HomeMy WebLinkAboutOC1968-0804 - ESTATE OF GRIFFINQtunntg.
ESTATE OF
(ttumt uf (ttummnn JUrus uf lfus4ingtnn
Jrnusgluuuiu.(@rp4nus'(ttnnrt Iliuiswn
63-68-804No.__~__--=-_
Shan M.Griffin,deceased
for J.Shannon Griffin,~e
mainderman
In the matter of the First and Final
Account of Mellon National Bank and Trust
Company,Testamentary trustee
ADJUDICATION AND DECREE
And now·March ~tr '19~this matter came on for hearing,
audit and distribution at this session and testimony ta en;and thereupon,upon due consideration
theree£.thel~I,QRcefor distribution in the hands of the Accountant is determined to be
$'~,q..::>::>and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a port hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
SCHEDULE OF DiSTRIBUTiON
Balance per account ~_______$80,190.08
Addlt:tonel debit asked at 8 udi t 21602'.82
Additional credit asked at aud!t
Balance:_
Deduct Clerk's Costs &Receipt:t..s _
Attorney~___=G~.i.___:.:A:.=8~h~t~0~n~B"""r~ow~n.l~e~e _
Russell Marino,Clerk O.C.,costs in certifying
real estate to Recorder,
Olga O.Woodward,Recorder,costs recording
certification of real estate to Recorder,and
costs registering same,
$101,792.90
Russell Marino,Agent,transfer inheritance
tax,tax due on remainder interest,$8445.53
Interest $t 3~12/14/65 to 3124/72 1590.63
Contribution from remainderman to provide suf-
ficient funds to enable real estate to be taken
in kind,,
J.Shannon Griffin,nephew,remainderman,real
estate as hereinbelow described,'held in kind
and distributed as such at the appraised,value,80000.00
No balance
REAL ESTATE TO BE CERTIFIED TO THE ,RECORDER OF 'ASHINGTON COUNTY I
BY THE'CLERK OF THE ORPHANsr COURT D VISION
"
MellonN',t1.ortal a'snk and Trust Company,TestameJ tary Trustee,.
grantor to J.Shannon Griffin,remainderman,gr ntee of all the
right,title and interest of the deceased Shan '[.Griffj n,in and
to parcel of reel estate described as,VIZ:,
N
~.
"
\I •
(t
.........,.\
",.
,.
..
.1
..
,J.,....
",':~r
r
.'
",
..,.
r r
Z9
r,'
..
his
at
of record
ilding
d desig-
nt and
ect to
ice
916,
IIUPONwhichlot is erected a two stor brick
I.
containing two storerooms on the f~rst
offices on the second floor,this property bein,.,
Street.
First Parties thereto,and Andrew Balent and Ma
wife,Second Parties thereto,dated Cctober 25,1956,
"
nated as Nos.28,30 and 32 Nor.~h ~a1.n S·treet.
I
THE above described reai estate is s bject to a Lease
Option and Purchase Option Agreement between Sh n M.Gri fin (also
known as J.Shannon Griffin)and Sarah R.Griff
ALL that certa.1n lot of ground situa e on th East side
of North Main Street in the Third Werd of the C shington,
Washington County,Pennsylvania,fronting 40 fe t,more less on
said North Main Street and extending back of an even wi
feet to Shaffer Avenue (formerly Diamond Alley)said I
bounded on the North by lot of Nick p.Polites •Polites,
hie wife,(one-half interest)and Stephen H.Mi elic and Mildred
V.Mihelic.,.his wife (one-haif interest);bound the East by
Shaffer Avenue;bounded on theSbu~h by lot of ndrew Belent and
Margaret Balent,his wife,and bounded on the Wst by No th Main
to Andrew Balent,executed by Mellon
Estate of Shan M.Griffin per Court Order dated 8/1/61 a 186
of 1960 O.C.;
A note dated 8/3/61 in the amount of $5000.00 payable
in the Recorder's Office for Washington County,-Pennsylv nia,in
Deed Book Vol.1012,at Page 336.
BEING the same lot of ground devised
Griffin,by Will of Lou A.Margerum dated Septe
and duly proved and of recordin the Register
for Washington County,Pennsylvania,in Will
Page 542.The said Lou A.Margerum died Januar
THIS conveyance and certification is
notes of record dated 8/15/60 in the amount of
to Andrew Balent,executed by Mellon Bank,Guradian Ests e or
Shan M.Griffin per Court Order dated 8/1/61 at 186 or 1 60 O.C.;
",I ..'r .',,,t~-I'I,
·1 .,f .~\'.\
.'~".f'i....
"It.,,,'n _.1 ,,t·,',"
r -,/"I f.,!,,''i .l,l'
r r ,.(!."~.I
..,,)r ,;}{..r (
0 »:J Z....I ".(~.'.n.r "st-p;,11 W n'"~I .00'c CDCf.at a 3,4-l ~,:i -n ,.i '"\""0'0 0 ::+.........CD.........,,"-.,,4-\"0 .
t4 .....
~~::r .1CD,,.
t ::.'J ),"r ,,
N t4
.;t f"I"&~:,''''..t"-.r f .1''",,'.I
I,t-)(r\'.'(:"'....,•-.~j ·,~~t,()~"\',.,'::'f'A )
4-\~(/'':+i--"(,.'"",tl),t
tl)
r .,,"I,),.f '-'1,)?l')!J r"
f'·;..-,.\"'f,!,(
.t.
I",~..'.
(" •1'1 •\.•
..'
I'
"r I r ,-,.f .'
':)r ,r
..r l (.'
,I i ~...
,)
!"
'r
"\.\
r ..
\:\.
" r I •.t,
".'",
"
\(
.(.
• I
-.,.f,("~
,.1.."
"....c r
........~.
A note dated 8/1/62 in the amount of $10,000 00 payable
to Andrew Ba1ent,executed by Mellon Bank,Exec tor est te of
Shan M.G:riffin.
AN easement appu~tenant as set forth in an A judication
by the Court under date September 18,1970 and i1ed at o.804 of
1968,Washington County.
CERTIFIED TO RECORDER:MARCH 29 1972
"
..
,.'
'1'""..
;'
..,
.
l
~
t:-_.
G t ...-.,...--
'.
,/
~.
..
r ~
'-;
~
.,
'-.
'.
'.
..
No._
In the matter of the
Account of
of Estate of
.Abjubitatinu aub mttttt
i=I J "'_7 ['"
..•I •.1!r L~......f'eoo.'li -I
I'll riAR is Mi /I 40
rW:~~:ELL '~:,i~!NO
REGISTEf~(iF WILLS
VfASHiN·:nON CO..PA.
"
.~~~~2
"
Form RCRI-33
RESIDENT DECEDENT
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
OFFICE OF THE REGISTER OF WILLS
COUNTY OF W~~b.::i..J:lg~<:>~..
J'
.............JJ ,19 ..9.?,{=:~e-Ieaving a last will,copy of which is hereto attached.}(Day)(Year)
::.:o~-::;::::-~-_-:~~~}'"
...Q.~w..!Q.~p}:>.~.+.J..I..~~!:l..t Qf..n.c::.~.;r::.L M.~.n.9.IJ :N.~.t.~..9...~.:l,~.P:f.~P:g,~;ry,~.~Q.Ql.ll~.P.Y.1.Executor
~r of the estate of the above-named decedent being duly sworn,depose S and says
Decedent died J.1J.:.P:~.
(Month)
otJi~rN~:r::e~~::~~::a:~::y:l;}}~~:L:l,911~~"li~9~1..:e~P.k~P4..~rn§.t..:G..Qm~P.Y.... .
correspondence should be mailed ....~9.;tl~hJ~9.JIl,..~~;r::~Elt~P:g,Qh~;r::;r::yAye.@ElJW~~h~p,g"li(mJ.}:'.~~P:§.Y1.Y~p:.~~""
That as such ~.~.9.P.-.~.Qr.deponent is familiar with the affairs of said estate and the property con-
(Executor-~MeP)
stituting the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual name,or jointly ..
with,or as agent or deputy of another,or in decedent's individual name,with right of access by another as agent
or deputy,with the exception of the following:-
Name of Bank in which decedent rented a safe deposit box.This safe deposit box rented in name or names of:
That Schedule A attached hereto and made part hereof sets forth fully and in detail all the real property in the
Commonwealth of Pennsylvania of which decedent died seized and possessed,or in which decedent had any right,
title or interest at the time of death.It also sets forth the mortgage encumbrances upon each parcel of real prop-
erty at the date of death,giving the amount still due at death,name of mortgagee,date,rate of interest and book
and page of record thereof.In the case of building and loan mortgages it sets forth the face value of the mortgage
and states separately the number of shares of building and loan stock pledged to secure the same,the name of the
association and the withdrawal value of said shares.As to property encumbered by a building and loan mortgage,
the face amount of the mortgage has been deducted from the estimated market value of the property in ascer-
taining the value of decedent's equity therein,and the building and loan shares have been listed in Schedule
"B"at their withdrawal value.It also sets forth in the columns provided therefore the assessed valuation of each
of said parcels,the estimated market value thereof as of date of death of decedent.
That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal property
wheresoever situated owned by the decedent or in which said decedent had any right,title or interest at the time
of death;all moneys left by the decedent at the time of death,whether in decedent's immediate possession,stand-
ing to decedent's credit,or in which decedent had any right,title or interest in banks of deposit,savings banks,
trust companies,or other institutions,whether individually,or in trust for,or jointly with any other person,
giving also separately the accrued interest thereon,if any,down to the last interest day prior to decedent's death
in the case of savings banks,and down to the date of decedent's death in all other cases;all bonds,postal savings,
treasury certificates or notes and other evidences of indebtedness of the United States to the decedent;all obliga-
tions,whether by statute or agreement they are designated as tax free,of the United States,or any state,or
political subdivision thereof,or of any foreign country,which are owned or in which the decedent held an interest
at the time of death;all wearing apparel,jewelry,silverware,pictures,books,works of art,household furniture,
horses,carriages,automobiles,boats,and any and all other personal chattels of whatsoever kind or nature,left by
decedent,together with the fairly estimated market value thereof;all bonds and mortgages held by decedent and
of all claims due and owing decedent at the time of death,and all promissory notes or other instruments in writing
for the payment of money of which decedent died possessed,of whatsoever nature,with interest thereon,if any,.
giving the face value and estimated fair market value thereof,and if such estimated fair market value be less '
than the face value,it sets forth briefly the reasons for such depreciation as to each item;all moneys payable to
the estate from life insurance policies carried by decedent;all annuity and endowment contracts the proceeds
of which were payable upon the death of the decedent;and all the corporate stocks and dividends due thereon and
unpaid as of the date of death,bonds and accrued interest thereon to the date of decedent's death and other in-
vestment securities owned by the decedent at the time of death,with the market value thereof at such time.
~--,.-_.,~
"
In the case of securities of close or family corporations,the values reported are as far as possible sub-
stantiated by financial statements of the corporations,showing the assets and liabilities thereof as of the date
of death.The schedule also sets forth the interest of decedent at the time of death in any co-partnership or
business,and in support of the value of such interest there is annexed to said schedule,financial statements
showing the assets and liabilities of said co-partnership or business.A copy of the co-partnership agreement,
if written,or a statement setting forth the nature of the agreement if oral;together with a statement setting
forth the character of the business,its location,and such other facts pertaining to the business ~s may be
pertinent to a fair and just appraisal of the decedent's interest therein.It also sets forth in itemized form,
together with the fair market value thereof,any other property owned or left by the decedent at the time of
death.
That Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry contained
therein and in the case of transfers of property,real or personal,within one year of decedent's death,in con-
templation of decedent's death,or intended to take effect in possession or enjoyment at or after death,said
schedule sets forth the nature and value of such property,to whom transferred,the relationship of the transferees
to the decedent,the proportionate share received by each transferee and all other facts of a pertinent nature re-
garding said transfers.In the case of transfers intended to take effect in possession or enjoyment at or after
decedent's death there is also attached to the schedule a copy of the deed,trust agr~~ment or other instrument
creating the trust.There is also set forth in said schedule a list of all property,real and personal,with its value,
which passed at decedent's death by virtue of the exercise by decedent,either individually,or jointly with an-
other,of any power of appointment vested in decedent,either individually or jointly,by the will,deed,or other
instrument of another,with a copy of the instrument creating such power attacned to the schedule.
That Schedule D attached hereto and made part hereof sets forth the names and addresses of all persons bene-
ficially interested in this estate at the time of decedent's death,the nature of their respective interests,their re-
lationship,if any,to the decedent,together with the ages at the time of decedent's death of all minors,annui-
tants and beneficiaries for life under decedent's Will.It also contains a statement showing which of the bene-
ficiaries named in the decedent's will,if any,died prior to decedent,the dates of their deaths,their issue,and the
relationship of such issue to the beneficiary.
That all the statements made herein are to the best of deponent's knowledge,information and belief and that
the respective schedules set forth all the property of the decedent insofar as the deponent has knowledge at
this time.
That the totals of the appropriate columns in Schedules "A,""B"and "e,"as directed therein,have been
carried forward and properly registered in column #1 in the "Summary"on the reverse side of Schedule "D."
lllll
Subscribed and sworn to before me this ...
·-:~;'.ta:•.~•••••••••·•••·.-•.l~_~.
SAltA M.VAil Kr,r.x,Ho~ary Public
W hington W::whp,,;·h:1 ,-,QUilty,Pa,as '..I'.,My Commission IXplres
October 14,1966
Mellon ~~~l~and T
O~~J.."~·;A;~·;;·~·~ITicer
...............:...9..9.1;L.~h....M~.t~....~..~.!:~.~.~...~.g~....2P.:~.~.El.·_.A!.~.•
(Street Number)
..................w.~§p.J):~~g.~.L ..'?.~.~.~.;r.~y.~.;t~.~.
(City or Town and State)
..
Note:Before signing aJIldavit make Bare aD blank spaces In the affidavit and schedules annexed thereto are fined In with detaDs
or the word ''None'',and In case the assets Include rare and unUsted securities.securities of close or family corporations or an
interest In any co-partnership'or business,that the data and statements required under the paragraph above relating to Schedule
"B"are attached.Also make certain that column #1 In the "Summary"on the reverse side of Schedule "D"has been properly ClODI.-
pleted as above-directed.
ReRI-33a'
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
,'
SCHEDULE "A"
REAL PROPERTY
REAL PROPERTY IN PENNSYLVANIA,WITH STATEMENT OF MORTGAGE ENCUMBRANCES UPON EACH PARCEL AT DEATH OF
DECEDENT.WHERE PROPERTY HELD AS JOINT TENANT OR TENANCY BY ENTIRETIES,GIVE NAMES,ADDRESSES AND RELA-
TIONSHIP OF OTHER OWNERS.
The real property located In the Commonwealth of Pennsylvania should
be described by lot and block number,street and street number,together
with a general description of the property,with a reference to the record
of the conveyance by which the decedent took title:if a farm state number
of acres;also statement of mortgage encumbrances upon each parcel at
death of decedent.Taxes,assessments,accrued interest on mortgages,etc.,
are to be listed on form RCRI-IO and must not be deducted from this
schedule.
All that certain lot of ground situate on
the East side of North Main Street in the Third
Ward.of the City of Washington,Washington County,
Pennsylvania,having erected thereon a two story
brick building known as Nos.28,30 and 32 North
Main Street as recorded in the Register of Wills
Office of Washington County,Pennsylvania in
Will Book Volume 37,page 542 and Recorder's
Office of said County in Deed Book Volume 1012,
pg,ge 336.
(Exoolltor-Admini6trator mmt total "olumn :-;0.2 Hnd carry total to column l'i'o.1 in
"Summary"on rcverFe side of Sch~dul{'JJ.)
Estate of Shan M.Griffin A/K/A J.Shan Griffin
(1)
ASSESSED VALUE
FOR YEAR OF
DECEDENT'S
DEATH
xxxx
(2)
ESTIMATED
MARKET VALUE
$80,000.00
$80,000.00
(3)
DEPARTMENT
VALUATION
CAUTION
(Do not write
In this space)
$80,000.00
$80,000.00
,,
RCRI-33b
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "B"
PERSONAL PROPERTY
.,"
Cash in hand,Cash on deposit.Bonds and Mortgages,any Interest in a Copartnership or Unincor-
porated Business,Judgments,Royalties.Rights,Shares in Trust Funds,Leaseholds,Pensions,Promis-
lory Notes,Claims,Insurance payable to Estate of Decedent;Annuity and Endowment Contrach;
Corporate Bonds and Stocks,with Accrued Interest and Dividends Declared and Unpaid to Date of
D8Ith,Accounts Receivable,Jewelry.Wearing Apparel,Silverware,Houlehold Goods,Automobiles
and All Other Personal Property of Every Nature Wherever Situate.(Property held jointly by
decedent and another must be listed showing names and eddresses of other Joint Owners and their
relationship to decedent.)
Mellon National Bank and Trus t ComJ:S.DY',Guardian
Estate of Shan M.Griffin,Deceased.
Unit
Values
(1)
ESTIMATED
MARKET VALUE
AT
DATE OF DEATH
(2)
DEPARTMENT
VAI,UATION
CAUTION
(Do not write in
this space)
Principal Cash $122.93 $122.93
(.:x.cutor-Adminlltrau,r mullt total ".:.u_t•.,J Marklot Value"column So.1 alld e8rTy total te
(.'olurnn Xo.1 in uSummary"on rt~vcnu:8ide Qf 8<'hecJule D.)$122.93 $122.93
Note:This schedule must Ust all intangible personal property such as,cash in bank,bonds and mortgages,promissory notes,claims,insur-
ance,corporate bonds and stocks.accounts receivable,interest in partnership,etc.,even though physically located outside the Common-
wealth at the time of death.As to tangible personal property (e.r.,jewelry,wearing apparel,silverware,household goods,books,paintings,
automobiles,boats,etc.)state where it was actually located on the day of the decedent's death.Tangible versonal property which i.,definite-
ly established to have been physically situated outside this Commonwealth other than for a temporary purpose,is not subject to tax in
this Commonwealth.In the absence of a specific declaration as to actual situs,sahll property will be presumed to have been physically
present within this Commonwealth at the time of death.
Estate of Shan M.Griffin A/K/A J.Shan Griffin
RCRI·33c-'..'
COMMONWEALTH OF PENNSYLVANIA
•TRANSFER INHERITANCE TAX
RESIDENT DECEDENT SCHEDULE "C"
TRANSFERS
.~..'
ANlSWJ<.:R EACH QUESTION SEPARATELY
(1)Did decedent,within JilOyear of death,make any transfer of any material part of estate without receiving an adequate,
valuable consideration therefor?(Answer "Yes"or ''No'')N.Q __
(2)Did decedent,at any time,make any transfer of property in contemplation of death,without having received an.adequate
valuable consideration therefor?(Answer "Yes"or ''No'')1\1".9 .
(3)Did decedent,at anytime,make any transfers of a material part of his estate without having received an adequate,valuable
consideration therefor?(Answer "Yes"or "No"))~I9..
Is it conceded that such transfers were made in contemplation of or to take effect at death?(Answer "Yes"or "No"):::.
(4)Did decedent,at any time,transfer any property in trust by deed or agreement?(Answer "Yes"or ''No'')N.9...
(5)Did decedent,deputy,or joint renter,within one year of death,withdraw property or evidence of property from any safe
deposit box,registered either in decedent's individual name,jointly with another,or to which decedent had acccss by an
agent or as agent for another,and make distribution of such property without haVing received an adequate,valuable con-
sideration therefor?(Answer "Yes"or "No"))')[9 ..
If the answer is "yes"to this question,state below the name of the bank in which the box was located,in whose name
registered and set forth the nature and ~alue of the property removed,date of removal,and to whom distributed.
(6)If the answer to any of the questions from 1 to 5 is "yes,"then detail below the nature and value of the property trans-
ferred,date of transfer,to whom transferred,and all other facts surrounding said transfer,and in case the transfer was
in trust,attach a copy of the deed,agreement or other instrument creating the trust if not of record.otherwise by reference
to such recordin/C.
(1)(2)
Department
DESCRIPTION Estate Valuation Valuation
as of CAUTIONDateofDeath(Do not write in
this space)
,
..
(Executor-Administrator.if any of the transfers listed above are conceded to be taxable.must Nonetotal"Estate Valuation"column No.1 and carrv total to column No.1 in "Summary"on
reverse side of Schedule D.)
Note:If additional space is reqUired attach riders of the same size.
Estate of Shan M.Griffin A/K/A J.Shan Griffin
.
RCC.-3-3 D ·RI '..'
COMMONWEALTH OF PENNSYYLANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
\.
SCHEDULE "D"
BENEFICIARIES
--...'
"..
.:,
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED AGE OF LIFE
(If step-children or TENANTS bR INTEREST OF(State full names of all and their addresses who illegitimate children DECEDENT ANNUITANTS BENEFICIARYhaveaninterest,vested,contingent or other-are involved,set STATE YES AT DEATH OF IN ESTATEwise,in estate.)forth this fact.)OR NO DECEDENT
Sarah R.Griffin Wife Yes 4/13/79
c/~Meilon National Bank and.
Trust ComJlany,Guardian
Mellon SQuare
Pittsbureh '30.Pa.
1.All of Decede nt's "bersonal estate".
2.Rea estate.for li e.Upon death of Sara11 R.Griffin,distribute
the real estate or the prbceeds thereof t Mellon Na tional Bank ~nd Trus t Company,in
trust,for Decedent's gratldnephew,J.Sha!lnon Griffi n (Born 5/311/43)until he attains
the age of 25.
Deponent further says that all the above-named beneficiaries are living at this time with the exception of:-
NAME DATE OF DEATH RESIDENCE
-
IMPORTANT-SEE REVERSE SIDE
~.----
....- ---------------------
~IATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
ts:/
Will
lre~£!&el !No.
Dl"THE
Year .
(Executor,Administrator
must complete "As
Reported"column #1.)
(')~""d ~..,..,('l)('l)0 ll:>..,~OIl ::s OIl
OIl OIl 0
~
.....::s ""d('l)~..,
ll:>;;l 0
>(""d 't:lll:>('l)
C'"..,..,
~0 ~"C
tr1 ('l)..,
OIl ........'<ll:>....('l)
\;J
.$h~n M•.Q;ri.;fi'i,A.41K:-1A.;J•...~~nG.:t"iffill.
Deceased
Late of ..W~Sl:l~n.g~()Il.. .
'0
County ofWa~lliIl.g1i()!.l.
Commonwealth of Pennsylv.mia
REPORT AND APPRAISAL
"8 "0 wrn:~r~:;'.;.'.~~
SlllM,:10 'iL';"'t~>J,l'
S\f18i'\ij\j '~i 3;\\HdJSOr
enc:s::s::>-::c
en en en ><
(')(')(')
?"?"?"n ~>::::::---
~~-&)-EI9 -EI9 -EI9 ->-OIl
:OJ ::ex>~:0 .0 -
.;,"-;;..g .....
;!-J ;!-J :0 0-
':1\):1\):0 ..,
:1\):1\):0 8"
=-:.It ,....
~\0 :0"::::::
LJ 'vJ :0
1S :n I~V
c-?\.f i\J --.~.:i--..'O('.,i \'
-EI9 .-E19 -&)"*"*"*
~~------
031\:\~:0...H:1\.)
I\.)
~
'-0'W
:0)-;:
:0'":.....~u
I\.):0 $;.-
:I\.):0 ~t'O.::0..3-:\;.).8 :i"('l)c..
·Fg-rm RC C-10='U
",t I _...
DicucnON8 AI.1.0WIC IN
DATE OF FILING APPRAISEMENT'
OIl'fi'ICII OJ!'TMil
RIZClHftTER 011'WILLI
011'Washington COUNTY
AND ACiINT 01"TMB C:OMMONWi...LTH
F/Lf-=#=t b b8-76
Griffin._II-ATB OF WasbJ,ngtoD.Penn~ylyania
S-~3-63
~4a',11 IB,1963 DATS OF DEATH TJ1pe 11,1962
T"'I SUM OF "".,."",•.d.,.".??)",,,a,,,z.Z~6-Y
CATE AI2PROVED """.,"2.,L..I,~,,/..~,,,iV~4.Q~luRv~1)/1,[)/Y-<-elYo..L
~I Reg/,ter of Will"Ag.~t 0
STATEMENT OF DEBTS
AND DEDUCTIONS
Shan MESTATEOF
DATE NO.OF
VOUCH~II/NAME OF PAYEE REMARKS AMOUNT
19 3
Mav 14 Sarah R.Griffin widow 1.000 00
1962
T,,1..I:)Commonwealth of Pennsylvania:One death certificate 1 00,
16 Observer Publishinll Comnanv:...ellal adyertisine:10 00
16
191>3
Julv 11
Washinllton Record:AdvertisinQ
Clerk of Orphans I Court of Washington County.Pennsylvania,
court costs as follows:
7/10/02 Grant of letters and 0 e short certificate $29.50
?"/lqlf,~Filino i I;nn
10 00
7/11/63 One certified copy of 'V i118.50 43 00
T..,.r.~n-ria(n 1 7l;n nn
?1 ~Al'lhton Rrnurnlp.p·At 's fee 1 250 00
It..
21
16
33 00_
--~-~_c.._,.._
99(L J.D_
2 94
12 01
10 44
61 25
9 69
12 96
11 27
9 94
69 65
l?h nn
2,500 00
273 60
~1 269 70
Accountant's comDensation
Washinllton-East Washington Joi ilt Authority Sewer:Service
Bell Telenhone Comnanv:Servi<e
Th-e Citizens Water Company of Washington,Penna.:Service
Helen Todd:Reimbursement for c10thinll nurchased for Mr.Griff n
l.olJJmbia Gas of Pennsylvania:;&~::Vlce:.",:..:'.-~_-,-+__-=-=~....;:..:=--
West Penn Power ComDanv:Service
Washinoton Meat Market:'----.!S"'"t!<::a~t~e:=.·r¥-Il.:::::.e~n~t _+--~"_+........"---
r.A Shrnntz l.omDanv:Statement
T Paul Proudfit M.D 'Profe 3 siona1 services
Piatt Funeral Home:
Services ner s+,;,+.:.TY'>o ....+
Tem.nletons Drull Store:statemEnt
Internal Revenu!l;Se7rvice:Socia Security for employees,
I'lU='L-rtp-r ,.hi~O '("'J.
Less Veteran's Administration payment $250.00
n'...?O/n of ~1 IBO 00 23 60
17
17
16
If,
1'J 2
Julv 16
If,
AUIl.
19~2
.Tnlv 16
~pnt 6.
196~
'()rt 7.1
Interest on $5,000.for 1 year,,J .months and 26 days $546,67Intereston$5,000.for 10 montns,8 days 250.67 803 34
4ccountant requests deduction for borrowings secured by.Iudllrnent Notes 20,000 00
/-.-SAP.A t!.VA~,~~1I'.'{,l\otz:'j'I'u:Jac
..'Va:;~.jf1gton,'W t1.::'hLl )n~1 L;JUJ.~"J,l'n..ill Commisioil :':::'P~rcs
OctulNI 14,l~blj
_._-----------------------~------_._..._--
..;,.'."'.
1963
Oct.28
Nov.8
Clerk of Orphans r Court,Washington County,
Pennsylvania;Filing Account
Kurtz Monument Company:Mausoleum inscription
~1\
20.00
35.00
$28,277.59
.....'s
FiLED
••
b"DEC 5 HI 4 :00
\-.~'-'
,,
.~.
..
..
>•
,C>
,~',.
"
.'
,.
.j
RCC-8i-RI
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
IN YOUR REPLY PLEA.8E
REFER TO
35-l44 Bk.10
NOTICE OF FILING OF APPRAISEMENT
Mellon National Bank and Trust C0mpaD7
(Executor or Administrator)
...I
In Re:Estate of ·SHAN_·__·_!f_._G_RI_._fli'_._J1I__8_/k_/_8__6_tC_.._.__
_----\'l:::a::.:5=h~in::.:,~g~to~n~·County -File No.6668-:70
Dear Gentleman:
You are hereby notified that the===O,..M_..._·6_l.!1..,.·,....al...,__,.....-_
appraisement in the estate of SIiAN M.GRIFFIn alkla etc.
has been filed in tpe office of the Register of Wills of WashingtGtl
County on Hay ;(3,,1~.Said appraisement reflects the
following valuations:
Real Estate ~$_8~O~,~OOO:-._.~..~OO~~_
Personal Property ~1=22=··~.~9~3~_
Transfers --::-_
Total ---Jli/:1.....!@~,1.el121!02!:::.<:lW..9)z...L-__
,,
,<.~-;.,....-."",
in interest who is aggrieved by an appraisement ma~
provided by law.
Any party
appeal therefrom as
As to such tax that is paid within three months from date of
death,a five (5%)percent discount is allowable.As to any tax that
remains unpaid after one year from date of death,interest at the rate
of six (6%)percent per annum is charged.
Date __---'Ka~:,=L-~2,J..3,........1....Q[Jo6l.Aa-----Signed
Title
CI~_()QtV~.r.;~...../J~/1L(J.iJw.
had R.•'1'erllig r .
Chief-Appraiser
00:Att'f7.G.Ashton Brovnlee
rav:
DEPA'RTMENTOF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.
.....~'7
..;Fr;rm ,!tr,c-2·RI .........;!.~,I--:T ..,~"~.,.fI ,.......)"
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
APPRAISEMENT
"~u~~"~~~
DATli .....""""...."".""""""".""."."""":':."",::"":."~":.\""".~.,,,,,,,,
COUNTY """""""""""W~.~h.~~.QA"""."""...."."."""".
FILE NO.""""""""""".§.§.??:.7~.""".""""".".""."""."."".".
Whereas,."."."."""""§.h~"..M..,.""G;r.j,:f.f..~"".""."""".",,.." " """late of "~~.~~"..w.~.~.~.~g~~.~".." " "..
in the County of .."..." "..".".".." "w.i..e.hi.ngt.on..""..." "".".""."""""Commonwealth of Pennsylvania,having died on
the ."".".""."".."""."""."..",,.g~~.!,,day of "".".".."""""~~.".""".".,,,,,,19 6.5".,seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,."".."""""".""."r;r.~.."~.~""."'.~;r.+..mg ..",,,,".".,,"",an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for Ufe or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Description of Aaaet Unit
Values
$
Appraisement
Made for Inheritance
Tax Purpoles
I------------'-----------+--~--~-II
REALTY:
As Per Schedule "AII Attached:
PERSONALTY:
As Per Schedule "B"Attached:
T0rAL:
$80,000 00
122 93
$80,122 93
Having been duly sworn according to law,I do hereby certify that the above appraisement is made in con-
formity with law on this """.""""".Z.3.r.4,"""".." ".."day of "".."".""~""""""~Y..""""" " "..:"""".." "j..""'"19.9.:3..·"···~·~··········C7\·..n·..~··~···~~..·,,..·~········.."."."" "..·~..·"""·,,,,,,·,,·~(~~d~,,·,,~~~~t1~
....."""..".".."."""""..".."Y.l.a.:~.h.i.P.:Kt.~.J:l """"""""'""..1.Penna.
(Post Oftlee)\
"••<t'•
-,!
"
,.".....W.~l3.htrW:t:.(m ..,......,County ,.
~
I~~
,'.'"~,
"~<'~!<
..,
".~"-~:~I'',
,.j.
~
_/r
~.\.~r
\i
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
Shan M.Griffin..............,.....
Deceased.
Late of
..................~:3~..~~.:3??:?~?~.. .
Date of .Death,J.::tlJ.l:~g,~9.(>.?.
Appraisemcl!t Docket Vol 35.'.,.
Page,~~J:3.~?No..§§.§~.:?9
Fil.~d in Register's Office,..~:r.~~.'.19 ~~
Amount of tax due $ ..,.
DEWTMENT OF REVENUE'
"t
Received,
,
Examined and Approved,.
JWroteabau!'iJ.ppraisement,
Appeal f1'om Appraisement,..
Entered and charged,
r:tf~,
~.\
.~
"',.
-.
..,
,/
~";""
~.
Fonn'RCC-2r
.J DEPARTMENT OF REVENUE
~
BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.17 127
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
"APPRAISEMENT
DATE },lJ..!Y ?L.J..~.§.~.
COUNTy ~.~~.~.I.:I..~.~~T~~................
FILE NO...?..?..§..~.::..?..9..
1vASHINGTONlateofSHAN~f GRIFFINWhereas,.....................................r.....,.....•.......•.....................................................................................................................................................................................................
in the County of .........JiA..S.HINGT'O.N.................................................................................Commonwealth of Pennsylvania,having died on
11th June 62 .the .....................................................................................day of ...........................................................................19............,seIzed and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,.............J~:~f:....R~.......QJiA.Nl?X................................................................,an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix ,
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
.-
Unit AppraisementDescriptionofAssetValuesMadeforInheritanceTaxPurposes
'-
'"$
-
REMAINDERMAN APPRAISEMENT
LIFE TENANT died December 14,,1965
-
REAL ESTATE $60,000.00 .-
Less D.&D 3.600.00
Clear Value 56,400.00 -
--.
56,400.00 @ 15%=$8,460.00 Tax Due 4;R 4hr ()()._-
r.gyy Tnt"(a)h~nn t-n R-14-hR 1 22h 70
~--
Total $9,686 .70
i-/Cf-??~36"-.-
9 7:09,acJ
fonn~~vi';:fhb~~::~:.w~a~~:,~a~~~~~~~je~~~
Appruser
~...;=JZ;....?;:J;::')•••~.,m.~~:~,
"--
lvASHINGTON COUt,ty
~
'.'"
"'....:
.
REMAINDER}~N APPRAISE~illNT
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
.......................SHAN H.•......GRIFFl..N..
Deceased.
Late of
.:E.A$T YI.A-5..F.!I.NQ.TQN .
Date of Dealh,J.:u..n..~11..,.l..Q.9..Z .
Appraisemei!t Docket Vol.,.3.5 .
Page,1.4.4~.lQ No 99.9.$..::::.7.0..
Filed in Register's Office,}.~J.Y.?..L 19 €'..~
Amount of tax due,$..
DEPARTMENT OF REVENUE
Received,
Examined and Approved,.
Wrote abo.ut Appmisement,
Appeal f,.om Appraisement,..
Entered and charged,
tI~or'•
I
"
r--I
TOTAL (ll!llTS &UllllUCTI(}IS FUE7t"D:
i 29,B52.Q2JOSEPHINEM.DOUGLAS .d
~~Bi$ttr of ~ill$
AGENT FOR THE COMMONWEALTH OF PENNSYLVANIA FOR THE
COLLECTION OF INHERITANCE TAX IN WASHINGTON COUNTY
WASHINGTON,PENNSYLVANIA
'--'2
February 18,1964
Commonwealth of Pennsylvania
Inheritance Tux Division
Bureau of County Collections
Department of Revellue
Harrisburg,Penn sylvania
RE:Estate of SHAN M.GRIFF'IN a/k/a etc.
Died June 11J 1~162
'ile fJ6668...70
,llddit1onal Credits Claimed at Audit No.288 of'1263 A.A.
Clerk's Costs 74.50
Joseph C.Spriggs,Claims 750.00
~'!r.&Mrs.AndrEl1:1 Bala.nt,Claimant 7~O.OO
TOTAL:•• • • •.$Ij574.50
Very truly yours,)
,..REG~l'ER OF}tllU3 ....()(/",A~&A'~~-<U -1l1 b ~)~c
"Joae~I M.Douglas,Agent (Mrs.)
I Washington County
rav:
RESIDENT DECEDENT
SUPPLEMENTAL RETURN
.'
Form RCC-33
3-
W-!3
Ii
t..~(:..y
-1']-3<'-
:3 5'-I 'oJ'll·I"()
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU Of COUNTY COLLECTIONS
COUNTY OF WASHINGTON
)
IMPORTANT:---_..-.-_------'~~-.--~~"----------------This return mus t be completed in detail and f'iled in duplicate,with will attached,with the
Register of Wills of the County where decedent resided;Return is due within one year after
date of'death,unless an extension is granted by the Secretary of Revenue.(Section 703 of
=-'--'-_t...;h...:.e~h_l.;.he.;;.1....·1::.·t;;..,a:.;.:l.:..lc:e,and .Estate Tax Act of 19fi~,_I.._)_
Administrator of the estate of the above-named decedent being duly sworn,depose and say
Trustee
....~=
Decedent'dJed................"...",.J1J!l~..'
(\Iont-hl
Name and address of attorney or}
other authorized representative to
whom all correspondence should be
mailed.
11 ,19 .§,?,J testate leaving a last will,.copy of which is hereto attached.}
(Hay)(Y""rl'L,..,ol;.....~~...
Mellon :N'~t,:i()Ilal,B~",.ELI:l.c1:.~~Elt.....ggr.nl?8J:lY
South Main,Street and Cher~YAventt~,W~?hiIlgt.()IlLP~Il:r:l:~y.1y..~Il.ia
That as such ~.~.~.~.~~deponent is familiar with the affairs of said estate and the property con-
(Executor-Administrator)
stituting the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual,name,or jointly
with,or as agent or deputy of another,or III decedent's individual name,with right of access by another as agent
or deputy,with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX
THIS SAFE DEPOSIT BOX RENTED
IN NAME OR NAMES OF
RELATIONSHIP OF JOINT
HOLDERS TO DECEDENT
Not applica_b_l_e +-:--'--__-t-'_._
====================!===.===========!=======
That the contents of said safe deposit box or boxes arp.item1l,ed UI1der Schedules of this
return,with the exception of the follOWing,for the reasons hereinafter set forth:
That Schedule A attached hereto and made part hereof sets forth full v and in''detail all the
real property in the Commonweal ttl of Pennsylvania of which decedent died haVing an interest therein.It
also sets forth the mortgage encLwbrances upon each parcel of real property at the date of death,giving
the amount still due at death,name of mortgagee,date,rate of interest,and book and page of record
thereof.It also sets forth in the columns provided therefore the assessed valuation of each of said
parcels,the estimated market value thereof as of date of death of decedent.
_•..J
That Schedule B attached hereto and made part hereof sets forth fully and in detail allpersonal
property wheresover situated owned by the decedent at the time of death;all moneys lert by the decedent
at the time of death,whether ).n,decedent.'s immediate possession,standing to decedent's credit in banks
of deposit,savings banks,trust companies,or other institutions,whether indiVidually,or in trust for
any other person or persons giving also separately the accrued interest thereon,if any,down to the last
interest,daY ~~~o!_~~_~e~~~e~~'~.~~ath tn the case of savings banks,and to the date of decedent~s"death
!'ri'all other cases';'aU.'bonds;postal savings,treasury certificates or notes and other-eviden'ce ot in-
debtedness 'Of the "Uriite'd States tathe decedent;all obligations,whether by statute,or agreemen!.:.they
are designated as tax free,of the United States,or any state,or political subdivision ther~of~~or of
any foreign count~y,which a~eowried at the time of death;all wearing apparel,jewelry,silv~rwa~e,pic-
tures,books,works of art,household furniture,horses,carriages,automobiles,boats,and any and all
other personal chattels of whatsoever kind or nature,left by decedent,together with the fairly estimated
market value thereof;all bonds and mortga~es held by decedent and of all claims due and owing decedent
at the time of death,and all promissory notes or other instruments in writing for the payment of money
of which decedent died possessed,of whatsoever nature,with interest thereon,if any,giving the face
value and estimated fair market value thereof,and if such estimated fair market value be less than the
face value,it sets forth briefly the reasons for such depreciation-as to each item;all moneys payable
to the estate from life insurance polictes carried by decedent;all annuity and endowment contracts the
proceeds of which were payable upon the death of the decedent;and all the corporate stocks and dividends ,.
due thereon and unpaid as of the date of death,bonds and accrued interest thereon to the date of dece-
dent's death and other investment securities owned by the decedent at the time of death,with the market
value thereof at such time.
,,'
In the c~se of securities of close or family corporations,the values reported are as far as
possible substantiated by financial statements of the corporations,showing the assets and liabilities
thereof as of the'date of death.The schedule also sets forth the interest of decedent at the time of
death in any co-partnership 'or business,and in support of the value of such interest there is annexed to
said schedule,financial statements showing the assets and liabilities of said co-partnership or business.
A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the agreement)
together with a statement setting forth the character of the business,its location,and such other facts
pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest
therein must be sub!)litted.,It should also set forth in itemized form,together ~with the ,fair market value
thereof,any other property owned or bequeatned ny'the decedent at the time of death.
The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry
contained therein and in the case of trahsfers ofproperty,real or personal,within two years of decedent's
death,in contemplation of decedent's death,or intended to take effect in possessIon or'enjoyment at or
after death,said schedule sets forth the nature and value of such property,to who~transferred,the
relationship of the transferees to the d~cedent,the proportionate share received by each transferee and
carr other facts of"a p~~tinent nature regard:l.ng stiiet'transfers.In the'case "~f t~ansfers intended to
take effect in possession or enjoyment at or after death,there is also attached to the schedule a CORY
of the deed,trust agreement or other instrument creating the trust.Ther.~is,also set forth in said
schedule a list of all property,reai and pe!.~on~:,with its value,which pa8ses at decedent's death by
virtue of the exercise by decedent,either individually,or jointly with another,or any power of appoint-
ment vested in decedent,either indiVidually or jointly,by,the will;deed,or other instrument of another,
with -a copy of the instrument creating such power atta.ched to the s9}1edule...,t..-,-.
That Schedule D attached hereto and made part hereof sets forth the n~mes and addresses of all
persons beneficially interested in this estate at the time of decedent's death,the~natureof their res-
pective interests,their relationship,if any,to the decedent,together with the ages at the time of
decedent!s death of all minors,annuitants and beneficiaries for life under decedent's Will.It also
contains a statement showing which of the beneficiaries named in the decedent's will,if any,died prior
to decedent,the dates of their death,their issue,and the relationship of such issue to the beneficiary.
That SChedule E attached hereto ,and made a part hereof sets forth all property,real and per-
sonal,owned by the decedent jointly with another or others,including intangible,standing in the name
of the decedent and others,plus the date and place of record of instruments effecting the vestiture of
real estate and the date of acquisition of personalty,plus the name,address and relationship,if any,
of co-owners to the decedent.:','",
That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts
and deductions claimed for and on behalf of this decedent's estate,including funeral expenses paid;
family exemption,where applicable;costs of administration of this estate;counsel fees and fudiciary's
commissions paid or to be paid;cost expended for burial trusts,tombstones or gravemarkers,and reli-
gious services,in consequence of the death of the decedent;debts and claims owing and Impaid at time ~f
~..death;taxes accrued chargeable for period prior to decedent's death (except those allowed under Section
651 of the Inheritance and Estate Tax Act);'together with a statement of coila.ter·al pledged for obliga-
tions,if any.It is agreed that the fiduciary will present proof of said claimed obligations upon re-
quest,that if the amount actually paid in settlement of any fee,commission or debt is less than the
estimated amount claiming and allowed,that the same will be reported to the Register of Wills,and that
the amount of tax assessed can be reassessed in accordance therewith.
That the totals of the appropriate columns in Schedules "A","B","C","E",and "F"as directed therein,·
have been carried forward and properly registered in the Summary.
Subscribed and sworn to before me this ..
.....................!...P..d:day of ,:l!~7-19..t.0..
................~?h:it?xr!...Y..ci&le,.., ,, .
SARA M.VAN KmK,Notary Public
Vashington,Washington County,Pa.
My Commission Expires
October 14,1966
(Ea:8Ggtcn'Acll~~Trust Officer
.9..~M~tP.:.9.1.~~....Qh.~rn:Ay.~..~~.
(Street Number)
..\1.§..~P:tpgy..9.P.:J :R~.P.:n.~.y.J,y.gnt.g .
(City or Town and State)
NOTE:Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are
filled in with details or the word "None",and in case the assets include rare and unlisted securities,
securities of close or family corporations or an interest in any co-partnership or bus~ness,that the
data and statements required under the paragraph above relating to Schedule "B"are attached.Also make
certain that column #1 in the "Summary"has been properly completed as above-directed.
'RCC-34 (1-64)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
TRANSFER INHERITANCE TAX
RESIDENT DECEpENT
SCHEDULE IIA"
,,-REAL PROPERTYj
/
Real property in Pennsylvania,with statement of mortgage encumbrances upon each parcel at death of dece-
dent.Where property heid as joint tenant or tenancy by entireties,report on Schedule liE".Property ht'ld by
thede.cedent as tenant in common with another or others,should .be identified as to quantum of interest and
the estimated value should be that of the decedent's interest only.
The real property located In the Commo~wealthof Pennsylvania should be
described by lot and block number,street and street number,together wi th
a general description of the property,with a reference to the record of the
conveyance by which the decedent took title;If a farm state number of a.
cres;also statement of mortgage encumbrances upon each parcel at death
of decedent.Taxes,assessments,acc':ued Interest on mortgoges,etc.,are
to be listed on Schedule "F"and must not be deducted from this schedule.
All that certain lot of ground situate on the
East side of North Main street in the Third
Ward of the City of Washington,Washington
County,Pennsylvania,having erected thereon
a two-story brick building known as 28,30 and
32 North Main street,
Recorded in W.B.Vol.37,page 542 and
D.B.Vol.1012,page 336,Washington County,I
Pen~sylvania •.~_~~w-r.a ~..B.?J.,..ft-qwr~-4-~~a,2)$f1
The above property'is subject to the followi:p.g
liens:
Judgment note dated 8/15/60"in the amount
of $5,000.00 payable to Andrew Balent,
Judgment note dated 8/3/61 in the amount
of $5,000.00 payable to Andrew Balent,
Judgment note dated 8/1/q2 in the amount
of $10,000.00 payable to Andrew Balent.
(1)
ASSESSED VALUE
FOR YEAR OF
DECEDENT'S
DEATH
I
(2)
ESTIMATED
MARKET VALUE
80 ,000.00·
(3)
DEPARTMENT
VALUATION
CAUTION
(Do not write
In this space)
,.
'"
/
Insert thi s total opposi te IIreal property",Schedule IIA"in the X X X X X
liAs Reported"column on the last page of this return.
80,000.00
,..
RCC-35
?,
.COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "B"
PERSONAL PROPERTY
INSTRUCTIONS:This Schedule must disclose all tangible and intangible personal property owned indiVidually
by the decedent,at the time of his death.Property owned by the decedent jointly with another or others
must be listed under Schedule "E".Inta~gible personal property,titled in the name of the decedent,but
payable at death to another OT others,including but not limited to P.O.D.U.S.SaVings Bonds and tenta-
tive trust accounts,must be listed,despite the fact that they are not of the administered estate.
Tangible personal property should be listed first (e.g.jewelry,wearing apparel,household
goods,and furnishings,books,paintings,automobiles,boats,etc.)
Intangible personal property,such as bonds,treasury certificates,cash on hand and in bank,..
stocks,'mortgages,notes,together with accrued interest or div~dends,salaries or wages,insurance pay-
able to the estate or fiduciary in said capacity,partnership interests,interest in any undistributed
estate of or income from any property held in trust under the will or agreement of another,even though
located outside of the State,at the time of death,should be listed in this schedule.
Item ITEM UNIT ESTIMATED DEPARTMENT VALUATION
No.List and describe fully VALUE MARKEr VALUE (Do not write in
this space)
,
/lI/)A/If
-\
.,
..-
..
,
..
Insert this total opposite "Personal Property",Schedule "B"in X X
the "As Reported"column on the last page of this return.
,,
r:cc-36
rmmON'\'"E\LTH OF PENNSYLVANIA
TIUNSFER INHERITANCE TAX
)~SSIDENT DECEDENT
SCHEDULE "c"
TRANSFERS
.,
(1)Did decedent,within two years of death,make any transfer of any material part of his estate,without
receiving a valuable and adequate consideration therefor?(Answer yes or no)__
(2)Did decedent,within two years of death,transfer property from himself to himself and another or
others (including a spouse)in joint ownership?(Answer yes or no)_
(3)If the answer to (i),or (2)above is in the affirmative state:
(a)Age of decedent at time of transfer _
(b)State of decedent's health at time of making the transfer.(Note 1).
(c)Cause of decedent's death.(Note 1).
(4)Did decedent,in his lifetime,make any transfer of property without receiving a valuable or adequate
consideration therefor which was to take effect in possession or enjoyment at or after his death?
(Answer yes or no)_
(a)Was there any possibility that the property transferred might return to transferer or his
estate or be subject to his power of disposition?(Answer yes or no)_
(b)What was the transferee's age at time of decedent's death?__
(5)Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration
therefor under which transferor expressly or impliedly reserves for his life or any period which does
not in fact end before his death:
(a)The possession or enjoyment of or the right to income from the property transferred?
(Answer yes or no)__
(b)The right to designate the persons who shall possess or enjoy the property transferred or
income therefrom?(Answer yes or no)_
(6)If the answer to (5)(b)above is in the affirmative,state whether the right was reserved in decedent
alone or others -:-__
(7)Did decedent in his lifetime make a transfer,the consideration for which was transferee's promise to
pay income to or for the benefit of care of transferor?(Answer yes or no)__
(8)Did decedent,at any time,transfer property,the beneficial enjoyment of which was subject to Change,
because of a reserved power to alter,amend,or revoke,or which could revert to decedent under terms
of transfer or by operation of law?(Answer yes or no)__
(9)If the answer to (8)above is in the affirmative,was the power to alter,amend,or revoke the inter-
est of the beneficiary reserved in th~decedent alone or the decedent and others?
(Answer yes or no)__
NOTE 1:The answers to these questions should be supported by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2:If answer to any of the above questions is yes,set forth below a description of the property
transferred,it's fair market value at date of death,dates of transfers and to whom transferred,with
relationship of transferees to decedent,if any.Submit copy of any trust deed or instrument,if trans-
fers are claimed to be non-taxable,also submit detailed statement of facts on which said claim is based.
NOTE 3:List applicable property below in manner in which prOVided in Schedules A,B,or E.
ITEM DESCRIPTION
Schedule not applicable.
MARKET VALVE
(Es timated)DEPT.VALUATION
(Dept.Only)
Insert this tot'tl opposite "Transfers",Schedule "C"in the
"As Reporterl"column on the last page of this return.
....,.
RCC-37 (12-63)
C07lDll):,\WE:\1.T1l OF PE:,\:,\SYYL\NIA
TR:\NSFER I"IIERITA:'<CE TAX .
RESIDENT DECEDENT
SCHEDULE "D"
BENEFICIARlES
,-
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step-children or DATE INTEREST OFStatefullnamesandaddressesofallwhoillegitimatechildrenDECEDENTOFBENEFICIARY
ave an interest,vested,contingent or other-are involved,set STATE YES IN ESTATE
wise,in estate)forth this fact.)OR NO BIRTH
J.Shannon Griffin Grandnephew Yes 5/::31/4:1 *
;.--
*$100.00 per month until age 25.at wh ch time
which time distribution is 1(,0 be made outright
to J.Shannon Griffin.
Sara R.Griffin.life tenant in the estate of S!han M.Gri fin.
died on December 14 lQ6s.
'-'
.
I
II
:1.;.,
"i
\
h
Deponent further says that all the above-named beneficiaries are living at this time except below:
NAME DATE OF DEATH RESIDENCE
o , •.,
.............:-,.
(2)
(As Determined)
(1)
(As Reported)
$0,000.00 .$
$
$
$
$
$.
$
$
'.$............................t,
$}~O,()()()~.Q.O.$1-...~~¥t-e~f Lt',OOo ....
Gross Taxable Estate
.... .................~~r:................. ,o'••••.!
SUMMARY
Real Property ..(Sch."A")
Personal Property .(Sch."B")
Transfers .(Sch."C")
.JI
• J ('
(,...."'\"
.'"',.).r
oz
:'0QI
:ell:C"J.QI
:().QI
l=1 Cl
'rl :G-i:G-i:
'rl:H:CJ:
.....o
.c.s
15u
.....o
..c.::::':'.lIl.i~CoE,..coU
~-~._A_.tUJ\.....).,~
Form RC C -1P ~DEDUCTIONS ALLOWED IN
I .,.3~DO o-e).
•OFFICE OF THE STATEMEN"T"OF."DEBTS THE SUM OF ............$..............................:...................
REGISTER OF WILLS AND DEDUCTIONS Z-A-ttWashingtonDATEAPPROVED.......oo
.
OF COUNTY .....................................................
(J ':;aANDAGENTOFTHECOMMONWEALTHo~a/~f tU4-~__i..l?~.....·:7«Y.iV!·lt~·!£&oJ/S-%fr h£(f-7d '.Register ~Wills,Agent.
Trust ESTATE~Under Will of Shan Griffin LATE OF Washington,Pennsylvania 14o:fSara R.Gnfhn December
?-..?-tti DAT5 OF'DEATJ ~~1965
DATE OF FILING APPRAISEMENT
r .
DATE NO.OF NAM&:OF PAYEE REMARKS AMOUNTVOUCHIOII
The following expenses were inc~rred in.termination of the trust:
1968
J
Mav 31 Attorneysl fees:
Estate of Joseph C.Spriggs,deceased 600 00
G.Ashton Brownlee 600 00
Mellon National Bank and Trust Company:Accountant!s
Compensation 2,400 00
I.e.L~A IJ 4-X 'X~.~..{/~~A/AY.'-~.\~~...r
V ~"l 1\1\°'"/(l.Jj AA 1LO ~~.~a)/-f!t1AAA:fg'l \~7-J'rJ-
\1>[1 ,1'#'/OJUAA At;(~~(~'(J //0 'atJ,
\f~\'-1 /~~~b·f!:f _'.J j ad'~~oLAv.r (9 (;t()
.~".V /
....
---<}t'
I ,,0"'0 ~
-l ,_(q0J t.A :1"%9~~~
~.'7 -/\\ .vOl ~I-
.,\\\JA.,flJCVVVV\<£d\\l~tA\r ft\
•"1\"J;V /
(JJr~V v i,\)VV'If'/
•--J ./\"~\A
\~~
,1
.i
~--t:---.
[(3.600 00)
COMMONWEALTH OF PENNSYLVANIA }s.:C7 I
,
COUNTY OF Washington Trust Company
I.Arlie W.Ott,Trust Officer,Mellon National Bank and HEREBY CERTIFY.THAT.TO THE BEaT OF
MY kNOWLEDGE AND BELIEF,THE FOREGOING IS A JUST AND TRU E srATEMENT OF DEBTS.FUNERAL EXPENSES AND EXPENISD O~
ADM'.''''R'''D.RURM'nED '"T.E EST'"OF Shan Griffin -~DUOT'O.'FOR
,INHERITANCE TAX PURPOSES./2,z .Jtj ,
I~d -'/£.(L.s.)
.WOltN AND IU••CRI8&D ....ORE MI THII DAy 01'L/Trust Offtcer
June ..18 68~.)n 1t&7&~\,ub\ie7N'p'hI"~ot(l\~\'0.."otary .u ~c \JI\~\~\R~'011 C~\ll\\~'
. :SI\\l.1\i'lI.'l.!ZSI1\\\,}.E"I1\\es
'l'Ias"\I\~\OI\,coIl1l1'.iS~~"\91 0i'lI~octobel '
',,\
..
...~
,.
,.
,.
11·~/.r [,I,J ·'1 ~"11'"\0 ('~"'t•C.:J C,t l'l I C••J.-
OJ·''!r .:1
•
_r-
1....L .....
'........,I
,
.i...;.,.
I'j
".~'i ......':J,.J,,~
.:...1."__...
J"...
5j ,::j~;'c.
'_n
R C C~81 (2-64)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
NOTICE OF FILING OF APPRAISEMENT
IN YOUR REPLY PLEA8E
REFER TO
35-144-10
)
Mellon National.Bank and Trust Bmmif
(Executor~
Company
In Re:Estate of Shan M.Griffin aIm/a IT.Shan Grjffin,
______~W;Aag.8hu.lIl.l.l·~gt~.ll.loi.LIn---_County - FHe No.6668-70
You are hereby notified that th'e .",........,...--=:or:...:::lig=ina;:.:::;;=l:...-~~~~~~_
appraisement in the estate of Shan M.Griffin a/k/a J.Shan Griffin
has been filed in the office of the Register of Wills qf Washington
County on June ?1 ,19 66.Said appraisement reflects the
following valuations:
Real Estate -..:6::..:0:..l,~0:..=O:.=O..l!..O.:-:.O~_
Personal Property __
Transfers --;-_
Total ~60~,~O~OO=a.~OO~---
As to such tax that is paid within three months from date of
death,a five (5%)percent discount is allowable.As to any tax that
remains unpaid after one year from date of death,interest at the rate
of six (8%)percent per annum is charged.
Any party in interest who is aggrieved by an appraisement may
appeal therefrom as provided by law.
Title
Date __..:::.J~un=e-=2,,-,7~,~19.L'-6...,,6,,---
Note:This is not a bill.
Signed -~{)"..4--:--'9t..L--£-,l,Zio::s.-~so.=:s;r..g~~c....=::h:t..::l.~"'::;"'_
A.MELE,CHIEF APPRAISER
~.---......-.,
,j'
"'RCC-39 ('6-64)
CO\JMONWEALTH OF PFNNSYLV,\NI:\
T1UN8FEH.INHERITANCI",TiY
RYSIDENT DECE.J~NT
SUPPLEMENTAL APPRAISEMENT
GRIFFIN,SHAN M.a/k/a etc.
SUMMARY
"En.
County of
appraised
set forth
rmrOHT OF INHERITANCE TAX _L\PPRAISER
duly appointed Inheritance Tax ~ppraiser in and for the
,Pennsylvania,do respectfully report that I have
property as reported in the foregoing return at the values
the last column to the right in Schedules "A","8","C"and
File #6663-70
I.the undersigned
#63 Washington
the real and personal
opPJsite each item in
DFltpd:06/27/66.,
06/11/62 INHERITANCE TAX ApPRAISER
REPORT OF THE REGISTER OF WILLS
I,the undersigned duly elected Register of Wills in and for _
County,Pennsylvania,do respectfUlly report that I have allowed deductions in the amounts
claimed by deponent,except as to those items where a greater or lesser amount is set forth
in the last column to the right in Schedule "F,r,which greater or lesser amount represents
the sum allowed as a deduction.
Dated:
REGISTER OF WILLS
VALUE AS REPOP~ED VALUE AS APPRAISED VALUE AS REAPPRAISED
$eo,OOO.O!L-$60,000.00._*_INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
J oint-Held Property (Schedule E)
TOTAL GROSS ASSETS
LESS Debts and Deductions
(SCHEDULE F)
CLEA.J:t VALUE OF ESTATE
80,000.00..-
======:-,---
60.000.0P
=====:-=====-.-
Valuation of life estates or
annuities . . • . . • . .$-----
ESTATE T"~~ASSESSMENTS $-------
COMPUTATION OF TAXFORUSEOFREGISTERONLY
T ax on $_
Tllx on $_
T ax on *~~
T ax on $_
Exemptions=======:";)Total Estate _
TOTAL TA'X;/
Less tax previously paid
BALANCE
Less 5%of tax if paid within
3 months after death
do.,,------~------
$------
$------
$-----*=====~=$_~_---
$======1-
(::')As evidenced by Charitable Exemption
Certificates issued by the Secretary
of Revenue.
BALANCE OF INHERITANCE TAX DUE $--------------
Add interest at rate of 6%[rom
______to $~__
AMOUNT OF ESTATE TAX ASSESSED *__
Estate tax paid $__
BALANCE DUE $_
Add interest at rate of 6%from
to $~_
TOTAL TAX BALANCE $_
PAID $
FOR USE OF REGISTER QNLY ADJUSTMENTS
NOTE:Where subsequent adjustments are made to the above computation of tax by the
Register of Wills,for proper reason,same should be noted below,with short
explanation.
Will
Administration (No.
D<THE
...Year .
~IATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
.~lla.n:t-r..Cfl"iJ,f.¥i ..
J•Shan Griffin Deceased
Late of...East.Washington.
County of .....~i~sh.:iPgt.Ql1...
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
I
"f.
..
J
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
f '
INHERITANCE TAX DIVISION
~~~244 Washington Trust Bldg.
WASHINGTON,PENNSYLVANIA
ISSOI
June 25,1968
COMMONWEALTH OF PENNSYLVANIA
DEPART~mNT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
HARRISBURG,PENNSYLVANIA 17127
ATT:MRS.BERYL W.BROOKING
Re:Estate of SHAN M.GRIFFIN
Late of EAST WASHINGTON,WASHINGTON
COUNTY
Dat~of death Ju~e 11,1962
Wash.Co.File #6668-70
Dear Mrs.Prooking~
Will you please send me the IBM Card on the above mentioned
estate.The Life Tenant died as of December 14,1965 and
this estate was reappraised but the appraisement filed and
dated June 27,1966 was incorrectly marked as a Supplemental
Appraisement.
May I have this card and any other information .hat you might
-J~Jhave.Thank you.
lIed Very truly yours,
/!2~J~~.£-C ~:J
Daniel Kanell r
"
p ~-----------
RCC-114 (12-64)WA:;;Wt #V~7-0 AI GO lJ fvT-;
co.FILE NUMBER DATE OF DEATH LAST NAME FIRST NAME UP-DATE COMMONWEALTH OF PENNSYLVANIA
63 6668070
REGISTRAR'S DATE AMOUNT AMOUNT
DEPARTMENT OF REVENuE
~~~~~~~'7~rW....fLQ~-.F;s~~~~~~~~~~=,J-::-I~N.:'..',H~E~R~ITANCE TAX LEDG ER
,-y,..---.--......---RE-ct'PT -""•'CO ~){tvi'!'5uNf\...ITt I wi'I"'<:>""'il ,...•.,iI -
AMT TAX _LIFE ESTATE INT.
YR IAJ Ii~0 "l 0<:0 -b'-:...ANNUITY AMOUNT ANNU.AGE RATEDAMO
CODE
00
10
40
60
80
OS/23/63
OS/23/63
02/18/64
02/18/64
02/18/64
7.099.75
147.62
2%
%728977
80.000.00
122.93
29.852.09-
,59,...270.84-
5.62 P
142tOO
142aOOCR
CODES,CLEAR VALUE TOTAL RECEIPTS I REMAINDER RESIDUE I RESIDUE I AMOUNT TAX DUE/OWED
REAL PROPERTY *1 *1 *1 *00 ORIGINAL 50.270.84 *147.62
01 SUPPLEMENTAL 19 ADJUSTMENT 30 TRANSFER 42 REM.-CHARITY 60 LIFE ESTATE 89 REFUND 95 ESTATE TAX
09 ADJUSTMENT 80.122.93 31 SUPPLEMENTAL 49 ADJUSTMENT 69 ADJUSTMENT 90 FED.CERT.96 SUe.LIFE ESTATE
ft JOINT PROPERTY 39 ADJUSTMENT 50 DIRECT BEQUEST 70 RESIDUE 91 FED.CREDIT 97 SUe.TRUST
·PERSONAL P~OPERTY 20 ORIGINAL 40 DEBT-DEDUCTION 57 TRUST 79 ADJUSTMENT 92 REM.APPRAISAL 98 SUe.ANNUITY
10 ORIG-INAL 21 SUPPLEMENTAL 41 EXEMPTION 58 ANNUITY 80 RECEIPT 93 REM.DEDUCTION
I I SUPPLEMENTAL 29 ADJUSTMENT 3 OR C -CHARITY 59 ADJUSTMENT 88 AD!.RCRI -46 94 REM.RESIDUE
1_
j
I
1·I
1
1
1i!
LAST IfILL AND TESTAMEnr--------
I,SEAN M.GRIFPIN,alao known as J.SHAN GRIFFIN,ot th.
Borough ot East WGshlngton,County 01'Washington,'and State ot Penn-
3ylvwnl0,co hereby make,publish Ind declare tbi.,~Last Will and
Tost~~~nt,heroby oxpreualy rovoking all v11la by ~e at any time here-
tot'cra r:wdc.
I G~tho owner 01'certain property known al 10••28,30 and
32 North Meln stre~t 1n tho Th1rd W.~01'the City ot Washington.Walh-
lnoton County,Pennsylvania,the lame tront1ng 40 teet and .~tendicg
back of oven width,moro or loea,240 teet to D~ond Alley,b.Ing
,tho ti QInG proporty c3 "'11 nd to mo by my Aunt Lou A.Hargerum.-I have
cntorod into In opt1on ogrecQOnt with Andrev Balent and Margaret Balent,
hb ",11"0,and e ortdn lucobera 01'their tull"to .ell and convoy tbi.
property to them it they olect to take up tbe optIon..
This,~vill,18 •dispos1tion ot the r.al ••tate it tbe
caid option 18 not taken up and 1.to be consIdered a di.position ot
procooc3 01's de 01'a ald roal ••tate lt &I a1d option 1.taken up.
1.Scv1CS only tt.e proceeds ot I ale ot tho North IoIa1n street
proporty,I glvo,dovise and boqueatb unto lIlyv1to,SARAH R.;GRIFFIN,
11':ho survivos ~O,.l~01'tbe rost,residue and rema1nder 01'mJ.per-
sonal ODtotC.
2.~ould the opt1on to purchase the real eatate above mont-
10~c Q3,h&v1ng bocn E1von to Andrev Balont,et al.,not b••~erc1.od
then I givo Clno dovin cy I do North Main Stroet real eatate to "IJJ1
e.1d wito,SARAH R.GRIFFIN,1t ah~Burv1vos mo,to bave and hold dur-
ing hor ~t~r£l lito.
3.In the ovont 01'said option not be1ng exerc110d and 1n,
tho cvont th~t ~OQ1d vito ,h~ll at &U1 tim.he?_noed tor a aum
gr<Hltor thuIl 13 GvdlQblo tro~tho not 1ncol:Oo 01'my I ald real estato
it is ·QY w111 And I horeby specially direct that .,..A1c1 v1re,hav1ng
•lito ostoto,e~d tho E=ocutor ond Trustoo 01'my _.tate eball bavo
tho full right c~d privilogo of plecalng tho cald real estato as soc-
ur1ty tor 3 t::.orteQ~O or ottar loan,and as to tbe dodrablllty,need
or ncco:sltJ or procurin£tho loon horeln &uthorl.-~d..V1.4,an 's to tho
Q~~unt thoroof,~y gale vito Ghall be tho Bole jUdge.The interest
,.
j
j
I1
j
i
I
I
1J
'1
I
j
j
J
]
1I.i.,
!Ii,
I,
Iii
1
1!
00 any such loon Bhal1 be paid from the income trom tho roal ostato
but the principel pa~enta ~hQll not be reQu1red untIl .tter tho
doath ot my said wifo.
4.Likewise.I conte~plite that 1t may and probab11 wl11
be noces ctlry t h:lt a cartdn sum or Duma be borrowed b1 r:q Exocutor and
Trustoe to meat the P~J~oot of tha Pennsylvania Tranator Inher1tance
Tu 'Inc tho Fcdord Est..to Tax Q:l!le5~ed Qgainst rI:1 estato tor t he pur-
pose of provicing tunds tor the pQycsnt of thole taxea,I expreaclJ
auttor1zo ina c~powar my aald Exocu~or to negot1ate tor and obtain
such 8~S or loans as ~y be nocos~Qry tor alld purpOI.and to plodge
the toe B1mplo title.to my .~1d real.estate,tollowing tho lito oateto
hereinabove dovisoo to ~w1to,~8 cecur1ty tor such mortgago or judg-
<'
rcent 10:lns,I d1rc;ctthat such locns 8S m81 b.mado \Ulcer the authorIt 1
of tho prosent pGr£g~oph ot this,my w1ll,be ao negotlatod and cad.
as to poatpono r epiymonto on acco~t ot prinolpal ot aald proposed
lO~ln until after the doath ot my 8ald w1te,the 1nt.rut onl,.,to bo
kept pa1d by my B aid Exocutor Qnd Trustee during rJ:1 vIto'.l1t••
S.The remaInder ostate 1n =1 hereinabovo mentIoned real
03t~tO,following tho dOQth ot my aa1d vito,or,tho proceed.ot Galo
thereot,should 0 corta1n option to purchase glYon by me to Andrew
Balont end/or MQrgardt BOlont,hls Vito,.t,.l.,bo exercl.od b7 tho
opt1onooo,or either or 'OJ of them.according to tho tenor thoroot,
I Shc.,c!6v1:;e end boqueath unto Mollon r.tlonal Bank .nd trust Compan,..
WUh1n.cton BrQnch.n Q Tructoo,to hav'o and to hold the a 8mo upon tho
following u~ea Qed trueta:
(a)To taxea,upkoop Gnd 1naurGnoe on the buildings upon o.ld
real C8t~tO which erQ not poid by tho optionoea.
(b)'1'0 the.paylUlnt of One Hundred .nd nO(lOO <G100.OO)
tolla:-a por month to JULIA McCLELL.Ul"D GRIFFIN,wIdow ot tho lato
Vl11~rd A.vr1ff1n,Jr.,~ho d100 HOVG~cr 7,1952,i.1d paymcotc to
be oxpondod by hcr,o&id Jul1Q McCloll~nd GrItf1n,tor tho coro and
~lr.tonClnco ot h c:'con.~r:.y erend-noz>heu,J.SHAWJON GRIFFIN,end a~h
,s~~r.tn to ccntinuo untilcy sQie ~2nd-nophov lhall have roachod tho
Ggo 0:tuonty-cnG (21)YOQr~;tho pQymonto heroin authorlscd oro ovc~
Qnc wboV9 anc iQ wddttlon to tho cost ot tho Doboo1Ing ot =1Q1d crane-
nuyh~w horein:ttor ~~thorl=od•
._----.-.-.-._._-----
\,/:
\
Ij
1~
1I
1
1'j
!
I
1
1
11
----==:'--.=.'~I==;=::==:::::!O~'·'·.========='I==·-=-·.tO~·'.~.-=--_-:--_-_-_~(~."-'if':-:::al::.
#
,.
(c)\-!hen r:ry said grand-nephew ,ahall have roached tho 8 60
or t\J~nt,,-onG (21)ycars,odd Executor and Trusteo i.herob1 author-
ized end dlroetodto malco add.mont hI)"$100.00 payments to him until
ho,r.rJ caieS g rand-nephow,uhall have reoehe'd the ago ot twont1-tlYo
(2$)YGQr~,provided,thQt chould ~ea1dgranc-nephov bo marr1odb1
tho t~oho beco~os tvonty-ono (21)1o~rs ot ego ho ahall et that t1me
receivo Gny aec~3t1ona ot pr1ncipal it said roal oatate be sold or
ahcll r oco1vo (loy Accumulations or rentall it tho .aid propert l shall
not bo 301d.
(d)Bofore making an1largo paymenta to rq aaid grand-nephow•
.other then tho $100.00 a monte hereinabove .pecitied.I direct that m1
Exocutol"end Tr\lstoo enoll ropa)"011 loana incUrred tor the purpose ot
pey1ng tho PCiI:'lOayIv.:anla Transfer Inher1tance Tax and the lederal Ratato
Tex,w1th lntoro~t.
6.!'':J sdd srand-nephew havil:lg reached the age ot tvonty-tive
(25)1o~r~cnd bolngthon liv1ng.tho tru.t and trusteeahlp herein
providod tor :ho1l cOal.and detormine and sa1d Trultoe .hall pa,.ovor
unto r:.'i Gliild cr3nd-ncpbow oq accumulated balanco ot rents or partial
pQ1~nt or purcna;e pr1ce or 1n tho event that it the .a1d roal estate
baa not boon :lolc turn ovor the roal estate to m1 ..ld poand-nephew a.
cpcc1Ql17 providod 1n tho no:t followlng paragraph.
7.Cont1nsont upon C1 mld grand-nopCn.J.SHANNOll GRIFFIB.
GttQ1n1ng tho aeQ ot twcnt,-tlvo (25)yoar..and the optlon to pur-
chcGO ~J ~Q1d real ODtato ~ontionod ocrller in thie.~will.not hav-
1ng boon o:orc1ced or tQ~e~c C,by the person(a)ent1tled 80 to do,I
S1vo ~:.d Cov1oo r:.rJ Ii aid rod .~tQto,boing heretofore mentioned aa
beinz lOCllltod o;;l!Jcrtb H:01n Stroot,'l"nlrd Word.C1ty ot Washington,,
unto ~G~id G~~cd-=ephow,J.sa~on Grlttln,hi.heira and aaa1&n..
toro..,,:-.
8.~ould 07 said crcnd-nGpbov die boforo ettQ1ning Gaid
floCl 0:tl.ior;::.-:~vo (25)yc.:::rc,cnd lOl1v1:l.3 "vUe aurvly1ng.or a
vito ~nd c~~ld O~chlldron c~v1v1ng,tho rocl eztate mentloned
bOl"ein Col be 1U3 cont1os~ntl:T Q ov1sod to a &1d J.Shrannon Gr1ttln
UpC;l h1:J Qttcl:l1ng tho ceo or t\.:ent~-t1vo (25)10ar8,I g1vo and do-
viDe ~J :wld roal owtQto unto tho aurv1v1ng v1fo.Gnd curv1v1ng_..------.--_..---:------~_.........---------..;....-----_!
interest therein.
w~to ~nc child,Qnd wife and children,ot s1d J.Shannon Grlttln a.
To CJ nioco,~~ELIZABETH GEISEl,an undivlded one-halt..
the Clue may bo,tbe~r hoirs ~lZld anignll,torever,thoy to OWn tho
namo in tho ao~eetatos snd tho same proportions as they would In-
herit t~om their hu~band ~nc tether uncer the lntestate lAW'or the
Co~onwoalth ot Pennaylv~nla,the SQQO d1spos1tion to be ~de ot GnJ
sums rOmD1nIng in the hands or the Executor or Trustoe.
9.In the c vsnt that my ~Aid grand-nephew,J.SHANli().GRlIrrIN,
shall dIe bofore reaching tho ago ot twent1-t1ve (25)yoars,and .hall~
lOQvtI to curv1vo him:no wito nor cbild nor chl1dren,I give and d oviso
~laid roal ostate to the following persons,the1r holr.and AIOlgn.,
forevor,to hava and to hola the lame 1n the tollowlng proportion.:
To wy nophew,SHELBY BRINSER,an undlvlded one-halt (l/Z)
:-.-".....,
I
,.'0
I
1'j
1
Ii
Ij;
I
I
1
J
1I
J
1
I
J
"j
I
,(1/2)1ntorut thore1n.
10.In tho event that 'I:1yl dd grant-nephew .hall exporienco
any oer10ul 111nol',wh1le the trust heroln provldod tor ahell ox1t'
,~
or bo in toree,or 1n tho event tho t f:r181d grand-nephew ahall v1ab
to attend college'or profess1onal or othor advanced school and 8a14
Truatue ahall be ot the opinion that 1nautt1c1ent tund.are aval1able
from Any other sourco tor such additional advancod sChooling,thon.
in fJ1ther ot D aid ovent.,I h6rebj"authorize ..1d Trusteo,in 1t.
d1Bcrotio~to expand trom ao,acc~ulatlon ot rental-lncome or,it
nocosti'lry to upend trom the pr1nc1p,,1 ot aald trust o.tate,or to
plocge,1f nococ~ary,tho roal estute over which such Trultoo haa sup-
erv1:l10n,such au::.or s~IiIS,1n ita opin10n,·are proper and necosBo17
to fulfill tho neod,Qnc purposes mentioned.
11.Should tho option to purcho,:So,here1na.bove ant1oned,.bo l
tQlceh up "nd oxordcec,then I direct t hit t he net proeoedl of 3 alo
ot my lS~ld rOQl c:;tEito,hQvlr0.8 boen pdd to 8dd Mollon National Bank
snd Trust Co~p~nl,~och1nston O:tlco,as Trustoo,in 110u ot the t1tlo
to s~ld ro~l o:t~to QOC th~t ~Gld P~OCOOC3 ot sale be investod and re-
1nvQstod by 1t,w~~hold by it upon tho 9~~O usoa and trusts Qnd tor
the (;cr::.o pGr~OC3 ..s g ro,in toro(;olng paragraphs 1n thls,my Will,
~et forth &~a~~llc~tle to the said real estato,the procoeds ot the
3ale thereottaking the placo of ~old real estate•
..=-C""',=_.~j_~.;.:'~.......--~~·'?';""':~"""IU4'f"'~~";':'!ff"'.:,'''~''T ':?!t:JI-;;':';:'.::caa:;",",,""',-.--L.z'"".,,_""'-~_._.,,.,..,..,-=-_.,""'c"'".......,:azs_.""'•..-_.......,........
".",
.I
I!
1 •
I
lI
...-~,~..-'.
I horeb]z:.ppoint HELLON NATIONAL BANK AND TRUST COMPANY,
WASF.lnG':'O~i BRANCH,Executor of this,rrq Last W111 and Testament,and
Trustoe thoro~cor.
I direct ttat my Exocutor QnO Trusteo employ JOSEPH C.SPRIGGS,
Atto:."'noy,LUI coun3el tor sold ostate,but it he ehould tor any resson
not bo oble to servo then I diroct that my Executor and Trustoe employ
th6 sorvices of GSORGE \-1.'tbA1.mR,ESQ..
IN vlITNESS WH:;:REOF,I have hereunto ,at my hand and seal thb
~7 day of Novo~er,1956.
...=Sh:.:.;.o:;.n:.,•..;M;.;.:.=-.:::G;.:r.:1:.:,t,::,f.:;;1;.;n:....(SEll)
.also known as
...;J::....;.m=on:;....;Gr;;.:..::.1.:..f!:.::1:.::n~(SEAL)
Tno foregoing w1ll,written on 6 shoet.ot paper,vas aigned,
ce&lod,publ1ohod cod doclared by tho abovel nacs d SHAN Me GRIF7I:J,alao
known ea J.S~1N GRIFfIN,aa and tor h1s Last Will and Test~ent,1n
tho presonco of us,~10,at h~s request,and 1n h1s presence,and in
the presonce of each other,have hereunto aot our handa 8S attesting
witnessQS thereto.
Edna A Spriggs
Elizabeth McBurnez
,.
...~..
--------------------------------------------.
,f
'IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
NO.J'tJ J/-i /7h £
ESTATE OF SHAN M.GRIFFIN,DECEASED
IN TRUST FOR
J.SHANNON GRIFFIN
FIRST AND FINAL ACCOUNT OF
MELLON NATIONAL BANK AND TRUST COMPANY
TRUSTEE UNDER WILL
May 31,1968
SUM MAR Y
SCHEDULE "A"
PRINCIPAL-PERSONALTY
/
Receipts Page 3
Amount transferred from
Income-Personalty Account
Disbursements Page 3
SCHEDULE "B"
INCOME-PERSONALTY
$186.66
3.413.34
Balance
$3,600 00
3 600 00
$000 00
Receipts Page 4
Amount transferred from
Income-Realty Account
Disbursements Page 4
Amount transferred to Principa1-
Personalty Account to pay
Administrative.expenses
$5,746.58
3.413.34
$9,350 00
9.159 92
:.....0:"••
Receipts
Receipts
SCHEDULE "c"
PRINCIPAL-REALTY
Page 5
SCHEDULE "0"
INCOME-REALTY
Page 6
.Balance
$10,000 00
190 08 I
II
80,000 00
GBS:aat
Disbursements Page 6
Amount transferred to Income-
Personalty Account for distribution
$650.00
9.350.00
Balance
NET BALANCE
10 000 00
000 00
$80,190 08
.:.~.:>""
f'
The balance consists of the following:
INCOME-PERSONALTY
Cash
PRINCIPAL-REALTY
Real Estate situate 28-32 North Main Street,
Washington,Pa.
Subject to payment of the following notes:
Judgment note dated 8/15/60 in the amount of
$5,000.00 payable to Andrew Ba1ent,executed
by Mellon Bank,Guardian Estate of Shan M.
Griffin per Court Order dated 8/7/61 at
186 of 1960 O.C.
Judgment note dated 8/3/61 in the amount of
$5,000.00 payable to Andrew Ba1ent,executed
by Mellon Bank,Guardian Estate of Shan M.
Griffin per Court Order dated 8/7/61 at
186 of 1960 O.C.
Judgment note dated 8/1/62 in the amount of
$10,000.00 payable to Andrew Balent,executed
by Mellon Bank,Executor Estate of
Shan M.Griffin
- 2 -
$190 08
80 000 00
$80,190 ·08*
SCHEDULE "A"
PRINCIPAL-PERSONALTY
Receipts
Mellon National Bank and Trust Company,Guardian
Estate of Sara R.Griffin,Incompetent:
Cash deposited being share of rent due from
12/14/65 to 12/31/65
Amount transferred from Income-Personalty
Account to pay Administrative expenses
Disbursements
$186 66
3 413 34
$3,600 00
1968 Administrative Expenses
May 31 Estate of Joseph C.Spriggs,Deceased:
Attorney's fee $600 00
31 G.Ashton Brownlee:Attorney's fee 600 00
31 Mellon National Bank and Trust Company:
Compensation as Trustee 2 400 00
$3,600 00
- 3 -
SCHEDULE "B"
INCOME-PERSONALTY
Receipts
1966
Nov.7
1968
Apr.1
1968
May 15
Amount transferred from Income-Realty
Account for distribution
Disbursements
Administrative Expenses
Internal Revenue'SerVice:
IncOme tax on income for year ending 9/30/66
Andrew Ba1ent:
Payments of interest on $20,000.Judgment
Notes dated 8/15/60,8/3/61 and 8/1/62
during period 12/14/65 to 4/1/68
Distribution
J.Shannon Griffin:
Payments of $100.00 per month during
period January 1966 through May 14,1968
Amount transferred to Principal-Personalty
Account to pay Administrative expenses
- 4 -
I.
$93 25
2 753 33
$9,350 00
$2,846 58
2.900 00
$5,746 58
3 413 34
.$9,159 92
SCHEDULE "c"
PRINCIPAL-REALTY
Receipts
Mellon National Bank and Trust Company,Guardian
Estate of Sara R.Griffin,Incompetent:
Remainder Interest in property situate
28-32 North Main Street,Washington,Pa.
- 5 -
$80,000 00
1964
May 31
SCHEDULE "0"
I NCOME-REALTY
Receipts
Rents
Real Estate situate
28-32 North Main Street,Washington,Pat
Rent received during period
1/1/66 through second quarter 1968
Disbursements
Administrative Expenses
Mellon National Bank and Trust Company:
Compensation as Trustee
Amount transferred to Income-Personalty
Account for distribution
,-6 -
$10,000 00
$650 00
9 350 00
$10,000 00
'..'..
.'
COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF WASHINGTON )
ARLIE W.OTT,Trust Officer of the MELLON
NATIONAL BANK AND TRUST.COMPANY,the above named Accountant,being duly
sworn according to law deposes and says that the disbursements shown in
the account have been made to the parties entitled thereto;,and that the
account as stated is true and correct as he verily believes.
~..I,I~i tu·._
·~Office~
Sworn to and subscribed
before me this/~.~day
Of_---4Jyp4-«Y1o:a::wb-::::=_._.,..,A.D•1968
REQUEST FOR DISTRIBUTION
Accountant requests that distribution be determined
by the Court in accordance with the Petition for Distribution to be offered
in evidence at the audit of this account.
Mellon National Bank and Trust Company,
'f
,~
~s[~r...!
'=''!;
!::.!'·v ,~"~f>...,"'I'~~'I~.,f '
4 --.,,;p ~,!ri~~Q.
3 ;0;::::t::::....e
:::!i::t e~:::s--~~;~
J
t'(I~/:'oI:lIi I~I
6'-.§IQ.I~~I~(f",,~I -~'">I
t.,(01
'-
)
·7:.~?·
~:~(.
\
,:1;_:."
.:
...;~~
'f
-.
FIRST AND FINAL ACCOUNT OF
BALANCE DUE -$80,190 .08 .
IN THE ORPHANS'COURT OF WASHINGTON
TRUSTEE UNDER WILL
",J
COUNTY,PENNSYLVANIA
NO.FcJ ~7/7~r
MELLON NATIONAL BANK AND TRUST COMPANY
ESTATE OF
SHAN M.GRIFFIN,DECEASED
IN TRUST FOR
J.SHANNON GRIFFIN
'*_"'f1.~D I1.1wf[)puv .4."181.PilliJl~!f0,··,::::"-:-."7,:-;:~-::;--:::----~'~~::;;1i7ij7::~ttf,,-g?-~i ..y.---'V'U IJ (l'.
\;(<::::.'Ho.1tdibi.4dU(J(/1_'
Jilll!fJNj(j).11<..'r1t~..··.~~......1.·.;".:'fOm.'JI,-.{~I.U+'.jtii tJ.ij.11'AiU
h '!5.''''''''1'''''.~Q:~r"..·~·tJtft OJ '.J1»lU·W (-
F r7-?r'1 -.. "\(1/'5;'''<:::"....
ee -;~A1 ~-...-:!:'{::h>t ~",.'"0 .tF~1ed -'1;;"'-___________.::;..,.,:;.:J~.::,,~r--
f:f{~Cr;O ~n·,'!;
-c:::/
'-"~"'0
""'""~JOS~c.SPRIGGS and
G.ASHTON BROWNLEE
Attorneys-at-law
\f"
f"
f~.,
~,
'n'
p,f'r /?
/U/()-/7c2
COURT OF COMMON PLEAS ORPHANS'COURT DIVISION
for the County of Washington,Pennsylvania
IN RE:)
)
Audit of First and Final Account )No.804 of 1968,O.C.
of Mellon National Bank &Trust )
Company,Trustee U/W of )
SHAN M.GRIFFIN )
o R DE R
I
')
~
AND NOW,this "-~--day of May,1969,a hearing in the above entitled
matter is set for Thursday,May 29,1969 at 10:00 o'clock,a.m.,E.D.S.T.
BY THE COURT,
....
'\'
.~
COURT OF COMMON PLEAS ORPHANS'
COURT DIVISION for the County of
Washington,Pennsylvania
No.804 of 1968,O.C •
IN RE:
Audit of First and Final
Account of Mellon National
Bank &Trust Company,Trustee
U/W of SHAN M.GRIFFIN
3:n
F<):0
Z!'1.
l>:3:I I
::I Co::0;u "tl~~I ,.
-<•
Ul n
l>):0-l ::0
r ::0l>0~F=
A'
"tl:::cFr-:;;en
n/
~t/
\
.'
o R D E R
~~en>:t~.......,__
5!:!?<=,.......('J):"')~~.,,=/\.')::=0...rTj M -c:
~-""-,.,..',..}<.-.~.1 4 ---.::0:;c.t·.......
<::")'n ......
o ~S":".;.,_;::l .:::r
".,r---~r-;;::::,V')Q ~
-"........r--
("71.'-
bt-~
t:::::)
<::;)
ATTORNEYS AT LAW
McILVAINE,MURPHY,CARROL~'&iLlPS
\
L'I·~-
33 ·w.BEAU STREET
WASHINGTON,PA.
)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS l COURT DNISION
INRE:AUDIT OF
FffiST AND FINAL ACCOUNT OF
MELLON NATIONAL BANK &
TRUST COIVIPANY,TRUSTEE
UNDER WILL OF SHAN M.
GRIFFIN,DECEASED.
(
)
(
)
(
)
No.804 of 1968
ADJUDICATION
Marino,J.September 18,1970.
Shan M.Griffin died June 11,1962.His will,executed
November 7,1956,named the Mellon National Bank &Trust Company,
executor and trustee of his estate.As executor the Bank filed its first and
final account,which was audited by this court,and a decree of distribution
was entered on January 30,1964,wherein the property of the decedent was
distributed to the Bank as trustee for decedentls grand-nephew,J.Shannon
Griffin,Jr.,until he arrived at age 25 years.No exceptions were taken to
the final decree.
J.Shannon Griffin,Jr.,became 25 years of age May 31,1968
and the Bank filed its.Trustee accounting under the will of Shan M.Griffin...-,
Objections to said account are now before the court.They were filed by the
grand-nephew at the c~ll of the audit 9Y the court.In order to properly
understand and evaluate the true meaning of these objections,a brief history
of the matters involved is in order.
Decedent was the owner of property known as Nos.28,30 and 3 '
North Main Street in the City of Washington,including a substantial commerc1ial
building which had been leased to Andrew Balent and Margaret Balent,his
wife,since 1947.On October 25,1956 a more comprehensive and complete
agreement was entered into by the same par,ties.It is the construction and
effect of last said agreement that is in dispute.Although executed in 1956,
the said Memorandum of Agre8ment,which contained both a Lease Option
Agreement and a Purchase Option Agreement,did not become effective until
after the death of Shan M.Griffin,the decedent.The lessee was to elect to
lease the premises,on the terms set forth,by notifying decedent IS executor
within 30 days after death.The lease was for a 25 year period and the
purchase option could be exercised at any time before the expiration of the lea e.
The 1956 Memorandum of Agreement recited that the parties had
at all times ,had agreem'ents sinc'e the year 1947 but that'"•..said agreement
...'.,,.'l"
having been so often amended that they are at the present time confusing,it
has been decided by the respective-parties hereto that the present new agree-
ment shall be entered.into ..'"..Il However,no mention is made of the
abrogation of old agreements and we assume that they continued,since the
new agreement did not become effective until the death of Shan M.Griffin,
which occurred six years later.
In 1960 two events of great importance in this case took place.
The first was the granting of a Power of Attorney by decedent to his tenant,
Andrew Balent,to deal with the adjoining land owner concerning an easement
between the two properties.He was empowered to treat of this easement in
any manner he saw fit.The instrument was dated February 10,1960 and
placed of record.The easement had existed since 1827 and permitted the
owner of the Shan M.Griffin property the right of passage over a strip of land
11.25 feet wide and about 233 in depth,from Main Street to Shaffer Avenue in
the rear.Since decedent owned a dominant easement over this narrow strip
-2-
"\
,.
of land,no structure had ever been erected thereon by the owner of the fee.
Balent,exercising the Power,entered into an agreement extinguishing the
easement without any money consideration.Immediately Jhereafter the
adjoining owners conveyed title to this strip of land to Balent for t he price of
$11,300.Of course,the easements having been extinguished,Balent
purchased the fee in this land.Obj ector urges that this was highly irregular
and claims damages.We shall treat this matter at length later in this OPinioi'
The second event of note during 1960 was the adjudication of the I
incompetency of Shan M.Griffin on June 16,1960.It is now the contention 0
obj ector that
(a)Shan M.Griffin was incompetent on October 25,1956,the
date of the execution of the original Memorandum Agreement.As a
consequence,the Agreement must be voided.
(b)Andrew Balent exceeded his authority under the Power of
Attorney from Shan M.Griffin when he,Andrew Balent,released and
extinguished the dominant easement owned by Shan M.Griffin,without
consideration passing.Hence,the extinguishment agreement must be voided.
(c)In the alternative,Balent should be ordered to pay the Shan
M.Griffin Estate one-half of the value of said easement,to -wit,1/2 of
$19,210.00 with legal interest from 1960 to the present.
(d)That the Memorandum Agreement of October 25,1956 is
testam~ntaryin character;hence,IT if is c(~mfirmed by the court,Balent
should be required·-to ,pay a portion of the inheritance tax due the State since
,•j
he received the benefit of a reduced rental after the death of Shan M.Griffin.
We consider._first the alleged incompetency of Shan M.Griffin on,,
October 25,1956.Although it is settled law that an adjudicated incompetency
~.'..
-3-
cannot be determined to have been established ~rior to the specific date of th
jhearingheldthereon,and cannot be retrospectlVe (Myers Estate,395 Pa.
459;1959),it is entirely possible that one or more matters specifically refer ed
to may be attacked for various reasons,even though pre-dating the incompet ncy
decree.But it cannot be done on the theory of general incompetency,as that
would have the effect of declaring one incompetent prior to the date of his
Court hearing in the matter.The only valid attack is that pursued by reason
of some essential element lacking in the completion of the specific matter,
such as fraud or failure of consideration or lack of mental capacity,etc.
However,the testimony adduced by this objector reiates to general incompet]ncy •
The medical witness testified that Shan M.Griffin was incompetent for at
least a year prior to 1960 and that Mrs.Griffin wa,s,incompetent for five yea,
before 1960.The lay testimony came from two women employed in the Griffin
home to help care for 'them and assist in the housework.One testified as to
her ,impressions gained from contact in said capacity from December,1958
to July,1962;the other of her observations from September,1959 to
September 1960.It is evident that all of said testimony,both lay and expert,
is general in nature and does not purport to pinpoint the mental condition of
either Mr.Griffin or his wife on any specific date or particular occurrence.
In Elliott v.Clawson,416 Pa.35,36 (l964),the Supreme Court
stated:"It has long been the law of Pennsylvania that the evidence required to
set aside a transaction on the basis of mental incompetency must be 'clear,
precise and convincing'.There are numerous cases in which this standard is
set out.Myers Estate,395 Pa.459 (l959).II
It has often been said that a person's mental capacity is best
determined by his spoken words,his acts and conduct at the time in question.
Where mental capacity is at issue,the vital question is the condition of the
-4-
person at the very time he executed the challenged instrument,although evidenae
Iofcapacityorincapacityforareasonabletimebeforeandaftertheexecution0]
the instrument is admissible as indicative of capacity or incapacity on the
particular day:Williams.v.McCarroil,374 Pa.281,293 (l953).
The crucial time at which the Griffin's mental competency must
be determined is on October 25,1956,the date of execution of the Memorandum.
of Agreement.The lay testimony came from two women who were originally
employed in 1958 and 1959 respectively;obviously the time is too far removed.
The medical testimony was to the effect that Shan M.Griffin was incompetent
for a year before the court _ailjudication,or 1959,and Mrs.Griffin for five
years prior thereto,or 1955.But even the medical testimony going back to
the year 1955 made no pretense of determining mental incapacity,or how Mrs.
Griffin spoke and acted on the critical day when the agreement was executed;
nor at any time near that date,before or after.As previously stated,the
testimony concerned general incompetency of the individual.Had there been a
court adjudication of incompetency at a prior time,the condition would be
presumed to continue and one who contends that the person was not so
incapacitated would have to show that a state of remission had intervened;
this would have to be proven by evidence clear and convincing:Girsh Trust,
410 Pa.455 (1963).But no prior adjudication of incompetency existed for
either Shan M.Griffin or his Wife;consequently one who challenges the menta]
competency of these persons on or about October 25,1956 must produce
testimony clear and convincing of such a state at that time,specifically.This
has not been done,or even attempted by objector.Hence,we must hold that
both were entirely competent at the time of the execution of the Memorandum of
Agreement.
-5-
We consider now whether Andrew Balent exceeded his authority,
as charged,under the Power of Attorney;he released and extinguished the
dominant easement owned by Shan M.Griffin,without receiving any consideratiion
whatever.The language of the Power,in its broadest interpretation,could
not conceivably be stretched that far.A general power of attorney authorizing
an agent to sell and convey property does not permit him to make a gift of the
property:BaldwIn·v.Loesel,333 Pa.26,30 (1939).But we do not agree wit,
objector that this fact should void the said Release and Agreement.At best,
it would entitle the owner of the easement (or his estate)to adequate
compensation or damages if he has suffered any.Objector,by .testimon.y of
his expert witness,fixed ~he value of the easement in 1960 at the sum of
$19,210.We will consider this facet of the transaction in connection with the
Option Agreement for purchase,and its enforcement.
It will be remembered that Balent had the option to purchase this
valuable business property at any time during the period of the 25 year lease.
Although the term of the lease itself could not begin until after Shan M.Griffin1s
death,the property leased by Balent from 1947 to the time of execution of the
agreement was the identical property described in the lease.At no time was
any mention made in the various leases of the dominant easement owned by
Griffin in connection with this property.However,much oral discussion about
it must have transpir.ed as tq.e recorded Power of Attorney recites,inter alia,
that the adjoining owners
If •••are in the process and desirous of selling and conveying
the strip of land generally described in the above mentioned Will as 'the
passage'to Andrew Balent and Margaret M.Balent,his wife,and each of the
parties above named are desirous of mutually extinguishing the above describe
ancient easements;and
-6-
IIWhereas,J.Shannon Griffin is desirous of extinguishing foreveIi
any and all right,title and interest in the easement above recited,to which
he is the dominant owner,in consideration of a similar extinguishment of the
easement to which his property and the passage is servient,to the end that,
inter alia,the 'passage'property may be conveyed free and clear of the above
enumerated easement encumbrance,to Andrew Balent and Margaret M.Balent,
his wife.II
It is clear that Shan M.Griffin (J.Shannon Griffin)and his wife
were trying to aid Balent:in every way that they could to acquire a fee simple
title to the strip of land known as "the passagell between the two properties..,
Why this was so,we do not know.We can surmise that Balent would qot be
ready to exercise his purchase option of the Griffin property for quite some
time (depending entirely on the state of health of Shan M.Griffin)and feared
that circumstances in the future might adversely affect .his chances of getting
the fee at a reasonable price.
Of course,Griffin,after having executed the Option Agreement,
could not independently dispose of the easement.Although no reference what-
ever is made concerning the easement in the said agreement,it is settled law
,that it would pass to the grantee when a conveyance of the property took place,
regardless of the instrument's silence on the subject.
Easements partake of the general characteristics of incorporeal
hereditaments;they may be held for life,for years,or in fee.We distingUiSj
between easements in gross and easements appurtenant.An easement in gross
is personal to one,and is unassignable (Lindenmuth v.Safe Harbor Water
Power Corp.,309 Pa.58;1932)unless it is made assignable by the instrume t
creating it (Miller v.Lutheran Conference,331 Pa.241;1938).An easement
appurtenant is both assignable and divisible;the dominant tenement may be
-7 -
I .'
divided and transferred,and the owner of any part of the dominant tenement
may claim the easement so far as it is applicable to his part of the property,
provided only that the easement may be enjoyed as to the separate parcels
without any additional burden being placed upon the servient tenement:Babcoclk
Lumber Co.v:Faust,156 Pa.Superior Ct.19 (1944).
An easement will never be presumed to be a mere personal right
(in gross)when it can fairly be construed to be appurtenant to some other
estate.Whether it be considered in gross or appurtenant must be determined
by the fair interpretation of the grant or reservation creating the easement,
aided ii necessary by the situation of the property and the attending circumsta1ces.
It can hardly be disputed that the easement in the instant matter is an easeme 1~
appurtenant and that Oriffin enjoyed an estate in fee therein.
Such easements pass by conveyance of the estates to which they
are appurtenant,and require no deed or writing to support them,as they are
appurtenances of the dominant estate:Predivitch v.Chrobak,186 Pa.Superior
Ct.604 (1958).Hence,when the Griffins optioned their property to Balent in
1956,although no recital of the appurtenant easement was made in the instrument,
it surely was included in the terms of the Purchase Option as certainly as if it
had been minutely described therein:Rusciolelli v.Smith,195 Pa.Superior
Ct.562,569 (1961).
In this context we consider whether the Griffins have suffered an}l"
compensatory loss by the release and extinguishment of the easement by BalenL
..¥-~
"without the payment of any consideration to them.As already stated,the
Griffins could nO,t.convey this easement to any other individual as it was,,'
.appurtenant to the optioned property and they possessed no other property to
which the easemEint,or any part thereof,could be appurtenant.It would seem
that the only conceivable manner in which the Griffins could be adversely
-8-
affected would be as the result of the failure of Balent to exercise the purchas
option.In that event,the Griffin estate would find itself the owner of the Main
Street property,minus the right of passage over this strip of land.
Griffin had reason to believe tbi.s would not happen.Balent would
hardly wish to become the owner (as he did)of an unimproved strip of land
11.25 feet wide on Main Street without the purchase of the adjoining land and
building which he had the exclusive option to buy.We note that Balent has
indicated his intention to exercise the purchase option and the details of the
mortgage particulars are the only impediment to its effectuation.We are not
persuaded that the Griffins have suff~red any compensatory loss by reason of
the extinguishment of the said easement under the attending circumstances,an
this obj ection is dismissed.
We have lastly to consider the proposition that the Memorandum
Agreement of October 25,1956 is testamentary in character in that Balent
received the benefit of a reduction in his rental payments after the death of
Shan M.Griffin.It is contended that Balent should therefore be required to p~y
a portion of the transfer inheritance tax due the State by reason of the death of
Shan M.Griffin.No authority has been cited in support of this contention,
and we discover none.We find no provision in the Inheritance and Estate Tax
Act of 1961,June 15,P.L.373,that appears to be applicable to the stated
~-.~
situation.
All objections and exceptions filed by the objector are dismissed.
J.I
-9-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVIS ION
j
IN RE:AUDIT OF
FIRST AND FINAL ACCOUNT OF
MELLON NATIONAL BANK &
TRUS T COMPANY,TRUS TEE
UNDER WILL OF SHAN M.
GRIFFIN,DECEASED.
)
)
)No.804 of 1968
)
)
)
4.
EXCEPTIONS TO ADJUDICATION
1.The Court erred in declaring that competency or
mental capacity on the particular day or days of the execution of
the agreements must be proven as to Shan Griffin and his wife.
2.The Court erred in finding that Ba1ent,although
exceeding his authority under the Power of Attorney,concluded that
no money damages are available and erred in its further conclusion
that the Power of Attorney was not void.
3.The Court erred in concluding that the easement
passed as a matter of law to Ba1ent since the Option Agreement was
void,or voidable by virtue of the mental status and incompetency
of Shan Griffin and his wife.
ITheCourterredinfindingthatnolossofdamagesl
were suffered by Shan Griffin and the Griffin Estate because the
Option Agreement has not yet been exercised,and if it is not,the
Estate will suffer the loss of the easement which was subsequently
conveyed by Ba1ent exceeding his authority under the Power of At-
torney and,thus,compensatory losses were suffered at the time of
the conveyance.
5.The Court erred in not assessing damages against
Ba1ent or declaring the Power of Attorney and the conveyance void,
since although the easement may be appurtenant at the time of
the conveyance,the Option had not been exercised (and still has
not been exercised)and separate dealing by the Attorney in Fact
breaches a fiduciary duty.
6.The Court erred in not finding that a fiduciary
relationship existed between Balent and the Griffin's and that
Ballent exceeded his authority and breached his fiduciary duties.
The above exceptions are filed not for the purpose of
delay,but because there is a real controversy existing.
Respectfully submitted,
McIlvaine and Carroll
/I
EXCEPTIONS TO ADJUD lCA TION
ATTORNEYS AT LAW"il -,-'/I
33 W.BEAU STREQ:T/~1 I I .~J
WASHINGTON,P7:.;._."~,()'/-04
~'J
IN RE:AUDIT OF FIRST AND
FINAL ACCOUNT OF
ME LLON NA T IONAL BANK
&TRUST COMPANY,
UNDER WILL~OF
SHAN M.GRIFFIN,
DECEASED.
•t,jd ..0 0 N()1 ::'NlI·j SVIt'.
STII.',1 :1 C'UJJ.S1D3Uoit:\'h -;i.l S S ntJ
rn i'l!Inl (J l'lll.f.l.l.MciLVAINE,MURPHY,'CARROLLuac P-HIlLLrP.b,
a~~
I ./t:r.~1°
I ()...u
~N THE COURT OF COMMON PLEAS
bF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVIS ION
l\Tn A ()L.n-F 1 at;.0
r "~(?~\').ffi.'
==n~>Z!"1
,.==~ii fo"tI:u ::I:z -<111 •~~0,.>
-f :::0
r :::0,.0
=:I=
A»
"tI::I:r=r-:;;
til
,"
IN THE COURT OF CO:MMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNISION
)
IN RE:AUDIT OF
FffiST AND FINAL ACCOUNT OF
MELLON NATIONAL BANK &
TRUST COMPANY,TRUSTEE
UNDER WILL OF
SHAN M.GRIFFIN,DECEASED.
(
)
(
)
(
)
No.804 of 1968
OPINION
Marino,J.April 14,1971.
We feel that the exceptions to the Adjudication do not raise any
new issues.'.Counsel contends that the court's treatment of the incompetency
l ".",."I
question would in effect require one to prove incompetency as of a particular
ho~r or~IY!-inute.We did not so hold.
We pointed out that the crucial time at which the mental
competency or incompetency of Shan M.Griffin and his wife must be
determined is on October 25,1956,the date of execution of the questioned
Memorandum of Agreement.But the testimony and proof need not be confined'
to a particular day;we clearly stated that it could relate to some time
reasonably near that date,either before or after.The lay testimony adduced
by petitioner came from two women employed by the Griffins in 1958 and 1959
respectively,which is more than two years after the critical time.It is too
far removed.
As to the medical testimony,it came from a general practitioner
who had formerly testified at the incompetency hearing.His testimony was
very brief and unconvincing.He did not persuade the court that both husband,
and wife had been mentally incompetent for several years prior to the
adjudication.There was no attempt to show the conduct of these indiViduals,
~I i.
how they acted a,nd spoke on the crucial day of the execution of the instrument,
nor'at any time reasonabty near that date,before or after.
As sated in GirshTrust,410 Pa.455,470 (1963),II
'appeli'ant"s .previous and subsequent mental incompetAncy was of such recent.'
,cynd serious nature and apparent permanence as to impose upon appellees the
burden of proving that,on the date the trust agreement was executed,
appellant possessed mental competency.rr ~emphasis in original)
W,e have no proof of serious mental incompetency in the Griffins
as in Girsh,where,the court also said (p.470),ll •••very shortly before
the date upon which this trust agreement was executed,appellant suffered fro
the 'most serious form of mental illness known to psychiatry',an illness
which had existed for upwards of two years.It
As already stated,we have no testimony of recent,serious
mental illness with respect to the crucial date of October 25,1956.This
exception must be dismissed.
Similarly,the remaining exceptions are all without merit and
are dismissed.The adjudication is confirmed absolutely.
'"",
-2-
)
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
Audit of First &Final Account)No.804 of 1968,O.C.
of Mellon National Bank and )
Trust Company,Trustee U/W of )
SHAN M.GRIFFIN )
STATEMENT OF THE CLAIM OF J.SHANNON GRIFFIN,JR.
TO THE HONORABLE p.V.MARINO,PRESIDENT JUDGE OF SAID COURT:
1.On October 25,1956,Shan M.Griffin and Sarah R.GriffiJ,
his wife,entered into an agreement with Andrew Balent and Mar-
garet Ba1ent,his wife,covering-property fronting 40 feet on
North Main Street,Washington,Pa.,and extending back to what
was formerly Diamond Alley.According .to records of Mellon
National Bank and Trust Company,Andrew Balent paid $630.00 per
month to Shan M.Griffin,or $7,560.00 per year,under said agree
mente
Under the same agreement Andrew Ba1ent,after the death of
the Griffins,.was to pay J.Shannon Griffin,Jr.,only $400.00
per month,qr a total of $4,800.00 per year.This,he has been
doing since the death of Sarah R.Griffin.
Hence,it is contended that any inheritance tax should be
shared by J.Shannon Griffin,Jr.,and Andrew Balent,in the
following proportions:
J.Shannon Griffin,Jr.
Andrew Balent
40
63
23
63 !
In the event of election by Andrew Balent,et ux.,to pur-
chase the building,the deferred payments to J.Shannon Griffin,
Jr.,were to bear interest at 4~%per annum.On this basis there
.--------..--_~_-_._----------------------~----------.--
was a testamentary benefit to Andrew Ba1ent,et ux.,in the
relationship of 4~%to 6%,·or 1/4 to 3/4.
,
We,therefore,request your Honorable Court to apportion
between Andrew Ba1ent,et ux.,and J.Shannon Griffin,Jr.,the
transfer inheritance found to be due.
2.In addition to the property fronting 40 feet on North
Main Street,Washington,Pa.,Shan M.Griffin owned a dominant
easement on.a parcel of land owned by the Smith Estates,which
property had a frontage on said North Main Street of 11.25 feet,
and extended back to what was formerly Diamond Alley.A minimum
value on this property would be $2,000.00 per front foot,and
the Griffin property adjoining same was so valued for tax purpose .
In February of 1960,Shan M.Griffin was in dire financial
straits.The 11.25 feet covered by the aforesaid easement was of
no actual use to the Smith Estates nor to Shan M.Griffin,and,
in the words of the instrument extinguishing the easement,"* *
the need or reason for the existence of -(a)"the easement over
the passage'to accomplish 'access'into the 'yard',in favor of
the property owned by J.Shannon Griffin,party of the second
part,or***has long expired,* **."In order to make the
property useful,the two parties had to come to an agreement as
to terms.In late January,1960,after some negotiations,the
parties involved in the Smith Estates agreed to sell their int-
erest in the property for one-half of the valuation according to
the assessment.On February 10,1960,a Power of Attorney was
executed by J.Shannon Griffin (a/k/a Shan M.Griffin)and wife,
to Andrew Ba1ent,giving him the right to deal with the Smith
Estates and to purchase the property in his own name and to
extinguish the easement.This Power of Attorney was recorded
- 2 -
February 16,1960.The pertinent paragraph of the Power of
Attorney is as follows:
"***for me and in my name,place and stead,
to bargain,sell and extinguish any and all
easements created in favor of my property,* * *
at his own discretion as to time,manner,place
and terms;and to make,execute,acknowledge and
deliver to the owners of the property adjoining
my North Main Street property on the South,good
and sufficient agreements and/or deed or deeds in
fee simple,or for less estate,* **"
On February 18,1960,.an agreement V?as made between Smith
Estates and J.Shannon Griffin,et \IX.,by their Attorney-in-Fact,
Andrew Balent,to extinguish the abovementioned easement,and on
February 19,1960,a Deed.was executed by Mellon National Bank and
Trust Company,Surviving Trustee under the Will of William Melt.
Smith,deceased (one of the grantors),to Andrew Balent and
Margaret M.Balent,his wife,conveying the property (11.25 feet
on North Main Street).During April,1960,the Executors of the
u.Grant-Smith Estate executed the said Deed,and same was
recorded on May 19,1960.
Two (2)days after the recording of said Deed,Emma Elizabet
Geisel signed a joinder and acknowledged receipt of a copy of a
petition to have Shan M.Griffin declared incompetent,and a
Guardian appointed.
Seven (7)days after the recording of said Deed,Helen Todd,
niece of Mrs.Griffin,signed the aforesaid petition,and acknow-
ledged same.This petition was filed with the Court on June 1,
1960,and Mellon National Bank and Trust Company was appointed
Guardian on June 16,1960.
The extinguishment of the easement was not recorded until
September 11,1968,the day before the Audit of the First &Final
Account of Mellon National Bank and Trust Company,Trustee U/W
of Shan M.Griffin.
- 3 -
,,
At the time of the appointment of Mellon National Bank and
Trust Company as such Guardian,there came into the Guardian's
hands the sum of $122.93 in cash.It is our contention that
Andrew Ba1ent never paid Shan M.Griffin for the extinguishment
of the easement,and that the same was worth more than the fee,
inasmuch as the Griffins had not been required to pay the taxes
thereon.
We,therefore,claim at least $11,300.00,with interest from
the date of the closing of the aforesaid real estate transaction,
which we have assumed to be May 19,1960.
Respectfully submitted,
//A "=)--/j'i /7(_~~e0~~~A-
Alexander McIlvaine,
Attorney for J.SHANNON GRIFFIN,JR.
- 4 -
"
,.
ATTOR"!EY AT LAW
33 WEST BEAU STREET
WASHINGTON,PEN NSYLYAN IA
225-9930
November 26,1968
The Honorable P.V.Marino,
President Judge of the Orphans'Court
of Washington County,
Court House
Washington,Pennsylvania 15301
Dear Judge Marino:IN RE:Audit of First &Final
Account of Mellon National
Bank and Trust Company,
')Tru~~~e8~{Wo~fl~~~:C~RIFFIN
II
J'
/
On the day of the audit 'in the above matter I did not
file a concise statement of the claim of J.Shannon Griffin,
Jr.
Since that time I have not been able to get in touch with
Harold V.Fergus,Jr.,Esq.,to schedule a hearing with the
Court,as suggested by the Court,and I am,therefore,filing
the enclosed statement of the claim of said J.Shannon Griffin,
Jr.,with you,and would ask the Court to schedule a hearing
at its convenience.
AM/m1
Ene.
cc-Mellon Nat'l Bank &Trust Co.
G.Ashton Brownlee,Esq.
Harold V.Fergus,Jr.,Esq.
IN THE ORPHANS'COURT OF
WASHINGTON COUNTY,PA.
No.804 of 1968,o.C.
;_'!\'"(i
<c,I •~k •.-.•.-,<~
""j(m,R \S t~n \\40
1
I
~
I
1-
'.
,
,l•
IN RE:
Audit of First &Final
Account of Mellon Nationa
Bank and Trust Company,
Trustee ujw of SHAN M.
GRIFFIN
STATEMENT OF THE CLAIM OF
J.SHANNON GRIFFIN,JR.
.ALEXANDER McILVAINE
ATTORNEY AT LAW
33 WEST BEAU STREET
WAS HINGTON,PENNSYLVAN IA
HUS~i EL 1,_;'.~,;\'.':<,0
HEGIS1EH Of \iJlLlS
X!t\SHINGTON CO .•PA.
...
.....-------------------------------------------------------
)
3Ju tl1p ~rp~an!i·Qlourt of .a!i~iugtnu QJ:nuuty
In the matter of the Audit of Account in
Estate or..f _--.:S=..h:..::.;:.a:::n:...-M--=.e--:G:..:r=--.:..l·=.f.;::f-=i.:.,:n:.::..!..,~/
TO THE AUDITING JUDGE:
No.80L~,---,-!>ou.f ,19-.-6..a,J!XS{
Enter__--:::;m:.<y'---appearance for·__--~t:!.!h~.s;e~a~C..!,C!.!O~U~n~t.!.!a~n!...!tL-------------
12th day of.__-=S:..;e=--'p!O:...t-=-=-em=b....::e:..::r~,L-__,19_6_8 e
N.B.--Counsel ·shall,by separate paper,present a concise statement of each
claim,with supporting calculation of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
,;:"!;n
I I .c.I L_..r.....J_~j
No.804,of ,19_.68 ,~
In re Audit of Account in Estate of
~72 ~I M!I5 AI'!II If 1 Shan M.Griffin,
RUSSE:U_f'L".n!N0
REGIS,TEH OF WILLS
WASHiNGTON CO.,PA.
deceased _
AUDIT
'rarripr fur ,Appraranrr
FOR
G.Ashton Brownlee,
Attorney._.===~======,~~!JJ:2
lJn tqt l@rpl1ana f (tlnurt nf lIaal1ingtnn QInunty
/
In the matter of the Audit of Account in
Estate of SHAN M.GRIFFIN,
Trust for J.SHANNON GRIFFIN
TO THE AUDITING JUDGE:
No.804
O.C.of 68___-=-=--,19__,Jix.K
Enter mLy ,appearance for J_._S_HA_NN_O_N_G_R_I_F_F_IN_,_B_e_o_e_f_i_c_i_a_r_y__
12 th day of__---=S-=e:...o.p-=t=-.:e:...::.m=b'-e'-r'--__"19_6_8_
N.B.-Counsel shall,by separate paper,present a concise statement of each
claim,with supporting calculation of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
r~'···1'1 :1"'''if"i\tJ~if ;l :1--ff '~Jll.....i·"d:l.~'L.:;;t::,....,...;,.:;
~7l fMFt r)AfI"fJ U
lb',11'ri"I~'-::~"./",',1"/""'t:'i\P\1t::J'0',5,·t~l.h,.t~..:\.j (':l~hj;:
(CtGUHER OF WILLS!j.~ASHI Ni::,TON'CO ..P'A ..
No.804 ,0 f ,19~,llx~·
In re Audit of Account in Estate of
SHAN M.GRIFFIN.
Trust for J.SHANNON GRIFFIN
AUDIT
'rarripr fnr i\ppraraucr
FOR
J.Shannon Griffin.
Beneficiary
ALEXANDER McILVAINE
Attorney
~2
Form for Guardian or Trustee
Jttitinn ~ur J\u~it
llu w4r (@rp4au.a 9 atourt of lIa.a4iugtou QIounty
Estate of.......S.HA.N...M~....g.R!f..Elliol...P~s.~~.~.~.~......
For J~~§.h~.~~.9.~.•Q:r.ggE..
~life tenant
.804 8FIledatNoof196..
Fiduciary....M.~.nQ.~..N.~~~.2~.!..~.~P.-.~..~.?:~...:!:.!..~~.~..
..C.Qrn.p.any,,J r..r.llJ?J.~~..
>~la~;p~~~:~~~~#..?.~.~QfJ.9..~}A A:..!.\.:.
"
Date of trust -~....Ja.nua;c¥...3'O.,.....1.9..6.4.....................................>
If there have been former accounts
filed in this estate,list:-,.~. .
---.'"None
,>Distribution'to.beneficia,ry,J.Sha.nnon Griffin,upon atta~ning
Reason for filing this'account...??;.Y:~.?:!.~.!..!..M~y..:.~.~..~~.?..~.~..~~~~~.:.~.~.~~~:.~.:.~~.~~..~:.~.~.~~.~~~~.~..?..
All 'Persons having any interest,vested or contingent (including claimants),in the fund now before the Court,
with the nature of their interests are:.
.'-','
J.Shannon Griffin
Andrew Balent
Sole beneficiary
Creditor
.Entire Fund -.
Three Judgment Notes
aggregating $2,0,000.00
-->
All of said parties have received notice as required by the Court Rules except as follows:
->.
The fund now before the Court is subject to the following taxes:..',_
Pennsylvania inheritance tax at 15 per cent on remainderman i~t~~:~~
Set forth any legal problems requiring adjudication by the Court or difficulties that must be met in distribution:
Alexander McIlvaine,Esquire,Attorriey for J.Shannon Griffin,has requested
your petitioner to raise before the Court the question of whether or not an ease-
ment appurtenant to the real estate included in this Audit has been validly ex-
tinguished.
~"-
/
Balance for distribution per account,
Additional debits not shown in account:
(Indicate whether income or principal)
See Schedule "A"attached
Principal
Income
Principal-Realty
$::'.0..::..
$~.?.Q.~..9.§..
80,000.00
Total additional debits
Additional credits not shown in account:
(Indicate wJ;lether income or principal)
See Schedule "Au attached
Tot~l additional credits
$~..~..~..?.~~..~.~.
$~t..~}.~.:..9..Q ..
Balance for distribution Principal
IncomePrincipal-Realty*Total
$:.~.:..
506.08$.
80,000.00
$8.0."..5.Q.6 Q.8 .
I
If the balance for distribution is not in cash,list items held in kind with carrying value designated,and if this is
a distribution account,file elections to take in kind for all items so listed:
,
*Real estate located at 28-32 North Main Street,Washington,Pa.
Income cash
*Subject to payment of the following notes:l.'
Judgment ~ote dated 8/15/60,in the -amount of .$5,000.00 payable,
to Andrew Ba1ent,executed by Mellon Bank,Guardian Estate'of T ,
Shan M.Griffin per Court Order dated 8/7/61 at 186 of 1960 o.C.
Judgment note dated 8/3/61 in the amount of $5,000.00 payable to
.Andrew Ba1ent,executed by Mellon Bank,Guardian Estate of Shan
M.Griffin per Court Order dated 8/7/61 at 186 of 1960 o.C.
Judgment note dated 8/1/62 in the amount of $10,000.00 payable to
Andrew Ba1ent,executed by Mellon Bank,Executor Estate of Shan~l
M.Griffin
-,
$80,000.00
506.08
$5,000.00
5,000.00
10,000.00
I
6 •'"•,._•"~._.~._~..._j
,.
Account No.202-215
•i
ESTATE OF SHAN M.GRIFFIN,DECEASED,
IN TRUST FOR J.SHANNON GRIFFIN
Receipts and Disbursements since filing Petition for
Distribution through January 21,1972
Balance per Petition:
PRINCIPAL --PERSONALTY
Add:
00.00
Purchase $4,000 GMAC Demand Note
at $100.
Cash expended
Purchase $2,000 CIT Financial Corporation
Demand Note at $100.
Cash expended
4,000.00
4,000.00
2,000.00
2,000.00
00.00
00.00
Amount transferred from Income-Personalty for
temporary investment
INCOME --PERSONALTY
Add:
General Motors Acceptance Corporation,Demand
Notes,Interest collected during the period
February 12,1970,through January 14,1972
CIT Financial Corporation,Demand Notes
Interest collected during the period
M,circh 26,1971,through January 13,1972
Amount transferred from Income-Realty for distribution
Less:
506.08
475.52
83.30
13,090.00
14,154.90
6,000.00
6,000.00
Internal Revenue Service:
Tax on income for period
October 1,1968 to September 30,1969
T ax on income for period
October 1,1969 to September 30,1970
Tax on income for period
October 1,1970 to September 30,1971
Andrew Balent,Payment of interest on
$20,000 Judgment Notes dated August 15,
1960,August 3,1961,and August 1,~962,
for period July 1,1968,to January 1,1972
86.90
192.90
191.18
470.98
4,200.00
·.
1971 and 1972 County of Washington
Personal Property taxes
Mellon National Bank and Trust Company,
Accountant's compensation
Amount transferred to Principal-Personalty
for temporary investment
PRINCIPAL --REALTY
INCOME - -REALTY
Add:
Real estate situate 28-32 North Main Street,
Washington,Pa.,Rent received during
period October 1,1968,through first
quarter 1972
Less:
Mellon National Bank and Trust Company,
Compensation as Trustee
Amount transferred to Income-Personalty
for distribution
Balance consists of the following:
PRINCIPAL --PERSONALTY
Temporary investments and deposits:
CIT Financial Corporation,Demand Note
General Motors Acceptance Corporation,
Demand Note
INCOME --PERSONALTY
Cash on hand
PRINCIPAL --REALTY
Real estate situate 28-32 North Main
Street,Washington,Pa.
38.00
27.37
6,000.00
910.00
13,090.00
2,000.00
4,000.00
10,736.35
00.00
14,000.00
14,000.00
6,000.00
3,418.55
80,000.00
89,418.55~:~
3,418.55
80,000.00
00.00
89,418.55
,'
..'
*Subject to paym.ent of the following notes:
Judgm.ent note dated August 15,1960,in the am.ount
of $5,000.00 payable to Andrew Balent,executed by
Mellon Bank,Guardian Estate of Shan M.Griffin,
per Court Order dated August 7,1961,at 186 of 1960,
O.C.
Judgm.ent note dated August 3,1961,in the am.ount of
$5,000.00 payable to Andrew Balent,executed by
Mellon Bank,Guardian Estate of Shan M.Griffin,per
Court Order dated August 7,1961,at 186 of 1960,O.C.
Judgm.ent note dated August 1,1962,in the am.ount of
$10,OOO~00 payable to Andrew Balent,executed by
Mellon Bank,Executor Estate of Shan M.Griffin
,.,
#202-215
"'
ESTATE OF SHAN M.GRIFFIN,DECEASED
IN TRUST FOR J.SHANNON GRIFFIN
Receipts and Disbursements since filing First
and Final Account through August 19,1968
Balance per account:
PRlN CIPAL-PERSONALTY
Add:
Transfer from income to principal for payment of filing fee 19.00
Less:
Register of Wills:Filing First and Final Account 19.00
$-0-
$190.08
935.00
$1,125.08
INCOME~PERSONALTY
Add:
Amount transferred from Income-Realty for distribution-_..:..-~-
Less:
Andrew Ba1ent:Payment of interest on $20,000 Judgment
Notes dated 8/15/60,8/3/61 and 8/1/62 for period
4l1/68 to 7/1/68 $300.00
J.Shannon Griffin:Income payments of
$100 per month for June,July &August 300.00
$600.00
Amount transferred from income to
principal for payment of filing fee 19.00 619.00 506.08
PRlNCIPAL -REALT Y
Add:
Mellon National Bank and Trust Company,Guardian Estate of Sara
R.Griffin,Incompetent:Remainder interest in property situate
28-32 NorthMain Street,Washington,Pa.
-p-
80,000.00
INCOME-REALTY -0-
Add:
Real estate situate 28-32 North Main Street,Washington,
Pa.Rent received for third quarter,1968 1,000.00
Less:
Amount transferred to income-personalty for distribution
$935.00
Mellon National Bank and Trust Company:
Compensation as Trustee 65.00 1,000.00 -0-
$80,506.08
SCHEDULE "A"
.'.
..
Balance consists of the following:
INC OME -PERSONALTY:
Cash on hand
PRINCIPAL -REALT Y:
$506.08
Property situate 28-32 North Main Street,
Washington,Pennsylvania
-2-
80,000.00
$80,506.08
June 10,1965
Ml'..AttdrewW~
191 Leonard AV'$.l1~
W&&hbtgto1'1,Pel'.$&ylvama.
?'<I -~.
s.Shan 'G~m for J.S ..Grima·AecQ\Ult No.ZOZ..Z15 .
Please be ad'ri~~tba.t we have tGQ;."r~"1"Fil'$t .:~-FiJaal Ac~
a$'n~eeb'l\tl11loffteeof the Regt.st~rot"HUsof Wa~hington County.
";:-1'!:'4Ji ?li~¢ount ~s ~i1 assigned No~804 of 19'8 ~···wm he ~"for
,.•an $Q,~~~niJ.t tluring the week l;esitmmi M&~day,September 9.1963.
"m iheO,p~@a~Court ll"~at.Jhe Court Bns~,.Waahb.gtO.r Fe_Byl•
.·~va!!~a.,1':"(.'.1.~,JreaenC o:rrepnlJeated byc&lIDse1 attna.t time.
r""._~.
/
I
j
MELLON NATIONAL BANK AND TRUST COMPANY
Washington Office 40 South Main street
Washington.Pennsylvania 15301
M.r~.J;.ShalUlOD Grilfta
FrOJltSUeet
Ib~owasviUe~P&..ylva~15417
Accouat
".PetUl-,1'68 a_wW caned
'~~~'~"ilday-,September ",'1'68
ftO~"rJt"4~~;~-e,Washington'.Peaa,s,ylvaaia.
audit will be avaUah1e clu.ring
am.e.You may be present
We are '&rYOllJ'information andb.ave also
malled,:A.luandel"Mdlvaine who bas advised
thate.pteaellts,.This accOunt covers a11activity tluough collection of
MConcl 'r 196ir.-t8.Weexpclctto collect an additiODal quanerly rent
payme \111 1 and 'ttbae wW,pay wereston tbe bOJo'rowed moDies to
July 1 all •moathlypaynlents to you•This later accounting will
be pzovi4..aut in a supplemental seh$iule a.t theaudlt..1f you have
an.yqueationa 01'eommeatsregaS'diag the <;ICC~,please let me know\,
We will appnei.more GeibdteiD:fo~onftomyou at an Asoly date regard..
tag your pta.to ~Z'ClJ)g.for payment of the Peansyl,,~iDhe-l'itaae.e tax alUi
it,will alao bene¢eliUJary that we areac1Yi..d ()f yOll1"b:\tentiona regariing die
debt owing .t.U.:&leat ia order 'that we ma1plan iorten.r.Wtatioa foDowiag the
audit without fu..theJ".~Y.
AWO:;f:mk
:En¢l~
eel A1~mteJ'Mellvaine,Esquire
,....,
·June 10.1968
,"
~"",
.
)4:r.Andrew Balent "
2.')1 Leonard Avenu~.
Washington.Pennsylvania
Deal"Mor.Balent:
-..~
Please be advised t~t we M.ve today fU6d.ocr"Flr.t ,and,'Final Account
,.s trustee ~n the office of"the Register ot Wille of Wa.5hlngtonCounty.
T~s account has been assigned No~804 ()!1968 andwUl be called for
audit BOm~H~4u:rlng,t'h~week beginning Monday.September 9.1968.
in the Orphant!'Court n..oom at the <:OUI1 Hoc"e.:Washiagtoll,Penaayl-vania.Y011 may be preatent'01'-.tepri.enteCl by cQlmaelat that time.,
Thisnotlce of'f~ing and fortbeo~gaudit'ili provided tP you a.(I.,.
Cl'eClitol'ot thi.trust estate.We have requeated the beneficiary to ,
'inform \l1J of hi.intention.regarding your intet'est aad 1 ttUatwe wtll,
fort;nulate al?~for eat!sUetion of the,de1;lt pdol'to tho Septe1X1beJ."\
..af".,.auUl...' ..- ",\.-.\
Trust Officer
~.'\~I
"'/"loo."..,.j
"Jt .~~
,.,
"
J.~,~..~.rv'•
..".t'$ro I /'
..
j'
...t;'~...
"
"'..,"'r!',,-~....
~¥i"\(-:-~'".."'........."
..~
\'
.~'.:.~,:..~0~"C,"
'~'•.i..z,~.~41{
fJ.t~:J.'i,";
"
......,.:1'.'...#.,....
./.j
'.,
'~l'..,!~~
i ,•
\',.:,
i;..'.l <##
~,....'~..~'-,
(.4..,,...
-tf'"...t .~•.~
......-..0,
)
•y •
-'
.,-,~
J
.......
,KELLON-NATIONA!,BAN,K'~ND_TRUST,~OMPANY
,'.,'"'t Offl~c'e'',40 South Main s~teetWashlngon.'..
"WaShin,gton.p~nnsylv~nia 15301
.,;~
"
"
".
.":.;r.
.''..~.:..'
,.,
".,",
~..'
r.,
."
,I
'~.
Deal"Mr..Gdam:,'
AcC::OUAt
oWb',Penn-,
1968 aad.wW 'caUed
~~~D.day,.September 9.1968'
~!6Alt1tiii""&)bz e',Wa .bingtou',Permaylvania.
audit wUl be aVailableduriGg
me.You may be pre.ent
MI";.J:.Shannon GrWin --
Fron.t Sueet,
Bl'own.-vtUe..P.nn.yln~,15.17"
QUJI1.ftOr youl'Wonaation aDd have al.o
t!;Ala.ancteI'McUvaine whoha.advised
,that he .•pr.aenta you Tlda'accountcovel'aa1l activity throup collec.tioDof'
$1'1968 ,tl.We expece tocoUect an ~dd1doualquane..ly rent
pa.yme ulyl and a ''ttlme will pay UWtl'e.t on the borrowed monies to
J'I1y1 anntiD:'e tnOQth1y payment_to you.'Tbi.,lahJr ueouatiDg wU1
'bepJ'C)vide out ~asupplemental'.cheWe at theaudltio 11 you have
anyque.tton.oJ'commeatareprdlog the acefu~,p1...e1et me bow~
w.ww..ppreeiatoe $On detuute lnfo..-mationtromyou at an early date regard.,'
tog YO\l1"piau toa1"ran,e for payme~of the:PelUl.ylvan1aiDhel'itanee ~and ;
it will al.o be n.eceaeary that we areaclvi•••of your irltentlollare,ardingthe .
debt owiaa MI'.Balentln order that we may plan for~l'l'DinatiollfoUowi#g the
audit without fUrtberc1elay.
.~,
AWO.:fmk
Encloeure
cc::'A1~1'McDvalne,Eaquf.l'e
\~',.t•
.-
.t ,.•~(,.~~~;a..\-,';
,.1"
--
...
.r-
j.·.-t;t ;j:',J
i
4'';~t""l~.....t ._....'.;,,,''.,
,...
.~...' I,~t/(;..,.-..
"
J.;..
";',
,•t'.~~t.~•
•.,.:
I,
t..:.,.'
~:..'"~
-",.:...
"
~~~;l.:i"._~,
•l It·_.l
*,.1 _<Jl ~n,~:-,".I-t"..'..~":~~'L j.,,'$.
~·~,c·J ".....,..'+-~~'....';
~~.f'l ~
","".~\.'),,.
.~'l-;.'".~To ~;*,J ...;:-':'.;,~~-.'~~U!·t;.;'o.~:>"
.......t ~'~~...'#,,,"'.1,~_;.".t~.~iii.'~........'W ..~.,".:}...,!'O-tl.....
rt ~.".t!-"'~':':':1.·)~
t -....-'...
c
,-,''f!
.";f.!,~~.0-,
."
....t.:"I.
.i....f
•.:j
~t.~v ~J:
j'""....
.....It,:·..HJ·.,,,'•..J"
.,
J:
u·','.
,./.-",;:.
'y
....-"',J""...'....
':......
-"..-..
.\
4,,.
''\..\.""'.
'{,',J
'.~'"-
:.'.1
,.A.LEXAlmER MClr..VAXNE
ATTORNEY AT LAW
33 W!:ST !l!:AU STR!:£T
WAS HINOTON.PENNSYLVANIA
225 -9930
September 6,1968
Mr.Arlie W.Ott,Trust Officer
Mellon National Bank and Trust Company
40 South Main Street
Washington,Pennsylvania 15301'
-''''1
1I
'Dear Mr •Ott:IN RE:Shan Griffin for J.Shannon Griffin
Account No.202-215
.No.804 of 1968 O.C.
,A few days ago I talked to Mr.Partridge,in your ab-
sence,and stated I was concerned about the easement belonging
to the Griffin property,on which Andrew Balent has erected a
building.We do not believe this easement should be extin-
guished until the mortgage is completely paid off.J.Shannon
Griffin would not want to take a mortgage unless that property
is'a1so included in the mortgage.The matter of the easement
is very important,and should be cleared up presently.
I request that in the last paragraph on the first page of
the Petition Sur Audit you make the following statement:
"Alexander McIlvaine,Esq.,Attorney for J.Shannon
Griffin,has requested your petitioner to raise
before the Court the question of whether or not an
easement appurtenant to the real estate included in
this Audit has been validly extinguished."
AM/ml
v~--truly yours,
('~_..!~--In.!}k~
-"'Alexander Me IIva ine
II
cc:G.Ashton Brownlee,Esg.
(J /'"r"-../_~.l'-;1",-t;J I.;~t (L(.IL l I
(I )/--"./...,,;.j,.!.,'\.t,r;,d 'f '' /":"1,;1,".,.)'
---
~-
,.
j •
MELLON NATIONAL BANK AND TRUST COMPANY
WASHINGTON OFFICE 40 SOUTH MAl N STREET
WASHINGTON,PENNSYLVANIA 15301
ARLIEW.OTT
TRUST OFFICER February 1,1972
Mr.John Hana
Court House
Washington,Pennsylvania 15301
Dear Mr.Hana:
S.Griffin for J.S.Griffin
Account No.202-215
You have recently requested that I supply you with an up-dated
accounting to the current balances held in the trust to as sist you
in issuimg a decree of distribution.The enclosed is a schedule
of all receipts and disbursements since the filing of the audit
'petition through January 21,1972.
Copies of this enclosure are being provided to all parties listed
below as those same parties h~ve earlier received copies of the
account and accounting submitted at audit.If we may be of
further assistance,please let us know.
Very truly yours,
/'.~./~ry~st Officer
AWO/dpm
Enclosure
cc:G.Ashton Brownlee,Esquire
Alexander McIlvaine,Esquire (Attorney for J.Shannon Griffin)
Mr.J.Shannon Griffin
r
..
J,.,Set forth accountants suggestion as to manner and form of distribution to be made,awards to be stated in pro-'
portions unless specific amounts or items are designated by instrument under which estate is being distributed:
Accountant respectfully requests your Honorable Court to award real estate
held herein to J.Shannon Griffin,remainderman,under Article 6 and 7 of the
Will of Shan Griffin,Deceased,subject to payment of the Judgment notes held
by Andrew Balent and further to award balance of income to the remainderman.
The Trustee is informed that Messrs.Griffin and Balent have discussed several
possible plans for substitution of indebtedness of Mr.Griffin to Mr.Balent to
replace present debt of trustee to Mr.Balent,unless Mr.Griffin elects to pay
presently.The trustee respectfully requests cancelhtion of all notes signed by
Mellon National Bank and Trust Company as Guardian or Executor upon termina-
tion of this administration'and discharge\of trust~e.~l '-~p.,:.;
Subsequent to t4:~preparation of this Petition Sur Audit which contained the above
suggestion and was signed August 30,1968,Mr.Balent has informed the Trustee
verbally that he wishes ,to exercise his right of option to purchase,suggesting:that
the $20,000 indebtedness presently in his favor be considered as down payment and
that a purchase money morgage be completed for the balance of consideration.This
information was made known to Attorney Alexander McIlvaine who represents the re-
mainderman and upon receipt of same,Attorney McIlvaine notified the Trustee by
letter dated 'September 6,1968,copy enclosed herewith,that the remainderman
would not want to take a mortgage unless adjoining real estate was included since
there is a question of whether or not an easement appurtenant to the real estate in-
cluded in this Audit has been validly extinguished.The statement appearing in the
last paragraph on the first page of this Petition is made in accordance with the request
of Attorney Alexander McIlvaine.This final paragraph and the statement appearing
in the last paragraph on Page 1 have been added to this Petition this 11th day of
September,1968.
COUNTY OF WASHINGTON,
COMMONWEALTH OF PENNSYLVANIA,~SS
And your petitioner will ever pray,etc.
Mellon National Bank and Trust Company,
Trustee u/w of ShanM.Griffin,Dec'd.
.l3.y.:~_.i.d fJz=_._
Trust OfficerThis}.Q!h day of Au.g.us.t 196..8.
Signature,of Offi~er J..~<::.72:;....:z!..4b:'!!....1..~......,/
Title of.Officer N.o.ta.r.y...Euh.li.c .,
...'October 14,1970Officeexpires..;:.
SARA M.VAN KIRK,Notary Public
Wastl;ngl~',\':ash;no'on County,Pa.
My Cor"ml~ion Exp;res
October Ill,1970
The above named Fiduciary or representative thereof,
being duly §.~.Q;r.D.doth depose and say that the
facts set forth in the foregoing petition are true to the
best of...J.t.~knowledge and belief.
......Sw.ar:n to and subscribed before me
!W.~
~.,'rtitinu eur i\ullit
IN THE
.'ORPI-IANS',COURTl_•.,1
;",I
J ~
"11I..Fi f r-r:i:1
;
r il I'I 0I"i l ··1,~I i 1 ",~
--}
OF WASHINGTp~COUI':lTY
FORM USED FOR GUARDIAN~INCOMPETENTS
-OR TRUSTEES
804 8No,of 196 ..
HUSS::LL H/\P,INO
REGISrEf{OF 'N1LLS
\tV ASI1 i f<l G-r 0Ji;J C0q PA*
....
(
)
....
~......,0
..;
v
ESTAT::OF ~.~~~~;..qg..!.fX.!N.!..
.L.D..e..c..e.a.s.e.d ~!..-~.,
FOR.J Shannan Gr.i£fin '".
·..·,..····M_~iif~·t~;:;;;,;:;t ·..·..···
Mellon National'Bank.and Trust~······r·····'································~·······~.
.....
L1 '"'•'>'""I•r<....
,I
......~..~~P~.gy1.:T!".~.~.!~..~......\.,,",,
Counsel for the accountant shall submit herewith the
..j v following,if pertinent:......•c-i..,·1'"l ........:>·'D "
0
"''';;:oJ ~
~)
n .,
.::lJ,'-jC-'
(!')l.q.....
:;)
l
,)
;..
~0
~
'""i
n i?Will or trust instrument-attested."':
2.Inventory.
;:S~Signed elections of items to be 'taken il)kind-
......if distribution account.'
--.:4,~Stipulation or certificate by minor approving
:>'"~ccount..2
-:::5.'~raecipe for those represented.
(")6.'Brief-for any question of hlw raised.~.~-::},
'.1'\o :~:::G.!A.§..h.t..QI!B.:r..Qw:nl.e.'.e ~.
...j'.....Counse~for accountant.
~2
)
'-1
--~~~<
IN THE MATTER OF THE ESTATE OF
Shan M.Griffin,deceased for J.
Shannon Griffin,remainderman
IN THE ORPHANS'COURT IN AND FOR WASI:IINGTON COUNTY.PENNA.
63-68-804NO._
KNOW ALL MEN BY THESE PRESENTS.THAT I--=-,_J_._S_H_A_N_N_O_N_G_RI_F_F_I_N.~,_
Testamentary
00 HEREBY ACKNOWLEDGE TO HAVE RECEIVED FROM MELLON NATIONAL BANK AND TRUST COMPANY__T_r_u_s_t_e_e_-'-,_
I
OF THE ESTATE OF ShaR M.Griffin,deceased for J.Shannon Griffin,
Eighty Thousand and no/lOO-------------------------------80,000.00-----.-----($)DOLLARS
IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS'COURT OF WASHINGTON COUNTY.PENNSYLVANIA MADE
63-68-804ATNO._
WITNESS MY HAND AND SEAL THIS -""""-DAY OF----')1J.-"....:ci'-"7!=:71'-----19---.1£.
W.8282
:Jr::"r...1lll.-c
NO.63 ...68-804
ORPHANS'COURT
ESTATE OF
Shan M.Griffin,deceased
for J.Shannon Griffin,re-
rnainde rrnan
DOCKET~_PAGE._~....,.-_
...~_.....-.....J
:t,.r;;:::v f"',~
(I).:oJ .-
.~:~J~k?
f~".r:-:l ~_!
-j :',RECEIPT~)';""-...
::::::C I '~-i-/1 ~'-g :"':::.FR~.M~
.:-::~~--Ir---.•-0 r--:-.~-:po.(/)c>••"->1
J.SHANNONCQrRIFFINi
I
TO
,
Mellon National Bank and ,Trust
Co.,Testarnentary Trustee
FILED 19__
•"
'·1 ...i-:t
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNA.
ORPHANS'COURT DIVISION
0(
~IN RE:
>..I>-~ESTATE OF
z1&1l\,
i SHAN M.GRIFFIN1of-Cl~Trust for J.SHANNON GRIFFIN.
UI«~
)
)
}
)
)
)
)
).
No.
--..;.,'"
:~:::·1,
......"",---o ~~:>~
-n --
n"'j
0::
j"'.
•
_.".--~.
t-=ua:Iii
Q
..I~u
Q
:l.,
:t~BEFORE:N
!Iia:.1&1f-a:o~APPEARANCES:Ii:
f-a:.
8
..I<
uii:lI.o
TIME:
HEARING ON MATTER OF CLAIM
THE HONORA BLE P.VINCENT MARINO,
President Judge of the said Court.
FRANK C.CARROLL"ESQ.and ALEXANDER
McILVAINE,ESQ."of Washington.Penna.•
representing J.Shannon Griffin,Jr.,Claimant.
HAROLD V.FERGUS,JR.,ESQ.I of Washington,
Penna.,representing Andrew Balent.
Wednesday,January 22,1969,at 10:00 o'clock
·A.M .•EST.
•
-....,
I N D E X
.,
WITNESS -,Direct'Cross Redirect Recross.
"'-~.
,
ARLIE OTT 19,~'.".
ANDREW BALENT 24 .
l «.z SUZANNE WELLS .'43 62I0<.•'>oJ ..>.
III~.AR~IE OTT 63 82
\&Ia.
,i "
0 J.C.McCLEERY 90 95
l-.Cl
Z ,.98 102:J:.III I .0<,.'"
....
~,~.
I
..:DR.J.PAUL PROUDFIT 107 114 115 -
!:!i'.0:I-WILMA :HARDEN 116 126.III "Q•oJ .:
0<GENE P.AMANATI 134 136~lj,.•~"..
0
:l ,:..-...,•-'
:I:141 151 161 163I-"N
iii0:.III'
l-I
0:,0II.
III
0:
I-0::l0U
oJ0<
U
i.:,
l&.
0
re.t
"\.
'.
\
-----~--------------------.,---------------"':'
..
.,.
Claimant's Exhibits:
.;\
EXHIBITS
..
A-
B -
C -
.Indenture dated February 18,1960,between Mellon National Bank It
Trus t Company and J.Shannon Griffin and Sarah R.Griffin,his wi e.
Indenture dated February 19~1960,between Mellon National Bank IL
Trust Company and Andrew Balent and Margaret M.Balent,his wi e.
Power of Attorney.
D -Signature cards and bank statements of "Shan M.Griffin.
E -Signature cards and bank statements of Sarah R.Griffin.
F -Signature card and bank statement for Andrew Balent -Agent for
Shan Griffin.
G -Letter dated July 9~1962~to Mellon National BaIlk and Trust Comr any
,from Andrew Balent and Margaret Balent.
H -Letter dated August 1,1962,to Mellon National Bank and Trust
Company from Joseph ~.Spriggs,Esquire.
iii I -
0:IIII-0:oII.III0:
I-0::JoU
.oJ
~.uii:II.o
Memorandum of Agreement dated October 25,1956,between
Shah M.Griffin and Sarah R.Griffin,'his wife,and Andrew Balent
and Margaret Balent,his wife.
.".,
4
MR.CARROLL:If Your Honor please,'for the record lid like
to enter my apP,earanceat ,this tim~,along with Mr.Alexander
McIlvaine~on behalf of J.Shannon Griffin,Jr.in thIS exception to
.'
the audit as filed •
THE,COURT:
,-
Your appearance is entered.
,Before we start,.'Y~)U~·Honor,on a formal
,If the f=ourtplease,I'd enter my appearanc~
for Mr.Andrew Balent.
hearing,I'd lik'e to make'some objections'~'if r could.
-,-.."'.~
"
,,
First of all,
;-
'_;~llrigh~.
~MR.FERGUS:z,~
~)-
UIZ,Z11/'
,II.THE COURT:z",0'~MR.'F~RGlJS:
x
UI~~
.,
;0 ,,;
protective order is necessary.'It is asking for every record~as fa
•t '...
,,
would ask the Court to read it and I feel that some sort of appropria e
~=.;;..}'.<.
".....
and parti:~ulariy the rider.attached,to,it .is·noth:in.g'but ~fi5;ii~ng
expedition in which he is attempting to harass tli~people'.,And I
.".,',.,";",•__..~..~.-',If
I would submit to the Court ·that this s'ummohs that Mr.Balept got
when t~e audit was:,madE;in September,I attempted to gE;t out of 'Mr.
McIlvaine 'exactly what his 'claim was.And to date,as far as I am
" "'J,J';":;",":d ,.<",'",',"..;'::'
co,ncerned,we have'not'-'':'-I stilldon'fkn?w'~whathe is claiming.•A
I object to'a s,ummons that.Mr.Bal~ntreceiv.edyes.terday.'f3ack
as I ca'il see,'that e~er existed in any,thing.,,
.:u
itl-UI•ii
.J~U
ii:l...
:tl-t-
C\I
iiia:,
11/I-a:011.,1&1a:
I-a:
:l0U
oJ~uii:...0-
'MR.CARROLL:If Your Honor please~my under~tandingis
that at the time of the audit~·Mr.McIlvaine~appearea and raised an.',
obje'ction,and at that hme ~8;s requested to file a,state~ent of
claim,.whichhe's done.,He has mailed a copy of that sta~ement of
~~
"J'
",
5
claim to Mr.Fergus.and that,in a rather short order.sets forth
.-,.....'":l!o ','"'.
our particular aspects'of two .cla.ims which we have in tl).is :estate.
.,_..r_:_t "'$.~t·..I r.4 :,)Il
:,-~In addition,l,take;great .exceptionto tpe fishin
',:.,.''
also,for us to,in any ca~e.bring in everything that apparently ~s
'expedition,since obviously the records are in the hands of the perso
and the presentation of evidence is to subpoena them.which we did.
Your ,Honor.,what I am saying.it would be a
phys'i~al impossibiiity"and I !?elieve I am speaking for Mr.BrownIe
FERGUS:
,who.is adVerse to the claim which we\~a.,v~..~1'he o?IY'rpe,tliod we
have of obtaining any of these records'for the benefit of the:Court
;.-..'";.,•,,;'~'.~~~..~"tr'',.
c(
z~~>-VIZZ
III0:'MR.zo..CIZ
:I:
VI
c(
~
•
specific reques t before we can re'ply..
..asked -for in here.and that we are going to have to have a more
in mind?
•
..:u
0:.IiiQ....~UQ::'THE COURT:
:t~...w
,..
What type of a protective order did you have
don't kf!ow what Mr.•McIlvaine is saying.I a,m taking a,guess that
,You'r Honor,where I maintain that the claim made by Mr.McIlvain
is vagu~.I feel that at this time I ne,ed an'offe'r of proof.in that I,"
vi'rrIII "..MR.rr,~,
IIIrr..rr:loU
..J~
uii:
II.o
FERGUS:
,.'This is where I get into my second point;,
he has two questions.One,-is that an option agreement which was
started in 1947 and was'rewritten in 1956 and 'recorded is testa,men.t ry
in character;and I wQuld,suhmit to the C~urt tha't this is something
that is strictly within the jurisdiction'of the Cou.rt.to determine on
the face of the instrument..
An?'secondly.he s'eems to be questioning an
--------~----------~~---~
6
easement which was extinguished in'1960 which again I feel is a .
matter of record and nothing that requires testimony.
MR.CARROLL:I might point,out to the Court that the extinguis h-
rnent of the easerrient was never a matter of the'record until either
the day before or the night before the audit,September 11,1968.
As far as we are concerned,that easement still existed until that
time.
MR.FERGUS:.I would point out to the Court this is immateri fIol.
There is no requirement that one record something and that the.
,"
parties to the easementkuew bfthe'extinguishmen~,and in fact,the....1,.'..
Mellon National Bank entered into it,who then later was appointed
"
,
guardian for Mr.Griffin.So I can't see t,hat this:,is.~-~~as a matter bf
-t'
fact,I don't think Mr.McIlvaine or Mr.Carroll's 'client have any
st~nding in this question.
.;,
MR.CARROLL:-We didn't have any standing until the man
obtained his interest in the estate.And he didnIt obtain this until
May of last year when he reached the age which he could take under I
the will in accord'with its terms and the question couldn't be raised
before that,at least not by us.
THE COURT:..It is apparent to the Court that we have factua
issues here as well as legal issues and legal constructions of
various writings.The factual issues mus~be resolved by testimon.;I
which may be adduced.And I believe that that is the purpose,of this
I
, .I
hearing that we have here today.So preliminarily at least,we are
7
going to overrule th~objection of counsel arid p=rmit the introduction
~,i
of evidence and testimony with res pect to the factual issues in this
case.
ask for an offer of proof so that I would know what they are trying
.;..•MR:FERGUS:Your Honor,excuse me,but "1 would'still
will entertain an offer from Mr.Carroll.·
recite what we will attempt to prove here:,which.!think .will,in
.effect,give Mr.Fergus the information'whichhe desi"r,es.
Honor,we are "undertaking t~produce for the Court,as you stated,,.....,.
'.......~.'~t •.••+
..•'I..'"-.,;,~,1#~,•
certain factual matter"s and certain material which'we 'consider of
I will ~ry as best I can to
All right,Your Honor•.At this time,Your
I l.believe that you are entitled to that.We
merit for the CourtIS consideration.
"to do.
~u"0:
Iiiii
..I0(
~
Q:J.,
:tI-,.....
0(
z~.
.~THE COURT:
zz...II.
ioI-~MR.CARROLL:
:J:I/)
0(~
vi
0:".~THE COURT:
0:oll.~here now?
I I-0:
:J8 MR.CARROLL:
oJ0(
~THE COURT:
I&.o
,
Mr.C<;l.rroll,do you propose to call a witness
Presently,nO',Your Honor.
How are you going to prove these factual
matters that you are s peaking of?
MR.CARROLL:Most of the factual matters and the legal issue
which will arise by virtue of them can be proven by instruments whic h,
in my opinion,are already filed of record.We have certified
,Gopies from the Recorder's Office which I.believe are most of the
instruments which the .Court should have before it.In addition,ther~
8
is an inco~petency proceeding against a ,Shan and Sarah Griffin
in this Court in the year 1960,June of 1960,I believe,and I would
want that record brought up from the Register of Wills Office to be
•
presented to the Court,to go along with our offer of proof here,
in ordedtoshow the Court what we are attempting to prove and how
that will come in and testify in regards,to the value of the Easement,
relevancy to an incompetency proceeding in front of this'Court in
we are attempting to prove it.We have one witness,Your Honor,
which is the base claim which we have here.
I can see no,I have to object at this point.
~z~~>-IIIZZIIIII,
'i.o~MR.FERGUS:z
xIII~:t
1960.
Your Honor.
MR.FERGUS:
..:u
ii:I-III~MR.CARROLL:
:!u
i5;).,
:I:I-r-aJ
That's .up to me tOl prov.ein the offer of proof,
This,is why I am objecting,Your Honor,in.
iiia:IIIl-ll:oII,
IIIll:
l-ll:
;)ou....
~Uii:...o
saying this claim that wa~filed is ridiculously vague ~The on~y
thing I can see that has any basis is if there was fraud:And I would
maintain tha~nowhere in their claim is fraud mentioned,and now
all of a sudden this morning we are probably going to be shown.>.
that there was fraud or attempting to do so.
MR.CARROLL:We are going to show,Your Honor,a con-
fidential ag~ncy relationship between the decedent and Mr.Balent,
and that Mr.Balent breached this by virtue of the matters which pal e...,
been placed of recordJ',and,by'hisfaili'ng.tq·~omp~y·withtpe law as
""."..~_':/4'"t " •
we know it.And this win include the agreement,the deed,the.'.}'.....
9
the recording,of the easement,the recording of ,the Power of AttornE y.'...",given by Mr.Griffin to Mr.Balent at the time'the ~ower of Attorne,)..
•
was give,h,whIch was.some three,approx\m~telythree,m.9nths befo!e
~J~.~~'I
the declaration··ot the incompetency of Mr.Griffin and his wife.
It is our opinion,and we would urge this on
had no validity and that Mr.Balent knew this or should have known i
the Court,based on'the facts we will produce,that the instrument
Your Honor,this nowhere appears in the
statement of claim that we prepared for today.And I think that I
.
I have no idea what Mr.Carroll is talkir gamcompletelysurprised.
0(
Z0<~
~IIIZ
ZIII
II.MR.FERGUS:
ioI-~Z
:z:III0(~
going to prove a confidential relationship,you prove th,e,confidential
relationship by testimony adduced here in Court.
about.
.,:.uii:fiiii
oJ THE COURT:0(
Uii
:I.,
:I:l-I'-
1'1
There is one thing that is certain,if.you are
You don't prove
it by matters which have been recorded and are of record.'
this is evidence of the confidential relationshi p which existed
I disagree greatly with Your Honor because
and it so states in the Power of Attorney a~given.It seems to me
iiill:IIIl-ll:oII.~MR.CARROLL:
l-ll::IoU
.J
~uii:...o
that once the confidential relationship is shown and we contend there
is a breach of it and we can show this by instruments also,Then
•I
it appears to me that the burden shifts to the opposing party to show
there was no breach.It would be awfully difficult to have Mr.
Griffin come back to testify.'Since .the confidential relationship
r----------.-.-------------------
10
which existed was between Mr..Griffin and Mr.Balent,the only one
who knows of this fact would be Mr.Balent.And since he is the
adverse party in this matter,the only method we have of proving
•
it is by virtue of these instruments which have given rise to the'
c:onfidential relations0.ip.,
a confidential relationship by ins truments alone without any oral
•.'I 'l<•
!'/'
records of Mr.Brownlee and Mr.Spriggs as'well 'as'the1 Mellon
testimony.
.J'
,.
.f·
In additIon"Your Hono~"we have subpoenaed
I doubt very m~ch whether you can prove
CARROLL:
i THE COURT:
<C~>-UIz·
ZIIIA.
ZoI-~MR.
x
UI<C~
•
~u
iI-UI
Q
...I<C
UQ:>.,
:I:..,..
&'I
Bank to show thE?existence of an agency bE;t~eeri Mr.Balent anq
Shannon Griffin prior to his death in regard to a checking account"
in regards to his handling of Mr.Griffin's affairs and in regards to
a safe deposit box which was in Mr.Griffin's name and which Mr.
of a safety deposit box.It nowhere appears in-any correspondence
and in the claim.
MR.CARROLL:
Balent had access to.
Your Honor,this is the first I have ever hear
If Your Honor please,Mr.Fergus doesnIt
via:IIII-a:oII.Ida:MR.FERGUS:
I-a:.:>ou
.J<CUii:II.o
understand the Orphans'Court procedure of·exceptions.There is..',......
nowhere in the statutes or in the rules that I can see where we have to
"
se.t out paragraph by paragraph ,the claim which we have as they do
in Common preas.Ther e is nothing to guide you other than to
;
request a statement of claim,which we have done and we have
11
supplied him with that.If there are inferences from that as to what
we are going to prove,that is up to Mr;Fergus to determine.
It's not up to us to reveal-':"-
as to why this confide'ntia'1 relationship h<3;s anyrelevancy or any•MR.FERGUSL I don't believe you have even starte'd to say
materiality on the proceedings this morning.
,
Lett'S get started with
,4.
.,.f......
The Court will overrule the objection pro
'I haven't gotten that far because of your
obj ections .
.-
forma and reserve its final ruling thereo~.
:sz~~~MR.CARROLL:zzIIIA-
ioI-~THE COURT:
:z:III~~
Mr..Eergus asked for an offer.Is that not correct?I'm going to
the tes timony here,if you have any.
comply with that.
•
..:uii:Iiio~MR.CARROLL:
uo::I.,
:z:I-....
CII
All right,Your Honor,As I understand it,
Call the witness and .let's get some testimony.
other than the introduction of records which we have and records
MR.CARROLL:
iii0:~THE COURT:0:oII.III0:
l-ll:
::IoU
..I~oii:II.o
You have given us some type of an offer.
We have no witness on this aspect,'Your Honolv-,
which we hope wiU ,be produced by ,Mr.Brownlee and Mr.Ott
from the bank relative to the relationship between,Mr.Balent and
the decedent,Mr.Griffin.That is what we have in terms of
evidence showi,ng the Court the existence of confidential relationshi~or
an agency.I,don't believe it is necessary to produce oral testimc ny
12
becaus e these records speak for ther:qselves"
THE COURT:If you can convince the Court that there is
a confidential'relationship existing at the time by the submission of
records which you have~then let's have the records.Letts get
of c,ounsel.We have nothing on the record.
a lease option agreement and a pur<;hase option agreement executed
Street in the City of Washington.'It is of record in Deed Book 1012,
Memorandum,of Agreement between ShannonoGri~finand Sarah
All right~Your Honor.At this time then I
page 336"being recorded there January 29~1958.It consists of
R.Griffin,his wife,and Andrew Balent and Margaret Balent,his
would 'like to introduce a certified copy of what is termed a
something on the books here.So far all we have is a lot of statemen s
CARROLL:
,wife;and'it involves property situate at 28,30,and 32 North Main
•~z0(>oJ>-MR.V!zZ1aIII.
i0l-e,~:z:V!0(
~
.:u..0:l-V!Q.0 ..<ij
Q
::l.,
:z:I-.......
~.
,
agreement in the event the option to lease or purchase is exercised
,
by the parties,as well as an Exhibit flA fl which is a form of lease
refer~ed to made part of the'record in t9-is proceeding for what ..-,
.'.
Now,sir,you wish to have this agreement
-,purpose?
byMr,Balent.,
iiill:1aIl-ll:oII.1aIll:
l-ll:
::loU
oJ<ij
k:THE COURT:II.o•
,MR.CARROLL:This is for the purpose to show,Your Honor,
..."..;"'.~
-the beginning of the relationship or at'(eas!some relati0I1:ship
already existing in the year 1956 between"Mr,Bar~nt.and Mr,
Griffin.If you will notice,there is,a recital in there which indicatE s
~~-~10-,-.,~
that there 'havebeen anumber ,of agreements both oral arid-written
'.reached and they w ere unable to.:really d.ecipher or determine what
was effective and what wasn't effective .
13
...And then·at that time they decided to enter
into a stipulation or agreement of this nature which combined aU
of the past instruments or oral understandings into one,so that each
of them would know or would understand what relationship existed.
In addition,.it ~s offered for this purpose,
Your Honor:the property which is mentioned therein adjoins
.an U:3'feet pa.rcel whichwas::purchased by Mr.Balent sometime
subsequent from the William McKenhan Smith"estate and we have'
'.
that deed to introquce here.That wiU show that there was an ease-
ment.or a right of way which Mr.Griffin [lad over the property whic
was purchased by Mr.Balent and which we contend had and has
value and was either conveyed for nothing or something 'was done
With it which we don't quite understand,but it was,in so far as the
record is concerned,extinguished.by Mr.Balent on the basis of
the Power of Attorney given to him by Mr.Griffin.It is our
contention.that Mr.Balent,as agent and almost as trustee at that
time breached ,his duty to Mr.Griffin.And this is just an intro-
duction of a portion of the facts,to show this relationship which
existed in 1960.
MR.'FERGUS:
.,
Your Honor,Iobject.AU this document
does is---it's a matter of publ,ic record and we ar~happy that it is.
14
in the record---is show that Mr.Balent had an option agreement
with Mr.Shannon Griffin and it recites the agreement went ba~.~
to 194,7.The man didn't die until 1.962.
,,
.}
spoke to Your Honor of that is adjoining the yarcelof ground which
"I.,I
J.
'.The objec,tion is sustained.We refuse'the
t'_
County in Deed Book 1076,'page 51,and it is a conveyance and there
·110 •_11,~
is a survey attached.It'is a conveyance of the'flo 3 feet whi~h r
a .deed which 'is of record in the Recorder's C?f:fic r of Washin¥to'ri'
entry of this exhibit on th~.recor~at this-'junc~~re'i~~he ;proceeai~gs
." •.'...'.t.• ,
CARROLL:.The next item I have,Your H0!10r,is also
THE COURT:
-:z MR.~~>-IIIZZ1&1
0.•
Zol-eiZ
XII~~
•
Mr.Balent had leased and which he has an -option to purchase,
which,to my knowledge,has nofyet been exercised.,This instrumeht
is dated February 19..1960,and is recorded May 19..1960.
MR.FERGUS:YO,ur HonoT..I 'objeCt to the entry of that as
immaterial.to this case.That is a deed between Mr.Balent and
the Smith estate which has rio c'onnection with Shan Griffin.
THE COURT:The objection is sustained and we will not
perm~t the introducJion of this evidence at this .~juncture in the
proceeding.
MR.CARROLL:The next item I have is a Power of Attorney
between J.Shannon Griffin and his wife Sarah to Andrew Balent,
which is dated the 10th of February,1960,and is recorded Februadl
16,1960 and deals with an easement or right which Mr.Griffin
15
had to use a passage or right over the 11.3 feet.This instrument
-
g-ives Mr.Balent the right.as I understand it.at his own discretion
•
as to time.manner.place and terms.'to make.execute;acknowledg~
and deliver to the owners or'the property adjoining my North Main
Street property on the South.good and sufficient agreements or
It is this item we contend has value and'which Mr.Balent;by
virtue of this particular'writing.has been c'ons tituted agent for
deeds infee simplE!for the purpose of extinguishing the easement.
Mr.Griffin.
Your Honorl I object to the entry of that.
0<
Z0<~>-IIIZ
Z
III
II,
io~~z
:z:III0<~MR.FERGUS:
in that it is irrelevant to any claim that Shan Griffin.Jr.might have
.f,;
against Mr.Balent.•
..:2·
II:tiQ
.J0<UQ~THE COURT:
:z:~.
w lVIR.CARROLL:
.The objection is sustained;exception noted.
Yes~please note my exception to everyone
...
viII:III
~II:o0-IIIII:
~II::Jo.U
.J0<
U
ii:II.o
of the Court's rulings.The next item I have.Your Hon6r~is what
-? .L '\_i
is called an Indenture and is a releas e or extinguishment of this"
';,."~.."f I :~.;.
easement as well as\he ea~~m~nt of the Will'i~rri M6Ke~nan Smith
property between the Mellon Bank and J;Shannon Griff~n and Sarah...,
",
R.Griffin.his wife~by Andre~Balentas attorney in fact.It recit s
~f f r,.....,..jj •
the same problemas to the existence 'of the easement 'and.the neces sity
for its.extinguishment.as well as the fact that Mr.Balent had
purc~asedthis or was in the process of purchasing the 11.3 •
feet adjoining Mr.Griffin's property.This instrument is dated
February 18.1960 and is filed of record September 11.1968.
THE COURT:'
MR.CARROLL:
,'
Where?
In th'e Recorde;'s Office of Washington County,
16
Pennsylyania in De~d Boo}<.1284~page 1085,and Thave ~certified
copy of that record~Your Honor.
"
MR.'FERGUS:Your Honor,I object to the entry of'this in,
again~that it is irrelevant to any claim apparently for tod9-Y.This
is an instrument in which the Mellon National Bank and Tr~~t Campa ly
fits trustee for the"Smith estate a~d for the William McKennan Smith
e'state and FIdelity-Philadelphia Trust Company and John McIlvaine,
. .
executors of the estate of Grant Smith and the Griffins entered into,,-
an agreement to extinguish two easements which I see no relevancy.
THE COURT:
MR.CARROLL:
The obj ection is ~us tained.,Exception noted.
For the record~Your,Honor..I might state
that the agreement is not as Mr.Fergus states~but is entered into
by Andrew BaleIl;t as their Attorney in Fact.
THE COURT:
MR.CARROLL:
,'
,We sustained theobjection-.
. I ask~Your Honor.l also that the records of
the incompetency proceeding which were held in,this Court a,..,~o
as to Shan Griffin and Sarah Griffin~.his wife~during the year
.
1960,:1 asked Mr.Rogers to have those present so that I might ask
the Court to take cognizance of them and specifically the statements
which were made by Dr.Proudfit during the course of the examinat on
at that time.They deal with statements by Dr.Proudfit that
indicate both Sarah Griffin'and Sh~n Griffin were in fairly dec'ent.."~.~
;:....,'.
physi.calcondition but the mental condition of both was:disoriented an~
'in his opinion they 'were in~ompetent and unable to care for them-
'f ,)~
L •..~.Jf .....~:~)J''
selves;and this situation had existed,in Mr.:Griffin'sjnstance at'~."""I!"~-"'_.£.';'r .-..'-"c•.It·.~.e
least:a year and half prior to the'institution of th'e proceedii1gs~and'
,in Mrs ..Griffln.'$instance at least in his'opiniqn ~HTe'ye;":i~'prior.
,~''Ii;.*.:""~~"
,So that these proceedings in regard to a deed from the,McKel1nan
'Smith estate as to the 11.3 feet in regard to the acquiring ,of the
Power of Attorney:which occurred in February of 1960 and as to
the extinguishment ofth.Et'l:asement which occurredj,as I understand
it nqw1 in February of1960~but-not recorded until September of
1968~these items indicate that there was an agency relationship
between the parties by virtue of the Power of Attorney;and that Mr.
,Balent apparently~as 'far as we can determine~extinguished this
",
easement or right which Mr.Griffin had for rio consideration•.
And since he was in 'a confidential relationship as agent by virtue
of the Power of Attorney---and we will adduce ,additional evidence."'
to show that lie~ad been:handiing the ~ffairs of·Mr.Griffin fo'r
,.
some timei"'hy check and other instruments---thq,t he breached his
,
duty'to Mr.Griffin and to Mrs.Griffin at the time~and also knew
or should hav~known that they were 'not,mentally capable of e:xecutir g
,
a deed~a Power of Attorney or the extinguishment of any easement.
17
MR.'FERGUS:I object)Your Honor.I think this is im-
material and irrelevan~.If we could get to'the Court what this
~,",~
easement---what 'shocks me here are the innuendos that Mr.Balent
.------------------------------------------------------.,
18
has done something wrong,which I completely disagree.with.The,
There was at leas.t enough val'ue they entered into an agreement to
so"because from what I can see from this Indenturel they didn't
receive any consideration for the extinguishment of going to get the
easement that Mr.CarrolL is talking about ,was crea~ed by a will
We have
,.
,.)·'t .
•t ,
,
Now I would maintain;,Your Honor,that these
That is questionable,.Your Honor.
So that there was some apparent value placed upon it.deed.
~
year 1960"which is twice .the consideration which is placed in the
Trust Company and the F.idelity-~hiladelph~arr:~.us,t..~ompar:lJ felt,
.'_"'.f "~...~11'1..
testimony from an,appraiser as,to.the value of the ground in the
eas ements are valueless~',Certainly the Mellon 'National B'a:nk and
~• •......'"~1 'jt
people living in that were allowed to go on the Men's Shop property~~\.~
water"which certainly would be more valuable--
,.,I,",
to get back to.their bac~·yard..
~.!~-
dated in 1827 in which,where the Washington Meat Market is
now locatedl ther~was·a'well behind it and the Men's Shop ne'xtdoor
·had a house on it.The Menl,s'Shop property was allowed to go over I
.and get water from the well and the Washington Me~t property,the
uia:1&1Ii:MR.CARROLL:o0-
1&1a:
I-a::JoU
.J<u·
ii:l&.o
I e
I
.
I
I
i
I •0(
z0(>.J>-II)z .'z "
1&10..,
i
01-.ClZ
x
II)
0(
~.
..:~.a:1-.
11).•Q
oJ~uQ
:J..,
x~.,..
l'I
extinguishit.
MR.FERGUS:.The only reason for the extinguishme.ntl it's
•t'••
apparent on the face"is to clear up a very'tenuous cloud.
--
MR.CARROLL:It may be"'Your Honor,but up until that
,.-------------cc------------_....._----------------
Arlie Ott 19
time there was no building'built on that 11.3 feet and it was used for
passage by the public as well as the parties who had the easement.
in faet,,',there was a fiducia.ry duty.
show ,on its face that Mr.Balent breached any fiduciary duty,if,•
MR.FERGUS:Again,Your Honor..this document doesn't
We will not permit the introduction of this item at this juncture in
the proceedings.
The objection is sustained;exception 'noted.
.,
{..
'...,,".,
~.,.t ,I ,.
~.,
I'd like to call Arlie Ott at this time"Your Ho ~or.
!"
~THE COURT:
0(
~,
>-III
Z
Z1&1Do
iot-~MR'.CARROLL:
3:'III0(~
•
~ARLIE OTT IS CALLED AND DULY SWORN
1&1t-Il:~DIRECT EXAMINATION BY MR.CARROLL:
1IJII:
t-~Q Give us your name please.ou
~A Arlie Ott.u
ii:Il.
o Q And what is your oocupation,Mr.Ott?
A Trust Offie'er of Mellon Bank.
Q,How long haveyou been a Trust Officer at Mellon Bank?
A I've been a Trust Officer for some three years"and have been in
the Trust Department since 1960;having worked before that in
.the commercial side of tpe bank for some 14 years.
.Arlie Ott 20
Q Were you served a subpoena by,me yesterday relative to records of
J.Shannon Griffin and his wife and relative to records of either..
checking accounts"savings accounts or safety deposit box iJ;l the name
of either Shannon Griffin or in the name of Andrew Balent.agent?
name of the Griffins .
estate in connection with the sale of this 11.3 feet;and also generall.
account which might be held in the Mellon Bank"either in the name
I was served a subpoena requesting any information from the Smith
The second~ubpoenawas ser'ved on'
Do you have with you any ledger cards or any application cards for
on that box;and any ot~er records generally of any account~in the
Griffin"or any records of openings of the safety deposit box of
.".......~,~.•t'~.~..~",
Sha-n Griffin"as weHas any authorization for deputyappointment
Mr.Marshall.Vice President and officer in ,charge of the Washingt<n,
and in addition thereto"additional information by way of regis-
..',~~1 .,.•
tration cards"ledger she~ts arid other 'fecords~pe"rtaining to any~~'."'!!,.•~:.....'~J I
of Andrew Balent"Agent"opened on account"on behalf,of..Shan~~..;(_'(I ,
proceedings.Shan and Sarah.
Office"requesting the same information:'includ~din my subpoena"
requesting all of our records",including c.orrespondence.receipts"
deposits and papers of any nature in the two Gii"ffin incompetency
•A
0(
z0(>..I>-IIIZZIIIII.
i
0I-elZ
XUI0(
~
I
~uitI-UI•0
..I0(
0'0
:J...,:z:I-,...
C\I
iii
0:IIII-0:0II.
III
0:
I-0::J0U
..I0(
uii:II.0•Q
an ~ccount known as Andrew Balent"Agent?
A 'Yes.I do have a sign~ture card~
MR.FERGUS:I obj'ect"Your'Honor.
I
Arlie Ott
..,~
'.~2i
This is immaterial and it is privileged com~.unications between
banker and his client.
Do you have account cards or application cards that deal with either•Q
(St,enog:r:apher reads back last 'question).
THE COURT:The objection is sustained .
Shannon Griffin or hi.s wife,Sarah which'Mr.Balent is authorized~z~>-UIZZIIIII...
ZoI-o:z:
:t
UI~~
to be the agent for that account?
MR.FERGUS:
THE COURT:
MR.CARROLL:
Same objection,Your Honor.
The objection is sustained.
If Your H:>nor please,
•
~ua:....
UIii
oJ~
U
o
':::I..,
:t..,..
N
the only method we have of introducing evidenc,e of the agency is the
cards and soforth and recordswh~chwere ;glade at the time of the
opening of the aC,count and wh'ich will show that Mr.Balent dealt
with Mr.Griffin's monies'financially.by handling this account.
that the matter is pertinent ~o the issue at this time.
MR.CARROLL:Well"as I understand the
is that there Was a value Urthe easement,and that the easement wa~
issue,.Your Honor"what we have raised by our statement of ciaim
The Court doesn't feelTHECOURT:
iiia:III...a:oG-IIIa:
I-a:
:::IoU
oJ0(
u
ii:lI.o
conveyed away by Mr~Balent without the consideration of the value;
and that he breached a dut'y which he owed to Mr.Griffin during
that period of time by virtue of the agency relationship which was
,
created which gives rise to the confidential relationship and the
duty of loyalty .t<?the prin.-cipal by the agent in 'any dealings he might
Arlie Ott '.
have.Now 'these items which we are attempting to introduce show
this relationship.As I said"we can't bring ·Mr.Gtiffin back to shov
,.this and We certainly can't put ·Mr.Balent on the stand.
22
THE.COURT:'.We should be glad to
f ..,
I •.
introduce the ·ev·iden~e i~YOl;i firs t p~ove..a;confidential relationship.
..j'I.IF,,,"••'"""
MR.CARROLL:Tris is evidence of the
•
'(.:t
confidential relationship3 Your Honor.What is more copfidential.,
than someone handling my ~inancial affairs and what is better eviden(e
~,~.....,.\
.....i "I·
of it than the fact that ifwas don~back'iIi the years 'gone':by before
any problem arose?,
THE COURT:'It all depends on the cir-
cumstances surrounding the case at the time.And we do not feel
that it is pertinent to bring out the circumstancesof .the confidential
relationship3 if anY3 in this manner.
MR.CARR OLL:Is Your Honor indicating
that we have oral testimony of some nature of this?
THE COURT:We are not attempting to
define the method in which.counsel shall prove confidential relation-
ship3 but we are holding simply now tha t confidential relationship
has not been proved and that we will not admit in the evidence the
matters which have been requested at this juncture.
MR.CARROLL:I understand the Court's
ruling3 Your 'H6nor,t but it seems to me that unless we can produce
oral testimony"the only ev~dence we can presently produce to the
Arlie Ott 23
Court which shows a relationship are items and business dealings
whi ch the parties had.And these dealings would have be~n 'On or
about the time of the conveyance of this easement and the purchase
of the property by Mr.Balent.
proved a confidential relationship and that therefore.it is not propel,~.,
wou,ld assuJIlo€..by virtue of calling him for cross examination.
to any testimony by Mr.Balent under the'Dead Man's Rule"which
."
Yqur Honor"I would objec
I do-n't think----it's up to
All right.Your Honor.
The Court is not'restrictin
MR..CARROLL:
MR.FERGUS:
THE COURT:
,.
us to rais e that..,Your Honor.We are"in effect.waiving,it"I...~.'"~~
,
That's all for the time bei~g".Mr.Ott•.I'd like to call Mr.,,Andrew
-'!~~..•rP
','.',_'(1._.'".I ,_
Balent for cross examination"Your Honor.-.
...
would have anything -to do w:ith any trans~ct'iombet~eenhe ?-~d_Mr.
MR.CARI~OLL:
The Court is -simply r:emarking that we have not"in this -'record"
you to the introduction of oral testimony or:any other type of testimony.
.
at th~s juncture;to introduce the evi'dence.
.Griffin.
I
,•0(
z0(>..I>-IIIZ
ZIIIII,
i0..~z
XIII0(
~
..:uii:-...III•Q
.J
0(
~0
:J...
:tl-I'
til
iii0:III..
0:(0lLIII
0:..0::J0U
..I0(
u
ii:II.0
,e
It is our right.not Mr.Balent's.
THE COURT:You propound your questicln;
we win get the obj ections then we will rule on them.
.----------------------------------------c-:----------------
Andrew Balent
24
ANDREW BALENTIS'CALLED AND SWORN ~
GROSS'}'EXAMINATIQN BY MR.CARROLL:
••
Q
A
Q
Give us your name please.'
Andrew Balent.
Where do you.livel Mr.Balent ?-
'.
Does that meat market have its place of business at 281 30 and 32
Are you the owner and operator of the Washington Meat M~rket?
'.North Main Street'in the City of Washington?'
Just 28 North Main Street.
Washington Meat Market is a ~orporation and'I am one of the ·stock...·
~• •":~.J '.t'•~
f ,",w....~...,~
~"....,\r..
How long haveyou lived there 7 .
holders.
Since 1932.
,291 Leonard:~Az
0(>~QIIIzz~A
io...~Q
::tIII;A
.:,2
II:I-III~Q
0(
u
Ci
:J...
%~~A
•
viII:~Q
II:0II.11/AII:
l-II::J0 Qu
.J0(
u Aii:II.0
e Q
A
Q
A
Q
,
Is 'your corporation renting or owning that property pres ently?
The corporation ~enis.
Who does it rent from?.
From me.
Brom you?
Yes;
Does titj rent from you and your wife'?
Right.
And is that lease or ~emorandumwhich you have on thi$buildingl
is that the one.which you entered into with Shan Griffin and his wife
,-----------.._----------
Andrew Balent 25
in October of '56?
MR.FERGUS:,I object"'Your Honor.
THE COURT:'The objection i~sustained.
Q Did you know Shan Griffin and his wife?'.A Yes.
'How long did you'know them?
I don't remember the exact year"but it goes back---,
This is irr'elevant and immaterial..Mr.Balent knows"I am sure;
a great deal of peopl,e and I am sure most of the people in this town
I object to this"Your Honor.MR.FERGUS:
~Qz~>
-;'AIIIzZ...II.
ioI-oZ
XIII~~
It may become material in later questions.
THE COURT:
knew Shari Griffin when,he was alive.
•
..:u
it!t-III
Ci
oJ~
U
Ci::l.,
J:..
l;A It ':'flt'obably dat~s back to 1932.
"
We will permit the question
iiiII:~QII:oII....II:
l-II:
::lSA
oJ~~Q...o
And did you have 8:ny close relationship with Mr.Griffin or Mrs.
..,
Griffin other than just friends or neighbors?
Just what do you ~ean by that question?:
I will rephrasethe question.Where~when you knew Mr.Griffin"
where did he live?';
A At 52 Morgan Avenue.,.
,Q Where did you live,,',Mr.Balent?
A At the same"Leonard Avenue.
Q Did you have occasion to visit Mr.and Mrs.Griffin?
A Griffins visited us often"quite often.'We exchanged shrubs,flower~"
Andrew Balent
25
soforth.
Q You had occasion to visit their home as well",did you not?
"
How often would you visit their home?
During the latt'erpart of 1947;J"did you have some business ,deallngs
with Mr.Griffin relativeto the purchase ofdJr6pE2rty',~iJ.>&orth}Main
I don't remember just exactly,but it ~as proba:b~y often.
What was often 7,Once a wee~~'~~ce a ,!Uon~h"~hse ay~ar 7 ","t
t,.,'~."'~j ~.,"- _,.,,'...j(t _.1 ~••....,fl :.~..I"•_~}...l'~f i";(I
'Perhaps.sometimes once a~month;sometimes oftener.,Many times'"I
,~--"t _,
.',we'd call for something._
A
Q
~Qz0(~A>-IIIZZIIIII.
io~Qz
x:III0(
-;t
•
arthritis.And some of his doctor friends recommended that he
t just don It :t:'emember what all I did.
The objection is sustained.
fobject,Your Honor .
THE COURT:
.MR.FERGUS:
Can you cite some of the things thatyou did do'7
Did you do anythi~gfor.Mr'.and Mrs.Griffin quririg'the la~tet part
of the late '50s or the early '6'Os "in regard tO,helping them.around
I remember one instance,Mr.Griffin had a pretty severe case of
"".
Street?
.th~home or in purchasing groceries or anythipgof this nature 7
A
ltiII:III~II:o0-IIIII:
~II:gAu
.J0<§Q
II.II.o
•
should go to Hot Springs,Arkansas",and he sort of didn't want togo
and I heard about it and I said;J IiShant why don't you do what the
doctor recommends 7"So a few days after that he came up the hous ;J
he says,"Andy","he says,,,--""If you drive me d<?wn,I'll go.So I
Andrew Balent 26
drove Mr.Griffin and Mrs.Griffin down to Hot Springs and flew bad
home.
I don't rem~};mriJw.rhatyear.
When was that,ifL,you can recall ?
Did Mr.or Mrs.Griffin or both of them deal with your store for
Yes.;t they always dealt there.
..'j
.',
that they were out of food and I carried them in.
and the trucks were unable to make the deliveries and they ca~led,
the purchase of groceries?'
So you had a pretty friendly relationship which developed,did you
.4.•
Did you ever t!lke them out to them?
I remember one time 'during a severe storm",we had a deep snow.'
You don't know when this occurred?
That you would do for him.
No~I don't-remember.
And also flew back and brought him back a month later.
That is one instance.
Would it 'have beerf in the late,'50s?
,I
I don't know just exactly whaf~,.
Is that just one instance?
Q
A
•Q
<A
z<~Q
IIIzz~A
i0~Qz
xIII<A~
.:!:!QIl:I-III•QA
.J<U.
§Q.,
J:l-I'-(II
ui
eiAl-ll:0Do~Q
l-ll:
.,5Au
oJ«
uii:II.0•Q
not?
MR.FERGUS:,Excuse me,Mr.Carroll.
Your HonorJ!I feel Mr.Carroll is on a fishing expedi:iitiLo.n.I do
obj ect to these questions because of the fact that they are completel;)
.Andrew Balent
immaterial an?they do not go to show confidential relationship..I
think)Your Honor is well aware that Mr.Balent would have.sold
.r .,.'
groceries to many'people.He's been a y'ery ~uccessfulgroc~ry
27
salesman.,.".,
THE COURT:T~e ~,bjectionis sustained•
.-
Did you ever handle any'of Mr.Griffip.'s business transactions?
rulings of the Court.
,,
MR.."FERGUS:
,.
'..MR.CARROLL:
"THE COURT:
MR.CARROLL:
I,.object~Your Honor.
rh'~'9bJection is sustaine,q:.,
~~,..
Note\an exception..please.
,I
Excepti~n is noted'to all
All right"Your Honor.
I just wanted to inakesure I,had it ,on the record.Mr.Balent~I
show you,~cett~fied copy of the record of tlfe R.ower of Attorney
from J.Shannon Griffin..etux~to Andrew BaJent"dated February
1'6..1960,and recorded in the Recorder's Office of Washington
County here.,Is that on~which you had executed?
MR.FERGUS:
THE COURT:-
MR',CARROLL:
I object~Your Honor.
.The objection is sustained
If Your Honor please"
again..I state to you~the only method we have of proving any, ,,.
relationship which existed between the parties is by virtue of the
records and oral testir-:lOny and the only oral testimony we can have
of this is Mr.Balent.·And if he had business dealings with Mr.·
------------~--------------,--------------
Andrew'Balent 28
Griffin~if he represented him by virtue of a checking account or
being on a safety deRosit box or handling his afiai.rs~it certainly
•
.'shows a relationship other than the normal one of a debtor':"creditor
in terms of grocery situation.And it seems to me that t?is gives
.rise to an inference that there is 'some type of relationship other
the Court is ..based on the fact tha't thep e things 'are immaterial to
a specific ruling as ,to the basis of ,its decision?
admissibility of evidence as it is presented..And the Court rules
is unduly restricted bythe facts that he faces in presenting his
As I understand the issue~'
The Court is not required
Could I ask the Court for
If counsel feels that he
MR.CARROLL:
MR.CARROLL:
THE COURT:
THE COURT:
the issue.
to give the basis of ~ts rulirig~bu.t we will do so.The ruling of
that the said evidence is not admissible..
than the normal one existing"and we are j~st trying to get at that.
,t~stimony"we c~n fee~forh~m.But we are here orily to rule on the
~z.0(>.J>-11\Z
ZIIIII.
;i .
0I-ClZ
:c11\
0(
~
.:u
ii:I-11\Q
.J0(
UQ
:l..,
:r:l-I'
N
iiill:IIIl-ll:0GoIIIll:
l-ll:
:l00
.J.
0(
uiLII.0
•
Your Honor",the issue is whether or not there has been some breac
of an agency duty or a confidential relati.nship existing between the
,parties.,and the only method we have of proving that is by the recorcs
which are recorded"by testimony of witnesses which we do not
have.,or by testimony or Mr..Bal~nt~,sh,owing th,e r·el~tionshiP.
between the parties.
,{..'. ' 'i
I feel that is very relevant and material.
Andrew Balent 29
If the Court's ruling is based on the fact of the age or antiquity of
the relati9nshiPJ Iwould state to you that we had no prior opportunity
to raise these particular problems and were unable to do so until
:~.
such time as J.Shannon Griffin attained the age of 25 years.Becaus p
into an extended discussion with counsel for the.reasons for its
in this purchase of the groceries by him and delivery by you,did
it when it really goes to the heart of what we have raised in the
interest,his interest was contingent on his reaching that particular
,,
The objection is sustained
I object,Your Honor.
All right,Your Honor.
The Court will not enter
MR.FERGUS:
THE COURT:
MR.CARROLL:
THE COURT:
you ever pay for~hese yourself?
you an exception."
terms of exceptions.
time.I fail to see .the Court's thinking as to the immateriality of
Thank you.During the period of time that you dealt with Mr.Griffil ,
rulings.We rule that the evidence is .inadmissable.We have granted
age.And w~.could not,'theieforel raise any problem prior to this
until that time,under the will of Mr.Shan M.Griffin,he'had no•c(
z0(>oJ>-UIZZ\&III.
iaI-0
Z
xUI0(~
~u
ii:I-UI•ii
oJ~u
ii::J.,
J:..,...
N
iii0:
\&II-0:,aII.\&III:
I-0:
::Jau
oJ0(
uii:...a,
e
Q Did you ever have occasion.in a,ny dealing with Mr.Griffin or
{"
his wife to have either a joint bank ac..count or were yc:u ever agent
,,'"."•.•hi ...'\~,t\"'.--
for Mr.Griffin'inhis dealings prior to 19607"•.,.'
MR.FERGUS:I object,Your Honor.It
I •
.,
.",~,'~~t"'J fi "
Andrew Balent
is immaterial and irrelevant.
THE COURT:'
I ,~
The objection.is sustained.
. .,
30
Q Were you ever authorized to enter any safety box of any nature which
Mr.Griffin might have had with any of the banks?
MR.FERGUS:I objectJ Your Honor ..
.I don't want to allow him to answer a,quesition and then thereby op~n
t,he door to anything.What I would like the record to showJ that I
am not trying to hide anything,but I do think this is immaterial.
THE COURT:The objection is sustained.
You p~rchased 11.3 feet situate on North Main Street adjoining th.e
Shannon Grifqul property,did you not?
Yes.
And you purchased that from the William McKennan Smith estate,di<
you not?
MR.FERGUS:.'your Honor,the purhcase
of Mr.Balenf from the Smith estate is irrelevant and immaterial to
the claim of the Griffin estate.
THE COURT:The objection is sustained
Did Mr.Griffin have an easement over that 11.3 feet?
MR.FERGUS:
THE COURT:
I obj::ec t,Your Honor.
The objection is sustained
Q At the time you purchased this 11.,3 feet,how much-'---
MR.FERGUS:Iobjeet,Your Honor.We
Andrew Balent 31
have ,not established to this Court that Mr.Balent did purchase 11.3
feet.
I have visited.
Mr.Griffin's home on Morgan Avenue?
that line of q1,lestioning.This Court does'not know that Mr.Griffin
Did you have occ,asion,duHng the latter.I;Jart of '58 or '59 to visit
I object"Your Honor,to
I object,Your Honor.
The objection is sustained•.
The objection is sustained.
,
f'"
That is correct.The
I I -•,,,--
I object,Your Honor.
MR.FERGUS:
THE CPURT:
MR.FERGUS:
MR.FERGUS:
THE COURT:
J .~'.,~
THE COURT:
Prior to the yea:J;'1,1960 when,Mr.Griffin was declared incompetent--
,,
These questions are irrelevant.
How often did you'visit there?
Did you ever pay Mr.Griffin any:l;unds for ,an easement which he,'
obje'ction is sustained.
might have had whlch was pertinent to the p~o~erty which you feased
Q
<z<>oJ>-IIIZZIIIQ,
i0I-Cl Qz
:cIII<~
..:u Aii:
"I-UI
C
oJ Q<u
0::l..,
:t....."
iii0:IIII-0:
'0Q.
III Q0:
I-0:
::l0U
oJ<
uii:II.,0
•
was declared incompetent and---
MR.CARROLL:I think the Court can take
cognizance of ~ts own record.
MR.FERGUS:Mr.Carroll is jump;ing
to conclusions.
THE COURT:The Court is cognizant of
-------------_..-
Andrew Balent
the fact that Mr.Griffin was declared incompetent in the yeat:'1960 ..
But we will entertain the question.I don't know what the question was.
J>i'ior to the incompetency'declaration of Mr.Griffin and his wife
,iinJuneof1960.had y~ll qeen handl.ing theiJ;'financ,ial affairs?...
32
,
MR~FERGUS:
THE COURT:
...~,f'
'To13ject.'Your Honor.
Th~'objection is sustained.
;iI.
During that ,pei'iodof tirp.e prior to the incompetency'for a year.
,.,'year and half,had you been visiting Mr."Griffin either at,home or
the hospital?
Yes.
And how often would you visit in the home?
is immaterial.
MR.FERGUS:
THE COURT:
I object.Your Honor.It
The obj'ection is sustained.
You knew Mr.Griffin for a great numb er of years.is that correct.
thirty some years?
Since about 1932.-
About 20;25.30 years?
MR.FERGUS:
It's immaterial.
THE COURT:
Q You knew him for abou't 25 or 30'years.
A Since 1932.
I object.Your Honor.
The objection is overruled.
Andrew Balent
Q Your first business dealings with Mr.Griffin were then in 1947.
33
MR.FE,RGUS:
THE COURT:
I object.Your Honor.
The objection is sustained.
During your dealingswitp Mr~Griffin over the approximate 30
years you knew him.did you have occasion to lend him money?,
MR.FERGUS:
THE COURT:
I object.Your Honor.
The objection is sustained.
Did you have occasion to represent M~.Griffin in any business
dealings he migp.t have had?
MR.FERGUS:
THE COURT:
I object.Your Honor..I
The ·objection is S,ustained.
During the latter part of '58. '59.the early part of '60.did you do
.'.
ariything on behalf of Mr.Griffin in the way of business or financial
affairs?
MR.FERGUS:
THE COURT:
I object.
The objection is sustained.
What did you.do for him in the latter part of '58 or '59?.
.MR.FERGUS:
.,,~"
vague as to be meaningless'.:",;.-~...
THE COURT:
Your Honor.that is so
.'
The objection is sustained
Q Does your corporation~.Washington Meat Market.r~nt th~entire'..
building a f 28 North Main Street ?
.•I _
~,MR.FERGUS:I object~Your Honor.That
,,
And:r:ew Balent.f ••
•.#,.',i
',*"
.34
is immaterial arid irrelevant.
•J
"~Tile objection is silstained.,
Q Under this
THE COURT:
with
Memorandum of Le!3-se/Mr.
MR.FERGUS:I object~Your _Honor.
That Memorandum of Lease is not before th~Court.
THE COURT:
obj ection ~s sus tained..
MR.CARROLL:
That is correct.The
I think"Your Honor,I
,'asked him pr.eyiously if this was a certified copy of the Memorandun
and Agreement entered into,I believe he said yes,wtJ-ich I showed im.
I will do .it now.
MR.-FERGUS:
THE COURT:
I object"Your Honor.
,My recollection was that
it was obj"ercted to before and that wesustair-ed the objection before.
And we sustain it again.
Do you lease the building which your busiJ}ess is pres ently occupying?
MR.FERGUS:
material.
THE COURT:
No further questions.
MR.FERGUS:
Honor.
THE COURT:
(witness excused)."
Your Honor,this is im-
The objection is sustained
I have no questions,Your
You are excused"sir.
MR.CARROLL:If Your Honor please,Het
35
.I
like to ask for a ten-minute recess,Your Hopor,and talk to none
..".I ,~'"
,'"'('"'.-..~
more witness we have.We'haven't been-able to'talk to her befo're.
recess.
THE COURT:
MR.CARROLL:
We will take a ten-minute.,.,
.\
!.
If Your Honor please;we
have two additional witnes$es who are n<;>t presently available.I had
hoped that w'e would not;hav~,to call either one,of them.A Marie
Henry,who was a nurse of Mr.Griffin's~sometime in the .latter
part of '58 and '59 and who knows something of the relationship betw en
Mr ~Balent and~he decede.n~.In addition~we have a woman from
,Brownsville by the name of He~en Todd,who is a relative of Mr.
Griffin's but who was not able to be here today by virtue of illness.
And these are the two witnesses which we have which we believe
can prove to the Couril that there existed some relationship between
Mr.Balenf and lVIr.Griffin prior to his death.And I would ask
the Court for a,continuance to a date certain so'that we can have
those witnesses and produce their testimony.
THE COURT:
have that you can get them in later?
What assurance do you
MR.CARROLL:Tcanriot give the Court an)
specific assurance.We'have not been able to iocate Marie Henry,
who is the widow of Wilbur Henry"we haven't been able to locate
her~.but I am sure we can.Mrs:Todd"I thirik"will come in~but
she presently~from my understanding~is not physically able to be
here today.She lives in Brownsville.
36
,,'
THE ~OURT:
pairment that prevents her from being here today?
'Mail CA:RR0LL:She is old,l;our Honor.
She 'is under a doctor'.s c~re~as I understandit~for an ear infection
and other physical ailmentsdu~to her age.
older.not younger.
THE COURT:
MR.CARROLL:
.As:;we go along she gets'
Yes"Your Honor,,that is
why 'I am asking for a date cert;i~to have her .here.If we don't
have her he.re~that will be ·it.
THE COURT:We wiil give you,an.•
opportunity to bring them in on Friday,January 31,at 1:30 P.M..
MR.'CARROLL:An right"Your Honor.
,
May I reque.st the Courtbne other'ihing?/~eh~ve,.ser.yed ~ubpoena;
•~,.,.,',.......,01.<II.~•.~'~
on these people.I·would not 'like to do it again,and perhaps the
;
Court may determine that the matters w.hich we wish to introduce
10 r
even at that time may not be rele\.'ant~·but I would request th.a~
1 ..
thos e persons be here with the produ~tion of the records which we
requeste.d~rather than serve another subpoena.
THE COURT:Such records as may be
required at the continued hearing will be made available to the Cou t
37
at that hearing on Friday~,January 31 at 1:30 P.M~without further
i.ssuance of any subpoenas •
MR.BROWNLEE:May it please
the Court;yesterday I was served with a subpoena by Mr.Carroll
at 2:00 oiclock in the afternoon.It is so broad in scope that I don't
think I would ever'be 'able to produce what he wants and I don't know
whether what he wants I am required to produce.
THE COURT:We are going to leave that
matter up to counsel.,It woul.d ..appear to ~he Court that many of the
items requested in this subpoena are items of a confidential nature
between counsel and~the~r client~which would not be subject to
subpoena.
MR.CARROLL:For the record~Your Honer,
I will contact Mr.Brownlee and tel!"him specifically the items I
am interested in forthe next hearing~and then the decision can be
made by him or the Court as to the confidential nature.'
THE COURT:,
MR.FERGUS:
I think that is a good idea.
If the Court please,I
would have t he same objection about the subpoena that Mr.Balent
received.
THE COURT:
.,already
We havefruled on a great
number of these items in this matter.We have ruled the'm as being
inadmissable in the present case..~.,.
"MR.FJtRqtJS:~'Fine .TJ:1ank you~Your H mor .
MR.CARROLL:
*'************
Thank you~Y0l:lr Honor...
38
•
.'-,
HEARING CONTINUED .:.Friday~January 31..1969~at 1:30 P.M.:
MR.CARROLL:May it pleas,e the Court~
-
this is the time set for an adjourned hearing in this particular
matter.At the time of the adjournment,I indica:fed to the Court
we could and would have witnesses at this hearing and we have one~
we have another woman'who indicates that she would be here around
2:00 or 2:30;J Your Honor..since she is employed and did not wish
to miss any work.However,I'd like to'inform the Court that at
the time of t he adjournment~Istated that we would try to have Mar'e
Henry or a Mrs.Todd who is a relative of the deceased,Shan
,Griffin.Marie Henry,.we are unable to trace,other than I can
state to the Court that she is definitely out of the state and we think
that she is in Ohio~but we are not sure of that.I
Mrs.Todd did not appear at the initial hearin~I
because of some physical infirmiti~s and she is,I have discovered
since that time~is 77 years of age and her recollection of some of
the events is rather vague and ·uncertain.So instead of either one
of those.peopl~,we would have here at this time a Mrs.Suzanne
Wells~who served,in the Griffin's home prior to any declaratio,n
:-----------;;---------------------------------
:
39
~'1-,.t .~
of incompetencYI performing services as a companion.In additionl
we hope that Mrs.Joseph Har<;lenl who isol I believe,a registered
nurse ora practical nurse who also served as a companion in the
home during 159 and '60 would be present here at 2:00 or 2:30•
to come in and appear.
I have no desire to remove this from---under
an audit of the Mellon Bank as bank accountant executor.Mr.
or not there was a fraudulent conveyance of an easement.If we
Excl,lse me,Your Honor.MR.FERGUS:
Balent is not even party to t~atl beyond the fact that he was subpoenaed
assume..be fraudulently.We..therefore,move for dismissal
accept arguendo that there was undue influencel the undue influence
on the basis the Orphans'Court doesn't have jurisdiction.This is
This is a rather ambiguous claim which I can only reduce to whether
then therefore caused an easement to be c~nveyed which wouldl 1
,.
move that we dismiss this claim for lack of jurisdication on the
Court's part..which I think has become clearol si~ce the last hearing
Therefore,lid like to call Mrs.Suzanne Wells at this timel Your
Honor.
If it pleas e the'Cpurt..I I d like to make a motion at this time.I woul~
•0(
z
0(>..l>-IIIZZIIIII.
i0I-ClZ
:z:III0(~
..:ua:I-III•i5
..l~u
i5::l.,
:t.....N
rti0:IIII-0:
0II.III0:'
I-0:
::l0U
..l0(
Uii:...0
e
the Constitution I know the Orphans'Court has become part of the..
Common Pleas Court.But I do feel it should be on the equity side
of the Common Pleas Courtl so we can get order to pleadings.
---------------
e'..\•I \",.
40
THE COURT:Does your ,motion contempl,te
lack of jurisdiction over the subject matt,e:r,?r over the"pers~ns in-
" '~,.:.J i !,
'volved?
,_and the subject matter,Your Honor.I feel that ~n equity,first of
of using undue influence;and secondly,if he did use undue influenc e,
all the Orphans I Court has no jurisdiction over'Mr.Balent as some-
body who---,l a;m 'not admitting he di~---who apparently is being accu ed
•~z~>..I>'1/1
Z
ZIIIII.
io~CIz
:c1/1~~
MR.FERGUS:
it's a transaction long before death.
THE COURT:
Over the persons involved
Mr.Balent is only in-
•
ferentia,lly involvyd.What we actually have here is a claim that is
'being presented against this trust estate.Thil?"Court certainly has
jurisdiction over the hearing of the claim..'
MR.FERGUS:But.from what appeared
iiiII:III
~II:o0..11/
II:
~II::JoU
..I00(
ui&:lI.o
the last time,Your Honor~apparently the on!y thing the Court candp
is surcharge the Mellon Bank andMr:Balent has no connection witl
it.
MR.CARROLL:,I would raise an objection
to that theory,Your Honor..My understanding is that Mr.Fergus
appeared at the time of the audit and entered his appearance for
Mr.Balent.He again,at the time we had the first hearing in this .
matter,_entered his appearance for Mr.Balent.And it seems ,to,
me"on the basis of general ~ppearances at both those times that he
•I
,----,---------cc--------
I.•"41
has submitted him~elr'to the jurisdiction by so d-oing:.the jurisdiction
of this Court.
·MR.-FERGUS:
THE COURT:
Your Honor.,I would disagr e.
We will cut the argument
short.-The matfer of jurisdiction may be raised at any time ~n tle
Court:But we don't feel that"at this time that the motion of the
respondent may be sustained.We feel that this Court has jurisdicticn
over the subject matter and over the p,ersons involved..The motion
will therefore be refused;exceptio~n~ted.
MR.FERGUS:Tqank you,Your Honor.,
MR.CARROLL:Thank you1 Your Honor.
Mrs;Wells,will you take the stand?
MR.FERGUS:
would ask for.an offer of proof.
'THE COURT:
an offer.
MR.CARROLL:
If it please the Courtl I
The Court will entertain
If Your Honor pleasel we
are going to show by this witness ~hat she was a night companion
for Mrs.Griffin from the period of time of December 7,1958,
in additionl of cour se,to showing her name and where she resides
and what her past occupation has been.And we will show that she
was contacted for emploYl?ent by Mrs.Balent and that she remaine
there from December 7,1958 in the h~me of the Griffin1s until
July 7,1962,when Mrs.Griffin was taken to a nursing home.
"
...
42
THE COURT:
~'.'~,~-~...
'All··for what purpose?
MR.CARROLL:'The purpose,to sh.owl YQur
..'
Honorl the r\lnning of the affair's'of,the homel t,hat Mr.or Mrs.t.'
or'both were the ones who ran the affairs of the home;that inadditio
in the latter 'part of 19591 Mrs.Griffin suffered a cerebral hemorrha e.'.
and was disoriented and unable to execute any papers of any legaL
significance;a,nd that Mr..Griffin was in the same,positio'n ,d}iring
,the latter part of '59 and '60,until such time as there was incompeten y
,I,'•.''
proceedings June of 1.960 when the MeHoll;Ba'nk tOOl{over:.'
pur-pos e 'of the offer?
THE COURT:
MR.CARROLL:
And what is thegeneral
Ger;teral purpose is to show
that her testimony as t?her occupation and what 'she did and to sho.
some incidents whiCh occurred in the home to indicate the mental
condit'ions of the Griffins du~ing '59 and '60 when the incident which
,.,'"
we allegeinregard to the 'execution of ,the Power of Attorn,ey and.
the conveyance of easement which Mr.,and Mrs.Griffin or Mr•.
..
Griffin owned adjoining the property on North Main Street was con-
veyed by Mr.Balentby virtue of the Pow~r of Attorney.
..:.THE COURT:
MR.FERGUS:·
Mr.Fergus ?
.'Your Honor,I would
'obj ect to Mr~.Wells'testimony,'in that obviously,.what she is
.going to say is immaterialas to what is before the Court today.
Mr.Carroll has not even.mentioned that she has any ability.to
----~-------
Suzanne Wells
testify to any confidential relationship which might or might not have
existed between Mr.Griffin and Mr.BalE.;nt.
43
THE COURT:A confidential relationship
•is a question of law to be deduced by the Court from the evidence
that is pr<;>duced.We will overrule the objection.
~z~>-alZ
Z
1&1II.
Zot-O
Z
:ral<C~
Thank y,ou.
MR.CARROLL:All right,t Your Honor.·
•
t-=~SUZANNE WELLS IS CALLED AND DULY SWORN.
t-al.~DIRECT EXAMINATION BY MR.CARROLL:
<Cu ,
gQ For the record,will you give us your name please?..,
%~..
l;i A Suzanne Wells.
And where doyou live,Mrs.Wells?
96'South Wade Avenue.
How long have you lived there?
Well,about 24 years.
And what is yO,ur present occupation?
Well,I'm a nurse and night-time companion to Mrs.W.P.Camero .
And when you say nurse,are you a practical or registered nurse?
No..I'm neither;but I do the work.
Were50u,qoing the same type of work in 1958?
..
~-------...---~--------,-------------
Suzanne Wells 44
.Q
I A
I
I
I Q~.A
't,
~Qz~>..I A>-III
ZZ1&1Do.Qi0I-0 Az
XIII~QI~
I ~U
II:I-UI
e c..A~uc Qj.,
%..r-aJ A
:iiiII:~.QII:0Do.1&1
II:,A
l-II:::J0 Qu
..I<u Aii:lI.0•Q
A
Q
A
Q
You were then employed by the Griffins?
Yes.
Do you know what period of time that encompassed?Approximately.
,.
Well~from the 7th of December~1958 until Mrs.Griffin went to
the nursing home.
Do you know when that was .?
In '61.July 7~1961.
Was it '61 or '62?
'62.It was almost four years.
And by whom were 'you contacted initially to go to the Griffin's homE
·to b,e a co~panion?~
Mrs.Balent~
Mrs.Balent contacted you?
Yes.
Arid did she contact you at your home?
Yes;,;.,she came to talk to me.
And what happened as a result of that conversation?
Well~she took me up to see Mrs.Griffin and I started that night
then;I stayed with Mrs.Griffin•
At that time~was Mr.Griffin in the home?
No~,he was in the hos pital.
,
And do you know why he was in the hos pital?
With a broken hip.
Were you told what your duties would be'?.
1 \
Suzanne Wells 45
A Well,I was to just go and stay in the house with Mrs.Griffin at the
time.She was afraid to be alone.
Q During what hours of the d~y or what period of ti~e?
•
A Well,it was just at nighttime •.I didn't have any set time at night,
to go.
-.
That was December of '58.
At what time?
Yes.
,.
And did you arrive then at some,figure as ,to ~ours and as
Yes"Mrs •Balent was.
Everynight.
How often would you go to the home?
Right •
Yes,that night.
And you say you started the same day?
to money payment for the hours?
Who disc"ussed the employment with you?.,
Well)Mrs.Griffin)she and I talked about '.it.
I see .
Oh,anytime.From 8:00 o'clock sometime.Well"I didn't go.too
employment with Mrs.Griffin?
When you were contacted by Mrs.Balent and went .to the Griffin
home"was Mr.or Mrs.Balent present when you discussed your
~Qz<C~>-V!ZZ,III
II.
i0~Az,
:z:V!;Q
t-=!:!A0:t-V!~Q~!:!-
"0;:).,
:t...l;A
iii~Q
0:0II.~A
I-0::J8Q
oJ<C
gA...
0.
Q
A
Q
A
•
•
early because Mrs.Griffin went to the hospital to see Mr.Griffin.
So there was no point in my going until after'she went home.
Suzanne ·Wells
Q 1 see.That wouid b.e"say;after 9:00 o'cloc~,after visiting hours
in the hos pital.
A Yes.
46
•Q
A
"
How long 'did.you stay there?
Oh"7:30"8:00"9:00 o'clock in the morning.
iQ The ,next mornIng?
0(~~A Yes.zz1&1~Q Were you the oD:ly'one employed by Mrs.Griffin~t that time?zO'I-~A Yes",at that time.
xGl~Q .Andwhe~did Mr.Griffin come home from',the hospital?
•
A
The third of April;1959.,'
And do you kno~why he had been in the hos~ital?
With a broken hiP:
DOtJlIDU kno~about how old Mrs.Griffin was at the time you first
.,~
wer:e employed by h~r?
1 think she was ab.out 76 or 7.r,along in there.
,"
And do you know how old Mr.Griffin was,approxirm tely"at the'
time you first ha9 contact with him in April C?f '59?
Well"around the same age,I thin.k.
.Q Now what did your duties consist of dl!-r~ng the 'period'of time you
'were there with Mrs.Griffib.?,'.
r'
A
'I.'
'"...."~•I _•
Well,I just went,was in tl}e~house....with herahd 1_went'to bed.,But
when Mr.Griffin came hOJr~fro'm the ho~pital"why"then I took
care of him at night from 5:00 o'clock until 9 in-the morning.
_._•.$'w .J 4·
.to .,.
,-.'
Suzanne Wells 47
Q Now during the period of time from December of '58 until April of
'59,when Mr.:Griffin came home,by whom were you paid?
A Mrs.9riffinpaid me..
that time of the night.
she had a third floor and it would be two or three o'clock in the
During that period.of time"from December of '58 to April of.'59"
How did Mrs.Griffin behave from December of '58 to April of .'59?
Excuse me.I didn't hearMR.FERGUS:
morning she'd pull that sta~rway down and she'd be going up there
Well"she would"well,she'never liked to'go 'to bed early.And
I knew at times that she wasjust a little ,childish.
Well"I didn't ~now Mrs.Griffin before that.I didn't know her.
that answer.
How would you know this·?What would she do?
And 1 had no way to"you know"compar~from the past t9 then.But
did you have oc~asion:.to see'Mr.Balent at the ,home,if you ,can reca l?
Well,n<;:>t---because ,:you see,I would go there at night and they
Well,I would go.late at,night and,Mrs.'Griffin wouldn't have guests
I see.
wouldn't be there 'that early in the morning.
Q
«A
z«>oJ>-V!z~Q
i0I-elZ
XV!«~
tAitl-V!e a
oJ«UoQ:J...
:t
t-Al\I
iii0:III'I-0:00-IIIII:
l-ll:
gQu
oJ'C.QA......
0
e
,e
looking for something;and always just going through the house"you
know.I thought"well"that just didn't seem nOrmal for a lady her
Q
age and the way she couldgo up those stairs too.
f,J .,.""....
r •..,"...
Is that merely one 'of the inCidents?
(.
--------~------------- ----------
Suzanne Wells 48
A Yes.
fail to see the materiality of Mrs.Griffin's condition.•
Q Were there any ?thers?
MR.FERGUS:
MR.CARROLL:
Excuse me.Your Honor~I
Well~if Your Honor-please
~z:0(>oJ>-.IIIz:z:IIIII.
i
0...0z:
:z:III
0(
~
..=u
it...III
Q
oJ~0
Q:>.,
:t.....
N,.
iii0:III...0:0II.III,It:...'0::>00
oJ<
0ii:II.0
...~"*
our exception here is '.sort of~two-fold.We are 90nte'nding first of
•.....,_.-'I..~'..I-;'....."4
all that there was a relationship between Mr.,Griffin and Mr.Balenl
,f
an agency-type relati~mshipwhich we are going to atfempt t~'prove
•'•.••:;'f·I
by further questio,ning Mrs.Wells as well as th~other wi~ne~s.."
In additi6n~we attempted initially to introduce
a Power of Attorney which was executed in.I believe.rFebruary.of '
1960 ~y both Mr.and Mrs.Griffin relative to the conveyance of this
eas ement or right in real estate which Mr.Griffin had.Arid it is
our contention that this portion of theques tion~ng is material as to
that instrument on the basis that if we can prove to the satisfaction
of the Court that Mrs.Griffin was incompetent at or about the time
of the exe;~ution 6f the instrument~that on that basis the instrument
itself would,not be valid.
In addition,t of course~we intend to prove
this as to Mr.Griffin.because~as I say~we have a two-fold,theor
here.One~if there was an agency relationship and we can prove
it~regardless of the competency or incompetency~we believe that
Mr.Balent as agent for Mr.Griffin breached a duty of loyalty to
him.As the second portion~if we can prove to the sati.Sfaction of
Suzanne Wells 49
the Court as t9 the ~ncompetency',then the agen'cy relationship falls.
MR.FERGUS:Your Honor,I would
respectfully urge that Mrs.Wells is not qualified to testify as to
the competency.of either Mr.,Griffin or Mrs'.'Griffin.
THE COURT:The objection is overruled.
Exception noted.The question of competency or the lack thereof is
.
for the Court,based upon lay testimony of the actions of the individu Is
at the time.
(Stenograp~erreads back last question).
(Continued Direct Examination by Mr.Carroll):,
Let me rephrase the question.We are talking about Mrs.-Griffin
only presently and I am ~s~ing you in regards to her 'condition.>
from the time you were first empioyed U:ntir'th'e tiir:le Mr.Griffin,..~t ,...,;;,..~....j ...i .
came home,were there any other in~idents ,than the one you have
already related which indicate what she did and ,soforth?
I !.
/
...-~~'~••t:i;
prowling around two and three o'clock in the morning.I didn't mind
VVLe]~,as I said"she never liked to go to bed very early and she'd be
J ""'.
too much.I ':N"0uld watch the late shows"you know.We had the
T.V.on"'but she wasn't interested in that.And r know one incident
that happened just shortly after,oh,you want this b~fore Mr.G:riffin
came home from the hos pitaL
Q Yes.
A Well,that's just about it.
••
•
Q
A
Suzanne Weils
50
"Now after Mr.Griffin came home from the hospitall which wasl as
understand it.J April of '591 how did Mr.Griffin behave from that·
period of time on?'
We1101 she was beginning to get childish more so than before.ShortHr
after he came homel one incidentl she was working with the refrigeln-
ator and 'shecame up and she,saysl 11Honey.l come on down and see
how I cleaned out the refrigerator.II I went down once and I saw her
cleaning it out and had a pan of water there and I thought probably
she's supposed to do that.So I went right down and she had frozen
,.".
t!J.ings down below and the other things UPI you knowl in the upper
part•
Was the upper part the freezer part?
The freezer part.And she had all the bottom things up the top.
I said,ItMrs.Griffiril you've got them in wrong.n She says.J "WhYI
no.J that's the way we always do that.ItI.
So 1 didn't argue about it.
I just took her out ofthe kitchen and we,nt back and put the stuff in
its pro per pl~ce.But it w?,s just little things like that.l and she Wall d
bring up ice cream and put things on it that didn't belong on it.
Like what?
We111 if there were peas therel once she h~d spinach and stuff and
mixed it all up together.Mr.Griffin liked ice cream and I'd bring
."t ;;
him up a dishfulll say.J,an hour or two after his dinner.And
to ~-,t •
sametimes we did pu't "a'"little 'topping on .itbut she w()uld just take',
anythip,g and mix it up and put:it on the top.and mix it up for him.
~-------------..----------------------------------------
Suzanne Wells 51
It w"!-s just little incidents like that.
Q Was there occasion to pu.t some sort of gates by steps or anything
of that nature inside the house?
skillet out and the fire on and three little crocheted potholders in th
.I was downstairs"she'd be gettin,g into things upstairs.
and gave her something to eat..But that was the best way to cope
Now after Mr.Griffin came home"during the year 1959"did Mrs.
"
She said;,"1 1m.fixing pancakes:"I said""Are you,
upstairs"she was'into something else.If she was upstairs and
with her"you know.But il?-just a little while if I didn't take her
Why did you not want her downstairs?
To keep her from going downstairs.
skillet.Well"I pulled the skillet off.I says#"What are you doing;;.,
Yes.
with the pots and pans.And by the time I 'got down she had this big
tear down#you know"after I got out in the hall a,nd I could hear her
She would-:--she was always turning on the stqve.Now one evening
Why did you do that?
.hungry?"She'said""Yes."And I put her down by the kitchen table
M G
''ff'?".rs.rl In.
, I was getting him ready for bed and she would watch me and just
A•Q
~Az<>~QIIIzZ~A
i
0I-~Z
J:III<~
t-=u
itI-III•i5
oJ<0
i5:>..,
:t.....C\I
iii0:IIII-0:
0D-III0:
l-ll::>00
.J
C
0'iL
II.".0
e
Q
Griffin suffer any illness?
",
I
A Yes#.she had a cerebral.
Q She had a cerebral hemQrr.p.age,?
A Yes.
,"
Suzanne Wells
Q 'When did that occur?
t ~
"..'
"..52
A Well"I think it was the fall after Mr.Griffin came home from the
hospital.
•
•
Q
A
~Qz0<>~AUIzz~Q
i0~Az
xUI
;Q
..:u Aii:I-UIii Q...,~uii A:I.,
%..,..Q\II
!Iill:IaI Al-ll:0Q.
IaI Qll:
l-ll::I
0 Au
oJ
0(
uii:lI.0
Q
Would be the fall of 1959 •
Yes i
Was a doctor called?
Oh,yes.
What doctor?
Dr.Proudfit.
And had he beert there before?
Oh"yes",he was theiR:family doctor.
Was Mrs.Griffin hospitalized'after that?
No.
Was she in bed at all for any period of time?
Yes"she was.
Do you know what pehod of time she was in bed?
For a good while.Of course;;she w<?uld get up with help,you know.
and take her to the bathroom.But she W8;S mostly bedfast.
From that period of time on"the fall of 1959"was Mrs.Griffin
the same as she.had been prior?
A No"no",no.She was never the same after that.
Q What happened?
A She got very childish.In fact,she even played with ababydoll•.'
And she wouldn't even know Mr.Griffin.
Suzanne 'Wells 53
Q She wouldn't?
paid.by Mrs.Gr:j.:ffin?
I was paid by Mrs.Griffin up until Mr.Griffin came home from the
Woul~you say her condition aft'erithe fall of '59 improved or
of '58 until the Mellon Bank took over in June of 1960,were:YG>U alwalYs
.'".
or "What.'s going on over
Yes'•
Now during the perio'd o~tim~y~u'wer~e~ployed there from December
Would sile listen to .the radio?
think it was someqne in t1;Ie room.Because ,'she'd'say to me.."Now
No •.
Wo~ld she watch television?
det'eriorated?
Oh..no..it deteriorated:
there'?II But I'm s lire 'that she didn't realize.
what's that man saying over t!Ier~)?"
She would w'atch television but if she happened to.look up to it..she'd
Q 'And would this b~fairly consistent?
A ..
Q
~Az~>oJ>-QIIIZ
,,~
II.
i A
0t-,0~:t
,.III0(
:t
..:ua:t-III
0
oJ Q~u0;:).,
:tI-,...
N A
iiia:
III·t-Qa:0II.IIIa:
t-.'a:;:)
0u
oJ0(
0ii:AII.0
••
•
hospital.Then fwas asked to stay.Marie Henry..the nurse..came in.
In fact..she came home with Mr.Griffin from.the ,hospital.And
she came 9 in the morning .until 5 in the evening.Then I was asked
to go five in the evening until nine in the morning.
Q Who asked you?
,--------..-----------------~------
Suzanne Wells 54
1 .
,,'
Mrs.Balent.
Then Mrs.Balent paid me from then on.
1'·=,.'..,'.
Yes.
You were paid by cc:h:eck.
Oh"no.
Why not?
Do you recall whether it was a check of the Griffin's or a check of
You certainly didn't discuss it with Mr.',and Mrs.Griffin"did you?~,-II ..$
I 't ...e •II-;,-oJ ...•~
there through the day.'.Mrs.Henry took care of that.
Well,you ~ee,).I didn"'t handle anything/like that because I wasn't
Well,by check.
Whenever you had a question as to expenditure of funds or as to any
Occasionally"yes •
And were you p~id by check or cash after that?
How did you receive this money?
other household item"whom would you contact?
have occasion to see Mr.or Mrs.Balent in and around the horne?
Did you receive i~from Mr.or Mrs.Balent?·
Well»I think it was Mrs.Balent all the time.
.Did you"after that period of time"which would be April of '59"
"Well,it really was n't up to me.
"
A
I
Q
A
Q•A
0(Qz
0(
~A>-IIIZZIII Qa.
z0I-el
Z
XIII
;A
..:u Qii:I-III•i5
oJ
-0(
Ui5 A:l...
:tI-,..
III
iii~Ql-ll:0II.
1&1 AII:
l-ll:::>0 Qu
oJ0(u·Aii:lI.
0
e Q
A
Q
the Balent's ?
A No"I am sure it was Mrs.Balent's signature.
Q You are sure?
,--------..--------------------~----------:-----------------------
'.
Suzanne Wells
.A I,feel sure that it was.
55
Q
A
Do you know,what bank that check might have been drawn on?
I tl~ink the ,Mellon Bank.
Q Now when Mr.Griffin came home in April of '59~you continued on
in your employment.
A Yes..
Q Did you have .occasion to ha ve conversations and contact.with Mr.
Griffin?
A --Oh"yef?
Q How did,he behave when you spoke to him?
A At,times he was quite normal.,,,~..
Q 'W~ll n~w ,wh<at'~QY9'::.m'~an)~y',"'poFm~i,':·?"~i.a;t w~ul?'he do?
.~"'.,..)...I ~".••
A He could carryon a nic1 conversation but he couldn't carry it all
,~.
the way straight tjhrough.'There would be times he'd be tellfug
',me something,like when held go to the,Rose Bowl during football
J...,~."~.,......'•
..",~'"l
time in his young days;then·all at once he'd start and he'd say"
"We were walking down the valley."I knew he was gone for a little
w!1ile."'"And then he'd start up again about his games or his teams.
Just incidents like that,you see~that it would just be a blockage
tnere at times.
Q Would this have occurred after he came'home from the hospital
and during the year '59?
A.Yes.
Q
A
Q
A
•Q
~A
z~>Q..J>-IIIZZIII ADo.i0I-QClz
:z:III~A~
.:u Qit:..III•0 A..J.~u'0
:J.,
%..I'-Q1\1
uill:
III
l-ll:0II.III All:
l-ll::J0U
..I
0(
ij
i&:I&.0•Q
Suzanne Wells
And would it have ,been the same in 1960?
Yes.
Didi.lhe watch television?
Yes.'He loved sports.
Did he occasionally become di~or:iented?
Never with me.
Was he physically able to take care of'himself?
No.
He was not.?
No.
What did you do for him ?',
I did everything for him,gave him a bath;I even fed him,shaved
him.I just took care of him like a little baby.
And did you do this constantly ~rom the time he came home from
the hosp ital in April of r 59?
Well,1'did while I was on from five in the evening until nine in the
morning.Then up until the bank took it over,and then there were
two of us put on 12 hours each.Then the schedule was changed
a little.,
After Mr.Griffin came home from the hospital,who ran the affairs
56
,around the house?'.t,:,•.•.1
"
A Well,as I said~1 wasnlt there~through the day.And they did have
a maid that came in two oi,}hree day~':a,w~ek.And of course,
Mrs.Henry was there through,the ,day and she did the ordering
'-------it-----,--~-----:.....:..'.....:':-...:...-......-.....:''--,-'I ---.,------+-__
.suzanne 'Wells 57
and looked after the finances,whatever they were.,
Q How long haveyou been anursear companion to older people?.
A Well,thaCwas my beginning.
Q That was your beginning with Mrs.Griffin•
•A,
..'Yes.I babysat before that and stayed with children and families;
"
That was.after the fall of '59.
even know what the food was there for.She'd look at it for awhile
or Mrs.Griffin or .both of them as to their eating habits?
Were there,in the latter part of '59,any incidents in reg<3:rds to Mr.
,But of course~~:thatWas after her cerebral.
,-','0r'"to r
.,:.."
...Well,tas I said"Mr.Griffin would---I always fed him his breakfastl
I . -",". ,.t .."
t,•,.beca1,1s~q,e'was''so 'slow~"!And -Mrs.Griff,iiJ..g9t so'that she.~idn't
"','..,io <iu
and she'd say,"Isn't t1:}';tt ·pretty."Ancfth'en you'dget her started,
when the families w'ent awa:%I would stay"with the children.'
:she was all right.
..:u
"0:IiiQ..<oQ
::l..,
:tI-
l;j Q
~z<>'~QIIIz
ZIIIII.
'i.o..~A
xIII'<~
•
iiiJl:~A:Jl:,~
~Q..Jl:::loU..<u
ii:
\I,o
A
Yes.
Did th.€se incidents or the.acts which both Mr.and Mrs.Griffin
performed'become---did they occur more often in '59 and i60 or
less often?
Well,you see,M:r:-s'.Griffin-got so th?-t she,as I'said,I just.
thought she'd probably be.likea12 year old child.,
Q How about Mr.Griffin?
...
A Well,I can't say much as far as his mental condition.As I say,
he would get confused at times.But he '<1 always know people when
they came in and was very nice.He never got like Mrs.Griffin.
:-------~~--------------~I',---------------~----
Suzanne Wells
Q Did his condition improve or become worse from the latter part
of '59 to early part of 1960?
58
A
Q•A
iQ
~>oJ~AzzIIIII,
i0..0?::z:VI~
,~Q
..:u
ii:..VI•Q
.~AuQ
:l.,
:t~,..
C\I Q
iii.II:
III..II:0II,III'0:A..II::l0U
oJ~uii:QI&.
0
e A
Q
'A
Q
A
It got wors e •
In what way?
I think physically and mentally.
And how did this manifest itself?;What did he do~~you canrecall?
Well.naturally he couldn't do the things Mrs.d;iffih did because
he wasn't able to get around..i?rid he wouldn't know even to tell
you he had to go to the bathroom.
I see.And so he was';-'--are yop.indicating that he was pretty well
~'."itt~t .'-.~....~~
•#
bedridden?'.....
.,'
Oh".yes,he was.We put'him in a wheelchair.but with help.-But
~..~.,..
I .'otherwise"why"he just couldn't"he wasn't responsible at all.
.And you were awa're::jwer~'y~u~ri6~i ,that there was some type of a
,
proceeding to determine competency as to Mr.and Mrs.Griffin?
Well"all Iknew was Mrs,.Griffin's niece~were interested in havin~
the bank taking over.
Do you know whether or not the bank did take over?
Yes.
I And were you st~ll employed after the b'ank took over?
Yes.
Do you know when the ba~took the estate over?
I think about '60.
Suzanne Wells 59
Q
,
A
Q
,A·
•Q
•
vyhat part of the year,do you know?
In the late summer.
Late summer of '60.From that time on you were paid by the bank.
From April of '59 until the bank took over in the late summer ~f '60;
A Yes.
by whom were yo:u paid?
A 11th of June..'62.
A .By Mrs.Balent•
Your Honor,1.object to
We can see no connection
.
··f ~.!;..":i.t r!
I don't believe this is within the offer of
THE COURT:
1~.".
MR:'FERGUS:.,
.f '"
,.-p.roof at all.
Mrs.Balent.
this,.1ine of questioning~
Yes.
By whom were you contacted?
to a claim they had against Mr.GriffinI s estate?
A-
A
Q
Q Now were you contacted by Mr.or Mrs.Balent after that in regard~.,
Q When was that?
Q Do you know when Mr.Griffin died?
~z
'.~>~
.~zz•IIIII.
'i.0..
C),z
:rVI~~
..:ui..VI•i5
.~
-{.~0i5
:l.,
J:..r-
(II
iiiItIII..It0II.IIIIt..
It:l0-
U
~
0(
0
ii:
II.
0•
between the claim against the estate and this testimony.
..<t:~-
..-,
Your Honor.
MR•.CARROLL:This will go further,;.".
,~:i~~.,,"
to prove our contention that Mr.and Mrs.Balent or
Mr.Balent was an agent of some type and rendered services to Mr
------------",------------,------,-------------------=--------
Suzanne Wells
,
Griffin.'The testimony is offered to show that there was contact"
for the purpose of Mrs'.Wells testifying to services which the
Balents had rendered c:Iuring the lifetime relative to a claim they had
placed against the estate of Mr.Griffin for their services to show
both what w.e hope to be the confidenti~l relationship as well as the
,agency rel,;.tionship.
60
THE COURT:We canrt see the pertinenc3,
C?f that testimony.The objection is sustained.
MR.CARROLL:All right~Your Honor•
.
Mrs.Wells)bas.ed on your working with the Griffins>on your ob-
servation of their conditions and,the acts which they performed~are
you able to state in your opinion whether or .not Mr.and Mrs.Griff"n
were mentally competent In the year 19"60?'
MR:'FERGUS:Your Honor"I have to
".object.1 think that my prior objection was overruled on the basis
that if this is your decisiop.and would not be-";-Mrs.Wells may
be able to testify as to sp'ecific incidents but I don,'t believe she
The,objection is sustained
can testify as to mental competency.
"."
4 .~/
•..f.ill.'','THE'COURT:
\,"..
Woul~you have conducted business with the Griffins directly during
,
the year:1960..Mrs.Wells?,.,
A No..,
f ;.-;,..,
Q Would you not?
,,
A No.
Suzanne Wells
Q Why not?
MR.FERGUS:'J object,Your Honor.I
don't understand the materiality of this question'.
Were you present at any time when either Mr.or Mrs.Griffin•Q
THE COURT:The objection is sustained•
...~..,"
Would that have been handled.in the daytim-e~to your knowledge?
would have executed papers or any instruments for Mr.or Mrs.
,.
...,.
!".~.~j'"",
',;
'.
It follows tha.t she wouldn't
~.,
"
"'
THE COURT:
'j
A,
know'.
anytping or not}
M;R.fERGUS:./,,:I object,,,Your Honor.
She was not present•.'Hov:would ~he kn~w whether there was ever
.~J ;No.,.-.,
:!:z0(~>-IIIZZ~A
io~Qz
:J:III
0(
~
..:uitIii
jj..e
ujj
:>...
J:......(II
•
iii~Q
'11:olL1&1II:
l-II:
:>8 A
.I,e
~Q...o
A
Were Mr.and Mrs.Balent handling Griffin~s affairs in the latter
part of '59 and '60"early pa~t of '60?
Well,it's up until the bank ,took over.
They were handli,?-g it?
Yes.
Q That's all the questions I have.
,Suzanne:Wells 62
CROSS EXAMINATION BY MR.FERGUS:
Q Mrs.We~ls;did you know Mrs.Balent prior to her contacting you?
•
,A
Q
No •.
ls'-it unusual for a friend.of the family to contact you for .employment
MR.CARB;OLL:If Your Honor please.)just,
'.
That's right.
MR.CARROLL:.I don't have any'other
You are excused,Mrs.
...
MR.CARROLL:,I don't know'whether the
THE COURT:
'"~\~"~I THECQURT:.:~'I think that is 'c~rreet.
i "~_,,'t ,........
~.
(Witness exc us ed).
Wells .
I have no,more questions,~ol.ir Honor.'
.
Would that same statement apply to Mr.Balent and Mrs.Griffin?
You testified to the fact that you never saw any paper:sexecuted
questions"Your H.0nor,t unless the Court does •
lTch'at's right.
1
between Mr.Balent arid,Mr'~Gr'iffin;'is that correct?','
isn)t capable of giving.\She doesn't knq'w ~hat.
r ••
a moment,Mrs.Wells.I.think that calls for an opinion which she~z~>oJ>-CIlZ
Z
III
II.
i0..
;Q:r
CIl-e~
t-=u
,ii:A..CIl
,0
~Q-0
0
::l A.,
:tl-I';'III Q
iii0:III..0:0II.III0:..0:
::l0U
oJ<
uii:...0•
•
other witness is here yet or not"Your Honor.She indicated she'd
be here around two or two-thirty and I have asked Mr.McIlvaine
to go out and see if she'is here.~ould I beg the indulgence of the
Court for a ten-minute recess to see?
recess.
.t'
Arlie Ott
,THE COURT:We will have a ten-minute
'~,.
63
,.
Harden is not here"
MR.CARROLL:,,~'If,Yot'P::Honor'please"Mrs
,,.."~.,...~.",'-.:-.:.~,..~.
Mrs.Joseph Harden.I have tried'calling her
";~I _
home and got no answer.I understood she would be on the way.
f ro-7,..
"Now'with the Court's permission..I could proceed with other aspects
.....\.......,..,;
of this case which were sim'Hat-to the ,ones I presented at the initial
hearingl subject to the fact that Mrs.Harden wquld show up and
.testify as to the relationship between she'as an ~mployee and the
Balents during '59 and '60.
THE COURT:
:
ARLIE OTT,IS RECALLED.
DIRECT EXAMINATICN BY MR.CARROLL:
,You may proceed.
Q You have already 'been on the stand before,Mr.Ott",ar;d.you have
•A
Q
A
been sW'.<ii>nn and soforth.
Yes.
~l j ...
You are an officer of the Mellon Bank"is ,that correct?
'That's right.
Q Do you have with.you any of the records which Mellon Bank had
relative to a diecking account which was'opened by Mr.Griffin or
Arlie Ott 64
Mr.Balent on his behalf and which would encompass the years of
'59cand '60?
MR$FERGUS:Your Honor,I obj ect to
this question as being irr.eleyant and a breach of the fiduciary
opposite party•
and the Griffins,and I'ask for an offer of proof.
In addition"this will;show that Mr.Balent
relationship between---confidential-relationship between the bank
The obj ection is overruled
If Your Honor please~ifMR.CARROLL:
TRE COURT:
of '58 and most specifically"59 and the early part of '6~befbre ther
had control of certain funds of Mr.and Mrs.Griffin and was managing
relationship,if any there be,by virtue of checking account recordsj
,,'~1-,-..,
and controlling the affairs'of Mr.Griffin during the period of time
I .
of Mr.Griffin"..and of the person who creates the confidential
it's up to us to assertt the co~iderice of the rE':lat1onship/not the
there is a breach of confidential relationship.,it is one ~meh we
are willing to accept.We are.now~as "1 understand it,in the shoes
'was a competency proceeding before this Court.
•<z<>~>-UlZZIIIa.
Z'
0~
ClZx
Ul<~
.:uit~UlC•~<
UC:J..,
:t..,r-
N
iiiII:
III~II:0Q.
IIIII:
~II:
:J
0U
~<
u
ii:I/.0•exception n~ted.
Q Do you have thosej.Iecords with you?
A I was able to produce some records from---the question is on the
checking account?
Arlie Ott
Q Yes",on checking accounts.
A From checking 'accounts from the commercial side of the bank~this
is in regar~to the subpoena addre,ssed to,Mr.Marshall~he asked
that I testify a;S to these records'also.
65
Q May I see those records please?
A Is this on,all acco~nts?
Q Can I see the records then I can tell you.I am specifically interest:.d
in any account which was opened on behalf of Mr:~o'r Mrs.Griffin
in whIch Mr.Balenf was either an authorized signature or party.
Do you have any of thos e records?
AYes.
Q Will you~for the record"state when that was opened?Give the
account number and -the person authorized to execute the checks
under that authority•.
...
please?
Can you"for the record~identify that account"card and ledger '~heet
iiiD:III
'ItoIl.III
D:
I-D:::>,0u
..J0(
~Q
II.o
MR.FERGUS:
THE COURT:.
an opportunity to look af that firs,t?
-,;.
May I see those?
Will you give Mr.Fergus
,,
A
,
The registration of this check~ng account is in the name of Andrew
Balent~agent for Shan Griffin.This acco'l.int was'opened bY~Mr.
Balent April 12",1960 and continued as an open account until July
7 ~1960.
Q What was the opening deposit s'hown thereon?
A The initial deposit was in the amount of $1400.I believe I said
- ---------------~--~-~----_:___c---
Arlie Ott
the date was April 12;the date of the first credit was April 13"196C.
Q ;:,There are a number of withdrawals"were there not"on that ledger
'sheet?.
66
A Yes.There's a substantial number.Perhaps"well"over two mont s"
some 30 or 40 items •
.Q Ana your bank does not keep photostatic copies or records of the
checks,which these entires on the ledger sheet represent"do they.?
,"
A Not normally.These ch'ecks.would have accompanied the customer'
statement"which is now sent monthly and may have also been at
that time.
Q Now for the rec,?rd"Mr.Ottl you also have other ,acc~)Unt cards
,.
and ledger sheets ther'e,for both 'Mr.and Mrs.Qriffin"do you not?
A I do..
Q Would you identify each of those please?
iii,a:~Aa:o.D-IIIa:
....a:
:J,0
U
oJ0(
Uj;:
U.o
The .first would be a checking account in the individual name of,Shan
M••9riffi.~"operiedI!"ebruary 24"1931.,r d?n'thave all the ledger
cards •.This acc'ount continued under,that individual,control until
J '.'f .•
August 61 1958;1 at which)ime Mr.Griffin gave a.Letter of Attorney
to the bank"designating A~torney in FaGt power to his wife"Sarah.~."'.[....~~..'
R.Griffin;a~d the account rem,l'lined..o.gen through May 2"196O.
1"'j'~,'~~:r ~,•.J''!'"y
Q What is the closing balance on-that account?
A The last withdrawal was in the amourit of $610.40"resulting in a
zero balance.
Q Would you identify the other account card and ledger sheet you have please?
Arlie Ott
A "The card is in the individual name Sarah R.Griffin.The account
is opened during March~1931~and has remained under that individuc 1
'control when the ,account was finally closed July 7~1960•.
67
,Q What does the withdrawal in that account show'as a balance?
•A Final withdrawal was in the amount of $1312.00.
the materiality of all these questions.1 object to them on that basis.
'Thank you.On the firs~ledger s~eet which you have identified as
00(z',
00(>oJ>-UI
Z
Z1&1
,D.
i.oI-elZ
:z:~Q~
Exception noted.
MR.FERGUS:
THE COURT:
Your-Honor,I fail ,to see
The objection is oyerruled.
,e
-
~uii:I-UI
Q
oJ~
U
C
:I.,
:tI-r;A
iii0:1&1I-0:oD.1&10:
I-0:
:I
8
oJ
00(
'0,iL
II.o
Q
A
Q
A
Q
being one opened by ~r.Balent as agent~is there any deposit there-.,
on that is showing,a transfer ,of the monies from either of those accol.mts
which you have'just identifled~Shan Griffin or Sarah Griffin?
1 pre.vioouslY mentioned the fin'al withdrawal·in the account of Shan
Griffin~$610.40.It would appear that these funds---there is a
"
deposit under'the same date,May 2',1960~to the account of Andrew
Balent as agent.There are no other funds from either account that
1 could show into this agency account.
Now how about the account ofSara,h Griffin?
There do not appea~to be'any'checks,equal to a credit on the other.'
.,'
account during the period of the,:agen'cy account.
And what is the period of time 6f the agericy,account?
April 13"1960 through July:,7 J •'60.
_. _ f ,!:.'\.)'".'~,~t ~\'"
And what 'is the withdra:wal d~Hefor the las(balance shown on Mrs..'t ~t -..-...'+...~
.'.
A
,
,Q
A
i•Q
~,z~>oJ A>-'Ill
ZZIII
Do
ig
ClZx
III~~
,
Arlie Ott
July '7,1960.
How much is shown there?
Does 'the·bank ha.ve:any method of determining who or how'those
,.accounts were closed?
In the case <;>f Sarah Griffin,this withdrawal was made after our
•i.
.~ardian appointm~nt and is an inventory asset in her incompetency
proceedings.There is also an inventor'y i,tem in'the inco.mpetency,
proceedings for Shan'Griffin"listing'a check ·ofMr.Bcilent as agent
68
.,
Your bank was then appointed guardian of Mr•.Griffin's estate at
M,•t
for $902.76,which would appear to be the last check on this accountt-=uitI-III~Q
~"
§o
:J,.,.
:I:I-~A
..".,~'.:.
the time of:-geclar~t.ion'9f rnco~pe~ency•..~~e !'..~•j'"t'1-..,....i,~~'!lo
....••~•~_J {;
That is correct.
,.'
".
!1i0:~Q,
a:'.'00.'.~A
I-0::J8 Q
oJ<
~A...o
.Q
A
Q
A
Did your bank also handle his estate-after his death?
•"'.'f'....,,.
,We did.
And were you a 'trust officer of the bank 'at that time?
Not at that time.But 1 was a trust assistant at that time.
,.
Do you h'ave with you any of the records of the account or audit of
the estate of'Shan M.Griffins,also known as J.Shannon Griffin?
This is the decede'nt1s estate.
:This is the decedent's estate.
I have---well"I brought our file with .us~which undoubtedly
contains most of the records.There is also other parts of these
Arlie Ott.,...-
i '
';;'.
,•r"',..'~.'..
,'
t;..~:'..
,,'r
yapers which might be in another file~but it's not'convenient to me
'.....
"..
a.nd I·have ~lOtb'een'ab,l~19 ·get ~t~ein.~.,',i'
.Sf.r ."",~.
"'.
•
I have a specific item in ~in:d.AE!the executor of this estate.did.
.'.-~. .t .
you receive'notification of any claIm or Claims on behalf'of'Mr~
Andrew.Balent or his wife ,or both ?
-.
vi'
'"II:•\II,...r
II:o0..\IIII:....
.-II::I'.0 'u
'oJ
0(
-0,.ii:...o
;
Balent?
"
'The obj'ection is overruled.
..
, I object to that.questioIl.JMR.FERGUS:
TH,E COURT:
Your Honor.
i have"one statement w~thrrie:For ,the p,urpo~e of,the re,cord"Mr.,'
Yes.
Balent was a claimant.two-fold."The bank as guardi'an by authority
,-"'..'I.''...I ....
_••I
of the·Court ha.d:borrowed certaiwmonies .fi~m Mr·..'i3alentand he .
.,'\.~.:.
,::.~j'~
Did you rec;eive a.written ns>tification or ,statement from Mr.or Mrs.
••-•-',..'or-
will~we borrowed,additional monies from'Mr.Baient.-So he was
,,
w~s theref<;>re creditor.'.And as executor~under the terms of the
~.-..'
.Do you,have it with you?
.We ,did;,,'.'
j.:uii:...III
i5
oJ A~
'0i5
:I Q.,
:tl-I'-N A
~A'
~..>,oJ>-III'zZ\IIlI.
Zo...
eI~,,
XIII~~Q
'!"
,'holding jUdgmen't notes of thebarlk signed either,as-guardian or
••.-4''"'••
~xecutor'ina total~mount ,?f $20-,OOO~"\Vrichwe .w~re payi~g intere t
on~as authorized by the term?of the will,.But we were never able
to accumulate suffisiEmtmonie.s to plake any principal repayment..
as suggested by the will.
,IIi addition to the deptor-cre.ditor relationshi
----------11-~--~-~~---~---,·;-,--,-----~--~---------.,---------------'\'.:£:.;~_~....,f ~
Q
·A•Q
0(Az~>.~QIIIZ
ZIII AII,
i
0I-0 Qz
:J:III~A~
..:uii:I-III•Ci Q.J~
~o .
:l:A..,
J:l-I'-N
l1i0:IIII-0:0II,
\II
0:
I-0::l0U
.J~
uii:ll.0
e
+
Q
Arlie Ott
in that res pect,Mr.Balent submitted a'written statement during
.,
July"1962;it!s a joint'~tiltement of Mr.~?-nd Mrs.Balent.
Is it signed by both?
It is.
To your knowledge is that their signatu.re?·
I would assume it as such.
When is it dated?
July 9"1962.
And to whom is it addressed?
It's addressed to the Mellon National Bank and Trust Company"
Executor of the Estate of ~han Me Griffin..deceased.
Will you..for the record,.state what the claim'is?
This statement is in the nature of a bill or statement rather than 'a
letter.It's addressed to the bank as executor and it reads,
"For services rendered Shan M'.Griffin,in handling
,
his personal affairs,in a capacity similar to guardian without Cour1
appointment,from November..1958 to June 16..1960;rendered at
the request of Mr.Griffin a"nd his attorney,consisting of receipts
and disbursements of sums of money totaling $29,315.00;prepar-
ation of various accounts a.nd reports;variqus and·sundry services
rendered for the protection and comfort of Shan M.Griffin.The
account here rendered includes also services,etc~.t rendered to
Sarah R.Griffin"wife of 9h~n'M.Griffin.II
What is the amount of the clai"m?
70
'--------_.....::._---------------------------
·71
A '$1500.00~t',I.",""
.'
Q .'Do you also llave correspondeJJ.ce in your file from an attorney
"relative to this claim?
This letter is also.address ed to the Mellon National Bank and Trust
And did the bank receive tnillsl.1ieltiterLd>h:~orabout this date?
f'",\
"
•'If-,
,....;
I noted on the corner that the letter was received in triplicate
_ .i.>'c""...'-..\I .."-..:
August .7".'i962..,,prior to i~s!ini~lal fihng.
:."~',.\.~~~~,'~~'.':.-.+:,t/~.~.~.,.f.~':'"~
Has tha't leVer remained 'in the bankIS'files'to this date?
And is it signed by Mr.Spriggs?
Yes.
Yes.
.._~r '..
Company",Washing,ton".Pennsylvania'br~nch,.,.Executor of the Estate
It's dated August I,.,1962 •.'
ItIS on the letterhead of Mr.Spriggs.
of Shan M.Griffin",deceas ed•
And is it dated?
To-whom is that letter addressed?...
J os eph ,C•.Spriggs.
,'Arid'w'a.~..he 'th'e aU6rney fo;M:r~Griffi'rii .
Yes~
,,He had been the.attorney for'Mr.Griffin..,..
..,"Who is the attorney?
..•t ,
Q
A
Q
~Az<>gQ
zz
1&1
'II.A
i~'
~Q
J:Ul<A~
-to=uit...."UlQ
..I<
Uc Q:::l...
:tI-,..
N A
iiill:1&1 Ql-ll:'0Q.
1&1 All:..Il:
:::l0 Qu
.J<u Aii:II.0
Q
A
•
•
A It has.
Q
_'f-'.0',lWouldyoureadfortherecordthecontentsof that letter please?
".
'i',Artie'.Ott 72
A ,The cOITlplete letter?,
A I gave the address'ee previous •
.'
!'Deat-Sirs:The,undersigned c~aim,s'of the
.'
illness ..
,the payment-of such bills •.Claimant avers that he had repres ented
the said Shan M-..Griffin for upwards of 30 years before his said
.'
During the early part of his illness and while
1,'"
,.
.~..
..,
..
"
,~,\.-'
The natur'e of the 'services rendered by the~""".~ole i·.,.I
~,...4'..t _.,~~'P":"~'."'t •.~•-'••-II',t
c1aimarifse'emed}o be tO,the re"quirement that 'all expenditures mad
said Andrew Balent to consult a'nd adv~se with,the undersigned as to
,'
accrued"and also from'such deposit as the said Shan M.Griffin
est8:te,of 'Shan M.Griffin",'the Bum of $~.t 500.OO~representing legal...,...
c,onfihed in WashingtonHos'~pital~thesaid Shan M.Griffin authorize
"'j ,.'".,,.,"'"",'\••,'
bills"taxes and insurances,),and other necessary expenses.
The said Sha"n M,.·Griffin further directed
properties owned ,by said Shan M.Griffin~..andfro'm~as the same
•••,:'"'.>
servicesrendered,Shan M.Griffin'in his lifetime".and consisting of he
,following:
"'\'Andrew'Balent to ac't as hiS"ageritin the collecting of rentals from''.,.....'...~--,.
,'already had in the'said bank!and trust company~to pay all hospitC3;l
•.0(
z
0(>.J,>Ill,
ZZIII •.11.
i.0I-elZi
III0(
~
..:~lI:I-III
1i .,e .J0(
(;
1i
:J'"':tl-I"N'
eti
lI:IIIl-ll:00.IIIlI:
l-ll::J0
U
.J<
uii:ll.,0
e
,'
,from his said,bank a~cbuntw"'er"e for"in 'the opinion of this claimantvt
•'•1',"'..;\•;,Ji .,.r,I"',,1•necessaries.",~,',..I ."'f'"''
•
•
0(.'z0(>.J>-III
Z
Z
IIIII.
i0I-0Z
:tIII0(~
..:uii:I-IIIQ
.J0(
uQ
:::l.,
J:......
(II
.iiia:IIII-a:0II.
IIIa:
I-a:.
:::l
0
U
.J0(
uii:l&.
0
"Arlie Ott'
Bank and Trust 'Company its cooperation in submitting to this claim::nt
copi"es,}of statements rendered monthly by said bank to said Shan
M..Griffin.Thereforel the claimant drew necessary papers for Mr
Balent to act,as."agent for Mr.Griffin in the 'collection of rentals _
and paYni~nt·of bills.It was arranged with the said Shan M.Griffin
and Andrew Balent that.all'expenditures should rec~ive the"approval.,
of this'Claimant.
,
The duties of the claimant were made express y
arduous'by thefactthat it was necessary for this claimant to consult
with the various relatives of the said Shan M~Griffin at least bi-
monthly 'and to advise them of the physical condition of the said Shan
M.Griffin and as well.,the conduct and expense involved in the
maintenance and management of the ~ome of ,said Shan M.Griffin
,.
and ·his wife.
The period during which the said services
were r,ender.ed be'gan shortly after a fall wh~ch the said Shan M.
Griffin sustained about his property on the 9th day'of,November.l
1958.,and continued until on or about the 16th day of Junel 1960.
During said period.,sa~d claimant supervised
the collecti,on and expenditure ofupwar:ds'of $30:,060.001 all having
been paid to the hos pital and to the nurses Who attended upon said
Shan M.:Griffin and to taxes and othernecessi:lryexpenditures.
Th is claimant avers that he has never receiv d
any comI?ensa~ionwhatever for the services abo've outlined.
73
~-------------..----------------------------------------
Arlie Ott 74
This claimant avers that he has obtained the
services of Richard G•.Miller,Jr.~Esq "attorney of the Washingtc[n
County Bar..to r~present his interests in advancing and prote.cting
''''
There was.
"Yes.
the record before this Court.
Signed..JosephC.Spriggs~
I show you one dated January 30•.'64,at 288 of 1963~A.A."and
There was an adjudication and decree following this,was there not?
Court of Washington "County.
From the audit petition at Number 288 of 1963".A.A.in the Orphan '
No".'that is read from the record of this~Court.
,f 1 .......'"r
by the .c,laimant,and we neither admit no'r deny said claims.
-~'-I
..'...~.,y~ow yo~ar·e~e?-ding.am I.not correct...fr'0m:the Audit Petition of .
,:1 ~"~..I ~.II'
Did your bank,in its Audit Petition"acknowledge receipt of both
We entered them,in the proper space..with the comment that the
executor or the petitioner had no knowledge of the services rendered
Did you admit or deny then:?
of thes e claims?
.
In part.Do you wa'qt it .read exactly?,
said claim.II..
•Q
0(
z,0(.'~A>-UIZZ1&1 QIl,
i0I-AClZ
',011'":I:
UI0(~
.,:uii:I-UI•i5 QoJ
~.u
0
:J.,
:t
l-t-Atil
vill:Q1&1l-ll:
0D-1&1 All:
l-ll:
:J
0U
oJ<
u Qii:l&.0
AeQ
,
ask you what the disposition o~thos e two claim,s'is on that adjudication?
A The adjudication has awarded to Joseph C~Spriggs through Richa'rd
,G.Miller.Jr.".claimant..,further reference to at number 104 of
1963 claims..payment in the amount of $750.00.The decree also
•
Q
~z.~>oJ>-UIZZIIIII.
i0I-el Az
xUI~
".~,
_._-------------~--_._._-_.._.-
,I;
',t:
Arlie Ott
,
awards to Mr.and Mrs.'Andre'w Balent through Harold V.Fergus"
Esquire"claimant per compromise"$750.00.
Now going back to the chec~ing account records"and keeping in mine
Mr.Ott"that we are.talking in terms of approximately $30"000
handled by Mr.BalEmt"and also advice by,Mr;Spriggs from a
pyriod of time of November",'58 t.9 June .?f '60"wi~.l you ~ook at "
Sarah Griffin's iedger sheet and s'tate for the record the last credit
or deposit 'in that ~ccount"its amount and date.
The last deposit or credit to the checking account of Sarah Griffin
was May 4"1959"inthe amount of $101.59:
75
Q Will you do the same thing ,for the ,Shan-Griffin"Lstate)the last
Q,And 'go back to the approximl!e time of November of 1958 on that
.:,0itI-!!!c•oJ~
U
C
:l...
:tI-....N
iii.ll:IIIl-ll:0II.
III,a:
I-a:
:l0U
oJ0(
0
j;:
lI.
0
e
A
A
ledger sheet"..are th,ere any deposits from November of '58 to May"
,~.~..
the deP9sit which you have just"recited?
There are no deposits duringthat period of time.
deposit made and any deposits maae from•.November of '58 to.,
the last deposit.
The last'deposit in Shan M::'Griffin1s"checking'account was April 6"
:':•..';.....oIc·of<..~.,r "~.~~
1959 in the'identical an1o~l1t/.$1'6i'.-59,.'~Beginning..with,November"
1958",there :was'a deposit'on-November 4"1958 of $630.QO.The
•"it."","#;fj~."',
next deposit wasMarch~4~'1959,t $101.59'.And the rem~ining
deposit was that mentiori'ed,preY~9~rlY.t \Ap~il'6..$101.59.
,
Q Now thes e are the only records which your bank has of a checking
account for Mr.'and Mrs.Griffin"is that correct?
Arlie Ott
A Thes e were'the only records we were able to produce after sea'rchin .
Q And the only other record you have relative to funds or a checking
account in the name of Shan Griffin is the one which you identified
•
•
A
<Qz<,>.J>-V!ZZ.~A
io...Q'0
Z
:J:
V!<~
,~
0:...
V!i5
.J<
ui5:J.,
:tI-"III
first here as that of Andrew Balent,agent.
That is correct.
',And that period of time'of that account is from April 13",1960 to Jul
Yes.
-.
.Do you a~so have with';:Y0u'o:r ,are:you cognizant.of gny fil~$'or papers
which the Mellon National Bank and Trust Company would have
handled as trus tee under the last wil~an9 testament of William
McKennan Smith and dealip,gf\yith property situate on North Main
;.\."'....'.',
Street which the estate of William McKennan Smith would have owne i
involving 11.3 feet 'and adjoining the property of Mr.Shan Griffin?
the introduction of this as being irrelevant.
am attempting to show that certain papers were executed by the
..
bank as trustee under another E;,state and ,:conveyances were made•
iii0:1&1Ii:oD.1&10:..0:
:JoU
.J<oii:l&.o
NIB'.FERGUS:
THE.COURT:
MR,CARROLL:
Your,Honor"I object to
The objection is sustained
If Your Honor please",I
directly to Mr.Balent or to Mr.Balent as agent for Shan Griffin.
And I think this ties.into the proceedings here on the basis that it
shows,I think we have shown an.agenc.y relationship;and this
would be a culmination of the agency and we.consider it a breach,'
I ,,
Arlie Ott 77
6f course~for the Colirt's decision.l on the basis of the facts pres ent~d.
record?
-,.
THE COURT:
"
MR.CARROLL:
THE COURT:
You have an instrument of
Yes.,Your Honor.
Indicating that- --~he
.
instrument ofrecord will note the consideration;you cannot vary
the consid.eration by ora.l testimony~,:.The ins~rumerit of record will
"s peakfor itself.
MR.,CARROLL:All right,Your Honor.
I would ~ike,~o then,at this time"Your Honor,introduce three
records of the Recorder'of Deeds Office of Washington County,all
,of which have been certified by the Recorder as a full and correct
copy of the record of the instrument and the Recorder's seal is
\-1
attached thereto.
The first record is a Power of Attorney between
J.Shannon Griffin.and his wife"Sarah R.Griffin",dai ed February
10"1960"and authorizing Andrew Balent to deal with a certain
easement or right.
THE 'COURT:
MR.CARROLL:
,.What is the place of recor ?
The place .of record"Your
,,:,.
Honor",is the Recorde'r"s Office of Washington County on February
16,1960,in Power of Attorney :Book Volume 17"page 587.
The next item,Your Honor",is a Deed dated
Februarv-l9.1960,and recorded in Washington County Recorder's
--------------------~----------,-~-------
Arlie Ott
Office,May 19..1960,in Deed Book Volume 1076,page 51.And the
grantors,.in that Deed are the Mellon National Bank and Trust Company,
r
surviving Trustee under the last will and Testam,ent of William
McKennan Smith"deceased~and Fidelity-Philadelphia Trust C?mpar y
and John W.McIlvaine,Executors of the Estate of U.S~Grant Smit .
The conveyance is to Andrew Balent and Margaret M~.Balent..his
,
wife,and is a conveyance of 1L 25 feet on the East side of North
Main Street in the Third Ward of the City of Washington.The·
78
i~strument·:r;ecit~s a c<;:>nsideration of $.11,)300~00.
1.-...~'.".,.'..-'i',~'~!"~'.,~_'..I ~,~.__t •.,,"j
.,THE COURT:That is Volume 1076,page
what?..,
MR~CARROLL:51.It is also certified
•j ,
Your Honor,in the sam'e manner-as the othe'r instrument.The
next item."Your Honor~is an Indenture between Mellon National
Bank and Trust Company arid the Fidelity-Philadelphia Trust
Company and John W.M,cIlvaine.It is dated February 18"1960.
It's a conveyance to J.Shannon Griffin arid Sarah R.Griffin,his
wife by their Attorney in F<areit;oJ:Andrew Balent,anc~iL.conveys an
easement or right and privilege which Mr..Griffin has over the
1L 25 feet which was conveyed..,The consideration'recited therein--
THE COURT:Just'a moment.You say
.".../
it's from the Philadelphia-Fidelity and soforth to Griffins?
Andrew Balent'"
MR.CARROLL:By their attorney-in~fact,
----------------:-----------------------------
9
THE COURT:To Griffins?
'MR.CARROLL:Yes,Your Honor.
THE COURT:What are they conveying?
THE COURT:What is the volume and
MR.CARROLL:Yes,Your Hon-or.
Griffin~then;it's,a conveyance from Griffins.
;stan?,it,is a mutual re~ease of any interest which either party might
It's not a conveyance to
The instrument,as I -underMR.CARROLL:
have over this 11 ..2,5 feet and---
I
THE COURT:
~.z0(
~>-IIIZZ
1&1
Go
ioI-elZ
J:III0(~
•
of record in Deed Book 1284,page 1'085"and it is recorded Septemb 'r
11,1968.'And there is attached a survey of the 11.25 feet which
<'
•
page on that?
MR.CARROLL:That one,Your Honor,is
be properly labled as our exhibits and be admitted into evidence.
I \Y0uld move.Your Honor"that these items
are irrelevant and immaterial.The Power of Attorney froJ;11
was cony~yed'to lVIr.Balent.The consideration recited is $1.00.
~.
1 think,they
'",
Your Honor,I would
"""
MR.FERGUS:
object to haVing these ,actmifte'ct as evia~nce.
iiilI:1&1l-ll:oD.
IIIa:
l-ll::JoU
.J0(
uii:II.o•..<
",
J.Shannon Griffin to Andrew Balerit'is dated several years before
his death and ~f no ,j,nterest to 'this pLroceedings,I 'don't believe.-~....
The deed from Mellon National 'Bank and Trust ~ompany to
Andrew Balent and Margaret Balent is proper~y that they
•
owned,we w:illadmit,but has no bearing o'n'this case.And the
Indenture,whereby Sh,an Griffin and the Mellon National Bank and
Trust'Company mutually gave up rights in 1960 is again.a matter
not before this Court properly•
MR.,CARROLL:'If Your Honor pleas e,
before yoy make a.ruling on this,'I would like to"have the records
of the incompetency proceedings of Mr.Griffin which is part of.
the records ,of this'Court,I'd like-to have those here to demonstrate'
to the Court ·the dates and times and soforth which we are talking
about relative t6 this proceeding.
80
THE COURT:The incompetency proceedip.g
,
will be ruled on separately.They'will have no effect on the ruling.
of this,Court.with respectto these three exhibits that we are now
considering.
Th~,robjec!ion of couns el to ~the admis s"ion
..'"''"~l,'.,I.. •,,..;f 'i":·\...~_:..,"-..
of the three exhibits .1s ove'rruled,and the thr'ee 'are received in
'.
evidence and maq,e part of ,~his record.Will you please mark them?
•,...~JI t
(Stenographer marks Claimant's Exhibits "A"~"B"and "C").
THE COURT:These three exhibits ·being
Claimant's Exhibits IrA Il~"B"and ttc"are received in evidence.
MR.:CARROLL:Your Honor"'I would
like to have marked as C;laimant's Exhibit the application card and
ledger sheet 'for the three checking.accounts which have been
~-
81
,
identified here"that.of Andrew Balent"agent for Shan Griffin;that
,
of Shan M.Griffin;and that of Sarah·R..Griffin,as well as the
•
cicUm by Andrew Balent and that of Mr.Spriggs.And I would move
their admission into the records at this time.
If the Court please..I would
"
many do you'have there?
these to be a part o{qur:.c·onfidential records.
prefer if these are to be admitted,.they be photographed~We consid r
Mark them consecutively
I have five items,Your.Hop-or.
Welll Mrs ..Hammond can
0:r'copies thereof..'Your
Shall we identify them
We shall.admit photocopie~
'..;
MR.CARROLL:
.
THE COURT:'
THE COURT:;'
MR.CARROLL:
THE COURT:
MR.,CARROLL:
"H"...Cla~mant'?EXl::1ibit's~will be received in evidence and made pa t
after the "c"that you have~.It would be "D11z "E"",'"F"""G"and
do that.'She will mark them later after ~he phocopies are'made.H<w
,,. Iofthes'e instrument~·in the .re,cord.
at this time;certain 'exhibits ?
.,Honor.,c
0(
z
0(>..J,)0
IIIZZ1&1
II.
i0,I-
ClZ
J:VI0(~
..:ua:I-IIIi5
..J~ui5
:J.,
:t~,..
N
iii0:
1&1I-0:00-1&1
0:
I-0::J0U
..J0(
§
I&.I&.,.0•
•
of the record.
,
MR ..FERGUS:"~..,
/'
r •
If the Court pleas eI I I d
THE COURT:..The objection of counsel t<
:t.
Arlie Ott
the reception of these exhibits is overruled and an exception is notec.
82
MR.CARROLL:If Your Honqr please"I'd
like to 'also move that the Petition Sur Audit at Number 288 of 1963",
A..A.in the estate of Shan M.Griffin"which is dated December 11"
1963"as well as ,the Adjudication and Decree of this Court in the
same estate"same number and term,'ciated January 3D"1964"be
entered as'an e,xhiblt in thes e partfc'ular proceedings.
THE COURT:'It "Yin ~ot be necessary
to enter these as exhibits"as they are already records of the Court.
And the Court can make reference to them without being used as
exhibits.
Thank you.
.,,-
All right",Your Honor.
That's all I have of this witness at this time"Your
HDnor"unless Mr.Fergus has.
MR.FERGUS:
Your Honor.
I have one or two quest,ion~":-.
CROSS EXAMINATION OF MR,.OTT BY MR.FERGUS:
Q Do you know~Mr.,Ott..whether Shan.Gr~fin or Mr.s.Griffin had
accounts atariyother banks besides your ow'n?...'.,'/..
A -I wouldn't have any knowledge prior to the appointment of guardians ip.
~-,"...-.
I ;,.
At the'appointment of ,guardianship;:I am dllre a search ·was made tc
,'j ,..,'.
locate assets;and all of such assets.)if any"would have been in our
Inventory.1 don't bel~eve th~~ewere any a'dditional.
..."."-.'.'
Arlie Ott 83
Q You are not precluding the fact that other accounts could exist?
A May I see a copy of our Inventory.,or are we talking about the period
"
previous?
•
Q'I ar,n not trying to get complicated;.I'm just trying ,to establish.t did
Shan Griffinot from 1958 up until the time ,he was declared incompeter tot,"-,.OJ.~.
not be aware of..
MR.CARROLL:I don't think that is within
"
I would havemoreason:to be aware of it•..;
,;,"•".,..
the purview of this witnessJ Your Honor.I object to this line of
he c~)Uld~easUy have had other accounts'in other banks t.hat you would
_.....r ~~....'...4''':.•_"
;.~t
0(
z
~'.oJ>-'VIz·z'~A
ioI-ClZ
XVI0<~
But what this witness is trying to say is that at the time of the
questioning.,
appointment of the bank as guardian.t the bank is required to report
•
..:~ll:...!!!c
oJ.<i,t;o:J.,
:tI-....N
,.•If.
THE COURT:The objection is overruled.
all assets held at that time.And they have no knowledge of other
assets.That is what this witness.t I believeJ is indicating.
•
iiill:
11/l-ll:oa..11/ll:
.~oou
oJ<uii:ll.,0
establish.
MR.OTT:
MR.FERGUS:
THE COURT:
This is true.
That's all I was trying to
There could be account"s
at other banks;'we realize that;The question is proper.But the
",answer is also proper.If there were any such accounts.t there
were'no balances ~hat were ·made a'vailable to this bank at the time
that they were appoinfed guardian.
Arlie Ott 84
(Continued Cross Examination by Mr.Fergus):
Q Mr.OttJ to the best of~our know le1geJ were 'all of the assets that
Shan Griffin had at'-the ti~e he'was declared incompetent turned over
.'to the bank?
To my knowledge I would assume they were•
.Qid the bank make anY,claims against any pers~ri,fo.r assets that
i ~,;
might not have been turned over ?Were there any leg?l pr'oceedings
",,
at that time?
.,
None to my.knowledge.
I would like to Clear up another point I think that Mr.Ott did make..
obvious",but just'for the record,you.were comparing figures from
•4
(
one account 10 the,other.,,)believe.it was ,the',Andrew Balent ,agent
•J",'
account:hadtl}.e samefigqr.e in tb ~~';,a deposit as one of the 'other
....•j l'.'.'~".#•.'..'"'.~
figures on either Mr.Griffin's account or Mrs.Griffin's,is that
"
correct?',~"...
It was the'account'of Mr.Griffin"because the Mrs .Griffin account..~"l,1
"
"....,"was closed by the bank as guardian.
Aside from the figures being the same,would there be any way the'
bank could tell where that money ca!ne from into the agent account?,...
It might be possible..but it would be extremely difficult.Our recorcs
are,i well,after a ~ertain number.of years,.a portion of these recor s
are r,nicr?filmed and kept forever,.And it might be possible but it
would be difficult.
Q Your testimony.this afternoon,was not that it was the same.'
Arlie Ott 85
A I cannot state it was the same.It's only a coincidence that the
amount a.ppeared on both sheets under the same date.
If III 41 •-''40 <I,
You are excused~Mr.Ott.THE COURT:
I have nO'further que~tions,at this time~Your.Honor.,•r .t'..I •r_~':'
,"
Q
Inaddition~I would ask the Court to take
Court.The Court's order being dated Juhe 1,1 1960.
Sarah Griffin#his wife.The one proceeding being at Number 186
ceeding relative to the incompetency of both Shan M.Griffin and'
If Your Honor please~'at
I I.
MR:"CARROLL:
cognizance'of the 'recordoCthe hearing on both of these matters
.Court
before the;.June·,16;'1960~and specifically as to statements by
filedby 'Sl1~lby Brinser~a nephew~May 23"1960,.and by Emma
~
was executed,May 26~1960~arid a Joinder and Waiver of Notice was
by Hele'n To.dd...who identified herself as a nieee of Sar~h Griffin~
Elizabeth Geisel~a niece of J.Shannon Griffin,May 211,1960.,
at Num ber 187 of 1960~O.C.of this Court.The Petition was sigm d
of 1960~O.C.of this Court <3:s to Mr.Griffin and the other being
•!
this time I would ask the Court to take cognizance of its own pro-
.(Witness excused),.
-to •.~
,And a hearing was to be held June 16~1960 before this Honorable
'.
c(
z
0(>~>-VIZz'11/II,
i.0l-e"·z
XVI0(~.'
t-=u-itI-ell•ii
~0(
0ii
:J..,
J:~.,..
N
iii
0:11/I-0:0II,11/It
I-0:
:J0U
~0(
0'jL...0
e
Dr.Proudfit who was called and sworn at that time,wherein at
page four there are certain questions ,and answers directed to Dr.
Proudfit relative to the health and condition of Mr.Griffin~the
----------=-c,------------.---.-------------
Arlie Ott 86
handling of his affairs and a statement by Dr.Proudfit that he feels
that Mr.Griffin cannot take care of his affairs.And on page five
thereof..a statement by Dr.Proudfit relative to Mrs.Griffin's
condition in which he indicates that she is not able to look after
.,
Your Hon6r~The record of the testimony states as to 186 and 187"t oth
I will",but I feel Your Honor has the privilege or'looking at any of
herself or her financial affairs for at least the past five years.',~.,
Do you have
I cou~d object"Your Honor~
Just one more look
That is apparently in both"
Are you through there?
All right.
In whose incom'petency pro
No..Your Honor•.I was specifically directin,,<.f _
MR.CARROLL:
MR;CARRaLL:
THE COURT:
THE COURT:
MH.FERGUS:
THE COURT:
,"
Your Honor"please.
any remarks?
of them.
-f
your atterition to thoi:>e -specific Ipages of tpel testimony.
•fl.-/.~....',.•..t '~.:.\''i ..,r I ".'.~'
objection will be futile.
ceeding is'that?
.the'records of your own Court that you want to.~So I feel my
,
I
•~z~>oJ>-UIZ
Z
IIIDo
i0l-ClZ
::t
UI~~
..:!:!a:l-UIQeoJ~
U
0
:J..,
:tl-I'N
oja:IIII-a:0Do
III0:
I-a:
:J0U
oJ<uii:Il.
0
e.
T,H~COURT:Yes.The Court undoubte(ly
J ~
i .r ••will recognize that th.e proceedings for incompetency have been
. ,~f -..
registered and filed in this Court.,The da!es of said proceedings.,I'..·t"....and the persons who instituted them will be recognized.But this
.'
87
Court will not give validity to the statements of the doctor's testifyin~.
in the incompetency as to how long prior to 'the appearance of the
;.
JI ....•
wifness thexpersons whom he W8:S speaking about were unable to,
.,",.''~l ','.".;'.~"',,".",'"
look after their'financial affairs.Becaus e a ,matter cannot be prove
than Mrs.Harden~who doesn't seem to be here..Your Honor~I
have one other witness who will give opinion testimony as to the valu~~
.and he is not subject to cross examination.And the refore~his
:MR.CARROLL:"Yes'>,Your Honor.He is
Is that withess available
Thank you..Your Honor.
All right.I have..other
MR.FERGUS:
MR.CARROLL:
THE COURT:
today?
.,
owned prior to his death.
offer.
here at this time in t~at way.'Yhen the doctor appeared here at the
'.,
•;..\"I,
time of the incompetency proceeding..he appeared in person.And hE
"-.t r t .~r
was subject to croi~.examinatioh..,He is not here in person today
as to the history and value of the easement which Mr.Griffin
statement cannot be taken in this proceeding.,We will refuse that
•~,
z,
0(>...I>-I/)z.
Z
\&ID.
i·'0I-~.
Z
x
I/)
0(
~
~~0:l-I/)e i5....~~a
::l..,
:t..,...
N
iii,0:\&Il-"
0:0ll.\&I0:
I-0:
::l
0U
...I0(
.§
lI.lI.0
e
sitting.in his office.I didn't ask him 'to come ·over.It's Mr.
J.C.McCleery..who is an appraiserin and around Washington
County and I took the liberty to tell him tobe 'ayailab~e by phone..
rather than having him come over and sit around.
-"
88
THE COURT:What is the relevancy of
his purported testimony?He is going to give us a value of what?
+',.MR,:CARROLL:The claim as filed"Your,
:
over this 11 ..25 feet which Mr.Balent purchased in fee from the
•~.r
Mellon National Bank as trustee.And Mr.McCleery will be qlialified
as a real estate apprais,er for ,the,City of Washington and'i;'1 this
f
f
What is he going to testify
-.
,
"
THE COURT:
._•~.~t ~-f-4
•.MR.'CARROLL:,'As to the'valuebf what that
easement would haye beep in February of 1960 when the conveyance
:(...
or extinguishment of the''easement was ,IT,lade by Mr.Balent,and
is relative to our particu+ar Claim~:deals with 'the damages which we.~...:~
.;..
,(
,.to about the value?
area.
,
Honor,deals with at least partly"with an easement or fight of way
«z
0(~>-•'IllZZIIIa.
,i
ol-e.?,~
J:III
0(
~
,..,:
u,ii:
'l;j
,0
.J~U,0
::l..,
:I:r,...
N
•
I respectfully urge the Court that you have no power at this poirit OVE r
Mr.Balent...And Mr.qarroll just"in faCt~,admitted that he is tryi 19
iii0:IIII-0:oa.•
III
0:
I-0:
::loU
.J0(
ui&:II.o
e,laim .from Mr.Balent.,
,THE COURT:
,MR.FERGUS:'
I understand.'
Your Honor,Mr;Carroll
to apparently get ,some sort of"'what he is asking you to do,in ·effec ,
•,~.,i'
is take a transfer of an easement in,1960,and through an audit of
an estate 8 years later"collect money from Mr.Balent.Arid I
would §:tJggest to Your Honor that this"if he,wants to do this"it's
up to him to do it in equity and not in the Orphans'Court.
MR.CARf{OLL:
THE COURT:
If Your Honor please,--;
,.-f '~
'I 'No further argument on it.
89
We have already partially ruled in this matter~when we permitted
~~~.~•.'~"'_.!.....
•certain testimony to be received."And in the same vein,I think that
-~.~
this t~stimony should be received:So we will oyerrule the,objection
Wnen is he going to be available?
MR.CARROLL:
right ~ow.
THE COURT:
I was going to call him"
Can he come over right
away?Will someone call him and get him over here soon?'
MR.CA,RR OLL:
Harden testify",Your Honor.
THE COURT:
1'd"like to have Mrs.
We will be glad to have
her testimo~lYif she cOJ;nes,but we,are not going to wait rpuch
longer.
(At the direction of the Court,off-the-record discussion was not
recorded by the stenographer).
,
THE,COURT:We will set February 17
at 1:30,which is a Monday.If'your other witness can come in
at that time after Mr.Fergus presents his witnesses,we will perm"t
you to call her.
MR.FERGUS:If it please the Court"I·
object to the testimony of this witness.I am completely surprised,
J in the first place.I had no idea that he was going to testify.I feel
(Attorneys should comply with the Pre-trial
Rules of Procedure and be ready to appear on
the dates and times noted.)
J
PUEL
CONFERENCES 1
I
No.I No.&:Term IPlaintiff's Attorney I Plaintiff I r
,-,
1496 I 433 March 1969 IFrank C.Carroll IDolores M.Barnhart IJo~&William o.
1497 I 448 March 1969 I Richard D1Salle
Barnhart,her hus.I Anna M.Bernard &:ICar<
Alfred Bernare,
her husband
1498 I 341 Jan.1969 IWray G.Zelt I Emma Jane Henry ID~
J.C.McCleery 90
that I should have time to at least consult with some other real e'stat
man so I can intelligently cross eX,amine him.I also would ask an
offer <;>f proof.
proof will be necessary.And we will overrule the objectiop..•
THE COURT:I don't feel that an offer of
Q Give us your name please.
A 'J.C.Mc Cleery•
Q W'nat is your occupation..Mr.McCleery?
J.C.McCLEERY IS CALLED AND DULY SWORN.
.,
How long haveyou been a real estate broker?
lam.
Since 1948.
A
THE COURT:You may proceed.
Your preliminary questions will be in the nature of qualifications?
MR.CARROLL:'Yes"Your Honor.
A
\...i t.~t"•~,~...~I
Q And a:te you'licensed 'by the Commonwealth of Penns'ylvania?
Q
A Real Estate Broker"specializing in real estate appraising.
..-.",
DIRECT EXAMINATION BY MR"I CARROLL:
~z<>..I
~'
Z
Z
11/II.
;i
0I-l!lZ
:rV)<~
t-=ui-
l-V)•ii
..I~uii
:l.,
:t.~,...",
ui
ll:
11/
l-ll:~11/
ll:
l-ll::l0U
..I<
U~lo.0
e
Q A~d how long haveyou been a ~real es·tate'appraiser?
r~"_i'
A I've been appraising '900/'0 of my"ti~e sirlc'e 1954.
Q.,That would be 14 or 15 years.
A Yes.
J.C.McCleery .,.91
Q What qualific'~tion'sdoyou have as an ~pprais~lr?,
,..~..'
"
A Pm a real estate,broker.I've taken appraisal:Jcourses at the
UniverE?ity of Pitt.sburgh·~t.ogether :with other courses in real estate
.f~...
subjects.I've-taken ,spec~a1.co.ursesat the University of Syracuse
...'
~z<>oJ>lI)zZ1&1
II.
i0I-Cl
Z
XlI)<~,
..:~a:l-ll)•0
oJ~
U
0
:J...
:z:......
N .
iiia:1&1I-a:0II.1&1a:
I-a::J0U
oJ<
u
ii:lI.0
e
and the University of Connecticut;seminars and conferences in
various parts of the C,ountry.I'm a member of the American Societ~
of Appraisers.I was Pr'esident of the Pittsburgh Chapter in 1960.
Among my clients are---I'm approved with thE
Pennsylvania Department of Highways~West Virginia State Road
Commission~the Veterans Administration~I have done work for
_the Department of Justice"the United States Department of Justice"
the General Ser'vice Aqministration,»the Pen:nsylv~nia General State
Authority;the Washington County Commissioners.I've been approved
,
in Court in Washington County Common Pleas Courtjin the'Courts
of Ohio and Brook County and Marshall County iIi West Virginia.
Greene COunty also in Pennsylvania.Fayette County---not ,Fayette"
Allegheny Co:unty.I do the appraisal work for the First Fed eral
Savings and Loan of Washington.I do work for the various branches
of the 'Mellon Bank,»Union National Bank~.First Natib~al Bank"
Dollar Savings Bank of Wheeling.and a number of other banks~savi 19S
and loans;they call on me occasionally on ?-n~mber of estates.
I've done work for the Esso Standard Oil
Company"Gulf Oil.Manufacturer's Light and Heat.West Penn POWl r
-......
J.C.l'4c Cleery
,
Company"Army Corps of Engineers,many others.
Q Now as an appraiser,haveyou appraised real esta:te in and around thp
County of Washington?
A The principal part of my business is in central Washington County.
Q Have you done appraisal work in the business district of the City
of Washington?
A Yes,sir.
Q .You mentioned as 'part of 'your qualifications that you had done
appraisal work for West·Penn Power and gas companies and oil
companies.
92
A Yes.
Q Does that include pl~cing a value on easements'as well'as the fees
which might be purchased by those companies?
A Yes.
Q And this appraisal work thatyou do for the banks arid the savings and."
A,
Q
.
loan instit'utions,does that involve both c~m~ercial,business
;."..5 .",..•".,\.~• I ':..~l •t ...,.~.f "
,I r,•1 f ~":"-••~'~...;;l"t !
residential 'property?'..'
Yes.
,.
all of those types of ~pprafsal work.'•
and
A Yes.The course I took at the,University o'f Connectic.l.it sponsored y
the American Institute of Appraiser~was particularly on commerci 1
property.
Q Haveyou appraised any property in the business district of the City
---II---------:-------------------;,-:-,---------:----
of Washington ?
A Yes.
J.C.McCieery
f "
93
Q Could you give us those appraisals~whi'ch on'es you have appraised?
A I have appraised quite a few:28-32 North Main Street,which is•,
0(
z
0(>.J>-IIIZZ11/II.
i
0l-e>z
:x:III
0(
~
..:u0:
I-III•Q
.J~~0:J...
:I:I-.....
N
iiill:
11/l-ll:0II.11/ll:
l-ll:
:J0U
.J0(
Ui;:
II.0•
the Washington Meat Market and Washington Restaurant;36 North
.Main Street;31 North Main Street;78 North Main Street.Maybe
it would be more familiar if I gave the names of th:e~e:36 North
Main Streeb is where the Hub Store and .Brown's Boot Shop is;31
North Main"McNary's Jewelry,Jenny Shop;78-80 North Main is
.the Town and Country Restaurant.The time I did it there was a sho;>
store there.144,North Main"which is property of William Murphy
formerly occupied by the Baltimore Life Insurance Company;144-4 8
North Main"which is occupied by Dunri'~Dry Goods Store;116 Nor h
Main"which.is 'operated by B,en Reynold's Store;159 ~orth Main"
which is the v.§lcant building,used to contain'a grocery sto~e"small."
store"Hanna's"I believe it was.,194 North Mail:'l:Street,which is
the property where the Sheehan's Sweepers are;156 North Main"
Robert Pat'li'iu.e'J and 176,82"86 and 88"also for Frank Miscio;
133 South Main Street"which is Washington Paint and Glass;besides
quite a number on Chestnut Street which I have done privately for
the banks.and quit.e a numb,er for the Redevelopment Authority of
Washington.
Q Now you indicated that you have been appraising properties for
approximately 15 or 16 years.
Yes.
·".J~C.McCleery "'>
'.'
94
.
'And have some of those appra\sals occur~ed in 'or",about the year 196(?
,..~.'01 t ":.-.
Yes.All of those have be~n since 1960.."
Based on your experience,Mr.McCleery,is there:such a thing
as 100%commerdal block .or district in the City of Washington?
The 90mmercial district of the City of Wa;s~ington is probably,lOO%
district is considered by everyone---this is a figure that difinite!
proof is very difficult on because it's based on.partially on rentals,
foot ,traffic,automobile traffic - -but I think as a general opinion of
everyone "that the Murphy's Store and the block from Beau Street
to Chestm.it has been,considered the 100%block in the City of
Washington.
Can you give in your opinion the value per front foot as to the land
only on Main Street between Chestnut and Beau as.?f the year 1960?
THE COURT:Before you answer that,M .
Carroll,I think we are getting close here 'now to the problem of
your specific valuation.I think before we do that,we should give
counsel an opportunity for crosS examination as to qualficiations,
if he desires.
Q All right"Your Honor,I'm sorry.
MR.FERGUS:
"
Thank you,Your Honor.
'..~If .!,
"..--.~.
J.C.McCleery
,
,.
.,'
95
CROSS EXAMINATION BY.MR..-FERGUS:
Q You stated you hav'E~had experience fnyaluing easements.Could.,.
•
you elaborate on that?
,,'
A The principal work that I have done has been easements for utility_
companies.These have varied in type from high-powered overhead
~z ''0(
~>-IIIZZ~Q
ioI-ClZ
:rIII
;A
;
lines~pipelines~a right of _~ntry~which is more of a righf-of-way,
and ,8 ewer lil1;e~,w'ater lInes.
Would it be fair to say that most of your experience in valuing ease-
ments is for these right-of-ways of sewers?
Yes.
-.Q Have you ever valued what I would call a private easement,one
,which.does not hav~any connection with the utility comp?-ny?
A Yes.I will P'-;lt it this way:not similar to the subject~.on farms,were
maybe a farmer 'has a right or on a lot w~ere a neighborlhas a right
,to'enter the property.
Q Did you ever value an easement in downtown Washington?
A No,sir.
Q So by your own ?-dmission~,your experience on the valuation of ease
ments is limited to farms and to instances where the person attemp ing I
to get the easement has the power of eminent domain,is that rigI:1t?
In other words;you are valuing easements for 'power';,they have the
right of,eminent domain,is that right?
MR.-.CARROLL:
I
think this goes.a little wide aL the ma:k.
If You~Honor please,I
We were originally tryil g
J.C.McCleery 96
to get Mr.McCleery to value the f~e simple title on,MaiIl Street as
to its value in 1960.And then as to the value if it might be encumbered
,-
by'some easement of some "nature.I thin.k,that in so far as limiting
residential areas.
No"sir.
for customers who have the power of emin~nt domain.
to find that question again~Mrs.Hammond?
The objection is overruled
-...
,If we could strike the last
,.
THE COURT:
.MR~FERGUS:
(Stenographer reads back last question).
Could I expand thenl to those type of people along with farms,maybl>,
you is"your experience in valuing easements is therefore limited
may be permitted to testify to our particular subject.Will you try
part,I think the first part-is fairly clear.What 'I am.trying to ask
..
The question th.~t ha~b;Em asked i~fl proper question to test the,
qualifications..And.the Court determines whether or 'not this witnes
"..,~-;,
to this.,f "
'E!..~~•~_
type of easement would pealmost impossi~le to obtain anybody to tes ifyas
or attempting to limit a person to testimony as to the value of a spec fie
~z.~>.J>-IIIZZ\&III.
i
0...
C)
Z
:I:
III~~
..=u
II:...'IllQ
.J
0(
0
Q
::l
."
:z:..,..
N"
iiiII:\&I...II:0II.\&III:...II:
::l0
"'u·
.J0(
0 Aii:lI.
0
J .
Q•
•
'.
A The number of the easements t~at I have done for the Army EngineE rs
""ere all purchased in fee.There was no'cases of the u'se of eminen
domain here.I have a nu.m ber of others ln lots;,to the location
of the subject,nOI I haven't done anything similar to that.
i;.•,
J.C.McCleery 97
Q But you admit that y~)U have never before,assuming thatyou have no",
valued an easement in downtown Washington,aside from the Shan
Griffin or the Smith estate easement,you have never valued another
if I have.
if you had any objection to this witness's qualifications..-
my procedure is incorrect.I was going to object after .
quite a bit of volume of work for the Redevelopment Authority.Ther e
No"your procedure is to
I do,Your Honor,but rna)be
Ye s •.I am waiting to see
I assume you are going to
Mr.Mc Cleery~when you.
Just a moment.You have
I won't say that I haven't.'I've did
MR.FERGUS:
THE COURT:
THE COURT:
MR.CARROLL:
THE COURT:
MR.FERGUS:
give him the opportunity to rebut.
no ~ther questions?'
arrive at a value---
I have no more questions,Your Honor.
may have been some there,and for others.And I donIt remember it
I don't remember it if I have.
eas ement such as this'.
A
<
·z<>..I>-IIIZZ1&1l1.
i
0I-0 Qz
XIII<~
..:u
ii:I-III
0
..I<
U0
::l..,
:tl-I'
N
iiiII:1&1l-II:'0II.1&1II:
I-D:::l0U
..IC0ii:II.0•
•
•
obj ect be~ore he testifies..'
MR.FERGUS:I would object.I think it
is 'obvious that Mr.McCleery h,as no knowledge or no prior experiehce
in valuing easements,and I am under the impression that is what
J.C.McCleery
he is he're for!
98
THE COURT:The objection is overruled
We must recognize that real estate.people make vadous appraisals,
.,'..
and this witness has detailed the type of appraisals that he has made
And you don't'find very many instances of easements being appraised.
I So you couldn't have a very voluminous,reco'rd of appraising easeme ts.
This is the first case I have ever run across where an eas'ement is
beingappraised.So we can't rule out the w~tness's "qualifications...
for this rm.tter.Alth0u,gh he may testify;and as to the weight to
be given his testimony,thatis iLmatter for'further consideration of,,
the Court.We will overrule,the.objection,and permit the questions
as to value.
MR.CARROLL:}'hank you,Your Honor •
.:;•4;
.-
I •,,
.:~,,.,."
DIRECT EXAMINATION BY MR.'CARROLL:
Q
I,..t,...·~
Taking the'year 196'0,Mr.'McClee~y,which was the year in which
"
this conveyance occu:rrea,whicn'is 'urider question here,can you
.'
give in ~our opinion a value per f:t;'0nt foot as to the land only on
Main Street between Ches tnut and Beau?
WEE COLJRT:Mr.Carroll,I have no
objection to that ques tion,but 'w,e may as well get down to specifics ~,
,
He knows this property and let's get a value per front foot on this
particular property that we are talking about.
Q All right.Let me phrase the question this way:you are familiar wi h
--------.r----~---~-------,----------------------:--------,
,..'
J.C.Mc Cleery
the 11.25 feet in controversy in this case.
A Yes.
99
Q This is the 11.25 feet which is present!.>:owned by,Mr.Balent a,nd-
which was·purchased Jrom"the William McKennan Smith estate.~".~.,t',Of <"+.,."r·.•,"P
t"-*....~A ••~•A Yes.
"~
Did I not supply you with a'photostatic copy of the deed conveying .
'.~,":""i.~.
"
that property?
.Yes.
;,:
t ,
"~....~,~<'
Are you able,in your opinion,to place a value on this front footage
~.,-..
as of February~1960?
THE COURT:
are you s peaking of now.vacant land?
MR.CARROLL:
THE COURT:
fee in that land or a lesser estate?
.,
MR.CARROLL:
of fee,Your Honor.
.
THE COURT:
Now Mr.Carroll,what·
Vacant land;land only.
And .are;Y0u speaking of a
i am s peaking initially
All rIght.
,
In other words"you are speaking of the land free and clear of 11.25
What would that land be if it',were land only with no building on it,
unencumbered,'fee simple title in 1960?
.<
MR.FERGUS:'I object to this,Your Hone r.
This is so conjectural as to be ridiculous.
THE COURT:The objection is overruled.
J.C.McCleery 100
A -$19,210.00.
Q N9w how did you arrive at this value?
A My study of the sales,rentals,leases of the properties in the Main",.)',~•.•t "':t ..'.~
• r "I •.._II •~,'I""i I ,il-f .,t',,"1.~-'~"._,t:
Street area;.''And ther-e was.no vacant land s old:'so it was necessary
-......,,-
Does this easemen't or'right which Mr.'Griffin had affect the value
Yes.
And have you read t~~t.language?
Y~s.
Griffin has and which is 'in quest,ion here?
Were you supplied by me a copy of the easement or right which Mr.
my aritl].metic with me.-I could possibly sit down and work it out.
I 'didn't bring my arithmetic with me on it.;No,sir,I do not have'
Can you explain further to the Court how you arrived at this figure?
Yes.
Did you do that in this instance?
at this",it is necessary for us to take out the rental value of the
,
method used on the 'income,appr;ach~as.'a piece of property an invest)r.""-
-the remainder.of that income goes to the land,which is capitalizecj,
building,of course"prior to that any expenses he may have,and
.- -
will pay for the incofue'he receiyes cm~'a'total investment.'So to arrive
_arid through this,you arrive at the value of your land.,--.
,
to arrive at·what we caB the land residual'method,,which is a•<
z<>oJ>UIZZ1&1II.
i0I-el'z
XUI~
..:0
it'l-UIe,0 Q..J<
U0 A:>..,
:tI-Q"N
iiill:-AIII
l-ll:0II.III
ll:
l-ll::>Q0U
..J.:!:
0ii:
lI.0
AeQ
A
Q
of the property which y'ou just stated an appraisal for?
A Yes.
--------------------------------------
J.C.McCleery 101
Q How does it affect it?
A It is my opinion~with the advice of counsell that there iS I with this
easement on it"there is no right of the owner to build or use this'
•Q
in any way that would block the access'from the use.of ,this property•
Then taking into account the language of the eas efl?ent and your
$19~210.00.
.Now the value of the -property was what figure?
Approximately 50%of th~value of the property.
value as to the fee siinplel what is the value of that 11.25 feet with
·-~the easement affecting it?
0(
z0(
~>-IIIZ
Z~A
io~Q
:rIII~A
Q So you are saying that with the easement affecting this feesimple.
,..
it would be approximately ~me-:halt that veilue.
i'"f ~•/t
A Yes.'.
,.I,r'
Q In your opinion as of Febr~a:r:Y~19~0•..
A
Q
Yes •.
That's all the questions'i have':'··\-.j,.•,
THE COURT:Do I understand then that
this witness is testifying that that last figure"one-half of $19"210.0)
would be the value of the servient tenement.
MR.CARROLL:The dominant tenement.
THE COURT:The dominant L terrement
is the eas ement.
MR.CARROLL:.Yes.Your Honor"that's
correct.
J.C.McCleery 102
THE COURT:Although he's making them
both,the same.'So that he's distd~utingit one-half to the servient
tene'ment and one-halfto the,dominant tenement.
•
l\I[R~CARROLL:That is correct,YourHonoY'.
~z .~CROSS EXAMINATION BY MR.FERGUS:
.J>-ll!~Q Yqu stated on'advice of counsel;will you tell me which counsel this
Q,
!•
was?
Mr.Carroll.
back and asked Mr.Carroll the answer to it.
,.,,
I think,Your Honor,it is
If Your Bonor please,1---.
MR~FERGUS:
MR.CARROLJ..:
.'"S •'•faCt valued'cqrrectly,is that,'c9rrect?,;"
'r'f ..
So you ha~e ta~en Mr.Carroll's opinion that the easement is in
...~'
easement,you realized trere was a,,.legal-problem,,therefOre you WEnt
..;I..-J \)~•
not is very pertinent..Now for Mr.Carroll to be giving a legal.
opinion to an appraiser who in turn then'corries to the Court and
It is a fair statement t~say that Mr.Carroll hired you to value an
Yes.I'm nota lawyer and I felt this was true but I wanted his opini m.
,
obvious that this~asement,the question of whether it is valued or
;i
0I-0z
~A~~
..:Qu
itl-ll!•.0
.J~
2 A
0.:J..,
:t Q..,..
(II
iii0:III
I-0:0lL
IIIa:
I-0::J0U
.J<
u
i.:II.
0
e
says the easement is worth something;completely destroys the
appraiser's---
THE COURT:Let's put it this way:we
-----------------------------------.
.J.C.McCleery 103
have the question of whether or not there is a certain type of an
easement here.,Mr.Carroll has requested this appraiser to give
him a relevant .figure on the value of the various tenements.The,
problem of what tenement we have concerned here is one for 'the
Your Honor.Now if Mr.McCleery has to,go back to his office to
deal of further questions of this witness.And I would suggest that
So we will overrule the objection,whatever it was.Let's start over
appraiser to give the value of the survient tenement and the dominan
No"we are going ahead wit:l
You~Honor"Ihave a great
I still don't understandMR.FERGUS:
MR.FERGUS:
THE COURT:
Do you have any further questIons"Mr.Fergus,on
because,of your appbintment---
where ~e got the,figure,$19"210 •.00,and l,i!1tend to find this out,
cross examination?
the cross examination of this witness now.W~'prefer not to recall
him.You go right aheadwith your questi,ons.,Don't worry about
Court.But it is entirely proper f~r Mr.Carroll to request this
\',
again.
tenement.T,he other matters of law will be det,ermined by the Court
'our other appointments.
•~z0(>..J>-V!
Z
Z1&1II,
i0-'I-0Z
:tV!~'
..:0ii:l-V!•C
..J0(
0C
:l...
:t~...N
iiill:1&1l-ll:0lI,1&1a:
I-a::l0U
..J
0(
uii:...0
e
get the _notes to'refresh him,I wlll ask him -to do that.So my next
question is how did you arri;e at the figure oC$19"21iO.00 as the'v'all e?
-,
THE COURT:.'_Well,Mr.Fergus,this"..,-~•!
,.
witnes s has b ven that value,ahd he has's tated that he does not have
J.C.McCleery 104
his worksheets here with him or his ari.thrpetic.But he cangenerally
explain the method by which you arrive at that figure.You don't hal e
tohave your worksheet here to do.that.We will permit him to expla n
properties in.the immediate area,the block between Chestnut and
Beau,so when you do not have this,you go to the income approach,
fortunate enough,which we wasn't in this cas e..so you will use
lllay answer that question.
This rental is then--'-you take off the expenses,
,~.~~j'~..
oth er properties.
real estate in a given area,.you find out the rentals that are paid
To arrive at the value of a piece of commerci 1
figure,you capitalize,figure up from going to another approach,Hie
taxes,maintenance,upkeep,management and s oforth;from this
the sale of other property.However,there were no recent sales of
the method used to arrive at that,if he hasn't already done so.You
for various properties;if there is a rental on the subject,you are
value.iri the case of commercial value,the principal one used is
which is equally important·in any sale of c?mmercial real estate.
In arriving at the value of real estate:you use three approaches 'to
i
<Az<>oJ>IIIZ ,
Z1&I'0.
i0I-0Z
J:III<3
..=uii:I-Ill'a
oJ<ua
:l..,
J:~"N
rti·ffil-ll::
00.1&Ill::
l-ll:::l0
U
oJ<u
ii:lL0
•
cost a ppro'ach,as to the value of the building and allow to this
building the cost of it less depreciation;I mean depreciation by
:a
physical and functional methods,allowing/rent to the building.
That is taken from your gross figure.YOl,lr balance that is left is
the property.;the,amount <;>f th'e income that is allowed to the rand.
t·...:;..'"~+•I "~1..,.
This is capitzlized at the figure of usually eight percent,particular y
J.C.McCleery
back in 1960,which will give you the value of the land.
Mr.Mc Cleery,my question is how did you take this theory of yours
and translate that into $19,210.00?
This we completed and this I have used on a number of properties at
that time on Main Street,was $1700.00 a "front foot.
How did you arrive at $1700.00 a .front foot?
By doing the process-l just told you on several properties on Main
Street.
If we t.ake $1700.00 a front foot and multiply it 'by 11',do we get
.I·~~-.
105
.-
$19,210.00 ?
I think so.
..
••••l " L ~f':/'
What caused you to ~rrive at $1700.00 a"front foot for this particula...
11 point whatever,piece of property?'Your Honor,I'm sorry,
but I feel that I have the right to know and in'the eminent domain
.cases I have hEeen in where we cross examine real estate appraisers
they are required to go into great detail as to ~exa:ctly how they arrive
in
at their figure.And I feel that/this case I have the same right.
THE COURT:We~l,it is a question of
how much detail is required.This witness has,already given the
method i~whiph they arrive at the front foot value in this particular
area of the city,and that is his method of doing iLNow you can
argue to the Co~rt when it comes time to do so,that that probably
'was insufficient,that that may not be the way to do iL But that is
,what he has done and that goes to the weight of the testimony given
J.C.McCleery 106
by this witness.You can argue that anytime.'That is a matter of
argument.But he has responded to your question as to how he arrivps
..
the'same equal rights on using this eas em'ent.They were different
me why you took 50%off to arrive at the ,value you gave the Court?
I disagree with you.If we agree then that the value is $19"210.00,
:You made no differentiatio ~
.So you therefore are telli~
.Your Honor,.I'm sorry"bu
MR.FERGUS:
MR.FERGUS:
MR.FERGUS:
No,sir .
Yes.
for the ownership or'the'fee.
equal rights on this property"is th~t right?
the Cour.t that you arrived at the figure of 500/0 because they had
the other ~
rights,but one could not do anything more because of the rights of
It was my,opinion from the easement that they had prac:tically,if not
could you explain to me and maybe'I'm dense"could you explain to
at the front foot value of this land.
iiia:11/It Ao0.11/
D::
I-a:
:IoU
.J0(
uE A.'0
I,
I
I
I •I
«
z0(>.J>-UlZZ11/
a..Az0l-I:)
Z
'X
Ul0(~
'"'uii:I-,UleQ
.J~uQ
:J.,
:tl-I'-1'<1,
MR.FERGUS:. I have nomore questions,
.
Your Hdnor.\~'r
.'.,!"
".'.t..I"\.
',MR.,qARROLL:
-,,
1.?on't llave:any,questi6ns,
Your Honor"unless the 'Court does.
..
THE COURT:....."
"No.You are excused,Mr
McCleery.(witness excus~d)..
,'....
107
-.NtR ..CARROLL:''As I understand it,Your
~.-\
Honor,this case is contiriued now to 1:30 ,on the 17th.~...'
THE COURT:Correct.
••
'-.
(HEARING CONTINUED )~I :
**********'***'**** * * *****,** ***** * * ****~*
,-j
You may proceed.
0(
z0(~>-IIIZ
ZIIIII.
ioI-~On Monday,February 17,1969,-at 1:30 P.M.,the following occurred:
:rIII
0(~,
.:THE COURT:-,
u
it:Iiic...~-DR.J.PAUL PROUDFIT IS CALLED AND SWORN.
c
:l.,~DIRECT EXAMINA nON BY MR.CARROLL:
"C\I
vi Q
1I:III
l-ll:0 AII.
III
1I:
I-Q1I::l0U...A0(
uii:...0 Q
e A
Q
A
Q
A
For the record,give us your name please.
J.Paul Proudfit.
Are you a licensed physician in the C~mmonwea~thof Pennsylv~nia?
lam.
How long have you beeJ?-so licensed?
About 30 years.
Do you maintain an office in and around the City of Washington?
I do .
.
Where is that office?
70 East Beau Street.
Dr.Proudfit 108
Q During the course of your practice and specifically in the years,the
latter years of---..
MR.FERGUS:Excuse me,Mr.Carroll.I'd.
'like'an offer of proof f?r this witness .
Court indicated that they would take cognizance of the incompetency
offered based on the Court's ruling at th,e'last hearing in which the
to Dr.Proudfit's testimony.I feel that the incompetency proceedin~
by Dr.Proudfit unless Dr.Proudfit wer,e available for cross exami:
Your Honor,I would object
If Your Honor please,the
MR.FERGUS:
,MR'.CARROLL:
nation by the opponent-.·
proceedings,but not as to the statements made in the actual testimoo.y
,.
testim'ony which Dr.Proudfit gave at the ti~e 'of the <;leclar:?-tion
.'r -..to .~_•~~_~Z;..'1 f t..,..
*,.t •:,'1 ;..',~.'...:,...,..,.'.'..'"
of the incompetency of ·both Snan>Griffin and'his wife,Sarah.It
;
was my intent to call Dr:Froudfit and ask him to read the testimony
~...'.""
is a',:r:ecord of thi$Court and is not in'front of the C,ourt right now
,,
purpose ~f this witq.ess's testimony is toaffi~m,we hope,the
.
knows about the Griffins at that ·time.,This was offered and is to be
if that is still his'o·pip.,iOri~,bas~do~.what he has read and what he
'.:.'~~.~
which he gave at that t'ime'wflich was'ih June of 1960,and ask him,
•~z~>oJ>-IIIZZ1&1II.
i
0I-ClZ
:r
III~~
.:u
".itI-III•Q
oJ~
U
Q
::lI.,
:t..
"N
f1iII:1&1I-,.II:0II.\IIII:
I-,a:
::l0U
oJ<
uii:...0
e
and to go into Dr.Proudfit's testimony to be irrelevant,immateric 1
and also I am co'mpletely surpr~sed.i had no idea Dr.,Proudfit was
going to testify today..
----_---=.:_--------------~--------
Dr.Proudfit
THE COURT:The matters which I presume
109
•
Mr.Carroll is referring.to concerning which he desires to question
Dr.Proudfit'are undqubtedly the matfers ..!Jf the healtl}-and mentai
capacities of the incompetents som~time prior to the actual date
t ...~'I·
-I
of the .aajudicatfon of incompetency ~nd sometime prior .to the time
t..i.~..~.11 ~••~$ot ~~;"I ...I ~.....t."'...••
, -when Dr~Proudfit testifie~.co~serning those inco~petencies.Is
t.'
that not so?
MR.CAR.ROLL:That is correct~Your Honor"
,.i'..'1-j..f!..:',~
"
in addition to affirming the testimony that was given at the time.
about to remark.We are not 'concerned at this.time and in this
hearing'whether or not Dr•.Proudfit affirms or disaffirms what his•
THE COURT:That is the matter that I was
•
prior testimonY'was~because no one is'attacking the doctor's,'
cre?ibility.It's a que'stion of.what the doctor thinks today.He
may thinkl of 'c,ourse"the same thing concerning those matters
today as he did at the tiJ:!ie o~th.e hearing,the prior hearing.But
it is not ~question today of affirmation ot his prior statements.
,The questiontoday is what he thinks considering.those matters at
this particular time,whether.it be the same or whether it be
different from what it was at t,he prior hearing.We will permit that
testimony and the objection will be overruled.But I don't think that
the way of arriving at that opinion today is by permitting the doctor
to read the testimony in the record that he gave at the prior hearin~.
Dr.,Proudfit 110
",
I thiDk that the qUestions no~should be pertinently.asked as of the
,'
presEmt .tim~.
,.
~:..;.,.-'
•.MR.CA'RH0LL:All right.The priiy:,t4ingis,,'",
Your Hohor,in·his testimony in 1960'there were st~tEjments by
.'
,His a.q'uest~on'of what,ne thinks now.
,and he did .make s:pecific stateI?el1ts in there.
~very same questions now.You may"refer to the recQrd,if yo¥wish
.•'...,.'.~..f ,.'~,~to see what he was asked,>but 'it·is not a question of affirmation.
•A .'.
Yes.Now this isn't a question.
"AU right...Your Honor.l
MR•.CAR.ROLL:
THE COURT:
of affirming or dis~affirmingthose'sta,temep.ts.He,,c'a,n be asked'the
~'.',~-.".-~''j~'.••-,~•
~.../:_,1
.'.him 'at that time as to'his opinion,as I would understand it,;as 'to ~",--''. ..".'...,
.;.~.;'.
.~J:i'ether o~'?-ot these people were incompetent pi:-io"r todhat date',•~z0(>oJ.>
UIZ '
ZIIIII.
i0I-eIZ
:z:UI'0(~
~uii:I-UI•i5
oJ~ui5
::J.,",",'
J:l-I'.til
(Continued directexainin:atio~by Mr.Carroll):','
,,·',l
,.
Do your record~:indi.catewhat perfod 'of.time y6udid this,?I
..•.,:'IIf.•..-"..,"
I was.A·.
A
Q
",
From'195'4,untHMr.:,Griffit:l-~·s death')'~n,June :P"1962.
Were .you al~'o t~king c~reof Mrs.Griffin :it this time?",.~'..t:)~j '"..:•••
A I was.
.,'
Q During the.sa,me period,of time?;-;..J"......'r~
A
,
Approxi~at~iy~~,/,·,.';:,"/'
(•,.'.','","':"'~'.~..~•,t'~"",~...'~,.',"
~,('"
;'-~.'....~
,.',
.'..,~,
ProudfitDr.111
,4-\.<.,
Q By approximately,do you mean more or less ---
A Over a period of years,I don't have her record with me but It was
approximately the same length of time"
I do.
.When was that?
of both Mr,and Mrs.Griffin.
Courtroom,doyou not?
".,"-..
We .will'sustain the obj ection
Excuse me.Your Honor~I
THE COtJRT:
MR.FERGUS:'
concerning Mr.Griffin.
.
with regard to Mrs.Griffin.But we will inquire into ~he matters
would obj ect t9 any reference,particularly to Mrs.Griffin.I
don't believe Mrs.Griffin's affairs are before this Court,I"of
Do you recall what that was or dq your notes indicate,?
At that time you 'J;'en~ered an opinion in regards t~tJ:1e~?mpetency
And you recall,testifying in regard to their incompetency i,n this
.being in front of the Court at this'time.
·Yes.
..course~would reIl;ew my objectioni:tothe competency proc"eedings
,That would have been on June 16 of 1960.
'Q
I e
~A
Z'0<>~QIll.·zz:A
i0I-QCI..z
::cIII0<~
.,:u A0:,
I-III'e Q Q.J~,
.'2
Q::I...
:tl-I'-.
til
iiiIl:IIIl-ll:
011..
III
Il:
l-ll:
::I'0U
.I
oC
uii:II.
0
e·
MR.CARROLL:If Your Honor please,if I migl t
explain the purpos e of that-,,there has been a Power of Attor:ney
executed which is before this Court by both Mr.and Mrs.Griffin,
And it iI!volves a conveyance of an easement or interest in real
,Dr.Proudfit 112
,estate.And for that'purpose,,'it seems,to m;e that this is a very
pertinent problem.because the wife would have an interest ,at the
time of her living ,and-at the time of the ownership•.whether the •
ownersh}p be.joint or individual.And as such•.1 feel that this is
That's right.Your Honor.
So we will overrule the objectiop.
.
•The Court stands corrected.
MR.CARROLL:
,
THE COURT:"',
.THE COURT:
estate of Sha~M.Griffin and that trust esta te.of cou rse"is for
the benefit of a certain person.B,ut it involves a transaction which
would comprehend the activities of both the hl?-sband and the wife .
with the problems that have been raised in this claim.,.
.1 thought that the prosee.ding was.?p.e which involved me'rely the
.J ;.:,•..:',
husband Shan Griffin.I note that this is,a claim against the trust
~_.~j ~J.I ~
a very 'pertinent inguir.y which,deals w,ith 'the'Pow~r,of Attorney and
~'.,...>'"~<...'":~-.~t..:-;/'I-.;~,'.~.";-~~;..'~1:,..~4 .f.'
,
,,..
0(
z0(>oJ>-IIIZ
Z."'-III "Il,
i0I-1:1Z
::tIII0(
:l
..:uii:t-IIIC
oJ~U.C'::J.,
:I:..,...
N
•
•
iii0:~as to Mrs.'Griffin.We will permit the,ques tion as to both.
0:oIl,~(Stenographer reads back last question).
I-0:::J8 A They were incompetent to conduct their own affairs.
oJ0(
~Q In your testimony at the time.doctor"and I will'show it to you here'
II.o
as part of the Court records"you indice;tted.I believe.that Mrs.
Griffin had been incapable of doing any business for the past five·
years.Would you read that on page fivEi please?'Que'stio'n up here.
"Now"Dr.Proudfit.in regard to Mrs.Griffin.has she been in her
home the past five years?"Would you read the rest of the page
please?
,--------;;---------------:-----------------------------------
Dr.Proudfit 113
to June of 1960?
Could it have been more?
That is correct.
That is.
,~r,.,Read if mys el(?-.,.~
Yes.
Just read to yourselfl dC?ctorl and see if you still---
Could you give an opinion as to ho,:",long prior to June of 1960 that
Yes.At that timel doctor:,you were asked as to Mrs.Griffin,
personal att'endance of him from a period of time of 1954 on?
But you are willing to state that at least bne year prior to Junel 196C
"Has she been in her----"
Now in going through the testimony.l·I did not notice any testimony
.-'"
this ·is ref~rring to h~~m~~tat corditioI}~~And the answer y.~u ga've a
that,time was l "I would say she would have been incapable of so
p -.7 ...~~.
questionl ,"How long'~o~ld'yO'~s'ay t~is'c:ondition has existed?"And
That 'would be not easy,.but it would be a,t least a year.
He was definitely incompetent..,
"
doing for the past five years."Is that'still your opinion today?
testified in June of 1960.Do'You have an opinion as to whether or
not Mr.Griffin was mehtally incompetent to handle ~is affairs prior
At least one :year prior to the time y~~testified?
by you as to Mr.Griffin's mental condition prior to the time you
he may have been inc.ompetent,based on your records and your
A
Q
I
I A
Q•I
,~z~>oJ>-UIZZIIIlI.
Z0l-~A
x'UI~~Q
~uii:l-UI -•Q
oJ~uQ
:l..,
:tl-I'N
iiiII:III~A..
0lI.III'~Q
II::l0
U
oJ<0ii:II.
0•A,
Q
A
Q
A
Q
'Dr.Proudfit 114 I
==7.,:::::::::i:::'=t==~=====;::::===~==b=1
he was incom petent.
A That is correct.
•
Q That's all the ques.tions I have,YOur Honor.
FERGUS:
perfectly competent?
Do you have any opinion as to whether this was a case in Mr.Griffi ~'s?·
It's possible that on some days during this period he could have beer
It is possible:
call it lucid'on one day and then does it waive 'back and forth or
are you 'just incompetent and that's it?
That is correct.I qave'in my not~s,there,is a note here,July of
It is possible.
1959 that he would ,be incompetent•....
Dr.Proudfit;you say Mr.Griffin was mentally inc?mpetent for at
least one year prior to the Court proceedings,is that correct?
,In this kind of an incompetency,doctor~is it possible to be---let mE
~CROSS EXAMINATION BY MR.
~,
>,,./
~QzzIII
'0.
,.,:u
iX Ql.ijj
.IC
Ujj
;).,
%......
N A
iiiIl:III~QoII.
III
Il:
l-ll:;)o
U A
.I
~U~Qo
io1-,o"~A,"xUl~.~
A I don't think that he was.
Q What Cl.re you basing the year on?
,"
A I have,a note downhere;1959,:..JuLy 21,paranoidl delusions.
•i'."'~.z -to iii·•
.'\-..~.I 'I ~<-
of 1959,confusion.
May
Q So in May,of 1959,he would be whatyou would call confused,if,,.-
UTI'>f'~n call it a confused state;would.it be more likely during that
------_----!.'_-------
Dr.Proudfit
period that he might have lucid moments?,
115
A .It is p·ossible.,,
.....\1-,
Q I ha've no further questions;Your Honor.
I·...'
• j
~t.T \."'.
REDIRECT EXAMINATION BY MR.CARROLL:
Q I'd just like to ask one or two questions.When you say poss'ible,
anything is possible,is it not..doctor?
A Yes.
Q What are the probabilities of his being competent during that period
of time?'
A Probably he was not.
Q That is your opinion.
A That is my <?pinion.
iii Q
ll:IIIl-ll:oCI.III
.11:
l-ll:
:JoU
..I
C
u
ii:II.o
Anyother questions?
MR.FERGUS:
MR.CARROLL:
questions ?
THE COURT:
MR.CARROLL:
(witness excused).
MR.CARROLL:
to the stand please.
I have no other questions.'
Does the Court have any other
No.
You are excused,doctor.
I'd like to call Mrs.Harden
-,
WILMA HARDEN·ISCAL,LED AND SWORN.'
DIRECT EXAMINATION BY lVJ:R ~CARROLL:
•;•~J,:-\
Would youl for the rteco:r:dl.'.state.,your t;lame please?..,.,
Wilma Harden.
And where do you live,Mrs.Harden?
342 East Beau.
In the City of Washington?
Right.
What is your occupation?
Practical nurse.
And are you liceru;;ecr in the Commonwealth of Pennsylvania?
lam.
And how long have you been licensed in the Commonwealth of
Pennsylvania?
15 years.
And during the period of time of 1959 through 19601 were you---
116
MR.FERGUS:.Excuse mel Mr.Carroll.
Your Honorl I object to this witness and I ask;for an offer of proof.
MR.CARROLL:If Your Honor please,we offe
to prove by this witness that she was a p~actical nurse at the.time
of employment for taking care of both Mr.and Mrs.Griffin,that
she was employed there for a period of,time of approximately one
year from September of -1959 to and through-a portion of September
of 1960;that she,during a portion of her employment,was paid
Wilma Harden 117
",by either Mr.or Mrs.Balent;and that during the period of time in.
"which she was employed and the hours of 'employment,that -Mr.
Balent often visited with Mr.Griffin;and that the r~nning of the
affairs was taken care of by either Mr.or Mrs.Baie~t during a
.'
offer other testimony relative to the activities of 'both Mr.Griffin
employment,or excuse me,the time of employmen:t during the
observed ,both Mr.and Mrs.Griffin.And also any other additional
I object,Your Honor.,on theMR.FEI1GUS:
testified here before.
.,.'~
basis that"this witness is irrelevant,imm'aterial and the matter is
•.,.!••'.."..,
.
and partlycompl'ementary and .supp1l?mehtary.to Mrs ..Wells,who
In effect,h'er testimony will be p<;trtly corroborativE
her cours'e of employment during th~t period of time.
po~tion of the time of her employm.ent;,that her period of time of
as a nurse during the period of time she was employed and she
and Mrs.Griffin and render an opinion as to the no~ma1ity of the,S e
facts which are relevant to,this particular claim which dealt with
,
actions,based on her experience as a practical nurse prior a'nd
day was either a,fqur to Midnight or three to eleven.And she will
•«.
z .0(>oJ>IIIZZ11/A.
i0'~0Z
:I:III0(
~
.,:ua:~III
i5•.I~u
i5
:J..,
:tl-I'til
,iii
II:11/.~II:0A.11/
II:
~'II::J0U
oJ0(
uii:II.0
e
not proper before ,this Court.
THE COURT:.,'"
The objection is overruled;
e~ception noted.
--_._--------------~------
Wilma Harden 118
(Continued direct'examination by Mr.Carroll):
Yes.
Yes.
And who was in the'horne at that time?
You mean who worked there?
"
..
'59 and disc'hargedin "60.
Yes.
Mrs.Balent called me.
No.Were Mr.and Mrs.Griffin both'in the horne?
RighL
How long were you employed in the horne of Shan and Sarah Griffin?
I was employed to take 'care of him but we were to watch her.-,
At that'time?
Were you employed to'take care of both of thein?
.
And by whom were you employed to corne into the Griffin's horne?
t,O
And during that period of time of approximately one year~what wer
What year are you talkir:g about?
And you went there and took up employment in'Septembero£'59..,
September 29 until September ,the---lacking ten days of being a year
,Mrs.Balent called you?
Q
A
Q
A
~Qz0(>A'~
')-III
Z
Z1&1 QlI.
Z0I-CI Az
:tIII
0(Q~
..:u Aitl-ll)
'0 Q...
~u'0 A:J..
%I-....Atil
iiill:1&1 Al-ll:0II.Id Qll:
l-ll:
:J0 Au.
~0(
u Qii:...0
A
Q
•
."'.
your hours of employ~ent?"I'.
(,,".t't.,.-',,•.
A I think'Ye.worked four to tw~lve~'.but I'm 'riot sure'."iF ~ight have
!
been three to eleven.
\
i~J f ..
Q It was the latter p~:rt of hie after-nool).and'evening .portion.
Wil'ma 'Harden I
,
f
.<,.,
'"."...,•..•...'t
119
Yes.
,;
That is the turn you always'w'orked?
There"yes.i t
How Jiany days a week did you work there?
Generally six.
And who else was employed at or about the same time if you know?
Mrs.Austin relieved me always.
Was there anybody else employed at that time duririg that period~
of time?
Well~.Marie Henry was on the morning turn;Mrs.'Wells was on the
the house.
A Occasionally.
"night.
A Well"Mr.Spriggs did at first.
How did you get the checks?
you initially for your services?
Q Did this continue throughout your employment"this method of
A One of us would stop there and pick them'all up and take them up to
Q Would you stop and get them?
Q,
.
Q During the period 'of time that you were employed .there who paid
..:ui~VI•Q...~~c
j..,
:I:..,..
N
iii0:IIII-0:0Q.
IIIIt:
~0:j
0U...
~Uii:II.
0
e
payment?
A No.
Q What happened during the course of the employment?.'
A Well"Mr:.Balent told us that we 'wouldn't be picking the checks up
Wilma Harden 120 I
there"that he would be paying us.
And is't;!lat what happened after that?
Yes.
You were .paid by q'he:ck ftt all times?,
Yes.'
During the entire course'of your employment?
Yes.
Do you recall whether,a;,ny of the checks which you received at the
time when Mr.Balent took-the running of the affairs over"whether (r"
not they were Mr.BalentIschecks ,or checks of Mr.Griffin?
I should remerpbe:r hut I don't know.I can1t tell you for sure.
You were paid by Mr,.',Ba;leht?
.,'"
,Th~trs right.
•
Now did that payment Or m'~t:li'<ild\of payment continue to the end of
your employment?
That's right.
Did the bank pay you at any time while you were'there?
I ;l""",;0',.,
'lio'Ji ,,!
I can't tell you.It was,only'a.week~or'two before that that thef~_...~4 ,,......
bank came out 'and looked 0v:er things and they told us.
Q About a week or two,before'you meaiJ.ibi;'~ore you lett.
..I.·~.,
A Before I quit,and the.rsaid 'th~t we ,woul~b.e leL go'because the
money was gone.
Q Up to that time"Mr.Balent handled .the affairs.
.Wilma Harden 121
A Yes.
Q 'During the period of time that .you were employed,did Mr.'Balent
come to visit either Mr.or Mrs.Griffin?
"
At least.Sometimes oftener.
to take care of Mr.Griffin.
period of time?
I,
The objection is overruled.
Your Honor"I object to this.
THE COURT:
MR.FERGUS:
Sometimes a half hour to an hour.
This is irrelevant"and immaterial•
That's hard to tell.
When you went there as an employee".you said you were employed
But he would come out perhaps once or twic.e a week?
.....4 ...
.~I.'-'f -,'t .,.~~-..:_~#How did he behave or whaf'diCl he do whenywwent·thete 'during
That'~'right.
Would you have any idea how long he might have stayed during that
a week;sometimes it would be,well,~:ften more than once a week...-..
How often would you say he came,?
Oh~.yes.
;
I can't tell you how often.Sometimes it would !?enio~e than once'
A
Q
~Az~>..J>-III
Z
Z~Q
i0t-oZ
XIII~A:t
..:uiii:,Iiic'
..J~
UC::>.,
:tl-I'Aw
iii0::III Qt-o::0II.III AII:
t-o::::>0 Qu
..J
C
uii:I&.0
A
Q
•
•
the first portion of your employment?,
A
"
Well,he was a very 'quiet 'gentle:\pe,rson.,
Q ,And what did you'do'to "take,care of hi~'?,
,~t·.,..
A Well,he wasn't ambulatory.He couldn't do nothing for himself.
~---------,.-----;..-----------------,---------------------~------
,
Wilma Harden 122
You had to get him out of bedl put him in his chairl take him out of
his wheelchair.Sometimes he fed himself,sometimes he didn't.
Q During this'period"of time,this is the first term of your employment,
that?
because she was wildl I mean•.
We111 I don't know •.
..
.'
What wouldn't she do?
-.
Give us a few examples of some,of the ,actions.,
...rt.-+,'.~'If.r";'<1(,,>~...~4lr....~-.~'"~'...
What would she do?
You also made the comment in part of your prior testimonYI Mrs.
So she didn't.tear the place down,is the only thing I can:tell you"
.
poisoning him.She'd go down and bring his tray up and there would
Hardenl that you-had to 'watch Mrs.Griffin'.What do you meari by
maybe a pitcher 6f milk"that's the kind of tray she'd bring him •
Can you just give the Court some instances of her actionl what
We111 for instance~'she'was very disturbed.'For instance"she
,
be a pan of ice~ubes"a hammer and a saw',two or three knives,
would tell him not to eat what we'd bring on his tray,that we were
so to speakl in September of '59~how did Mrs.Griffin.,behave ?
.did she do or sayar how did she ayt?
A
Q
A
~Qz~~>VIZZ\&III.Ai0I-eIZ
XVI~~
.to=uii:I-UIjj
.J ,.~ujj
Q;)..,
:!:...,...
cot
vill:\&I "I-
0 ll:0II.•1&1 A :ll:
l-ll:;)
0U
.J
C.uii:'QII,0•
•
·A To begin withl she would go outside and run off.We'd have toget
her.She would hide whenshe went out and there was never locks
t ~<~t
put on the doors,so she couldn't unlock the regular lock,she had
t"......~.~'...i
control of it.She'd get on the"telephone for hours at a time and she
---------n-------;-~---.,.---------:-----------------------
s '.
.
Wilma'Harden .
f""-.
.-'
always was coming in with:"-..;.!never seen so many scissors and
knives that she brought in and telling you what she was going to do
to you if you .didn!t get outl which we would take from her and.put.,
in a w~rdrobe~There was a wardrobe in the b!lthroom and I just put
123
•~z
0(>
gQz.ZIII
II,Az0I-~Q
xUI0(~
I t-=!:!AII:I-UIe0
.I0(
§c Q::l.,
X......N
viII:~A,II:oa.IIIa:
I-a:::loU
.I0(
uiL QII.o .A
them in there and tl).rew them~you could hear them fall back;the
shelves had no end.
How,was·Mrs.Griffin's,physical condition at this time?'
She was badly'mentally disturbedl that's all.
,
Did this condition in terms of her'F1ental conditionl 'did it remain
the same or g~t worsel in your opinion?
She got worse as the time went on.She would have days she
,wasn't so badl but6ther days she'd be terrible.just very disturbed .
When Mr.•Balent would come to visit Mr.G:r:iffinl would you be
present when any',discussion occurred between the two of them?
!could have beeq sometimes !went out but mostly you had to stay
,,.
to see what she did'because she spent an awful lot of time in his bed
room.
You talked to.me on"Saturday of last weekI did you not?
Yes.
Q !informed you that at least partly that this action'involved a right 0
way or easement which Mr.Griffin had adjoining his property on.
Main Streetl is,that not correct?
A Yes ..
Q Did you ever hear any discussion by Mr.Balent with Mr.Griffin
Wilma Harden 124
relative to this right of way or easement?
MR.FERGUS:I object,Your'Honor.This is
,"
me."Now I don't kno'w what-..::",,
this?
Yes.
The obj ection is overruled.THE COURT:
/.".......Do you reca'U any of the specifics'lor'the discussion?'
You heard discussions by Mr.,Balent with Mr.Griffin in regards to
Any more than he would say to hiIll,"Shan,you know you promised
Oftentimes he talked to him about it.'
There was a vacant area"you called that th~alleyway.
I calle,d it an'alley,I don't know what it was.
And what was known as Alex Stathas.'s shoeshine shop;','
He would talk to-him about what I called the alley b~tweenJ yo,u know,
In other words,you are talking ,about'the Washington Meat Marke\.
between the market and the shoeshop.
hearsay.
,Yes •
A
~z
0(~~QzzIII
A..Az0I-~Q
:tIII0(~A
..=u,ii:Q'I-IIICi
~A'
0Ci..~Q
%~,..
N
iiiII:
III
irA
00..III
:QII:
:J0vA
oJ
0(
Ui.i:I&.0
•
MR.FERbus:,Yo~.Honor",I obj~ct.This is
...l ,..,
the grossest kind of hearsay.'
MR.CARROLL:If Your Honor please,this'is
conversation which occurred when Mr.Balent was present,and,
.Mrs ~Harden overheard this.I think this is obviously an exception
to the hearsay rule and that is the reason I am going into it.
----_......::------------------------
Wilma Harden 125
THE COURT:The obj ection is overruled;
except~on noted.
MR.CARROLL:I'd like to repeat my questionl
•
if I could.
,THE COURT:The s teno grapher will read the
And did this conversation or conversations.)if you can recall,occur when
I wouldn't know what he promi$ed him.He'dtalk about 'this ground.
you first became employed or after?
question.~z~~(Stenographer reads back last question).
IIIzz~A
io~Qz
::z:
III~~
•
N01 later on.
Would youTecall when later on?
I can't.recall the dates.
I'm not asking you 'to recall the dates specificalfY'Mrs.Hardenl
It would be after January of 1960?
I realize it Is difficult.I?ut would there be a period of time that
Decenjp~r or something of that nature?,
-t r •~
_1 ,,-...','rYes.
,!"
Well,it wouldn't be that fi:rst year,that.ria,rt of the year~
_",_"£*',J
might be fixed in your memory,such as a'fter the year or January 01
Q
A
ui0:IIII-0:olLIIIII:
I-0:
:3oU
.IC
~A......o•
Q Now you had occasion whenyou were there to observe Mr.Griffin's
~.-~-.~....j~
"actions and his attitude during the course of that approximate one
year?
, A Yes.
'------......;,;,.----------------------------
Wilma Harden·-1"
'1'.\-"..,+.
126
,.
r Q
.A
.',Q
I
Did he maintain his condition or did itworsen 'as time went on?
Well,he graduc:.lly,worsened ..
That's al1~the.questions I have of this witness,Your Honor.
..
I •...
He was at his holise?
No.He was at home at that time .
would take care of our c,hecks.
for the checks,is that right?
Mr.Balent'just came and said that he
FERGUS:
Now when Mr.Spriggs was ,paying you,you had togo to his office'
Balerit or 'Mrs.Bali:mt or s,omeone did?"
There wasn't any details .
Do you recall the details as to why he stopped paying you arid Mr.
I :o.annot tell you.
That's right.
Mrs .Harden,you stat~d that Mr.Spriggs paid you at first.
.Do you recall how long a perio.d he paid you ?
..:ufQ
Cllc
.J:!u
C
;A
x..,..
l'II
iiill:11/
It QoII.11/II:
l-ll::>o
U A...«
UE Qo
«,z CROSS EXAMINATION BY MR.«~~Qz11/
II.
i A
oI-.~
~Qx
Cll«~A
•
A His house;he wasn't able to be out.
Q Where did he li'lie?-
A Beau Street,'East Beau.
Q So you went to East~Beau Street to pick·up yourcheck,is that true?
A That's right..
.'
------~----------------------------
Wilma Harden
Q I'd also like to clear up another point.Mr.Balen.t handed you or
Mrs.Balent handed yo,?-a check,is that correct?
A No.There wasn't any handing of checks ...'I.'hey were put at a place
where we knew where to pick them up.
127
•Q
:!:Az0(:i~QzzIII
a..Az0l-.~Q:z:UI
0(
~A,.:uiii:I-UIeii
.J Q0(
Uii:J A.,
:I:...r-
C'<I Q
iiia:IIII-a:0II.
IIIa:
I-a::J0 A.u
.J0(
u
i&:QII.
0
e A
Do you r.ecall who signed those checks?
-Mr.Balent.
Could it have been someone else?
No.
Do you remember if these were personal checks of Mr.Balent?
I don't know whether they were personal checks or not.But his namE
was on them.
He was the individual who signed them,is that right?
That's right.
You test,ified'earlier that Mr.Griffin said to Mr.Balent that---or
Mr.Balent,excuse me3 'said to Mr.Griffin,ilShan,you know you
promised me.II Is'that correct?
,ThatIs right.
What did he promise?
Thatls what I don't know what he promised him.They were talking.
about this ground.He -would say,II~OU,know you promis ed me.II
Q You have no idea what he promised?
A No;any more than he would t~ll him how good he had ,been to him
over the period of time'.
Q He could,have promised anything,is that right?
.-
i'.••,I ,..
Wilma Harden 12E
A You mean Mr:Balent?
Q Mr.Griffin,,some time in the'past.
A No.Mr.Balent would say to Mr.Griffin---
to the question on the basis it calls for a conclusion of this witness•
,MR.CARROLL:.If Your Honor please,I object
without her knowledge and she's testified'to it.
,
The objection is overruled.
Do you want to ask anotherTHECOURT:
THE COURT:
question?
~z0(~)-IIIZZ .~(Stenographer reads back last q\lestion).
zoI-"Z
XIII
0(
~
So the only thing you can testify to as far.as you overhearing con-
versations about prom'is~s'is :when you wer'e actually there,is that
,,"
Griffin talked?
I think I have established my:
.."
MR.FERGUS:
I was only pres en.t,on the 8:00 0 rclock shift in the evening.no.
right?
Oh,
point,Your Honor.
.,:ua:I-IIIQ...0(
U
Q:J ,~(Continued cross.exa:n;iJ;lation by.Mr~,Fergus):.
:;~'.#"4"'.:,.4 .--:.....'~~~.,,"
iii Q Weteyou present a't e'ved/time Mr~B~lEmt and.Mr~
0:IIII-~AII.III
II:
li:,Q•:JoU...~uii:...O'
•
A That IS right.Just when I was there.I had nothing to do with the
other turns.
Q You have testified you 'didn't hear any of these conv,ersations at the
earl~er part of your employment,only later.Is that correct?
A We 11,he would call.Everytime he would corrie he would talk to
•
Q
A
Q
Wilma Harden
him about the market and talk about the building.
I'm interested in the promise part.
No~that didn1t come until later.
But any of these conversations could have occurred at some other
time when you weren't .there.
MR.CARROLL:I object~Your Honor.I think
itls obvious it could have occurred.This witness doesn't know and
she's s·tated.
129
,THE COURT:She has answered the question.
•
I don't think it's going to ha;m anyone.
What was your,relationship to the Balents?How did you feel about
Mr.and Mrs.B~rent?
MR.CARROLL:If Your Honor pleas e,I object
,i.
I think this goes beyond
to this line of questioning~She is a witness who has testified to
certain'facts and she's t(;stified,.as to what her relationship with
:.f-.1,r--'$
I ":,,r
the scope of the direct examinat~on.·
Th"e obj ection is overruled.
".
Q
;How did yoU:'feel personally-towards Mr~.'and Mrs.Balent?
I have nothing against them,.But I did think Mr.Balent swayed
Mr.Griffin definitely.,
Excuse me?
A . I had nothing against-Balents whatsoever.But he was always
wanting,reminding Mr.Griffin of what I've did for you in the past.
~-------n--------;-----~-------------------------~----------
Wilma Harden 130
Q But you don't have ~ny idea what that was,is that right?
A No,I don't know anything about it.
Q I have no furtherql;lestions,Your HonoT.
MR.CARROLL:.'I have no further questions,
'..MR.CARROLL:,,·,At,this time,Your Honor,I
would lik~to introduce the certified copi"es of the records of the
,trust".estate and on the estate and heirs,of Shan Griffin and Sarah
Option Agreement which,in effect,.appears to be binding on both
No.You are .excused.
Griffin.
builaing which houses the Washington Meat Market;also a Purchase
to a COlIrs eofprior or past dealings between parties as wel'l as a
his wife,-dated October 25,'.195?,!in which is set forth a recital as
Griffin,his wife,and between Andrew Balent and Margaret Balent,
specific leas e option agreement with'terms and conditions as to the
Recorder's 'Office of WashIngton County,the record in Deed Book'
and a ,Lease OptioriAgreerrient between Shan M.Griffin and Sarah,.~..
THE COURT:
(witness'excused).
unless the Court does.
,.
.Volume 1012,Page 336;which is a Memorandum of 'Agreement
•,,
0(
z0(>oJ>-IIIZZIIIa.
i
0I-0Z
XIII0(.3
.:..uii:1-'
,-III•Q
oJ~uQ,;).,
:tl-I'-
(II
;
eliIl:IIIl-ll:0a.11/Il:
I-.Il:
;)
0u
oJc
u
ii:lI.0
e
THE COURT:Mr.,Carroll,does .your motion
~...
include the exhibit.;"AII which is attached to the Memorandum of
Agreement?
l",
MR.CARROLL:Y~s,Your Honor.All of the
",~
131
items which encompass that document are included in my motion..ye .
MR.FERGUS:I object to that,Your Honor,
"as being irrelevant.It's a document that ~as executed in 1956 with i s
roots back in 1947.And I ,feel it has no materiality to this par'ticulal
question.
case•
For that reason,we res t without further 'testimony.
exception noted.The document is received in evidence and made
that all of'these exhibits have been ruled on,as we have introduced
The Court will not comment at
The obj eC?'tion is overruled;
If Your Honor please,I assume
THE COURT:
MR.CARROLL:
THE COURT:
re~ationshipof confidentiality:.which we initially set out to.prove,
and it is our 'belief that the burden'no~shifts to the oppos'ing side;
It is our ,contention that basi~ally we have shown a
I would so move at this time.And for the present,wf!rest as to our
part'of the record.
,
them and they have been made part of the record.If they have not,
,this time on the burden of proof and who has such.It is immaterial
..:uii::nQ..
0(
§
C
::l.,
:z:......
(II
~z0(
~>-VIZZ
III'II.
ioI-oZ
xVI0(~
iiilI:IIIl-ll:'0II.III
II:
l-ll:::loU..
0(
U
ii:...o•
.'
I
·
,'"~
to th~issue.
MR.CARROLL:AU right,Your Honor.
THE COURT:We will hear any testimony
that the'clefe'ndant has.:,:-\• i
"
..
132
MR.FERGUS:Your Honor"our testimony"
I had planned to bring in Mr.Amanati today to give a real estate
appraisal.However"he is in the hospital and I would ~sk a continu-
anc·e to a later date so we can bring him in•
to reserve the right to call one or two witnesses to testify very
.appeared before.the Court here on another matter and I told him
no objection to this.Mr.Fergus called me this morning before I
briefly,particularly in light of Dr.Proudfit's testimony•
Also"Your Honor,I would like
Do you have any idea how long
i-t,}
Your''Honor"I understand they
If Your Honor please,I have
,}t
MR.FERGUS:
MR.CARROLL:
THE COURT:
.t '..1
MR.FERGUS:·
!'•,.I
any time in the hear 'future.
Mr.Aman:;tti will be laid up?
think he will be out of the h?spital tomorrow.Apparently,it was
...
some suspecled heaft conditIon.So I would assume that it could be
have no objection..to ~t whatsoever.
,
as long as the Court would be willing to grant the motion,I certainl~
•~z0(>..I>-III
Z
Z'IIIII.
Z0I-elZ
:rIII0(~
t-=uii:...III•ii
..I0(
ij
ii
:l.,
:z:......N
"uill:.III'
l-ll:011.1&Ill:
l-ll::l0
U
..I
0(
ij
ii:...
0
THE COURT:.I'd ,like to have this next
Wednesday,if possible.
MR.CARROLL:I have no objection to that date,
Your Honor.
THE COURT:Wednesday,February 26,at
1:30.
r---------;;----------------------------------------~-----~
133
On Thursday,May 29,1969,at 10:00 o'clock A.M.,the'hearing'continued.
MR.FERGUS:If it pleas e the Court,this is the time set to
•
continue the Shan Griffin affair.It is my understanding,that Mr.
'Carroll has no mor'e witnesses.And therefore,it is up to IT.l;e to
present my case.
«
z~THE COURT:
oJ~III~MR.CARROLL:IIIQ.
io understanding.l-e>z
;MR.FERGUS:«~
I believe that is correct.
That is correct,Your Honor.That is my
For the record,I would,at this time,ask for
•
..:oitt-III
Q
oJ«
!:!c
:l.,
:tl-I'
N
a dismissal of,Mr.Carroll's case on the basis ,that he's presented
no evidence which would warrant the Court going any further.
The Court lacks jurisdiction and improper place to have ,questioned
what apparently is alleged fraud which occurred several years
Iwhoisarealestateexpert:
before the death of the decedent"Shan Griffin.,t '• ,.,.liii0:IIII-2THE COURT:
11/a:
~MR.FERGUS:
ou
oJ«
u
ii:
II.o
The motion is overruled.
-I have one_witness,Your Honor,Mr.Amanati
,.
-------------..----c------------------------------------
Mr.Amanati
GENE P.AMANATI IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.FERGUS:
134
•
•
Q
A
Q
~Az~>
gQzz~Az0l-e>z
I:lI!~Q~
t-=u AIl:l-ll!i5 QoJ~ui5 A:l..,
:t.."QN
!IiIl:IIIl-ll:0B-
III A0::
I-0:::l0U
.J
0(
u
i&:...
0
Would you state your.full name please.?
Gene P.Amanati.
Mr.Amanati,what is your profession?
Real estate appraiser and broker.
Where do you do your work?
Entire county of Waspington,'Greene County"and also some in
~...,,\
Allegheny County.
How long have you been in the real estate business?
Since 1948;approximately 21 years.
For this entire period,has it been in Washington County?
Yes.sir.
What educational background do you have which qualifies you to be
a ,real estate appraiser?
I'm a graduate of St.Vincent College with a Bachelor of Science
Degree.I also attend special courses at the University of Pittsbul gh
in real estate appraising.real estate law.I also took the Americ n
Inst,itute courses and appraisal course Number 1.Number 2.
Number 6 and Number 4.I also attend seminars throughout the
tri-state.area and belong to various societies and organization.
And I have been an appraiser since 1958,appraising for the State
Highway Department and also plaintiffs.
Q Is there some license that you have which gives you the right to
,Mr.Amanati 135
appraise property oris this just part of your general real estate
broker's license?
A This is the general real estate broker's l~c,~nse..
Q Could you enumerate for the Court which pr,ofessiqns and societies
A Yes,sir.
A I belong to the Washington Real Estate Board,the Pennsylvania
Q Have you had any particular experience in appraising easements?
Any cross exami~ation,Mr.
Yes,Your Honor.I have a few questions.
THE COURT:
Carroll ?
an expertwi.tness.Does 'Mr.Carroll~a.v'eany questions?
.,>
Could,you expand a little and tell the Court'what that experience is
•.••-''I'
";,'/1;1 ,I ~_...;,
I have 'appraised easements for gas line right',,-o.("-ways and West
Penn Power Company rig,':J1tt-of:"wa£s~,.
"•~111'''-;'.,~l l
IT it pleases the Court;'I b~liev~:weqbalified Mr.Arnanati as
the Society of Residential Appraisers.
Boards,the American Right-of-Way Association,a member'of
Realtors Association,the National Association of Real Estate
you belong to?
MR.CARROLL:
A
Q
iiiII:~Q
II:oII.\&III:
t-Il:':Iol)
.J0(
l)
ii:k.o
'.
~z0(>.J>-UIZZ\&III.
i
0t-elZ
X
UI0(
~
..:uii:t-!!!•0
.J
l(
U
0:I.,
:tI-r-N
"
Mr.Amahati
CROSS EXAMINATION BY MR.CARROLL:
Q When did you become a broker?'
A 1950.
Q .
And have you maintained a real estate office in the City since that
A Yes,sir.
A I Idsay during th,e past five years.
Q I understand that.I ~m,apking you when.
,I
When?,.
Yes.What'year?"\;•,
1 :';.•"
'.f
When did you do that ?
tim'e?
a pprais ed easements for'the gas line and West Penn Power.
exact dates on those.But 1 have .handled easements for plaintiffs
A Well,that's part <?f my appraisal work.Geel I can't tell you the
..of i <t.",i.."'tthe.West P,enn Power ,Co.mpany..
on properties that they·have put gas linE;s through and farms l also
A Oh,I've done that over'the years.
Q
Q Now I believe 'you testified on direct examination that you have
A
Q What number of years or when did'yo,u start?
Q
•~z~>.J>IIIZZ\&III.
i
0I-~Z
XIII~~
..:u
ii:I-IIIe'i5
.J~
ui5::>..,
:tl-I'III
!Iill:
\&Il-ll:
0II.\&Ill:
l-ll:::>0u
.J<
uii:...0
e
Q Sa:y for 1964 to date?
A Oh,yes.
Q Approximately~
A Yes.
Amanati 137
Q And'you have done this for the West ,P.ennPower and for the Colum ia
Gas.
A No.I did it for the plain~iffs.
,-._~..
Q Who would have made a ,claim a'gainst either persons or corporatio s
.that wouid ha.vecondemne'd their property.
Yes,sir'.
Haveyou testified in Court on ,these items'?
I have testified before the Board of View.'
O~ly before the Board of View?
Yes,sir.
Have you ever a'ppraised easements in the City of Washington?
.,'
No,sir.
So when'you taik in terms of'easements,what you are s peaking of
thenis,piI,?eline or gasl~rie rights-of-way,.,Is that what you are
..tai,ls~r:¥about..;?',.:"
Yes.
.,•l'
That is what your experience,in this fi~ld,has been limited to.
Yes,sir.,.~~.~;.<.
,Haveyou fqr any person or~corporation,apprais;ed values of p'rope ties
generally on Main St~eet or ,in a'nd around Main Street?
A Yes ..1 ~ppraised the entire Smith esta.te for"the inheritance,'the
Pennsylvania Department of Inheritance 'Fa'x ..
. Q For Inheritance 1;ax purposes you say.Is that what that appraisal
was for?
Amanati 138
A Yesl sir.
Q And when was that?
A .Geel I don't know when that was.It was after the .death of Mr.
Smith.•Q
0(Az0(>oJ~UIZ
ZIII·
II.
i0 II-0
Z
X
UI
0(Q~
...,
Main Street?
Yes.
then thed head of the Inheritance!Tax Department
~",'r-
.....'I '•
•~..~._".J ".f
It was during the time that he was downstairs
.purposes.
And you have done that for Inheritance or Federal Estate Tax
Yes,sir.
That is the only property you have ever appraised?
Let's limit it to that,between Beau arid West Chestnut on Main.
Terlingwas
On the Main Street---when you're talking about Main Streetl are
Is that the only property you "have ever appraised in or around
,
Would that have been in the'60s?
I would have brought my file.
Would that have been in the last five years or---?
you talking about between Beau and West Chestnut?
downstaiis •
Would that have bee.n in the last"few years?
working with the state that I di~'it for t~~m.
Geel you're pinning me down.I don't know.If I'd have knowrrthatl
.
Ohl yes.I believe it was in the'60s·.
No.It would have been longer than that~I thinkl because Fred
..,:u Aii:l-UI
Ci QoJ
0(
UCi A:l..,
:t..,...
N
Iti0:QIIII-0:0II.IIIa:
I-0:
:l0 Au
oJ0(
uii:l&.0
Q
A
Q
A
Q
".
e·
t ,
,Amanati
A That is ·correct.
Q Do you not take a different approach toward the value of property
when you apprai$e it for tax purposes than WRen you would app'rais
139
Maybe other apprais'ers do1,but I d~n't.Ihav~one market value.e A
~,t for general resale purposes?"
~Qz0<>oJ>-,UIZZ1&1II.Ai
0l-.e!,~
::t
UI0<~
~u
itI-UIe,0
oJ~
20
::l
""I,
:I:I-r-til
iii0:,1&1 QI-0:'
0II.1&1II:
I-0:
::l0 Au
oJ<
·u Q.ii:l&.0
A
Q
A
And what properties did 'you appraise for the'Smith estate which
weremn Main'Stre,et between Beau and'Che·stnut?'·,,
We1l1 I appraIsed 'ev.erything from the point of where the easement
was1 all the'waY,dowt:J.to the Post OfficeJ 1 believe1 on-.;.-is it
Shaffe,r Alley there1 the'Ric,hman B~ilding1and in b~ck of the
Richman Building are 'some more buildings which they own;the
WashIngton Country Club1 I believe1 was involved in that.·There
",
was also'·some vacaht land somewhere.'It was quite an appraisal1
I'll havetto admit:
,,"'<,•.:t
'.!..t
When you sp'eakabo,4t the.eas~m~nt.,did 'you appraise the 'easemen
,for the,estate 'as well ?
",.,t
•,'1'
NOJ I d.idn'f.I took .that ''it 'c,onsideration in the entire tract of land
~.-~I'"l "",:;..,
Did you giv,e a writt:Em report to the,Smith estate?.
To the Smith estate?
For your appraisal.
NOJ sir.''1 gave awritte'n repo~t.tothe State Inh~ritance Tax
Department.
Q You did it for the state for Inh~titan~eTaxpurposes.
L.-~_---'''----~~~._
~-----;------..--------------------,------------------------,--------
Amanati 140
MR•.FERGUS:Your Honor,I object to these questions ..I
think we are,'getting beyond whether or not Mr.Amanati is or
is not qualified as a real estate expert.
THE COURT:I think the questions are proper.The objectiotl
is overruled.Exception noted.
Two~it is admitted by the witness that he has examined property
One~no general qualificati9n as to the types or nature of propertie
which he speaks·of in ~erm's of appraisiI1:g have been apparently
..
.,
If Your.Honor plea:se~I 'would~at this time~
limited to gasline ~r pipeline rights":of-way and the easement
that he wou10 'appraise has,been brought f?rth on direc~examinatiOl .
object to the qual,ifications of Mr.Amanati for the following reasons:
~".',..
in th~area only once and for .the,limited purpose of a report to the
......_.~,
.:.•-t \,;.,,'0 ',.•,f·,.....··f(:~-I ~.'"
state for Inheritance Tax 'purpos es.,.;Three~.theit the eas'ements
CARRObL:•~MR.z>(>.J>-IIIZZ111lL
i~,
'~
Z
:I:III
>(
~
.:!:!
0:t-IIIe0
.J>(
!:!0:J..,
:tl-I'-N
involved here has n.o!?in~to'§~~ithg'aBline or pipeline rights-of"".
way.
MR.CARROLL:
•
rti0:111t-o:olL111a:
t-a:
5 THE COURT:u
.J>(
U
i;:...o
,The obj ection is overruled;exception noted.
Thank you,Your Honor.
Amanati'
DIRECT EXAMINATION BY MR.lFERGnS':i
Q Mr.AmanatJi.at my request.did you examine property located
141
•
e·
A
~,z~QoJ>-III
Z,Z1&1a.
zol-e>z
xIII~~
....Auit
Iii Qc
oJ<
U
o:J-,
:l:l-t-
N,
~A
1&1
I-.a:oII.
lda:
I-a::JoU
oJ<
u
ii:II.o
on North Main Street which.for simplicity sake.I am going to.'
refer to as the Smith estate p,roperty and the G~iffin,estate propert.?
Yes.sir.
Also.at my request.did you examine certain documents concernin~
this property and.I am particularly interested in the last 'will and
testament of Hugh Wylie dated January 30.'1827.and an extinguisr -
merit of easement which is ,dated the 18th day of February.1960.?
Yes.sir.
From examining the property an~these documents.cO,uld ,you explc in.
to refr:sh the Court's memory arid mine;what this easement is
"
that we have been talking ,about?
t -. .~!.".-..t·t
oF,;-,,i-•••">/\.I ./J~..~.',''_..i-
This was an ease'ment in which to giv'ethe right to Smith estate
to have the property in,f~~simP1e and.,the Shannon estate.who.-~..
~"':'_r'~.....~',.
owned the abutting property.the right in which to get back into the
.,+I J t'~'"~
backyard and also to the Smith :estate.'who had access to a well
,.
on the Shannon estate.
Q So the way you understand the will which created this easement
,..'.is that the Griffin estate had the right to get into their own back
yard and the Smith estate or their predecessors in title.had the
right to get:to a well located on the land of the Griffin estate.Is
,that right?
Amanati
A That is correct .
.Q In your opinion"what value would thos e eas ements haye"providing
they do'exist"in 1960?
142
MR.CARROLL:I object"Your Honor.I
don't think he's been qualified to do that.And I think the question is
quite far-atield.
.I.
Mr.Amanati has been generally qualified as an.
appraiser and that's all'tthat's been done solfat:!,,',-.I'.."-.
THE CQURT:I see,nothing wrong with
Q
the question as far as the conte,tit of it is concerned.':The problem
,.
here"though"is'to give the v:~lue16~a specific easement.'And I
don't believe that we have included enough of the specifications of
that easement yet.Before we get Cl-question as to value"you shoulk!..
identifyit and know wha t we are valuing.As to that portion of it"
we wOl;lldsustain the objection.
:J.-;Bt me explore that point a little further"Your Honor.Mr.
Amanati"can you give the specifications for that easement?
"
A Well"according to the terms of the original easement dated back
in the early eighteen hundreds~gave them the right in which to go
back to the backyard.It did not spell out in theeas ement itself
the width or the area that is to be used"because an easement
ought to be spelled out in the front foot basis and the length of it.
This did not happen.So therefore"it would be my understanding
and interpretation that this was just a path of any kind in which
the property owners"the two abutting property owners had the
Amanati 143
right in which to go into the back and have access to the well and
also to the yard.I
MR.CARROLL:If Your Honor pleas e"'1
will obJect to this~It's not what Mr.Amanati's inter'pretation of
Either one.
Because of the'written instrument of the easement itself.Because
So we will overrule thatobj ection.
We"have to have knowledg eTHECOURT:
Well"1 think 1 could probably generalize and say in width it was
Therefore"can you"in feet"describe the easement?
No"sir.You mean in width or .length?
Because--what makes youcome,t9 !this conclusion?,
purpose for which it was created'.
No.
it spells out in the easement the intent of the 'easement and'the
......,..~..~
Doe,S 'the ease'~'~nt"as fa;r ;~,y04 'unslers~a"ndtit~,Mr.Amanati"
extend clear back to Sha{er A venue?
the easement is that is concerned here;it's 'Yhat value he places
it's proper for him to explain what he is valuing in his valuation.
on it..And that's what he is qualifil:~d for.
of what he is placing a value on before we get his value.1 think
•0(
z0(>..J>-IIIZ
Z
IIIII.
i0,I-
CIZ
:rIII
0(
~
.:~QlI:tii•0
..J0(
U
0 A:l.,
:tl-I'QN
iiilI:AIIIl-ll:0B-IIIlI:
l-ll:
:l0U
..J0(
u Qii:II.0
AeQ
A
just access to the back part.It does nit spell out the number of
feet.It's just.a back lot and they had an easement in which to
get back there.It could have been,a'two'-foot easement"a three-
Amanati 144
foot easement,becauseif my memory serves me right,I think in
this area in which we are talking about where the easement was
•
created was a shoe-shine shop.
Q So this eas ement would not be the entire 11.25 feet that apparently
is in question in this cas~.
:!:Az~>..I>-UIZZ1&1
11.,Q'
i,0
l-e!
Z
XUI~A
It would be my understanding and my interpretation it would not
require the 11.25 feet.
Taking 'all of this into consideration,have you formed an opinion
as to the value to either property of that easement in 1960 ?
In 1960?
Yes .
What is that value?
That's right.
each side to which the easement was originally created,no longer
.,"
,.
The value of that e~se·ment no '.longer exists'.".It has.~lready served
"..,~..~.......~,.....~.'.,1 ••
exists.It's now a commercial property on both sides.,And I
its purpose as of 1960.And by the instr'ument it was relinquished
is no'longer there..The property nowJ.~i:lstead of being a house on
by both parties.The well is propably.no longer there and the yard
,~,_.F~'·'F'II'.-.-",';l •
iiiD:1&1
I-D:o
Do
1&1
D:
l-ll:
:JoU
..I«
uii:lI.o
..:~Q
I-UI~A
~
u
§Q..,
:tI-~A
•
think that the value of the'easement has been extinguished and it
has no value.'
Q .Now let me make one thing clear'.I am interested in the value
,prior to the extinguishment of it.
A The value prior?The value prior to the extinguishment of the
_._--------
-------------------------------------c-----~___,.;__----------_____.
.Amanati
easement was only a value to the adjoining property owners who
had use of it because this was not a.public easement,but a private
easement..
Well,let,me askone other question.Could either the'Griffin
estate or the .Smith estate sell this easement to anyone?..
And why 'is that?
145
MR.CARROLL:If Your Honor pleas e,
.,
we are here as to value,not what they.can·sell or who can sell it.
This is a question of law for th~Court,-and 'perhaps·noffor lawyer~,
.but certainly not Mr.Amanati.
THE COrn T:This is a question of law,
f ,~but I believe this.'witness has.a right to explai!!to the,Court what
'..r/.~.r.,'::..~.'.'.:,,'.-.,';,l-"'."/'-...
he is valuing..And we wil~permit him to give that explanation.
'.\
Of course;if his explanation is contra to the established law,that
\;.
~
is not going to hurt your case.The obj ec.tion 'is overruled.
!
'"',;1-
(Stenographer reads back la~t ques tion).
My opinion of the thing is you couldn't sell it to anyone because
if they sold the property,they'd have to sell it subject to the ease-
.ment and this.is prior to the relinquishment of the easement by
mutual consent.Secondly,if it existed,who would use it·and for
what purpose would it be used?.
Q To arrive at a value ·of an easement,would you not have to·take
into consideration who can use the easement?
I
---------~---------------------------,--------------------,
Amanati 146
Yes .
estate.
Yes,sir.
No,sir.
,,'
,,
;,..,,.'
4 '
Balent'dated the 25th of Octo,ber'i 195Ef?
Now would this agreement effect any possible value of the eas:emen
priCe and the option to purchase the property owned by the Griffin
What does this agreement do?
in qu es tion ?
Now from the wording of the will,who,-in your opinion,can us e it
Yes,sir.
Is the 'easement in question part of this agreement?
Yes"sir.
Therefore,in 1960,prior to the ex~inguishmentof the easement,
But it's not open to general public.Is that correct?
Both parties,the S,miUJ.estate a.1?-d the Griffin estate.
No"sir.
Are you also aware that that agreement recites back to agreements,
Th is agreement has an option to buy by the tenants at the time"
Andrew Balent,Mar'garet Balent,it states specifically the selling
as earlY,as 1947?
Now a::e.yo~,a~,are of the IyIem?rand~mof Agreement between
Shan Qriffin and his wife,Sarah"and Andrew Balent and Margaret
A
Q
A ,
Q•A
I <Q
I z
I <
I >
I .J>-I IIIZ
ffi "
II.
i0I-AClz
:rIII<Q~
..:u
0:-I-,Ill•C A.J~~c Q:J..,
:tl-I'AN
iii0:
IIII-0:
0II.III0:
I-0:
:J0U
.J<
u Qii:I&.
0•A
Q
A
Q
does this agreement effect the value of the easement?
'.
Amanati
I
I
147 I
A No,sir.
Q Now also,at my request,¥r.Am'anati,have you attempted to
,,
We must have left it down the office.I have some sales that were
Yes,sir.
Yes,sir.
•I
'..
l '
f ...-if_.1
•..."lo ~-tYes.
Did we leave tha t down the offige?
made on Main 'Street and the method by which I arrived at the
old State Washington Theater,was sold in 1962,on Augus t 14 in
Do you have my copy of the properties on front feet?
value per front foot on'Main Street was that "I have established a
value per front foot and extracted .off of that the 'value of the buildir g.
Would 'you explain to the 'Cou'rt :how you arrived at front-foot value .
For example,on the sale of the Washington Theater,that is the
~
The map?
I'm afraid we'don't.
And have you,in faet;,done this?t
I think we did.I think yqu,c:=tn.e{{plainit.,,..
arrive at a front-foot 'value for property on Main Street?.";'
A
Q
~Az
0(>.J Q>-III
Z
ZIII AII,
i0~Cl Qz
:x:III0(A~
.,:
!:!Q1I:I-IIICi A.J0(
U
0 Q::l.,
:t..r-A .
N
!Ii1I:IIIl-ll:0II,
IIIa:
~1I:::l0U
.J0(
u
ii:lI.0
•
•
Deed Book 1135,page 14.This·was.an irregular lot with a three-
story brick building on it.concrete foundation,and it had 24.05
feet of frontage on Main Street.and went back 240 feet.The sellir g
pri~e of this building was $25,000.It is my opinion that land on
Main Street was worth $1,000 an acre.or $1,000 a front foot,
--------~---:-~-----------;-----------------
Amanati
allocating in this particular instance $25,000 to the building becausE
it was a theater which hao to .be rehabilit,ated and $25,~OO to the la;nU.
Giving its total value of $50,000 is what the land sold for ,or the
building sold for and the land.
On the property on the corner of North Main
and Chestnut Street,sold from Charles Connors to Donald and
Freda Mintz i This was a 30.71 foot 'fro~tage with 120 "fC?ot depth.
It IS a two-story brick building,stone foundation,flat asphalt
roof,partial basement,hardwoodfloors.This was sold in 1966
".~!•
on February 28 in Deed Book.123p,page 1;'for consideration of
$105,000.I allocated on that,on'the co,rner lot with corner..
inflli'ence,a,value of $1·500.00,a front foot"allowing a,lanq,value
,r ,"r ~1.~'""";f.'...~
v-\'"~.'•~•~..."',•"".,t •'.--.
of $46,ODD,and a building value of $59,000.
Property a,t 48 North Main Street sold from
....t
Pineway Corporation to JackE.and Jeannette Jacobs is a lot
•~.,"\I-~.I ...
...~":''.1 _~~~,;..•I,
50 by 240,is where 'Penney's was'io·c·at·ed.There are two struc-
tures on that tract of land.,I won't describe it to you,to expedite
it.It was sold on April 12,1965 in Deed Book Reference'1202,
page 207,allocating a value of $1;000 a front foot,but a land valu
of $50,000,and a'building value of $60,ODD,for a total selling
,...
price of $110"000.
On the sale of Louis and Ruth Gessner at
25 North Main Street to Charles F.Ames,a lot 40 by 240"
three-story brick building.with a two'-story addition and a story
148
Amanati 149
frame addition,-,a garage,·office and apartment.This property
was sold on September 11,1965 in Deed Book reference 1216,pagE
462.Allocated a land value of $1,000,a front-foot or $40,000
.for the land an.d $69,000 for the building.
,
~,.,..
This was dated back in 1962.
was on a corner.
was worth $1,000 a front foot,unless it was effected because it
"-,
-,
.;~:
.'
f I.e
What is -that?
Yes,sir.
property by the front foot as of 1960?
Now what would your opinion be as to the value of Main Street
$1,000 a front foot,except corner influence properties.
1960,I would say it would remain rather stable.
So in your professional opinion,property on Main Street in 1960
From these figures.that you have'been,giving us"Mr.Amanati;-
-And when would this,as of what date would this be?
r
have you -arrived at an opinion a,s to the front-foot value of Main
Street property?
•Q.
:!:z0(>oJ>-IIIZZ1&1II,Ai0I-
el Qz
XIII
0(A~
..:u Q.ii:I-III•Q AoJ
0(
U
0 Q:J.,
:tI-r-N
iii0:A1&1I-0:
0B-III Q0:
I-0:
:J0CJ
oJ0(
CJii:II.0
A Yes.
.'Q Let us assume,for argument sake,the property on Main Street
in 1960 was worth $2,000 a front foot.·Would'there be any differe Ice,
in other words,does the amount of frontage of a particular lot
effect the value of property?
A Yes,sir,it certainly does.
Amanati 150
Q Therefore,a 50-foot lot would be considerably more valuable than aln
ll-foot lot.Is that not correct?
..
proceed.
That is absolutely correct.
an adequate,useable frontage.'That is all we are getting at.So
If Your Honor please,MR.CARROLL:
No"sir.
•question.
.
Mr.Amanati,in your opinion,is 11 feet of frontage----strike that
\
think Mr.Amanati pught to be able to/testify generally on direct.
."•',-..t'•
I don't think'that we are transgressing any of the rules there.Let'
value a small restricted frontage at the same rate that you would
•$•'f.,"~.......'I ..
t,his is not the issue.And Iohject ,to that question.I object to
~.."
its phraseology since it'is obviously a very leading question and I
THE corn T:Well,counsel is just
,I ..
setting an example.We know what he is trying to do.You can't
it for $2,OOO?
was worth $2~000 a front"foot~would you be able to sell one foot of
Therefore,if we assumed that property on Main Street in 1960
,(At the direction of the Courtz Mf-the-:-recor:d discussion was not
A
Q'•«
z«>oJ~Az'zIIIII.
i0I-elZ
:I:11\«~
~uitI-11\•0
oJ«
§
0:J...
:tl-I'
N
ui0:IIII-0:0II.
IIIa:
I-0::J0U
oJ«
2Q
l&.
0•
recorded 'by the stenographe'r).
Q Mr.Amanati"at my request,did you place a value on the 11.25
feet in question?
Amanati 15 fi
A Yes#sir.
Q What was that value?
MR.CARROLL:Objectl Your Honor#
unless the value he is giving is the value,as of 19601 which is what•«Qz<>..J>-AIII
ZZ1&1
11..Qz0l-I:)Az
J:III<Q~
the issue is.That's not what was asked.
Let me rephrase the ques tion.The value as of 1960.
Yesl sir.
What was that value?
$1#000 a frol1t foot.
Which would be?
I
between Beau Street and Chestnut.
CROSS EXAMINATION BY MR.CARROLL:
A I arrived at that value by,the comparables which I cited at $1#000...
~
a front foot on the value of other sales on the main business distric s
,I
"~
You didn't take into accountl as I understand itl any of the propert es
'.\
f ~<t'~,r _.i
I have no further questions at-this point.
'..
,,~.~..
And'how,did y.ou,arriv,~·'a~this~value?
l '...,~~
$11#250.00.
Q
Q
A
Q
..:lJ
ii:I-III•ii
..J<
lJ
"0
:J.,
x.......
N
uill:1&1l-ll:0II.1&1
ll:
l-ll:
:J0lJ
..J<
lJii:l&.0•which you vall-.led for the Smith est~te.Is that correct?
A That is correct.Because they were not sales.
Q They were no t sales?
A They were not sales.
Amanati
Q But you used that as one of your qualifyin.g base'S for saying you
were qualified to value property on Main Street.Did you ,not?
'Isn't that wha t you stat.ed one of your qualif!-Q.ations was that you ha<
valued property on Main Street for the Smith estate?
That was my qualificatio~?My only qualification?No.You mis-
understood me.
Now on direct examination~Mr.Amanatil didn't you te~tify when
I----excuse me;on cross examinati9n when I asked you if you had
valued any property on Main Streetl 'you stateq that you had valued
the Srnith estate property for Inheritance Tax purposes.
jYes~.sir...
,
Arid that is the only prop~rty thatyou>had 'valued on Mai~Street.
Yes}sir.'-.,
,'
But you didn't take into 'ac6ount inarhving at your conclusion as
to the value of this vacant parckl'l you didnIt ~se any of tho se
appraisals which you made.
N01 because it's improper.Because'to arrive at values you must
use comparabl"e sales onyroperties that have been sold."The
Smith estate was not sold.Tliis was only to establish a value on.
152
the market value of the property at the time of the decedent~s death.
Did you place any value on the Smith easfeiment for the Pennsylvanic
Inheritance.Tax purposes ?
A 'Gee}I don't recall.
Q Could you have ?
-----------------------------,---,---------------
A
Q
A
Q•A
0(
"z
0(>.J>-III,ZZIII~Qz
0I-elZ
XIII
;A
t-=0 Qa:
I-III•c A.J0(
0
0 Q::>..,
:tI-....AN
iiia:IIII-a:0Q.
IIIa:
I-a:'::>0 Qu
.J0(
0 Ai&:II.0•Q
A
Q
Amanati
lcan't answer that"I'd have to get my file.
You didn't bring your fiie with you?
No~'I didn't.
You are testifying frol,ll memorythyn.Is that it?
\.'f"~,...:;.,r
~"t,_~,..,.I~,,"',ll'~,'.,:_~.'$_~•.'.tt :,t','..,;4't 1-,.,,'"'r,o,-••_.11'"•,;
Well~I'm not testifying 'from memory.I know I had done the estat'
~nd the questio~wa's'a~kedwhetlierI did any appraisals on Main .•,
,.-,~i >(-"~,.;,":t\;1'~
~...\~'t....I ~
Street and it dawned onl me I did do .the Smith estate.
~."'"~~.,;..:~_.~_.1-I._.;
.Have you looked at th~rear of,the property on:Main Street that the
Washington Meat Market sits on?'
'Yes.
Is'there a well back there'?',·
No,I don't think there is.'
Is there or isn't there?'
It's my.understariding there is not.I'm riot sure of this.I under-
stand there is''not because it's all blacktop back there and used (or
parking.
When did you go ba<;k and look at it?
I was back there Monday,I believe it was.
You didn't see any well or you really don't know?
I don't know.
Now am I to understand,you generally,Mr.Amanati,that if an
easement is a private easement,as between land owners,it has
no value?
15'3
A I didn't say that.I said it has a value to the abuttingproperty
Amanati
owners who have the use of the easement.'
154;
Q And to their heirs and assigns?
A 'Yes.As long as the easement exists.
Q As long as the easement exis ts .•A Right.
You have been around the City of Washington for a good many years
and in the real estate business or bvdKerage~irrcE;21948or 1950.
0(Qz-<>..J>-VIZZ~A Ye's,sir.'
",.~
•
•
A
And you know on the parcel we are now contesting that there is a
.1,
building there now,is there.not?..
Yes,sir.,..
"oJ,;
And when did that building go up,do you know?
It went up after the purchase of that 11.25 acre tract.
After the extinguishment of the easement?
After the extinguishment of the easement.
So that this property was vacant all that period of time.
Yes.
And not used.
Well,not the entire 11.25 acres;just a portion of it.
Therewas a temporary'building of some nature which was u~ed as
a shoeshine parlor,Alex Stathas.
Yes.
Q It was not a permanent structure,was'it ?
A Well,it was a structure there.I don't know whether you'd call it
~~--------------------------------:---------
Amanati'
permanent or not.Anything can be torn down,you know.
Q You also testified.I believe.that---I think this is fairlY'llorma1---
that 'a larger piec'e of property with more frontage is more valuable
•A
~Q"z~~>-IIIZ.
Z1&1
•Do A
io~~Q
:J:III~~
ltill:~All:oDo
1&1
ll:"l-ll::38Q
.J<gA
b.o
than a smaller piece of property with ·less frontage .
That is correct.
But 11.25 feet on Main Street between 'Beau'and Chestnut does
have some value,does it not?
Yes.And I think I cited you comparables to that effect.
If it could not be built on by virtue of the easement.then the ease-
ment must have s'ome value too.Must it not?
.Yes..."...,.,._t......~
But you gave no 'value to this easement.
No,because it was extinguished a~of 1960.
+
Prior to the extinguishm'e'rit,was there any value to it?
•fO "•~
••,,,,.•.fl......'<.,#.•PrlOr,It would ~ave had.a value to the abuttmg property owners
,at that time"yes.
What would that value have been?
Well.that would be a hard que~stion to answer.(pecause it would onl.
b'e a value to the two property owners .,''You would have to then
.'determine what that property would sell for on the ,market with the
easement there and without an easement.This is almost a stab
iri the dark.
Q Now if I were a bl;lyer in 1960 before the extinguishment of the
easement and I purchased the 11.25 feet,but did not purchase the
...
Amahati 156
....~.'
.easement and tJ:ie easement was'in existence;isH your opinion the
"'''''!!that I could build on that property?
,
A No,sir.
•Q
A
I could not?
No,sir•
,"~"
..(Q .Because I didn't purchase the easement.,-Isn't that correct?z0(~T>-A hat is correct.~,.Ul.z·Z~'Q So the easement did h~ve some :yalue.1 :would have,to buy it 'from
'i.o ','
~.,somebody,would I not?'
xUl;A Yes~-s{~';
"
Oh,yes.
on the fact that the ea:s einent was extinguished.
of them which you us?d~the 'wa,shington Theater,the.Connors,
.~."
All of the sales which yo~have cited "and I believe tll~re are four
the Mintz,J.'C..I~enney and McNary'S,:these all occurred after
•,~~''!
Well,it would all depe~d\·You 'd have to,use comparable sales
-,.;.i:'"~~
to determin:e th~va)ue 'C?f.the.easemep.t'~~There.are ,many factors
that have to be ,take"ri-intd,c6nsider'atfcih.~,But I'm basing my'value
•••..#""'....~.r •-i c','
So it had s om,e;value prior to the extinguishment...
.$", . :i,~':"..\.'..:',
And what value would that easement have.?'.' , "-,'i--'~,...
ltia:,IIII-a:oQ.
~..Q
I-a:
g Au
oJ0(
~Q....o .
''':
5:!Qa:I-.Ul
i5
oJ A
0(
u
i5,:l...
:tl-I'-W
••
•...
February 'of 19.60 .
..,..
A Yes.From 1962 until 1966.
Q Were,there any sales on Main Street just prior to 1960?
A 'There may have been;but 1---
Amanati
Q You didn't consider those?
151
A
Q
A
Well,I don't have any knowledge of them.
Do you have some re.cords there which you were using?..~..'"...
.f ·.0 ..'
",I l,~..,~_r .,~..._"'.1 _~:..'•
.No."~think you have these:'Thes,e are the.'comparables.
Q Did you take into account from february of 19.60 the business or
;'"t .'•
~..',"..'.,_(.t~"economic conditions of the area in ar'riving at your'value?
A
Q
,"
Yes,sir..
What business or economic condifions had you taken into account?
A The fact is that Main Street,of course,the 100 percent block is
between Beau Street and Chestnut Streets.,And of course,during
that time.there was a shopping center that was going up out on
Route 19 that at that time did not appreciably effect the main
.business district then.Then,of course,in the meantime,there..
were other shopping centers going up which is going to have a
detrimental effect upon property values on the main business distr·ct.
Q But in February of 1960,it was your 'opinion it did not have a
detrimental effect.
A No.Because the only shopping center then was under construction
was wh~re the K-Mart is now.That's the first shopping center
out there.But more and more as these shopping centers go up.
the present .values on Main Street will be eftected.
Q Do you think any of these subsequent sales which you have cited
reflect a downward trend in this 100 percent block?
A I would interpret the last few sales there that it might have some
Amanati 158
depression effect upon the values on Main.Street because of the out-
,'I
lying shopping centers.
.Q I am specifically referring to the one to the Jacobs at 48 North
Main Street which occurred in 1965.That is the Penney's Store,
as I understand it.
was when it was sold in 1965?
When you are allocating this then are you indicating to me now
I believe it was,had owned that pro perty,had sold it and also
':>,"'.".t
,r-~"..l:•r~,
.
•.
f ••/,..,;•.
Yes.
on those sales there the economic conditions of Main Street as a
'/.,)result of the shopping centers.
I would be inclined to say that becaus e I thill:k they were anticipatin or
that this property would have been more valuable in 1960,than it
Did you take that into account when you:arrived at the'value per
Yes...·That was formerly Penney's Store.'It's right at the corner
Yes.Now I think at that time that---Iforgether name---Ges,$neXJ:'.,~...~.":
I think she sold also the one right across the street next to Temple'~
to Jacobs.
.
of,th~al~ey t~e~'e.''Ye~.~-',And that was,S~ld from gessne:r:;I believE,
where McNary"s is.
•~Az~>oJ>-III
Z
Z1&1II.
i :0.1-~Q
xIII
;A
..:0
itI-III•0
oJ~
0
15
:J..,
:t..~Q
iii0:1&1I-0:0II.1&10:
l-ll:
:JSA
oJ~
uii:"-0
e·Q
front foot?
A Yes.Becaus e if you will note on there,I only allocated fifty some
thousand dollars on two large structur'es,.on the front where
Penney's was located and the back where Alex Griest had his ice
I ,
Amanati 15~
cream shop and which is now the discount store which has been
remodeled.
•
Q Now take a look at the cardl Mr.·Amanati.You allocated $601000
to the buildings .
Not $501 000.
$601 000..I'm sorry.I didn't have·the card in front of me.
I realize;that is why I'm showing it.to you.I don't want to tak~
",,IThatiscorrect.
advant?-,ge of you.You allocated then only ~501 000 to the ground.
shopping center.
A Yesl I did.
A 50.$11000 a front foot;
Q You are allocating only 5.0 to the land.
..
.~t ,.l
I allocated 50 to the·ground.
To the ground.
To the buildings?
'..'j..,)'f.
Are you ~ow telling me that y;u would have allocated 60?
time or a time whoen the market wouold be·effected by this new
Q And you are saying that is the same value the ground would have
Q You said you took into account the fact that this·was a depreciable
A
A
Q
.Q
..=0itl-UIea
.I<
0a
:J.,
J:.......N
iiia:
IIII-a:
0Q.
IIIa:
I-a::J0U
..J<uii:II.
0
e
,
had in February of 1960?
A I would say that the land value at that time might have been a little
higher.but not too much.
Amanatf 160
areas.That is correct.
Yes.In fact,all of these comprables hereJ based on the same
Right.I agree.
How much higher?
'.1
.'Y~s.
the Penney's?
more in February of 1960,based .on t~e same theory you used for
o l',
Mintz,whi<;:h·you also cited as using a comparab,le.·That sale
t
Yes.And that is correct and we are rJJ.<ilW speaking here of 50 fo?t of
Yes.If it hadn't been for the shopping centers out in the surround 'pg
But you are saying you might have allocated $1200 or more per
parable sales to the 11.25 feet we are talking about,is it not?
And this Penney's property'is fairly close in terms of these com-
I call your attention to the (~Connors'property whichJ Connors to
~~.
About $1200 a front foot.
occurr.~d.in Fe.bruar1 Of .'.66,is that,right?.,
I ..,'f i
A re you·saying that that property,~'fr-orit~fo~t value would have beer
front foot in February.of 1960.
frontage in comparison to 11.foot too.
Q.
A
Q
.
A
~z<>.J A>-IIIZ
Z~.Q
z0l-e>z
xIII<A~
..:
0ii:t-III~Q<
~
0:J..,
J:..,..
1\1
iiill:~All:
0
.Il.~Q
l-ll::J00
.J<
0
i&:...0
A
•
•
theory as this would have been given a slightly higher value.
And of course,by the same tokenJ you must understand that
these are properties with greater frontage and greater utility wher
the property that is in question here today only has 11 foot.So
therefore,it has to be downgraded because of its narrowness and
---------------------------~----------
Amanati
its'limited utility for which it can be used.
Q But it is the only vacant piece of ground on Main Street that you
could have built on without the easement.Isn't it?
A Oh,yes.•Q
~t
And tliis piece of ground was built on and was Us ed commercially
~z0(
~
)0 AIII
Z
ZIII
II.Q
ioI-"Z
:tIII0(~
after the conveyance and after the extinguishment of.the eas ement.
Yes,sir.
.I have no other questions,Your ,Honor.
1
REDIRECT EXAMINATION BY MR.FERGUS:
A'Prior to ~hen?
Q To the extinguishment of it in 1960.
A Only to the abutting prop~rty owners who ~ad a.c:cess and use of it.
Now if we,would'assume',a',hypothetical~ase,that an eas,ement
..',,~,t .•'......,'.~~~.~,r .;.,~.J1 .>,:!-1 ,~}~•~\....._~--....~
cannot-be sold separately,from the property which it is dominant
value prioF to its extinguishment.Is that,right?
-,
You have'stated on cross examination that this easement had some
-'-T~ere are a couple points I'd -like to clear up,Mr.Amanati.Q
Q
t-=uii:l-III•C
oJ~U
C
:l..,
:t.."N
lfill:IIIl-ll:0II.
III
ll:
l-ll::l0U
oJ
0(
u.ii:
lI.
0•
from,would this effect the value?"
t ."'0'"
MR.CARROLL:If Your Honor please,
...t '•....~.
I don't see that that is''reI~v~nt to this proceeding.The proceedin ~
is whether the easement does even have a value.
Amanati
MR.FERGUS:'YourHonor,the reason
16:2'
I think it is relevant,I am going to showJ through Mr.Amanati,
that if Mr.Ba~ent had an option to purchase the property and the
easement can't be s~parated from the property~'there would be no
to estimate that value or to explain how it would 'be arrived at if
the~e is any value.Und.er the'circumstancesJ wewiU per.mit
tha,t hypothetical question~,The -'object,ion 'is overruLe;d;exception
•~z<>•...1•>-IIIZ ,z·\&III.
'i.0....ClZ
::t:III<3:
t-=0it....IIIe0
...I<U0:J..,
:tI-,..
N
value to Shan Griffin for the easement.
MR.CARROLL:
question.,
.:'".
\
MR.FERGUS:
THE corn T:
noted ..,
I think that I s the Court 's
I would do this hypothetic lly.
.The witness has a ~ight
...
iii0:1&1....
0:2 A\&I0:.....
II::Joo
...I
0(
O .
.~
0Q
A
(Stenographer re.ads back last question)..
.~.
..No,because the ,Option in the agreement to purchase.the property
~-.,-I-~'
from the'est~te';includedalso the'easement in the purchase price
of the property;
.\.
rherefore~if we continue our hypo~heticaLsituation,if an individu 1
is givenan:opti.on topu:sc~~seJ which"includes with it an e~sement,...'
does th~.easement t'o that individual have any value?
No •.
Q
....,..,('.....r""._~_.'.;,...Because of why?,t .
,J'.
A Because it goes right with the property..~.~-,
,~~..
Amanati
Q I don't believe I have any other questions,Your Honor.
163
RECROSS EXAMINATION BY MR.-CARROLL:•Q
:!:z
0(
~>-ACDzZ1&1Il.
io....
e>z
:cCD~Q
If the option weren't exercised,the easement would have value,
w'ould it not?
Again,I say to you'thatthe easement has only a value to the tw 0
parties who have entered in~o the easement and the use by the t.wo
parties abutting the easement itself.
And who were they if).'1960?,
Since he was living at the ti,me.
In 1960 was the Smith eshl.te at).d also the Griffin estate.
..=
U A1I:Iiio
oJ Q0(
~g A..,
Xfo~Q
And Griffin himself?
Right.,>
CONTINUED EXAMiNATION BY MR.FERGUS:
iii~A...
1I:oa..
~Q...1I:
;)oU
.J0(
U
ii:Il.o
Q
A
That is correct.
I have no other questions,Your Honor,unless the Court does .
Mr.Amanati,whether or not an option is exercised,the mere
fact that it exists with·the possibility of being exercised is cer-
- ":""'~•~,'~}....~",-~'~"','-""~~+,to ,:\'
ta\nly material to the 'valuation:~f the'proper'ty that'it"concerns,is pit
it?
..,
:'It certainly is .
-,
Amanati
Q I have no further questions.
CONTINUED EXAMINATION BY.MR.CARROLL:
I have another question,please,on that.Were you given a
164
I
Power of Attorney or were you shown a Power of Attorney form
from Shan Griffin to Mr.Balent in arriving at any of your stateme ts
here today,Mr.'Amanati?
Can I see it?"
Yes.For the record,.I am showing him Claimant's Exhibit "C".
I donI t think I read this.
Is the language at the foot of the front page there which deals with
II
II
II
the will of Hugh Wylie,is that familiar to you?
.'.,
Yes,I think I was shown the will of Hugh Wylie.I have it here.
I don't know whether these are part~oLthem or'not.
Let me shorten this.First of all,I am not trying to take advantag~
.,
of you,Mr.Amanati,which I 'think you well understand and I am
sure the Court and Mr.Fergus d,oes.Is this instrument which I
hav~shown you,Claimant's Exhibit "C",is this not a Power
of Attorney from Griffins to ~ndrew Balent in regard to this eas en ent
to which you have just testified?Would you just read through that
and see if that's not it.
MR.FERGUS:
.of direct examination.
This is beyond the scope
-------------------------------------
Amanati
MR.CARROLL:Direct examination.Your
165
•
Honor.went into Mr.Amanati's testimony,it is my understanding.I
as to how he arrived at a value of the easement and he 'stated that
"only the parties who would have either dominent or servient tenemEnts
would have an interest in this thing.
THE COURT:I think the Court can
recogn~ze as a matter of law that this is a 'Power of Attorney.
It's ,alreadyIn the reco rd as an exhibit.The questibni~whether it
would effect his judgment in any way.
MR.CARROLL:Yes.Your Honor.But
•
Mr.Amanati was not here,Your Honor.for the introduction of
the exhibit and I wanted to make sure he read it and understood it .
THE COURT:
question.The objection is overruled.
We will permit that
(Continu~d exam ination by Mr.Carroll):"
.,"
lfilI:IIIl-ll:o0-IIIlI:
lr Q:JoU
.J«,
u
ii:~A
Q
That instrument deals with the easement which you have testified
to"does it"n<;>t ?
~.
Yes;SIr.
All right.So that accor:ding to this instrument.the parties.
,
Shan Griffin and his wife,and Andrew ,Balent who are also parties
to the option"believed the ,easem"ent had some value.Did they not?
MR.FERGUS:I object"Your Honor.
Mr.Amanati cannot answer that question without havip.g had an
.t".
Amanati'166
opportunity to a'f least study that document.
"they tl}.ought when they entered into the contract................'.
,~..•.'.1",.~"-.that change your,idea a~to the value of this eas~ment?
:Allright.,1 wiil.rephrase'the question,Your H~mor.Does.-~-,~.',j '-.'-"
..
from the standpoint that you a:re merely conjec.turing'as to what
The obj ection i~'sus taineTHECOURT:
.~
..,
,'i':
•
~.'.....''.'.,','~~No:·because I predicated my value based upon the mutual c'ons'ent
..'~,',.f
!
of both parties to r~linquish theeas~ment.··
The mutual ,consent of both parties to relinquish'th.e easement?
Extinguish or relinguish it:
Wh~t do you mean QY that?
Well,I mean 9Y that the fact is that the parties had entered into an
easement back in the early:e"~ghteenhund;eds and in 1960 the bank
..,
and along with the Sha~Griffin estate have agreed to extinguish.'~.-.'....'
;;,lo-
the easement.It was no longer ,necess'ary,and Jike I 'say,·1 think it.'
served its,"purpose at the time it was made and now they don't ne'ed
,'"';.."
it back there,so they have given ,up the eas emet,lt and the fee simp e
"
,W'ent back to the Smith estate...f~ee,and clear of the easement.,
I 'don't have any other ques\ions,Your Honor.
.'
,)
CONTINUED EXAMINATION BY MR.FERGUS:.
"~.~"";...,..,...~.....~,.~..fe'I...,-_'Il <.l '""~.".~.'".~.
~'.
,.•:t
-,
Q I would like to ask one further:question,.with the Court's indulgenc ,
lVtr.Amanati,does who ~ive'up-_l_I think'-'--
'"i
THE COURT:-\t,~·.Bephrase that.
f··l
Q
,.
Amanati
"You have been.I am sure.unintentionally on Mr.Carroll's part.
misled.And this Power of Attorney which.in my opinion is
completely irrelevant.the value we were talking about before and
as effected by our hypothetical case of the owner of the dominant
property and the option to purchas e would not be effected by a
Power of Attorney which gives one person tq.e right to extinguish
an easement.would it?
No.
167
Jt's leading.
MR.CA~ROLL:
THE com T:
Iobject.Your Honor.
It's certai~ly all a matter
of argument/',1 was going to say it is,certainly leading.I presume
that youare inquiring of this witness what his interpretation would
b~effecting:the market value~'not as a legal c·o.nsequence.He
wOllldn't be qualified to'give us th~legal consequence.He could
give us .any effect as ,be saw it on the market value.
..
Let's use a hypothetical.If I g~ve Mr...Carroll Power of Attorney
~;;,.
to sell a piece of property ~or me and to execute the deed~does
that effect the market vafue of the pro p,erty?
No;sir..
•~.;~,.., •'...,..f i·,.
"
>{.,"
I don't have any other qu.e~tions.
,MR.CARROLL:
questions,Your Honor:
;"..'\I
THE COURT:
I don't have any other
You are excus ed,sir.
168
'(witness excused).
THE COURT:Any other witnesses?
MR.FERGUS:I have no further'witnesse ,
Your Honor,and I would assume at this 'point we should arrange
"
or both or either,
should be able to fix a tiine for oral argument and that it should
Counsel will be permitted\-,.
I would like,to do both,
I woufd suggest that we
l
'All right,Your Honor.
"
"If it is the desire qf couns el
MR.~.C::ARR6L~:'
THE-CQURT:.!
MR.CARROLL:
THE COURT:
•_'_i
to argue orally if they desire or to file written briefs if they desire
five dass before the time of the~'oral argument...'"..;
Your H9no:r:~if it can be arranged witl.J.out too much difficu~ty.,
.~~
,to'nave oral argument as has:been indicated,we will fix a date for.._r-·.....I."'-;~I to j,•,f ,.r,.",•f .,"
oral argument;'and:"briefs should be exchanged by,c.ounsel at'ieast
with you for either oral argument or brief or whatever you desire;,,
be unnecessary to await the transcription of the testimony taken
,,'today.It is fresh in your ;minds,And the testilJ?ony that was
•0(
z
0(>..J>-IIIZZ\&IDo
Z
0I-elZ
:J:III0(
~
..:u
itI-III•0
..J
0(
~C:l.,
:tI-"N
ui0::\&I,
I-0::
0D-\&I0::
i-0:::l0U
..J
0(
Uj;:
II.
0
heretofore.taken has already.been transcribed.So you can refer
to it.
MR.'CARROLL:We have not received a
copy of the testi,mony as of yet,Your :)Honor.
THE COURT:I don't know whether you
~----~~---~~-----------------------------,
169
ordered a copy.That is between you and the stenographer.
I would say that in the latter part of June.,that would give you almo t
a month that you should be ready for arguments.In fact,,I would
"like to fix,if you will look at your schedules there,~at July 1st,
matterat least five days before that date.
I hereby certify that the proceedings and evidence are con-
,
P.J.
Oral arguments at 10:00
I was going to suggest
.'
...,f,',.•'\,,'
hereby approved ~~nQ"directed to be filed.
/:"-'.-.~"
\;.',"'><"
•'\..Bythe·
\\~
.
'\0"• \.".(jffiC'
The foregoing record of the proceedings upon the hearing of.'
(Proceedings Closed)'
A.M.And we will instruct couns el to ex;'ehange briefs in the
which is a Tuesday,how does that fit?
MR.CARROLL:
THE com Ti,
,that,Your Honor.
Testimony transcribed -June 6,1969
the above cause is
tained fully and accurately in the notes taken by me on the hearing of the
above cause,an~that this copy.ts a correct trans'~ript'ofthe same.
'.«
z'0(>.J>-IIIZ
Z
1&1Go
'i.0l-I:)
Z
:z:
III
0(
~
t-=uii:I-III
:.~C
.J~U
0
:J.,
:tl-I'-III
iii
I!:
1&1l-I!:
00.III
I!:
I-a:
:J0'
U
.J
0(
uii:lL0•