HomeMy WebLinkAboutOC1968-0883 - ESTATE OF PROWITT'"PETITION SUR AUDIT
IN THE ORPHANS'COURT OF WASHINGTON COUNTY
Testate Form J
Estate of Al.diD.~r.r.Qwltt.J..--al.s.Q--kn.Qwn--
as Aldine M.Prowitt deceased.......................................-_-_-'--__-_--_----_._---.
Deceased
No 8.8.3.._Qf 19.R.8 _ .
Fiduciary..R~giD.a f IYls;.C.u.ll9.lJgl)..
.....Administratr.ix..C...T.•.A.•..........................
~~~~~~
Decedent's death .sep.temb.e.r lO_,.._l9.6.1 __.Grant of Letters Na:ll.emb.er...2.Q"19.61 _.._..
This is the EJ~~~;;n~L.F.1:-}};;J account filed in this estate
If there have been former accounts filed in this estate,list file number or number and term N.ane._ .
Election to take
Under or Against will.(cross out one)
Date Election Place of;
Filed _ _ _Record --__.
None
Name.of surv:iv:ing spouse ~.s>.J;!~_.__..__..______:__.._.__ ___.____._.._ .
List issue,where material:·
Did decedent marry after execution of will?{indicate}nI No.Any children born after execution of will?{indicate}
xesx No.If answer yes,name them __:__.._..:."____._..______._.._._.
Leg.atees
"The Boys and Girls Horne at
Mars,Pennsylvania,now
operated by Dr.Jack·Munyous
as 'Lest We Forget'-"
!~..
Relationship
None
Interest
All
Fiduciary,if deceased or not sui juris
NOTE:The above-named legatee appears never to have been in existence and the
present··whereabouts of Dr.Jack Munyous·are unknown:
List,if exceptions to above:
See Above
Adeemed:Revoked:Lapsed:Abated:Give Cause:
If partial intestacy,give facts:See above.
Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled
to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account
and of call of audit?Yes.1&dC
If any exception give cause:_.
File copy of Notice .
and date of mailing ll:!!.1.~?5..,J..9.R.?..>.•••••~J.~.Q ~~~.J:9.~1?y.P.~.1?J.J~.~~f...Q!?P..l:l.r..~.~~.~~~~..
Court Order ~f June 27,,.,.,."
'J>.#.~I,J '--.#"'-
Is estate subjeci to the HI in9 of a Fed:;,aI Estate Tax Retu rn?N.9___ _,,:~".. ..__._--..-.--------.
Actual payment made on Pennsylvania Transfer Inheritance Tax,Amount $N.9.n.~.
If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant..None .
......- -..-.-- - ---~_--_-_-..--__..- -.
Give Names and addresses of all unpaid creditors who are legally entitled to notice,together with the amounts.
of such claims;state whether they are admitted to be correct;and whether the claim is denied,
None
Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re-
quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication:
The Boys and Girls Home at Mars,Pennsylvania,named as sole residuary legatee
in the Wfll appears hever'to have been in existence:There is,however,a
home for children operated at Mars,Pennsylvania,by the United Presbyterian
Women's Association which intends to make application for an award of the
residue under the cy pres doctrine.The only heir of:.-;"d'eceded whmmL we have
located-and identified is Staff Sargeant Michael G.Prowitt,believed to be
on duty with the Marine Corps in Viet Nam.There may be other heirs,but we
have been unable-to locate or identify them.
Balance for distribution per account,
Itemize any additional debits not shown by account:
6/19/68 S.W.Miller Agency
insurance refund $31.00
$H.,.55.2~.7.1 .
Totala'dditioncil debits (Add)~..~?,?_~.~.!.~.
'Itemize any cidditionalcredits not shown by account:
•.."'t -
9/168 McCrelght,Marriner &McCreight-reimburse-
ment of costasas Tallows:Russell Marino,Reg.
filing Order of Publication $1.00;Wash.County
Reports-notice of filing Account $3~.00;Observer
Plfb>tbl ~~ditionsal~1eJft~~S.i1bq;-acnotary fee-Audit 75¢$§.~.~§5 .
Balance for distribution
1'"
~t::"':-$'.2.:¥.9.•06......-.
If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value);
Cash
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M'=CREIGHT,MARRINER ~M'=CREIGHT
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILOING
WASHINGTON,PENNSYLVANIA 15301
JOHN e.M~CRE:IGHT
STEPHE.N D.MARRINER
JAMES C.MC;;:CREIGHT
Honorable P.V.Marino
County Courthouse
Washington,Pa.15301
October 16,1969
AREA CODE 4/2
PHONE 225-6600
IN RE:Estate of Aldine Prowitt,a/k/a
Aldine M.Prowitt,deceased
No.883 of 1968
Our File No.2198
Dear JUdge Marino:
This letter is written to supplement the Audit Petition
in the above estate to show an additional credit of $60.00 paid
on October 15,1969,to John P.Wege for renewal of the adminis-
tration bond for another year.
Yours very truly,
McCREIGHT,MARRINER &McCREIGHT
JCMcC/ap
M~CREIGHT.MARRINER ~M£CREIGHT
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
JOHN 8.M<;;CREIGHT
STEPHEN D.MARRtNER
JAMES C.MliCREIGHT May 25,1971 AREA CODE 412
PHONE 225~6600
Honorable P.V.Marino
Presiding JUdge
Orphans'Court Division
Court of Common Pleas
Washington County Court House
Washington,Pa.15301
IN RE:Estate of Aldine Prowitt,also
known as Aldine M.Prowitt,deceased
No.833 of 1968
Dear Judge Marino:
I have been informed by Messrs.Ceisler and Rodgers
that no appeal has been or will be taken from the Court's
Opinion and Order of April 1,1971.
To assist the Court in preparing the Schedule of
Distribution,I enclose a Supplement to the Audit Petition
showing all receipts and disbursements since the date of the
original Audit.
Mr.Ceisler has agreed to obtain the charitable
exemption certificate and to supply it to the Court.
Respectfully yours,
McCREIGHT,MARRINER &McCREIGHT
JCMcC:mb
Enclosure
cc:Robert L.Ceisler,Esquire
Samuel L.Rodgers,Esquire
Mrs.Clarence J.McCullough
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
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ORPHANS'COURT DIVISION
IN RE:
ESTATE OF ALDINE PROWITT,
also known as ALDINE M.
PROWITT.
)
)NO.833 OF 1968
)
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SUPPLEMENT TO PETITION SUR AUDIT
BALANCE FOR DISTRIBUTION PER PETITION SUR AUDIT $4,519.06
ADDITIONAL DEBITS:
February 19,1969
May 28,1970
Interest on U.S.Treasury
Bills $67.20
Interest on U.S.Treasury
Bills 63.88
TOTAL ADDITIONAL DEBITS $131.08 +131.08
BALANCE $4,650.14
ADDITIONAL CREDITS:
December 2,1968 John P.Wege -Renewal of
Administratrix Bond $60.00
60.00
60.00
October 15,1969 John P·.We'ge -Bond"Re"';
newal
October 22,1970 John P.Wege -Bond Re-
newal
Notary Fees
TOTAL ADDITIONAL CREDITS
1.00
$181.00 -181.00
PRESENT BALANCE FOR DISTRIBUTION $4,469.14,
The above balance ds~,ln cash on deposit in checking
account no.3627909 in the name of the Estate in the Washington
office of Pittsburgh National Bank.
~-,~~'?»5'~
Regina P.McCuilough .--
Administratrix,C.T.A.
,
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
The above named Regina P.McCullough being
duly sworn doth depose and say that the facts set forth in the
foregoing Supplement to Petition Sur Audit are true to the best
of her knowledge and belief.
Sworn to and subscribed before me this
day of May,1971.
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If Family Exemption claimed by Petition,give place of Record:N.9.t r.~J~y.9-nt _.._ .
If Family Exemption is claimed at audit,give name,relationship and basis for Claim:N.Qt !.'.e.le.y.ant .
list any advancement or distribution on account that has been made,and nature and amount of same:
None
Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized elections
to take in kind if balance is nbt in cosh:residuary shares being stated in proportions:
(.
It is respectfully suggested that your Honorable Court give consideration to
distribution unct'er Section 10 of the Estate Act of 1947 on petition to be
filed on behalf of United Presbyterian Women's Association's Home for 6hildren
at Mars,Pennsylvania.
COUNTY OF WASHINGTON,SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly_~.~~.~~doth depose and say
that the facts set forth in the foregoing petition are true
to the best oL he.r _._knowledge and belief.
................~Y!.~!.'.~_.to and subscribed before
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me th ;5__-~::---day 01...;>~p-t~.'!l!:>_"_!:__-/1-19-§-~:-
S;gnatu,e of Off;ce,~__~__
Title of Officer..~~.
Office expi res ~.._~el£;I...!..9..1.t2.~.Cf':/~~':8·A:~R~BA:~R~A~CRAIG,NOT.~..RY p"nllC
WASHINGTON,W~)I\"Y·'···."1
MY COMMISSION EXPIRi:S JJ.;~25,1970
And your petitioner will ever pray,etc.
R~~f.1'iJ~~··········,Tl':;;::.~·~·:·····:····--·····~·············.-- .Regina P.McCullough
Administratrix C.T.A.
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No..?~.~_..of 1968--_..--__..--.---_-_.
Estate of_...Al(;:tl:n~...p.r..9.~J.~);;..\....~/Js.l.fA ...
....Aldi.ne...M.•..~P.r.oliit.t __...._._..
Deceased
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Fiduciary....~.~.~.~.~~__.~.=...~?~.~~.~.~~.~~....__Adminstratrix C.T.A.
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PETITION SUR AUDIT
FROM WHERE DECEDENT LEFT A WILL
Counsel of Fiduciary will submit herewith the
following,in conformity with Court Rules
adopted effective December 3,1951,being
rule No.9:paragraph b-c;and divisions
thereof:shown on pages 23-24.
1.Written praecipes of all Counsel in the
case.
2.Copy of order appointing Guardian ad
litem,if pertinent.
3.Copy of Order appointing Trustee ad
Iitem,if pertinent.
4.Proof of service of above.
5.Letters Testamentary or Administration
C.T.A.or'an attest copy of Will.
6.Copy of invent9ry and appraisement.
7.Proof of advertisement of grant of letters
if not filed with account.
8.Certificate of liens in case any of the
funds for distribution are from judicial
sale of real estate.
9.Signed and'itemized elections if any
distribution in kind.
1O.Copy of FederaI Estate Tax return if es-
tate is subject thereto.
..1:'!9_Q£~_~g_b~.,--.~~~_~?:_r::!~_~__.~!:'I.~_g~~:t_g~t
Attorney
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nEGiSTE'R OF WILLS
W/~SHING'TON CO..Pit
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,1968,'receipt of the above Notice is acknowledged.!
McCREIGHT,MARRINER &McCREIGHT
PLEASE TAKE NOTICE that at the audit of the above-
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883 of 1968NO.
RECEIPT OF NOTICE
NOTICE UNDER SECTION 10 OF ESTATES
ACT OF 1947
on behalf of United Presbyterian Women's Association
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
The Attorney General of the Commonwealth of Pennsylvania:
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~IN RE:ESTATE OF ALDINE PROWITT,)
".JII·also known as ALDINE 11.)
'II!PROHITT,deceased.)Ii .
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I'!Incaptioned.estate scheduled for Wednesday,September 11,1968,atII,
1!10:00 0'c lock A.M.in the Orphans t Court of wash1~p.;ton County,.Iil~ennsYIVania,an Audit Petition will be presented in which it will
Ii .i~e suggested that the Court give consideration to..distribution of
1;
!:the Estate under Section 10 of Estates Act ofl(
I,to be filed
"III::Home for Children at Mars,Pennsylvania.
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If'if'bII September
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Attorney General of the Commonwealth of
Pennsylvania
By
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:ESTATE OF ALDINE PROWITT,)
also known as ALDINE M.)
PROWITT,deceased.)
NO.883 of 1968
PLEASE TAKE NOTICE that Regina P.McCullough,Administra-
trix C.T.A.of the Estate of Aldine Prowitt,also known as
Aldine M.Prowitt"deceased,has toda~filed her ~irst and Final.~,~
"Account in the Office of the Register of Wills of Washington
County,Pennsylvania,to No.883 of 1968,Administration Accounts
and that the same will be presented to the Orphans'Court of
.-Washington County,Pennsylvania,for confirmation on August 26,
1968,and be called for Audit by the Court at a time to be fixed
by the Court during the week of September 9,1968,when and
where you may appear,in person or by counsel,and be heard,if
you so desire.
Washington,Pa.
June 25,1968
McCreight,Marrin~r &McCreight
Attorneys for Administratrix C.T.A.
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TO:THE NEXT OF KIN AND HEIRS AT LAW of ALDINE M.PROWITT,
deceased,including all descendants of the late James Linn
Prowitt and Mary L.Glessner Prowitt,and to
DR.JACK MUNYOUS:
PLEASE TAKE NOTICE that Regina P.McCullough,Adminis-
tratrix C.T.A.of the Estate of Aldine Prowitt,also known as
Aldine M.Prowitt,deceased,has filed her First and Final Account
in the Office of the Register of Wills of Washington County,
Pennsylvania,to No.883 of 1968,Administration Accounts,and tha
the same will be present~d to the Orphans'Court of Washington
County,Pennsylvania,for confirmation on August 26,1968,and
be called for Audit by the Court at a time to be fixed by the
Court during the week of September 9,1968,when and where you
may appear,iD person or by counsel,and be heard,if you so
desire.
McCreight,Marriner &McCreight
520 Washington Trust Building
Washington,Pennsylvania 15301
Attorneys for Administratrix C.T.A.
In the matter of the Audit of Account in
Estate of Aldirie Prowitt,also'known
a~Aldine M.Prowitt,deceased.
TO THE AUDITING JUDGE:
No.883 -.....O...f---_->,19~,A.A.
Enter o_u_r .appearauce for -'a=-::::C--=c:..:o::..u=n:..:t'-'a::.:n~t --,_'____'
;y;~;;~Mccrel gbt
•=:of Sm;t;~ber ,19--61L
N.B.-Counsel shall.by separate paper,present a concise statement of Each
cl3.im,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.'
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97\PiUG ~.ptl?'ZR
No.883 ,
Iu re Audit of Account in Estate of
F~US'SELL,-~'1'\t"40
nEGISTEP,OF VJiLLS
WASHIN;",TON GO.•p~"
ALDINE PROWITT __also kno~
as ALDINE M.PROWITT)deceased~1
AUDIT
J'rartipt .for Apprnranrr
FOR
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lin tQt UDrpQttns'Ctrnurt nf IIttsQingtnn Ctrnuntl1
In the matter of the Audit of Account in
Estate of A~
TO THE AUDITING JUDGE:
E~_,No.BP S,----'<97-----.19_'_3.A.A.
Enter_~(J"WV~,appearance for U~cf ~t;;.~W~~~
J~fL ~I ~/erA"
~G~,~c~(~)
I ,'t't-day of ~,19~
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.
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ESTATE OF No.63-68-883
In the matter of the Firs t and Final
Account of Regina P.McCullough
Administratrix C T A
r IAldineProwitta/k/a
deceased
Aldine M.Prowitt
ADJUDICATION AND DECREE
And now Augus t r ,19~,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thi!.eo~6the bftlance for distribution in <the hands of the Accountant is determined to be
$ ,9.1 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 part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
SCHEDULE OF DISTRIBUTION
Balance peraccount 1
Additional debit asked at audit I 131.08
Additional credit asked at auditBalance,_
4,650.14
181.00
$4.469.14
Deduct Clerk's Costs &Receipt~s _
Attorney_-=..::M::::c-=C..:::..r~e_=i.Qg~h:.:t~M:.=a..:::..r.::.r.=i~n:.::::e.::.r__::::&:....=.:M:.::::c.;;;C.::.r.;;;e.=i,Qg,:;:h:.:t _
Russell Mari.no,Clerk O.C.,.costs filing
Adjudications (2),by the Court,
17.00
10.00 I
$4,452.14
~C/..231 /9?/
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10.00 ~.0?7oo ~'///~<--$4,442.14 {kJ{)e
United Presbyterian Women's Association of
North America for use by Home for Children,
Mars,Pennsylvania,(Patrono,Ceisler &
Edwards,Esqs.),per Adjudication by the Court
filed,balance,(Cy Pres),I 4442.14
No balance
No._
In the matter of the
Account of
of Estate of
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RUSS;:LL ~.i ,1,nIN0
nEGISTEt<GF ·WILLS
~tASHiN~TON C.O..PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
,IN RE:)
)
ESTATE OF ALDINE PROWITT,)NO.63-68-883
a/k/a ALDINE M.PROWITT,)
Deceased )
RECEIPT AND RELEASE
,
KNOW ALL.MEN BY.THESE PRESENTS,that United
Presbyterian Women's Association of North America does hereby
acknowledge to have received of and from Regina P.McCullough,
Administratrix CTA of the Estate of ALDINE PROWITT,also known
as ALDINE M.,PROWITT,Deceased,the sum of Four Thousand Four
Hundred Forty-Two and 14/100 ($4,442.14)in full of the balance.due it under Adj~dicat~on and.Decree of the Orphans'Court of
Washington County,Pennsylvania dated August 9,1971;agrees to
apply said sum for use by the Home for Children at Mars,Pennsyl-'.
vania in accordance with said Adjudication and Decree;and does
hereby release the said Regina P.McCullough,her heirs,executors,
administrators and successors,of and from any and all further
liability on account of said Adjudication and Decree and all
further claims upon said Estate.
WITNESS the due execution hereof,intending to be
legally bound,this .;2tfM day'of t~,1971.
ATTEST:
SECRETARY
UNITED PRESBYTERIAN WOMEN'S
ASSOCIATION OF NORTH AMERICA
By ~fr!12 ~A/
,f c PRES IDENT
63-68-883
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IN RE:.
ESTATE OF
ALDINE PRO~ITT;iAKA
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IN THE COURT OF _CO~MON PLE~S OF WASHINGTON,COUNTY,PENNA •.
OR.PHANS'·COURT DIVISION
HEARING ON PE'TITION.FOR APPLICATION OF CY PRES DOCTRINE
THE HONORABLEP.VINCENT MARINO,
President Judge of the said Court.
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IN RE:
ESTATE OF
.ALDINEPROWITT~a/k/a
«ALDINE M.PROWITT,z'.',
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No.883 of 1968
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.:~APPEARANCES:
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TIME:
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JAMES C.McCREIGHT,ESQ.,of the firm
lVi,~'C~eight,Marriner &McCreight of Washington
Pa.,'representing the Accountant.
-,,CHARLES C.I}EliLER,~SQ.,C?f the firm
Peacock,_Keller ,&Y9he of W;ashjngton,P~nna.,.•.!"~.",.-'I "~..re~pres'enting the Attorney General of .the Commo
wealth of Pennsylvani~;'.
..'"r .','ROBERT L.CEISLER,ESQ:~of the firm
:patrono,Ceisler &Edwards ,of Washington,Pa.,
representing the United Presbyterian Women's
Association of North'America,p'etitione'~.;--
SAMUELL.RODGERS,ESQ.,of Washington,
Pa.,and BarneY:Phillips,ESQ.,of Pittsburgh,
Allegheny County,Pa.,representing the Lest
We Forget Evangelistic Association and R-eve'ren
Jac,k Munyon.
Frtd,ay,.January 10,1969,at 10:00 o'clock
A.M.~EST.
I N D E X
.
WITNEpS Direct Cross Redirect
PAUL DALE SKLENAR 6 13•PHILIP M.WEBER 21 26 29
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z DALE SKLENAR 30<PAUL>oJ (Recalled)>-IIIZZ -
\&I JAMES McCREIGHT 30 32II.
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MUNYON 37 51ClDR.JACKz
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iii Claimant's Exhibit "A "photostat of a Charter for Lest We Forgetll:a copy\&I Il-ll:
0 Associ~tion".Incorporated"wasII.Evangelistic presented on page 42 and1&1 .0:
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e.vidence:J admitted int()on page 75.0u ,
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THE COURT:
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,Will c ounsel please give their a ppearances to
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,the reporter so that we will have them all here?
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MR.McCREIGHT:,May it please,the Court---
THE COURT:M~.James M~c.reight?
Prowitt,and I believe our appearance was filed at the audit.
this proceeding aboutl our appearance is of record.
'our appearance will be filed before the proceeding is finished.
America"and of course"since we filed the Petition which brings
Your Honor".1 am representing the Lest We Forg t
Very well.
May it please the Court,we represent the
Very well.Mr.Ceisler?
May it please -the Court,our firm represents
Yes.Mr.Keller?
Our office represents the estate of Aldine M.
And I would also like ,to move for admission for purposes of this
Evangelistic Ass,ociation"Incorporated,and Dr.Jack Munyon.
Petitioner"the United Presbyterian Women's Association of North
the Attorney ,General of the Commonwealth of Pennsylvania.'And
THE COURT:
MR.CEISLER:
THE COURT:
MR.KELLER:
THE COURT:
MR.McCREIGHT:
·MR.RODGERS:
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0•.Attorney Barney Phillips of Allegheny County.
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MR.PHILLIPS:If the Court please,I asked for the association
of 'Mr.Rodgers in this case,and he is to handle the case here.
,THE COURT:.GJJC3,d to have you"Mr.Phillips.
MR.PHILLIPS:Thank YOll.
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THE COURT:·'.Are th.ere any other appearances?All right~
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the .Court is ready to 'proceed'.
in paragraph three thereof as follows:
which was the subject of routine processing in this Court"provides•
.MR.CEISLER:Your Honor:the"will of Aldine Prowitt~deceased..
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"After the payment of all my debts and soforth~
I give~devise and bequeath all the rest~residue and remainder of
my estate~to the Boys and Girls Home at Mars,,'Pennsylvania"
now operated by Dr.Jack Munyous""and it's spelled in the will
M U N YOU S"lIas 'Lest We Forget'".
We have in~estigatedand have reason to believe
that the only home for boys and girls in Mars"·Pennsylvania is tha t
which is operated by my client"and that Dr.Jack Munyou,l who
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boys and girls at Mars"Pennsylvania"or to the'best of our knowlec ge"
anywhere else;and'therefore"we have petitioned the Court to
award the remainder in this e?tate to us under the Cy Pres Doctrin •
."
I will propose to show the Court by testimony.of
proper officials the nature"the scope and the magnitude of the
applicant and its operations.
THE COURT:The Court is ready to receive testimony.I
don't believe that it matters a great deal.in what order we hear this
testimony.So that you having initiated the proceeding~we will
hear your testimony first.-r~"
MR.CEISLER:
MR.RODGERS:
Very well.
Your Honor.,before the receipt of testimony.,and
5
.for the purposes of the record.,because I think the Court will proba ly
want to hear this testimony.,we are going to object to the introducti(n
of any testimony under the basis that this is a proper case for the
applicationdf the Cy Pres Doctrine.We are repre~entingthe
claimant.,Lest We Forget Evangelistic Association.,and our con-
tention is that the decedentl Aldine Prowittl sufficiently identified
this as sociation as the intended beneficiary.I would also like
to correct the statement made by Mr.Ceisler that Dr.Munyon
never operated such a home and point out that in their application.,
the ir petition.,among other thingsl theycit'ed there is a Dr.Jack
Muny:on residing at the Carlton House.,Pittsburgh1 Pennsylvania.,
who did operate such a home under such a name until some time
,in 19531 with the Affidavit of the Treasurer of the United Presby-
terian Women's Association of Nort'h America.Andl of course~
this was operated by Dr.Munyon on behalf o~the association.
THE COURT:;The 'Court will overruie the objection at this ti~e
and hear the testimony that is proposed to be presented.Exceptiol
noted.
MR.CEISLER:May I say just one other thing,Your Honor.,
It"'.',•.
arid that is that I think it was yesterday or possibly the day before
<yesterday that Mr.'Rodgers called me and told me that he intended
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on behalf of Dr ..Munyon.,to contest"this proceeding.And he told
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me that he did not have time to prepare and serve upon me and file
an Answer or some other pleadihgl and I told him that I would not
take any technical objection to that.Howeverl I did want th~Court
to be aware of that so th~t I may reserve the rightl if it becomes
necessarYI to introduce further testimony or take such other action
as might be indicated by the filing of such pleading or testimony
which would be indicated by that pleading.
6
THE COURT:
MR.RODGERS:
Very well.
Yes l Your Honorl I notified all the counsel that
I intended to file.I just entered my"appearance in this matter the
day before yesterday and counsel,all counsel has been gracious
enough to waive ~heir'requirements of"the filing prior to this h earinl .
.,
But I certainly have no objection to the reservation that Mr.Ceisler
has made.
THE COURT:
.,,
We will hear our testimony•
PAUL DALE SKLENAR IS CALLED AND SWORN.
DIRECT EXAMINATION BYi.MR.CEISLER:
,'
Q What is your name.?,
A Paul Dale Sklenar.
Q Where do you live?
A The United Presbyterian Home For Children at Marsl Pennsylvania.
Q What is your age?
,,Mr.Sklenar 7
A 36.
Q What is your occupation ?
A I'm .Superintendent 'of the Children's Home.
Q For how long haveyou been a Superintendent of the home?
to 1962?
A Since 1966.
A'1962.
Q Where?
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1960~
When did that contact begin?
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Yes.
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A '_'~'Yes ~," .
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A At the United .Presbyterian Home For Children.
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Q ,Did yc;m have any contaetwith the home at Ma.:eg"Pennsylvania prior
Q Wh~n did you start in that position?
~'.•~f;,.~Q And will you tell the Court briefly ab{mt that?
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A I belonged to a men's association in the East McKeesport United
Q Is that at Mars:-Pennsylvania?
A Director of Religious Education 'and Guidance•
Q And w~at was your position with th.e home prior to that time?
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,,Presbyterian Church and we did volunteer .work at the home on a
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monthly basis •
What facilities does the'home have"first from the standpointof---
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strike that.Who owns and operates the home?
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Yes.
Since 1929.,
Has that been continuous?
Pennsylvania?
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No~sir.
How long has it been operatin,g a home for boys and girls in Mars"
For how long,'if you know,has that home been in operation?
At'the same location?,.
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The assocl,a",tion ~as'been ,operating a home continuously since 1878.
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Is there any restriction on admission to the home so far as the
race or creed of the children is concerned?'
None whatsoever.
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Can you tell me from your knowledge what races of children have,.
been residents at the hom,e?
Both white and Negro.
Can you tell me to what religions or denominations children who ar
res idents of the home have belonged?
We have had Jewish children,Roman Catholic and Protestant
children.
Q And is it fair to say that there is absolutely no requirement or
discrimination as to race or creed'so far as residents at the home
is concerned at the pres ent ?
A That is correct.
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Q How many children are tlfere'at the hom e at the present time?
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A We have 42'in care at the home and 7 in placement.
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Q What is the requirement for admission of a child to this hOmB':?
A The child'must need care and usually the child is in a situation of,•
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either being deprived of care or neglected.
Do you provide other than routine medical facilities?
Well"we pro.vide normal family care.
Will you accept a child who has some serious mental or physical
defect?
N01 we do not have the s~aff or the facllities to provide this type
of care.
How are children referred to and placed in your home?
Many times they are private referrals.But since Child Welfare
offices have come into.existence in each county"mo~t of the place-
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ments are dual referral~both from'either a church cr private
individual or 'agency,and,the Child Welfare in each of t,he counties.
What is the 'age spread of the ,children in your home?
Three years of age through high schooll which is usually an age
of about 18.
Q .Where are these children educated?
A In Mars area public schools.
Q Now tell us a little bit ab~ut the physical facilities;first of all how
large is the tract which is owned by the association which operates,
.the home?
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Q Do you receive these only from the ·b:JOOmbers of the United Presby-
terian Church?
A No.We receive them from civic groups and other church organizat ons
and well,even just recently we have had 150tnan hours contributed,.
by the Mars Junior Chamber of Commerce for painting that they
have done.
Q What civic organizations in the last couple of years have made cont:!i-
,butions of labor,money,clothing or food to your organization?
A Well,there are a number of different ones.There's an organizatic n
in Middlesex Township which is a neighboring township that's a
Middlesex civic organization that has made a number of different
contributions,financial,work contributions c;nd also material thing .
The Richland Township Women's ,Flower Group has made contri-
butions annually;and a Welcome Wagon group has made contributio s
in Richland Township al'so.
Q Is there any other horne'in Mars,Pennsylvania---strike that.
Where is Ma;];·~,Pennsylvania'?
A In the Southwestern portion of,Butler County.
Q Is there any other home in Mars,Pennsylvania or in the general
area for boys and girls aside from yours?
11
A No,there is not.
Q Is Mars,Pennsylvania a town or city or borough or what?
A Ma:r;s has a population of 1500 people.
Q To the best of your knowledge,has there ever been a home,let's
Mr.Sklenar,
say in the last 20 years since 1950,has there ever been a home for
boys and girls in Mars,Pennsylvania or in the immediate vicinity?
12
MR.RODGERS:I will obj ect to that unless
it is shown that he'was familiar with this area at the time of which
you are speaking.
MR.CEISLER:
his knowledge,Your Honor.
THE COURT:
I asked him to the bes t of
Yes.The answer,of course
presumes that he is spea~ing only from his knowledge of the situatic n.
We will permit i~as far as he knows.
The St.John's Lutheran Home in Mars,which is a pome for the
aged at the present time,had a child-care facility t.hat went out of
operation in 1952 and this is the ,only other facility that has ever
existed in that area that I know of.
Q Can.you tell us fhe size of the'staff of.,thehome which.you are the:
superintendent?
A We have a staff,.a full-time staff of 19 people.'None of these are
directly related to the child-care staff.The rest are cooks,
maintenance,secretary,this typ~of staff.'And we have several
.'
par.t-time staff.
Q Do you have a nu~se?
A We have a p;ractical nurse.'
Q Is she included in this group?
A "Yes.
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Q .Are 'there any relatively immediate plans to enlarge or to substanti lly'
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,improve the facility?.."~,
.We have plans drawn up at''the present time t,obuild acottag~to
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llOus.e s en~Or boys.
Q'.
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Do you know whether any money has'been received recently which
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Pennsylvania?
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Yes.
You may cross examine.
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will perIT!it this im provement .~;
.Mr.Sklenar,how'far is Mars,.Pennsylvania from Washington,'..,
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0::...UI~CROSS EXAMINATION BY MR.RODGERS:
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The ,children that are presently in·the home.,are any of them fci'om
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iI would say approximately 50 miles •
,~ashington County,?
Yes.'
How many?
One at the pres ent time..""
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Q And what is'your'total number in there?
A 42 in,care.~...
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R,.'·Now thi~9 r ga,niz,ation,the UnitedPr:.es?yterian·Womenis Associati n
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if-:..:.'•.'."":;'~'.'_I,:,;;,"<'.".of No'rth America,where is'its prinCipal office located?
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Their business office is located in Belleview or Avalon.
Is this where"is that near Pittsburgh or where?
Yes"near Pittsburgh.
Do you know what is cons'idered their principal office?Do they have
offices anywhere else in Pennsylvania or elsewhere?
As offices"no.They ha ve two other facilities that they operate in
the Pittsburgh area.
Do you know whe:r:e their national office or headquarter:s would be?
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They have no national office.
Now.is there an organization in.existence known as the Boys'and
Girls Home of the United Presbyterian Women as such?In'other
words,this boys'and girls'home is not incorporated as such,.is it?
It's incorporated as the'United.Presbyterian Home for Children
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under the United Presby~~erianWomen's Association of North Ameri~a.
Well,in other words,the hOrrie is ow'ned by the United ?resbyterian
Women's Association of North ·America.
That is correct.
.Do you receive any support fror;n that organization?,
We receive contributions to t,hat organization that operates the homE.
Q Do they pay any of the expenses at all of this boys'and girls'home
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.that you ope~at,e at Mars ;,
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A No.The c~ntributibns,th~t are ,received come into this ·organizatio l1.
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,Q'.Altd they in turn pay the expenses"is that it?
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home as such?
,A That's right.:
Q You don'treceive'contributions directly to the boys'and girls,'
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Yes"we do.
'Now what are the chartere(l'purposes,'Ifyou'know~of the United...
PresbyterianWornen's Association o(North America 7,'
In 1878 their charter was drawn up to care for the children who nee ed
care and,it f?specifically spelled out,.Orphan Children;and then
in 1892 it was amended to include the c'are for the aged;and then'
several years later an:ended again to c':Lre for the persons "who nee ed '
hospital care.
So at the present time,to the best of your knowledge,it is charter d
'for the purpose of aid to children,.t~e aged and for hospital 'care.
That is correct.
And to whom are .th~se facilities a vai!able,the facilities for\hos pit I,
care?,
.',
For anyone who needs hospital care.
Q .',Where ar'e they located 7,
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~'¢olumb~a ..Hospital•
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Penn Avenue,Wilkinsbuyg:,
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.And how about h<:ml;es fo~.the,~gxd 7 po they operate any homes for
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.the aged 7'
Mr.Sklenar
.
A It's right next to the hospital on Penn Ave'nue in Wilkinsburg also.
Q Are there any other facilities besides this home f~r the aged and
the hospital at Wilkinsburg?
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And the children's home at Mars •
,Is this the sum'total of the ins titutional activities that they 'carry on
That's right.
When did you first become acquainted with the boys'and girls'..
facilities at Mars?
My first knowledge of the operation was back in about 1955 or '56.
You were living at-that time where,East Mc15eesport?
Donora~Pa.
So you were not ac,t~ually familiar with the Mars area until what~
,,
sometime in 1955 and.thereafter?
That's right.I knew of it in 1955 or '56.But I'did not become
really familiar with it until 1960.
.By the way~who pays your salarYI Mr.Sklenar?
The United Presbyterian Women's Association of North America.
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And the staff or the personnel at .the home?
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,Do you conduct,religious services at the horne?
•...p '\t.'.Yes~we have.a 'devotional period each morning at breakfast time~.
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both with our·seni~r.breakfastat 6:20 and our junior breakfast
at 7:20.We have a devotional period each evening in each depart-
ment of each a~e child group.We have a'worship service on Sunda
Mr.Sklenar
eve~ing and worship service on Wednesday evening and the children
attend Sunday School arid church at t.he local churches.
Q What are the nature of the religious services that are conducted
17
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at the boys'and girls I home?
A devotional period.
Who conducts them?
Part of the staff and the children.
Well,is it a Catholic or Jewish or Presbyterian serv,ice or what is 't?
It's United Presb'yterian Service or Protestant.
Do all of the children attend these services?
,
A All of them attend ':~
Q Is there any preference given to ,children of the Presbyterian faith
in admissi6'n to the institution?
A Preference is given according to the needs of the child.
Q Do you know approximately at what tim e---do you know approximate y
,,
.the religious affiliations of the children in the home at the present.,,'
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<;J"..time?'',.'•
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At the present time?
.'
Q,Yes.
A You mean 'as,.tl~ey are liv;ing .,tq.~re now?
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Q ,Jewish or Presbyter:ian or Roman Catholic or whatever it might be•
.'
A We have several children.I would say six that were baptized
Roman Catholic.and the'rest as far as I kno~at the present time.
have all been baptized or have been associated with Protestant Chu ches.
Mr.Sklenar 18
Q Would you tell me again how many children you haye~about 40 did
you say?
•I
I did not.
Yes.
affiliation haa·been.
Some have been there as long asThat's what 11m talking about.
Do you have any idea?
Did you know the decedent,Aldine Prowitt?
All of them?
United Presbyterian.'"
nine years and I'd have to go back to se~what their prevIous
Do you know whether or not she ever made any contributions to this
I w.Duld have to go over the records fo give you an actual figure
1 am talking about the children that are actually in the home now.
long period of ti~e.
on this because some of the.children have been in placement for a
denomination?
how many of the 35 or 36 odd belong to~say~the United Presbyteria 1
And when you -say Protestant Churches,can you 9reak that down into
About 42.
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','Whatti&their affiliation at the present time?_You say they attend
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church'now'.What is'their present affilia:t~~h?
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Mr.Sklenar 19
Q Did I understand you"Mr.Sklenar,to saY,that you have about six
Roman Catholic children in your home at the pre'sent tim e?
A That's right.
Q Do you observe the Catholic holidays {or these children?,
Ceisler s'tarted out by trying to establish this was a non-sectarian
institution.'And I think this would have some bearing 'in the event
I think the inquiry is directed to whether this is a home for boys ane
I think that it may become
Your Honor,I believe Mr.
,
Your Honor,may I object to
MR.'R ODGERS:
MR.CEISLER:
,','THE COURT:,,,.,
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pertinent lli~thE1 !TIatter~We will overrule the obj eetion~
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the Court decides that Cy Pres is,,applicable as to \yhat the testatrb 's
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a recommendation of a priest.Thes~children consist of two famil es;
both families are half 0Fphans,the mother is deceased.In each
we are going far afield.
this line,'of questioning?I dop.'t think itf s.relevant to this inquiry.
girls at Mars"and is close to this textatrix's desires.I think that
,i~tentions or interests might .be,'along this,ende~v-or.
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A Your question?The answer is that thes e children were placed by'
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family one-half of the parental relati9'psh'ip was United Presbyteria~l.
The children were baptized Catholic and when the family became in
a dire position of need of,care,the priest recommended that the
children be placed and.pe raised United Presbyterian if this was
the policy and if this was,all right with the parents.And the parer ts
i.
Mr.Sklenar,20 1•
I·agreed in both cases.This'is true with all of our childreri.:.
Q In other words}these children are being raised as United Presbytel ian.
A That is true.
Q I think that's all,Your Honor.
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Yes)sir.
,Sundays for church purpos es ?.,.'
."And,do,.t~eY'all at~endin a body?'
Mr.Sklenar,is transportation made available to the children on
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They attend five different churches in the 'area.No •
And are they brought,to the church and then after s erviGes are
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That is corre~t'.
That's all I have •
(witness excused).
Mr.Weber
PHILIP M.WEBER IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.CEISLER:
.21
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What is your name?
Philip M.Weber.
What is your occupation?
I'm a certified.public accountant.
Where are your offices ?
Right now in Avalon"Pennsylvania.
Do you hold any position with reference either to the United Presby
terian Women's Association ef North America or the home which
they ma"intain"which it maintains at Mars,Pennsylvania for boys
and girls?
Yes,I am Treasurer of the organizatio.n •
How long hav~y(:)uin any way been connected with the organization
or in the home?
Since 1937.
,"
Since 1937,has 'this organization conducted this home at this locati m
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for boys and girls?
Yes,continuously.
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To the best of your knowledge.p.as there been any other home in
t ~;;
'Mars.Pennsylvania or in the general vicinity conducted by anyone
for boys and girls?
A There was up until 1952 a ho~e for children and a home for aged
operated by the Lutheran Church in Mars.But they discontinued
.,'.
M~.Weber
~':'
.the home for children in 1952:
Q Mr.Weber,you signed the Affidavit,as Treasurer to the Petition,
and paragraph three sCjtys that "it h~s been deterr:niried that there is
no such individual"(referring to Dr.Jack Munyous),llnor is there
22
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any such organizati~::m"p(r:.eferii.~ngto LestWe Forget)l~p:resentlyin
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existence but that there is a Dr.Jack Munyon residing a't the
Carlton House,Pittsburgh,Pennsylvania,who did operate such a
hom'e under such a name until some time in 1953."Is this allegatipn
that such person operated such a home correct t<?the best of your
knowledge?
No,it isn't.
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You did sigh the Affidavit?'
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I must not havy re~d it becaus e I would have certainly corrected tha
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May I,Your Hon?r,..since ,thi,s,is not a jury matter,state to the Cou rt
that I compared,tl)e Petition b~sed on a file which was sent to me'.'"....'.........-"
by the attorney in Pittsburgh who actually represents this organizat'on,
and in this file is a letter dated September 13,1968,addressed to
,James C.McCreight,Esquire,signed by Attorney Barney Phillips..
,who is here in Court,in which he said that Dr.Munyon operated
a home for children at Mars,Pennsylva'nia,and the home was dis-
continued some time in 1953.May I say to the Court that my prep-
aration of the pleading was based onmy assumption that the facts
set forth in this letter from the attorney were correct.
Mr.Weber'23
MR.PHILLIPS:r If the Court please,my letter
was based on actual knowledge that I had that Dr.Jack Munyon did
operate this horne at ,Mars,Pennsylvania ?uring the period from
about 19~0 to 1953.It was based on knowledge that I had that he
had purchased the property in his own name back around 1950;that 1 e,
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of his own funds"had put the downpay~entfor this property,and
that peop1:e were received,children were received in'this hom'e
during that period;that the home was discontinued in 1953 for reaso s
that he wiil explain when he,takes the witness stand.And,the deed
to the property is recorded in Butler County,that.is the deed to..
the property originally purchased~ybr.Munyon is recorded in
the Recorder's Office of Butler Counfy on Deed I?ook Volume 567,
page 46.And since the property has been conveyed to an iridividual
after the home was discontinued .
,-"
• j ,THE'COURT:•Very well.The Court under-'.'~."~"'~;stands the whole situation.You may continue.
MR •.CEISLE;R:'May I"Your Honor,under
the circumstances,~ove 'to'amend the"Petition to delete from it
",,
the allegation on o'ur part that 'there'was such a home operated?
MR.RODGERS:.I would object to that.I
think these pleadings are a matter,'of record and I think this is a
matter for the Court to determine..Mr.Weber has explained that
he did not read this petition before he signed it,as I understand it.
I think this is a matter for the Court to consider.
Mr.Weber
THE COURT:It would make little differencE
24
whether it be amended or not.We have the whole situation now
before the Court.
(Continued direct examination by Mr.Ceisler):
Q Very well.Mr.Weberl do you haveyour financial records along
with you?
A ~have my briefcase.
Q Mr.Weberl what is the value of the property and the funds which
are allocated to the Mars Boys'and Girls 1 Home?In other wordsl
what does the balance sheet of the Mars Boys'and Girls'Home shov ?
A They have assets of $11 0601 984.00.
Q Is,ther;e an endowment fundI the income from which is used in the.'.
op~fatiori.of the home?
A Yes.That includesl "'the mIllion sixty ~ncludes endowments of./
$552 1 157.00 at September'30,1968'..,~
Q What is the source of this .endowmeqt',funct?
A Contributions1 bequests from various people;and they are set asidE
in endowment funds because they were specifically just to be usedl
the income only was to be usedl not ,the principal.
Q Can you tell me roughly how many bequests or gifts constitute this
endowmeq.t fund?
A Approximately 30.
Q Is there another fund from which expenses are paid?
Mr.Weber
"
25
. A
Yes,they have what they calla reserve fund which is $496,663.00•
Q What is the difference between the endowment fund and the reserve
fund?
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The [nes.erve fund "they can use principalor income.
And the endowment fund they can only use the income.
Yes.
What is the ,source in general of the'$'eserve fund?
The same,beques ts with no specific requirements attached to them
.~
Mr.-Sklenar testified that the home has recently come into poss~ssipn
.of sufficient money to make a substantial improvement which has
been cohtemplated.Can you give the Court a very brief synopsis..
"'of that?"
Yes.Since the close oJ our fiscal year,Septemb~r 30,we receive ~
f......·
another bequest of $166,000:.And that is funds which we are going
to use to build the building'as ·a~mem'orial...
Incidentally,where did the testator or testatrix live,the one that
gave you this bequest of $16,6,OOO?
He used to be in Pittsburgh but he died in Florida..,
Do you know whether funds for this organization come from United
Presbyteriap people and churches and organizations throughout
Pennsylvania and even in other states?.
A The majority of the money comes through the United Presbyterian
affiliation.We are not affiliated wfth a church,but just the name,
Mr.Weber
United Presbyterian Women's Association.
Q What is the operating budget;'--what was the operating budget for
26
the hom,e for ~he fiscal year 1967-1968?
A The expenses of operating the home in 1967-68 were $140,898.00 .
CROSS EXAMINATION BY MR.RODGERS:
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You may cross examine.
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would actually be making the award to the United Presbyterian
Women's Association:of North Americ~.would it not?.,
Thatts right.That's the corpora~e,titlt?~
And the disposition of the funds would be up to what,the Board of
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Trustees or the officers of that o,rganization?
No.When funds are given for the benefit of the home for children,
they are turned immediately over to.them,or put in their funds.
which are controlled by me as Treasurer of the whole group.
That is a m~tter of policy,is that right?
Yes.
Is this organization run by the Board of Trustees or its officers
or who runs it ?
A They have a Board of Directors.
Mr.Weber.27
Q Who are they?
MR.CEISLER:Excuse me.Are you talking
•
about the association or the home?
Q As I understand it,the home has no separate corporate existence
at all,is that correct?
Do you know who~they are"where are they from?
United.Presqy;terian.Association of N<;>rth A.tne~ica"Women's
So I a~talking about the Board of Directors of the organization"thE
Women.I am the only m~le employee,except,I mean of the office s.
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What was your question?
,
Who are the directors?
That's right..
Association.
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Do you know any of their names?
.Oh"sure •
Could we have them please ?
A Mrs.Ryman is President;Mrs.Wallace,Secretary;Mrs.Gerber~
Vice President;Mrs.Campbell is one of the Board of Directors;
Mrs.Sloan,Miss Gilfillan"Mrs.Montgor:nery.I think there are 1D;.
'.Q This Board of Directors has complete discretion as to how they
allocate thes e funds,do they not?
A Yes"they do,but it's alway~been th'e practice the contributions
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for the.benefit of the home of the aged go to them;contributions....
for the ·home for children go to t~em;contributions for the hos pital
go to them.
If the Board of Dir:ectors in their discretion deCided to discontinue
thi?h?me at Mars,they could do so,could they not?
Yes,tgey could,but they are not goip.g to.
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What are the total assets of this organization?
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And you have am.Glperating budget of ,about $141,000 a year.
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That operates the home for children•.
Wnat is your total operating budget?
Total ope~ating expens es ?
Yes.
Just a minute.The home for aged cqsts $261,524 to operate.And
the home for children is $140.898.
How about the hospital ?
We only handle---the hospi.tal became a separate corporation in
1959.And we received contributions for them but we have nothing t;:>
do other than elect the Board of Directors,elect their Board of .
Directors.But contributions that come through our organization
for the benefit of the hos pital go to them,bequests and soforth.
28
Q You say it's a separate charitable corporation?
A That's right.
Q You received numerous contributions so I assume this is pretty
Mr.Weber
widely known,especially among members of the Presbyterian Faith
thatyou operate'these activities,is that correct?
29
A
Q
That's right.
.00 you know whether or not the decedent,Aldine Prowitt,ever mad
"~of I •' •.,.."~•l \•,'\'f
a contribution'to this organization?
A Not to my knowledge.
f".,Q Do you know whether'or nbtin any respect Aldine Prowitt,the
decedent,was oriented towards.the Mars,Pennsylvania area?
A Not of myown knowledge.
Q I believe that's all,Your Honor.
REDIRECT EXAMINATION BY MR.CEISLER:
Q One.question.Mr.Weber,is this work which you dofor the home
and the association a full-time job?
A No,just a part-time.
Q You operate a certified.public a'ccounting office?
A That's right.
Q How many employees do you have?
A Sev'en.
Q That's all,unless the Court has any questions.
THE COURT:No questions.
MR.CEISLER:May I recall Mr.Sklenar
for a couple questions please?
I·
30
THE COURT:Yes.
'.
,'i
PAUL DA~E SKLENAR IS RECALLED.
JAMES McGREIGHT"ESQ."IS CALLED AND SWORN.
,. ...EXAMINATION BY MR •.CEISLER:.~
May I call Mr.Mc Creight ?'
No questions.
.\
MR.CEISLER:
MR.RODGERS:
Cross examine .
toys and things that came from Hickory .
County.Would you tell the Court the names or the geographical
and Hickory.In fact,I have in my car right now a box of Christma
Well,I know that they have received contributions from the"church
in Donora,Pennsylvania,Mon City or Monongahela,McDonald
locations of any churches in Washington County from which your
home has received contributions,say,in the last month?
"
Mr.Sklenar,there is some questi9ILraised by Mr.Rodgers f
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questioning concerning the identity of this home with Washington
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DIRECT EXAMINATION BY MR.CEISLER:.
Q Mr.McCreight,you are a member of the Bar of Washington County,
Pennsylvania,and for the"r'ecord,you have recently been elected
President of the Washington County Bar Association,is that right?
A That is true."
Mr.McCreight
, 'i-
bid,you 'know Aldine:Prowitt?
I did.
For how long?
,
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31
I think,for more than ten years'prior 'to her death in 1967.
Did you k.now :.:-her in a professional capacity?
Only from about March of 1966 until her death.
Did you have occasion to talk with her in depth as her attorney?
I did.
And did you know he r in any other capacity?
Yes.She and·I were mem hers of ,the same church for many years.
Of what church were you and she a member?
The Second United Presbyterian Church of Washington.
Was she an active and inte'rested member of the United'Presbyteri
Faith?
I would say so.
What was her occupation w~en she worked?
She was a schoolteacher,public schoolteac~er.
Did you,in tile cour se of your meeting with her either professional y
or in church,form any opinion as to whether or not she was.'
interested in children?
A I did.
Q Whatwas that opinion?
A It was my opinion,based6nwhat I observed and heard her say,
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.Mr.McCr~ight:-,i:..':.:ri'ok .,lit 32
that she was very much interested in children.
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Q .Would you have anopinio'n as 'to whether in this will.it was her'
\I
intenti'on to provide'funds for the ca~e of boys and girls in a home?
a beneficiary and this is not relevant to this proceeding.
this on the grounds that the ~ill speaks for itself.It merely describes•
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THE COURT:
That's all.Cross examine.
.Your Honor.~will object to
The objecti0I?-is sustained.
CROSS EXAMINATION BY MR.RODGERS:
Q Do you know about how old MissProwitt was when she died.Mr.
McCreight?
A 62.
Q Did she ever marry?
A Not to my knowledge.
Q She was a'teacher at the puplic schools in what area?
A Most recently before her retirement I think she was a teacher in
the Patten School.
Q Which is outside Washington.Pennsylvania.
A In South Strabane Township.
Q Was she also a praCtical nurse?
A I believe she was for some period of her life..
33
Q Where did she practice tihiS:3calling.?"~•
1.~-:I..
A I don't know.I donIt recall that,Mr.Rodgers.
Q She lived in her own home where,over at Wolfdale near Washington
'Pe'nnsylva'nia ?
A Yes.
A No.
A She did.
'Mr.McCreight?
Yes.
Yes.
9 Now to your knowledge,was she in any respect oriented towards th
Mitl:rs,Pennsylvania area?
three or four or five years prior to her death.
Q In the Pittsburgh area?
A
Q Would she Joe able to attend ,the 'meetings in this automobile?
QDo you know whether or not she owned or operated an automobilE;,,
A No.She had ,lived there,I would say to my knowledge,for a.t least
Q Do you know how long she lived there?
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Q.Now as a member of the Secon.d Presbyterian Church---
MR.CEISLER:United Presbyterian Church.
Q .I'm sorry.'Second United Presbyterian Church---I would rather'
the correction come from Mr.Web~r,but that's all right...
It would have come from me,Mr.Rodgers.A Church,
As a member of the Second United Presbyterian,/you have been
•
•
well aware of the organization known as the United'Presbyterian
Women's Association of North America.
A I knew that such an organization existed..I did not know its exact
title or its exact connection with the Mars Home.
It would be fair to say that,other members .of your church would hav
some knowledge of such an organization,even though they did not
know the exact title of the thing?
Not necessarily.
To your knowledge,did Miss'Prowitt ever ma:kean:Y-jcontributions
to this organization or to the Presbyterian Home operated by it at
Mars?
Not to my knowledge.But I'd like'to qualify my answer.My
acquaintenace with Miss Prowitt prior to March of 1966 was very
slight.I knew her only in that we were both members of the same..'~
church and would greet one another after church.So that my .
knowledge 'of Miss Prowitt's business affairs would relate only to
the period after March of 1966.
,I believe the will that was prob8:ted was prepared by Attorney J.R.
Knox who has since deceased,is that correct?
A He is still alive so far as I know.Attorney J.R.Irwin Knox was
a member of the Bar at Washington County for many years and a
member of the Second United Presbyterian Church in Washington,
but is now retired and I think res iding 'in Texas.
Q At any rate,he is the attorney that prepared the will..
.,
.34
•
Mr.McCreight
A That's correct.
Q 1 believe that1s all,Your Honor.
EXAMINATION 'BY THE COURT:
35
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Mr.McCreight,had Miss Prowitt retired from schoolteaching
before her death?
Yes.Your Honor,she-retired,as I understand it,about 21 years
prior to her death by reason of a physical ailment.
Then do I understand correctly that she did practical nursing after
retiring from schoolteaching?
I am not clear on exactly when or where she did the practical nursi g,
Your Honor.She did make some reference to it in conversation wi h
me and Mr.Rodgers'ques tion reminded me of it.But when and
where this occurred,I don't clearly recall,if she ever told me
definitely.
Had she taught in the elemelutary grades?
Yes.My recollecation is that her teaching was in the second,thir
and fifth grades.
Miss Prowitt had living relatives in this district,did she not?
She had cousins.Your Honor.Mrs.McCullough,Dr.McCullough'
wife is a 'cousin.
Q That is Dr.Clarence McCullough?
A That is correct.And she acted as AdnHnistratrix CTA in the
'.
Mr.Mc Cre:ight
administration of the estate . A brother of Mrs.McCullough,
another,cousin,resides in this area,but there were no -relative.s
living at the time of her death closer than cousins .
.Q I have no further questions.
CROSS EXAMINATION BY MR.RODGERS:
Q All of these relatives have received notice of this hearing,have
they nQt.Mr.McCreight?
A At the time of the audit we gave notice to every relative who
would participate in the estate if she had died intestate,of whom WE
<••
36
had knowledge.But there were some relatives we feel in 'existenc'e
whom we were never able to identify or find a<;ldresses for.And
therefore,the audit notice inCluded a notice by publication by
authoritative recording.."
Q By the way,what was the nature of Miss Prowitt's physical ailmel t?
A I don't know of my own knowledge.I ,was told by her physician that
it was a disease of the spine and in the nature of paresis.
Q That's all,Your Honor.
..
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MR.CEISLER:
I'.'
-THE COURT:
v.:e have no further testimon.,
'....,
Mr.Rodgers'?
Dr.Munyon
·DR.JACK MUNYON IS CALLED AND SWORN.
DIRECT'EXAMINATION BY MR.RODGERS:
You'r name is Dr.Jack Munyon?
Correct ..
.
Where do youlive?
Carlton,House Hotel,Pittsburgh,Pa.
Are you married,Dr.Munyon?
Yes.
De>you have any children?
Yes.
How many?
One s on,married,living in Connecticut;two adopted girls,both
married.
Are these by your present marriage?
No.
By a prior marriage?
Yes."
37
_,-
How did the prior marriage terminate?,..Death.
....
Are you anortained minister,Dr.Munyon?
Yes.
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Would you tell theGo~rt briM~y ~o~r ~~ucational background to
prepare you for the ministry?
-------,---------------,---,--------,----------------------,
Dr.Muny§>nn 38
A Graduate of Toccoa-Falls,Georgia Institute and Nyack Missionary
Training Institut~and College.
Q Ov'er what "period of time did this training extend?
Q This title of Dr.Munyonl was that ,an earned or honorary degree?
Q That is not the same organization as the,Lest We Forget Evangelist c
.
Q .I9-,'what respect?,.
.
A -Hono,rary degree given by the Evangelistic Association of t.,'Americfi.
,,....
How long?
Approximately 38 years.
A'p~riod Of six years.
Where have you practiced the'ministry?
And haveyou been practicing your ministry for how long did you sayr?
Primarily in the Evangelistic field.
Approximately 38,39 years.
Associat~on?
,
Are you pres ently active in the minis try?..'
,~f 1.,.-,~,1.....
Yes.";.""\..'"
A
Q
A No connection whatsoever'.
A
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Q
A That was back in the '20s .
Q How long haveyou been a'minister,Dr.Mlinyon?
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A Primarily continuing Evangelistic work,plus pastor of the
..'.,,}.."-,.:Voeglrt~y Evangelical Church of North Side,Pittsburgh~
Q How long has that church been in existence?
Dr.,Mlinyon
A Several hundred years.
Q And in addition to this ministry,do you conduct Evangelistic
s ervices on the radio?
A Radio devotions every morning 9 to 9:30.
Q Over'what station?
A Locally,'WPIT1 Roosevelt Hotel.
Q How long haveyou conducted a program of this type?
A 38 full years;into my 39th year.
Q Do you receive any compensation from the radio program?
A Absolutely none;only to the extent of maintaining radio time itself.
Q But you you:J;'self receive no salary or compensation of that sort.
A None whatsoever.
Q And how do you make your living?'
A I do special saleswork.
Q For whom?
A Mooney and Keehley,Inc01 headquarters,.Winchester Street,
Rochester,New York.
Q ,What is the nature of ~hat work?
A Primarily selling all funeral supplies,with the exception of severa
"items to the funeral homes ..;,~...
Q,Haveyou engaged in any other occupation besides the sale of thes e
f'.'1-.'l'?un~.ro~'k;supp les .
A Previous to that I was owner of the Concrete Burial Vault Company
for a period of approximately ten or twelve years;partnership
39
Dr.Munyon:40
'with paul Waner,the ex-ballplayer was with me approximately
t~ree years after the New York Yankees released him.
Q This radio ministry,under whose auspices or on whose behalf
is it conducted?
now incorporated.
A The actual association,however,not incorporated,has been in
Q For how long has th.is association b~en in existence?
A It's conducted under the LestWe Forget Evangelistic Association,
Mr.Munyon,you mentioned this was the Voegtly----
Voegtly.
Some pronounce it Voegtly,but the German pronounciation is
Yes.
(Ste.nographer·marks Claimant's Exhibit "A",a photostat copy
of a Charter,for L~stlWce:,jEQrget Evangelistic Association,Inc.)
You 'mentioned that this association has become incorporated?~
What would that be?
Approximately 38 J:'ears.
ministry.
existence practically the same length and 2~.:;duration of my radio
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A Yes,from Voegtly I r.eceive'salary.
Q How much have you received?
A Very minimal of $225.00 a month.It's more of an accommodation
Dr.Munyon 41
I went there to s peak one Sunday morning and their pastor died,and "
somehow they held me on for some reason or other.
Q In addition to this radio ministry,does the Evangelical Association
.
carryon any other charitable activities?
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that is food~wise,clothing,primarily for children,and toys.
Is this engaged at Christmas time or throughout the year 7?
Throughout the year,~s pecially at Christmas time the ordeal is a
heavier one because thel.demands are greater.
.How do you organize this particular charitable activity,the dis-
tribution of the food and clothing and toys?
In the way of delivering or---
Yes;
"'}I -have volunteer he.~persas arule and I do a great deal of it as
time permits myself.
it's also caf:hed on during other times of the year.
Definitely.''
Who are the recipients of this charity?
Primarily families that are brought to our attention from radio
listeners,either living nextdoor or somewhere in the vicinity,it's
brought to our attention.
Q Is this operated in any way on a sectarian basis?
A Absolutely not;non-sectarian.
I-..----,-------...:..-----...:.-----!-__
",------.----,-----,---------.----------------------------------
.Dr..Munyon 42
.Q I'm sh~wing you what has .been markeq as the Claimant's Exhibit
,.
,I1A~r and ask-you what this is,Dr.Munyon?
+-'-if.?~~_ft
Trustees shall determine.
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This is a charter now of the Lest,We lforget Evangelistic Associatioln.
-'And would you read paragraph third'of that charter?
lIThe corporation doe's not contemplate pecuniary ,gain or profit
.
-incidental or otherwise,to its member's •..The'purpos es for which
it ~s formed are:To foster,prom'ote and~ponsor,radio and tele"':
,
.vision pr.og:r;ams an,d broadcasts of a rel~g~pus nature tending to
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further the Christian religion,fellowship among ~eople and help',
interpret Christianity to the world and·to engage in such other
~'">ill
And is the Lest We Forget Evangelistic Association carrying out
those purpos es ? '
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Positively.
Now prior to the actual incorporation,I believe you testified that
the Evangelistic Association functioned as ·an uninc:orporated
association.
That is correct.
Q Wno were some of the members of that asso.ciation prior to the
time of its incorporation?,
A You mean the Trustees?
Q Yes.
Q Mr.and Mrs.Albert Mursch,Mr:a1;ld Mrs.Bert Lawson,Mr.
----tr-----------------------------------~--.......
Dr.,Munyon
and Mrs.Chester Lewis"Mr.and Mrs.Freedheimer,William
Freedheimer.
Q Could you tell us where these trustees live?
43
live in Sharon"Pennsylvania;one couple live in Youngstown"OhiC?;•
A At the present time"most of them have become scattered.Two
the other couple"live in North Side,Pittsburgh;the other couple0(
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here in Finleyville.
Finleyville,Pennsylvania?
Yes.
WhO wouid that be?
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My sister,Mr.and Mrs.Chester Lewis of Old'Stone Church Road.
That's really Gastonville"
Now Dr.Munyon"did this association ever operate a boys I and
girls!home at 'Mars"Pennsylvania?
Most specifically.
And when was that?
Approximately in 1950 to 1953.
And will you describe for the Courtthe type of facility this was?
It was primarilyaJ}.old ,farm,the farm known as Dr.Sterret farm .
,The home was a tremendous large home.,''By that I,mean he used
it as a private hospital prior to my purchasing the hos ~ital.
Q What was the name again?
A Dr.Sterret.Then,of course,it had other buildings,barns and the
Dr.Munyon
small cottage that we later---well,it was,an original,we e,rected
another cottage there.
44
Lack of fupds;lack of assets.Plus--pardon'me.sir.plus there
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33 .
Where did the children come from?
From broken homes,primarily.
From what area did they ,come?..,~(
We did not restrict it,butpriinar'ny Alleghe!1y,County.
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What religious denominations did they have?~.<j!'.l
Absolutely non-sectarian.
What religious affiliation did the children have?
-,
Primarily Protestant.
Were there any otqer affiliations?
Yes.we had'three of them were Catholic children.
And how long did you continue to operate this,home?
,ApproxiTI?ately 3 years.
What wa s the reason for disconti~uingthis,operation?
,.
Q
was a state i~s pector in regards to security orfire hazards;they
figured perhaps the old-fype bUilding would be a fire hazard and
it would necessitate building a fire-proof building.dormitory.
How far were tqese premises of the boys!and girls'home from the
home operated by the United Presbyterian Women's?
A I would say approximately a quarter of a mile.
,------------u--------~--~-----------__c_-__c_-------------------~
Dr.Munyon 45
Q Did you know the decedent,Aldine Prowitt?
~A.Yes,I did.
MR.CEISLER:Just a minute".,I am going to'
•
object to any testimony regarding any relationship between or any
conversation or contact between this claimant and the decedent.
,,
Court has to know all about the decedent;and this is offered for that
the Dead Man's Rule applies.This is a claimant.
that none"the less,the rul~against introduction of testimony under
•tMayIsuggest,Your Honor,
So areyou.
Your Honor"they are asking
MR.RODGERS:
MR.RODGERS:
~.MR.CEISLER:
purpqs e,and a~so for extrinsic evidence in.order to d~termine the
intended beneficiary.
for t.he Application of t~e Cy P~e·s ~_OCfrine aJ1d"it .s~e~s to m~~,he••
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an interested party.I don't !mean a witness,I mean the decedent
Your Honor,dealing with"any conversation with the witness from
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from an interested party.
THE COURT:
But I didn't put in any testimo n.y,
We will permit the answering
of the question just asked by counsel.We 'will rule on further
questions'as they are propounded.
MR.CEISLER:Your Honor,the objection
is premature.
THE COURT:Yuu',may continue.
.,
Dr.Munyon 46
.(Continued Direct Examination by Mr.Rodgers):
Q How did you come to know her?
A The first time I ever had the pleasure of meeting Miss Prowitt was
in the old First Baptist Church here iIi Washington,Pennsylvania,
(Stenographer reads back last question and answer);
Yes,on some other occasions she vIsited,bth~r such~type m~etings
Did you have other occasions on which you 'fi'et Miss Prowitt?
would c'ertainly encompass seeing her,at any place or aetifify which '
..
She attended one night
The objection is overruled.
,.'{.
I said o:r .contact with,which
He's not tes tifying to any
I object to any testimony
'.,....
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THE COURT:
MR.CEISLER:
MR.RODGERS:
....MR.CEISLER:
Exception noted.
was conducted by this claimant.
conversation,Your Honor.
,.
with two other ladies.·
where I was conduc;ting Evangelis tic crusade.
,concerning a conversation or contact with the decedent.
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as I was conducting.
Q .:On how mal1Y~approxima'tely,other-occasions?
A W~ll,it was 'numerous,but I would ~ot be able to give any specific
numb er of times.
,Q What type of service or meeting was'this,Dr.Munyon?
•
Dr.Munyon
'A·Strictly non-sectarian Evangelistic:..type meeting.Some were
union-type meetings of all'churches;others were held of individual
denomination or independent,as I'd perhaps er'ect tents,large tents
Q After this first meeting,did she make herself known -to you at .
subsequent .meetjngs?
,..
47
an<;l move that it be stricken for the reason~that I:h8:v.e.a,dv?-nced bef reo
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THE COURT:
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Iobje?,htOlthisl Your Honor,
The objection is overruled.
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Q What were the nature of these communications?
Q Did you ever receive any communication from Miss Prowitt?
A Approximately,she would contribute'$5.qo a month for the radio
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ministry..
MR.CEISLER:
THE COURT:
MR.CEISLER:
THE COURT:
MR.CEISLER:
Obj ection.
The objection is overruled.
.Same objection.
Overruled.
I object to this furthermore
for the reason that this is violation of the Best Evidence Rule.
There should be books to establish this.
THE COURT:The objection is overruled.
Q And was there'any communication accompanying these contributions?
Dr.Munyon 48
A To what extent,may I ask?
Q We 111 in the form of note or letter or anything?
A No.Just enjoyed the radio broadcast'---
Was that a written communicationl Dr.Munyon?
N01 was there any communication it:!connection with these contri-...
Just answer the questionl pro Munyon.
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I presume that that was a
He's already answered what
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We didn't have an answer:y~t.
I object to this,.
.What Is·the answer.?
,I move that the answer be
..;
THE COURT:
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MR;·CEI~LER:,
THE COURT:
THE COURT:
MR.CEISLER:
MR.CEISLER:
Yes.
(Stenogr~pher reads back last answed.:.,
written communication.
she saidl Your Honorl on the record.
stricken.
butions?
JShesaidsheenjoyedthe--..!
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MR.CEISLER:I m.ove,Your Honorl to strik'"
it as it is ip violation of the Best Evidence Rule,and also in
violation of the Dead Mi.m's ,Rule.
THE COURT:The motion is refused.The
obj ection is overruled.
,Dr.Munyon 49
(At the request of Mr.Ceisler,off-the-record discussion was not
r~co:t?d~d by the stenographer).
•I -t ...~l'·t
l.ha:e a standing objection to any testimony bJ;,this,w,itness ~ealiI1g '."
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recorded by the stenog:rf}pher).
with transactions or conversations by and between him and the
(At the request of Mr.Keller,off-the-record discussion was not
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We ha ve so noted.
Can we put on the record ,then.MR.CEISLER:
THE COURT:
decedent?
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communications that y6u get from your radio audience?
Incidentally,Dr.Munyon,do you keep all <;>f the letters and other•
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No,that is an impossibility because of the quantity of letters coming
in.It would be an impossibility to keep letters.YOli'd be stacking
the~up somewhere.
I believ~you previously testified that Miss Prowitt was a radio
,
lis tener of yours.,.
Many,many years.
Q Now is th~re any reference in your radio broadcasts to the Lest
We Forget Evangelical Association?
A Absolutely not...
Q I'm sorry---when the program is introduced is there any reference
Dr.Munyon 50
to this organization?
attention to this home for the children.
Well,what reference is there?
gelistic Association,tax exempt.
And how was it identifie9 on your radio broadcast?
'I
"
'50s,did you also mention the boys'and girls'home?
Yes.
Lest We Forget Children's Home.
Yes.Primarily that was the basis from whence we opreated to draw
the home itself?
And during the course'of your radio broadcast.back in the early
Oh,yes.I misunderstood you,I'm sorry.
"
broadcast this program is sponsored by the Lest We Forget Evari-
It's mentioned a,t the opening of the broadcast and the closing of the
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And when'the_home.the"boys'and girls'home itself"was 'discontinue 1,
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were you.r radio lis,teners informed of that fact?
Yes",:t-gey w~re .
Dr.Munyon,is there any other organization in the Pittsburgh or
Western Pennsylvania area known as the Lest We Forget Evangelica
Association?
A Would you be kind enough to restate that?
Q Is there any other 'organization in the Pittsburgh or Western
".Pennsylvania area with the name the same as or similar to Lest
We Forget Evangelical Association?
Dr.Munyon 51
i
By the way,Dr.Munyon,do you also"in yourc'apacity 8;s minister
Is there any minister other than yourself identified with the Lest We
Is there any other minister in this area known as Dr.Jack Munysm?
Is there any minister inWestern Pennsyl;~niakn:own as Dr~,Jack
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Many of them.
Not to my knowledge.
Mun~ous ?
conduct fun~ral services?'
For fees?
No.
No.
Well,no,.I don't charge a fee,whatsoever.,
"
Forget organization?
No.A
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Do'You receive any compensation?
At .times;not always ~
Cross examine.
CROSS EXAMINATION BY MR.CEISLER:
Q Dr.Munyon"do you live in the CarHon Hous e ?
A Correct.
,Q What is the room or suite number?
A 1234.
Q What is that;a one-room?
I -'-------'''----~---------------~-------
Dr.Munyon 52
A ,One room;primarily effeciency.
Q How long have;Y-Olli 'led there?
Q I think you testified that you maintained this radio program 'for some•
A Approximately 13 years.
38 years.
Well,I can give it to you.They would'have to run §Lpproximately
And I assume,that ma~y of thes,e letters contain contributions.
And that you received literally,I suppose,'tens of thousands of
,~.
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No.
Yes.
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Not all,but many~
Correct.
.
Over'aperic:>d of a ye1i.r are'you referi-ing;to?'.
Yes.
letters from lis tener},.,',:.'..
What would you say t~at your ~verage contributions run a year?
You mean the total figure?
And you don't keep ,these'letfers?
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$35,000 tq meet'radio expenses.
Q Do they run.any more than $35,OOO?
A Right now'they are running more because of several increases in rae io
t'ime,yes.,it would 'go higher now.
Q You don't tell the listeners how much the radio time costs,do you?
,---------------,-..----------------~---~----
Dr.Munyon 53
A
Q
Oh,at times,oh,yes.
How much does radio tim'e cost .you?..~.
A At the present time I'm paying~$305.00 a week for the WPIT.
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So $305.00 a week would come to $15,000 a year.
More than that.
Well,a little more.
You are neglecting,·if I may say with kindness,taking in all the othe
items such as office.help,such as stationery..
I'm talking about radio,time.
.
Radio time runs more than fifteen.
Do you have any books or records as to your organization with you?
No,I don't •
Who are the present directors.of your incorporation?
I will rename them:Mr.and Mrs.Albert Mursch;Mr.and Mrs.
William Freedheimer;Mr.and Mrs.Bert Lawson;Mr.and Mrs.
Chester Lewis.
Who are Mr.and Mrs.Mursch?
They are former'memb ers of the Lest We Fo~rget Church,likewise
radio listeners and contributors.
Are they related to you at all ?
A Absolutely not.
Q Where 'do they live?
A At the present time they live on Marvesta St;-eet over in North Side,
Pittsburgh.
Q The next pair of·husbana ana WlIe,WllV 0.1 c;"U"'J •
Dr.Munyon 54
That-'s been approximately eight months ago.
Sharon,Pennsylvania,Mr.and Mrs.Bert Lawson.
No.There were two missirig~my sister and her husband.
I can furnish minutes.Of course,we had some records destroyed.
,.
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~.,;.
Directors of your corporation?
I'd say three months ago.
When?
The flood.
where do you keep your records?
I did keep some at Voegtly Evangelical Church and kept some in our
How was that?
When is the last time you have had a meeting with th'e Board of
Do you hav.e the minutes?
Mr.and Mrs.Chester Lewis.Mrs.Lewis .is.my sister Dorothy.t ,J .'
Mr.and Mrs.William Freedheimer.
YGungstown,Ohio.
No.
And did all the directors appea.r ?
Are they rel9-ted fo you at all?
No.
Where do they live?
And the next?
Are they related to you at all?
•And the fourth?
A
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own headquarters at the'Carlton.'Hous e .
Do'you ha ve financial records?
Yes l we have financial records.
Where are they kept ,?
They were lost lik~wise.
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.,
55
The financial'records were kept in the church and'not in your office.
MR.RODGERS:Your Honorl ,I'm going to
object to this line of questioning'because I do not think it's relevant
in the'issue in this proceeding.If the Commonwealth feels the
Evangelical Association was not operating within its charter.the
Commonwealth can take proper steps.I think Mr.Ceisler has gone
far afield and I will object to further questioning along this line.
MR.CEISLER:
THE ,COURT:
,MR.CEISLER:
Your Honor.may I 'say---
The objection is overruled.
The reason I am asking these
questions is that you have testified at some length as to the charitab e
work thatyou do and I am sure that there are records which were
kept at some time.Now do I u~derstand you correctly that the
financial records of your organization are not available?
I wouldn't say they are not available.If they were available I'd.be
glad to present them.
Q I am sure of that.But do you not have the,m?Are they not pJ:1ysical y
available?
A No.
.-------------.r------------------------------------.-
Dr.Munyon 56
Q _What are the most recent records that you could bring in?
A Well,thela$t I could bring in would be primarily file cards,which
would be a tremendous task.
food or clothing or toys that you buy?
correct records because of this.That h~s been our methqd all
Don't you keep any r~cords of the contribu~iqi1s that you.ti:l:ake,th"e
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other·words,it would'take"atremendous -aliditing,~'dbring ,in ,?-ny i ..
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File cards.We notate.aU;'contributionson cards,index cards.'In
;
Pardon me?
through the year"s.
Q
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A No,because we do notfe~l that it is necessary.Some of them are
given,wE!can't possibly give records on that.
Q I understand that.But certainly some of your money goes to buy
.these 'things which you distribute to charities,does it not?
A Not exactly.Primarily my monies go for radio ministry.Most of
the items are given.
Q Just)so that I understand it,are you telling us thatyou are not·able
to bring'into Court at this time or a later date any finanCial records
which disclose either contributions received or distributions made
by your organization?
A Not from a financial standpoint because as I have suggested and
stated,most of the items are given,including food.Even Heinz
Company,they do not request that I give them -any record of what
they give and likewise I don It keep records.
Dr.Munyon 57
,
Q Do you have any recorqs of what you pay ~he radio station and what
you pay your secretar~al help?
"
names referred to;neither ido they want their names mentioned.
What is the significance of that?
Primarily m~nyof.P1Yindex cards and other financial statements.
"
.'-
years ago.Miss Prowittl'if I may addl there are times we do get
letters anony~ous and you can't always telll"they don't want their
She could have written at,a later date.'
She might havel but of course"you wouldn't know because it was
you received from'Miss Prowitt ?
thousands of communications.When was the last communication '
I would say approximatelYI to my knowledgel three years or four
Well,in the event thatw~.have a continued hearingl which I would
No.
Yes"I do.
Where are those records'?",
financial records tha~you have,if you will please.Now I think.!we
have established that over"the years you have received tens of
anticipate,i would ask that "the next time you bring in all the
.'."
What records were destroyed?
I can produce thos e;I 9on'thave them 'with mE?'. '
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Those were not distroyed in the flood?'
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A I WOUldn't be able,to prove thatl no.
~--------.,------_._---------------
Dr•.Munyon
Q You specifically remember her notes ?"
A :Yes"I do.Oftentlmes she sent in prayer~eqtiests.·
58
A ~Oh,no;·thousaads •
Q She is the only one that did that,is she?
you're ~aturally going to haye a'pidure of"the~'in your mincl.'
..t
Oh,yes.If somebody c~:mtributes monthly or a near monthly basis;•Q But youdo specifically remember her?
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How did she contribute"by check or by cash?.
Cash.
Did you send a receipt?,.,'
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A No.She was the type that never wanted areceipt.Many of our
radio listeners do not want.receipts •
Q How do they tell you that they'donIt want receipts?
A They tell you in their'letter or correspondence or by phone or
verbally.
Q You remember that she said this to you"that she didn't want a
receipt?
A I didn't make that statement.I said at times people write in and
~
say they !ioilrt want receipts.She could have written in unbeknown
to me at a later date.
Q You never gave her a receipt,is that right?
A Oh"yes.
Q Well then you w~uld have a duplicate copy of the receipt,would you?
-A No.We do not keep duplicates.We put them on our index file card;;.
,,--------------..---------
Dr.Munyon 59
Well now,what flood took place at the,church that destroyed the
And you have no index file cards from Miss Prowitt I assume?
No.I mentioned that ~e lost many of [o,u'.I1,'former records;in fact,
You said the records'were in the church?.
I can get
,..
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records?
evidence ob.that.
I sai<;i part were at the church•
When was this flood,'by the way?
The bathtub ran over,flooded the whole Carlton House.
Tha t wasn't a flood;it was a private Hoo,d ..,
.~~...
Where?
What's that mean?.
In my own room.
we juststa~ted about a:/year,·ag6.
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I cannot go back to a period of years and pick up what records ~e're
ruined and lost and where.
Well now,were there records at the church?
Yes,som e.
Q Were some of thos e index cards on which you had contributions.
noted?
A.Yes.
Q Were they destroyed in a'flood?
A Yes.
Q Well then there was a flood in the Carlton House and also a flood
Dr.Munyon
in the church.
A That's right.There was damage in the church and the file wasn't---
you couldn't maintain names or addresses from it.
60
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When was this flood in the church?
Oh,that's been approximately a year and half,two years.Approxi-
mately,I'd say..
So if I understand you cbrr'ectly,-if we could find thes e index cards
you would find a notation of many contributions by Miss Prowitt,
is that right?
I wouldn't say many,but I would find evidence that she had con-
tributed to Lest We Forget Radio.Ministry.
But we can't find the cards,can we?
It's possible-I might go back and find some that are stained and
marred.
Did you say that she confributed many times ?
I didn't say many times.Perhaps I will stand corrected.At times,
perhaps every other month or so.
Over what period of time?
Period over many years.
How many years?
Well,1'0.say 37,38 years.From the time that she met me or r
met her in Washington,Pennsylvania.
Q .So that she would contribute maybe six tim es in the course of a yeal,
five times.
"
Correct.
How much were these contributions?
At the present time.no.
I would say yes.
61
".'
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,,..
You have not operated a home for boys and girls since 1953.isn't
You do not operate a hOJ:De for boys and girls now,do you?
You are not collecting and saving money for a home for boys and
that right?.
I'd say approximately $5.00,as I recall.
tributors at times don't even want their name mentioned.
Always in cash.Many of my radio contributions are that way.
They were always in c~sh?
Dr.Munyon
,
You have no 'writing whatsoever to establi's:q,:any of thes'e contribution 3,
•~.,....,"'!"
I would say it would be somewhere in the neighborhood.
,.
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up and we don't keep files to that extent because most of our con-
Yes,that's right.
.
Over that period of years#
is that right?Is that what I understand?!,.•',
I mentioned earlier it's an impossibility to have radio letters stacke<
,Which means'that she would contribute to you about 170 times.
,
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girls.areyou?
A No.
Q You are not operating a charity or a charitable organization Qr
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conducting chatltable activities for boys and girls as such,are you?
We are doing it in a sense on larger scale than we.did .
..
You are doing it for families,are you not?
That is correct.
But not specifically for boys and girls?
Not an individual institution or a specific institution.
"
You have testifled that you operated.a home for three years in Butle
County,is that correct?
Correct.
Do you have any records of the operation of that home?
Yes.I can get'records on it.:
What records would·you J:iav~?
Well,I can ge't witnesses that worked there.
No records?
Records,no.;
Why?
Well,we destroy:ed them after the institution closed;I wasn't about
to keep them all thes e years.
Was this h01?e ever the subject of investigation or inquir'y or
application ,to any department of the Commonwealth of Penns'ylvania
No.
I
Q It was not?
A .No.
Q'Was it ever invest igated by anyone froni the Commonwealth of.
of
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63
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Pennsylvania?
A
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Health-wise,we had health officers thatcame-ih..,',:~
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~longer.
Nq,be~ause we knew we did not have the assets to continue much
any official of-Mars or the.township'in whi~h it was locate'd?
Commonwealth of Pennsylvania,'any arm of the County'of Butler or
,~''''',..~
Did you ever make ariy applic~tion,offiCial application anywhere
in connection w~th the operation of 'this hoine to any arm of,the
l .-
From what department?
,.
.That I don't recall anymore.
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the township in wh~~~,thehome is 'located,.thecounty of Butler or
the .Commonw~althof:penriS"ylva~ia,I would find nothi~i to indicate
..
there was the oper~tionof a home'at this time--and at this place,is
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I believe you'dfind'varied evidences.'..
-What would I find and where would I find it?
Some businsess places;I'm .positive the,bank would k1low.
_Q'Which bank.?
. A First National Bank at-Mars,Pennsylvania..
Q How would it know?
A 'Id~ntifi~ation.
Q Did you operate ari.~ccount there?:'-
A No,;but I got cash,checks cashed there various times;they knew m .
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Did you operate an account anywhe~e in connection with this home?
Ha;v~a separate account?
Yes.
No.It was all under Lest We Forget.
Wnere was that account?
In Pittsburgh.
Where?
Mellon.
Whkh branch?
It could have been for awhile,People's First National.Naturally,
you change banks over a period of years.
64
Q I'm talking about the home now.Where did you keep the money for
the home?
A You're confusing me.I ~aid e,yerything is under the Lest We Forget
Radio Ministry at that time.
Q I see.So there was never any segregation of money for the home.
A No:.it was all in one channel.
Q You think that was in the Mellon Bank perhaps?
A I banked at Mellon,I'd say 30 years and also People's First Nationa
Bank back in those years.
Q People's First National did you say'?
A Yes.
Q That would be 1950 to 1953;
A Yes.
Dr.Munyon
"
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Any records that you niayhavehad infor~ation'irithe,financial
"lift ~.~-~,"f"1;"~-'f,.•
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That's all.
That is correct .
Anyone else.?
I've always been ,k'nown through,,but never in profe,ssional 'work.
What did you pay for the hom~?
A.Munyon.
other one was $4,000.I believe.,.
l\fY sister was;I was.
Who was authorized to sign the checks?
There's two separate plots there.The one was $14,000;and the
Mfchael A.Munyon.I have two names,.My given name is MiChael.
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Yes.And yet we had a committee at thattirne.not a chartered grou ,
Was Lest We Forget at that time just your radio name?
'When you bought this property ,in Butler in whose name'did you buy i ?
but a committee.
dealings of that ga;,ve}b'een destroyed.
I'd'say they'~e~e unaccountable for now for th~~apseof the,y~ars·.
,the years in ministry as Jack Munyon.
,When you sold it.of C·OUT5B.YOU sold it under the name of Michael
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Q .What did you sell it for?
A-I don't I,'ecall t~e exact fi~ure.
Q Where did the money ,go?
A To pay upa lot of debts.
Dr.Munyon
Q Whose debts?
A Debts that were left over from the children's home.It went back
66
Q In whose name was the accountl Lest We Forget?•
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.into ra?io ministry,whatever was left over.
That's right.
What was lEn went back into the radio ministry.
That is cprrect.
It was used for radio minis try,wasriIt it?
Correct.
It was nqt used for boys and girls.
At that time it couldn't be used;the boys and girls weren't there.
Had you received contributions for the use of boys and girls?
After the home?
N01 before and ·during the time the home was in operation.
To a certain extent.
How much?
I wouid not know.People came by,they put a five in your hand or
a ten in your handl you can't account for such a thing as that.
After you sold the home;,and you had a"surplus left.you did not use
this money for charity in the sense that you either gave it to
another home for boys and girls or distribut~dit to"charity;you ..
used it to carryon the rad~~ministry.l"
A Not only the radio minis~rYI as I suggested ,in,a.preliminary remark
..
Dr.MUf;lyon .
...
to feed the needy families,to take care of the children,distribute
clothing~f?od and toys,which we are maintaining ~he same pace
as of now.'
My impression 1S thatyou told me that all t~e'mon~yyou take in
goes for,theexpense s and the food and the clothing andthe toys .
.'.f_.;
comes from contributi9ns in kind,am I :wrong about that?
67
By the word kind---?"
The food as.'Such,c~othirfg as such,toys as ~uch~rather than money.
There are .somemonies,not to a great·extent.'People'are more
charitable with clothes and-foods than they are money.
'.
So that almost all of the money you take in '~~tu~lly goes .to pay
,
the expenses of running your program~doesn't it?
That is correct.
Do you draw a·salary?
I do not.
Who does?
No one.
No one draws a salary?
You are referring to the radio ministry?
Yes.
No one,except as we have added necessary help.That's periodical y.
What do you mean by that ~
For instance,at Christmas time we sent"'out a Christmas letter.
It takes office help.
Dr.Munyon
Q That solicits;money,doesn't it?
A It sqlicits money to a certain extent that we might take care of
the
add:i.tional families because i demands are far greater,far superio
at Christmas time.
How much moneY did you spend this last Christmas for additional
secretarial help to solicit funds?
I'd have to check that.
It's only been a month.Don't you have any ~dea?
I can't go back by the hour.Some work by the hour,some by the da .
You don't have any idea?
Not the least idea..
How much did you,spend'in cash for food;J clothing and toys for these
needy families this-last Christmas?
I suppose it would go :jnto eleven,twelve hundred dollars.
Do you ha ve checks for that?
No.
Why is that?
Becausewhere I go the average businessman does not want me to
pay him by check.Many of them giveyou things,items at wholesale
price.And nine times out of ten they don't want any reference to
it;they want it unknown,for the simple reason should it be known
that they have helped me,there ~ouJd ?e mahy pther demands upon
II;)0 ,•fro;
68
them.
-..~......
Q Now supposing you were to get this four or five thousand dollars
Dr.,Munyon
in this will?What would you do with it?
A Continue doing exactly what we are doing now.
Q Which is what?
A Distributing to the rie'edy families.
Q .In other words,you would handle the money to put out fouEt,·.clothing
.~ndtoys to needy families witho-qt receipts,without any records of
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..-money taken in or'how it's distributed,'is tnat tight?
A Such a thing as this w oul~changE;_the color and complexion of the
69
Q Why?
"...
".
A It would be necessary,I presume,to give absolute re~ord of any'
dollars spent out of such,a funq..I would have to set up a separate
fund un.der thes e conditions.
Q You don't have any intention of maintaining the boys and girls'home,
do you?
A Not at,the present time.
Q And you don't have any intention of giving this money to a boys I
'"and girls'home,.do you?
A _No.I would use it as I specified.
Q For needy families?
A For families.It's a large recovery;it's a greater opportunity.
Q Did Mrs.Prowitt ever tellyou she was interested in children?
A Yes~she did.
Q I mean Miss Prowitt.
,-------------..--------
Dr.Munyon
----------,--------------.
70
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Yes,she did.
She wanted to see to it that needy,children had a home.
Yes,she did.Or needy children taken car,e of.
What do you mean?
Just as I specified.She was interest.ed in children ~nd children's
home,or at times to help children.
You weren't asking for money to take cafe of needy families;you
were soliciting money to maintain a home,weren't you?
,.
No,I was soliciting money for radio ministry taking care of needy'•
families and plus the home.That's always been my ministry from,n e
very origin.
Dr.Munyon,in fact,you are the operating hea~of the Lest We
Forget ~vang~lical Association"aren't you?
Yes.I'm actually the head of it.
Now of course"you are certainly well aware of the fact that even
a non-profit charitable corporation must file an Income Tax Return
with the Federal Governme nt.areyou not?
Yes.
Haveyou done so?
Yes.
Would you produce copies of thos e?
It's an approximate estim~te out of the radio ministry.
Would you produce copies?
------------------------,-------------,---------
Dr.MunJlon
MR.RODGERS:Your Honor,I'm going to
71
object to this.I think it's beyond the scope.We will do it on this
condition:that you bring in all the records of the United Presbyterialn
Women's Association of North America.The only question,Your
Honor,,·here is did the decedent intend that the Lest We Forget
Association get this beques~.Now this has been a fishing exposition
and an all-out attempt to smear,without any proof.Now if you want
records brought in,we will ask you bring in all your recor.ds.We
wants.
I.ITHECOURT:The Court is not.inclined to
aceept a swap proposition with res peet to the income tax recor~s
that counsel has asked about.The objection of counsel is sus"ta!ined.Exceptio~noted.Are there any other questions of this witnes~?
MR.CEISLER:,I ha;e no further questiobs."IIMR.RODGERS:I have just one or two,'lour
.. .f
Honor.Mr.Keller"I guess you.would,.~e"next~if you had anything.
.,
Is that all right,Your Honor,?
MR.KELLER:
.'.
Again,Your Honor,I womld
address a question to the Court about the last ruling~
",\
Dr.Munyon ',I 72
(At the request of Mr.Keller,
rec.orded by the stenographer).
.
off:..the-record discussion was 'Jot '
\
EXAMINATION OF DR.MUNYON BY MR.KELLER:
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No,no.
From individuals'.
From business places.
And what evidence would we find?'
I am fPositive there would be varied 'evidences.
Mr.Ceisler b:ut I,did not understand thatyou gave an answer to it.
..
I would like to pursue,Dr.,Munyon,a qu~stion which was asked by
If an examination were m,ade of the records of the municipality of
,Mars,of Butler count:-and of the com~omyealthof pennSYlVaria
would one find any reference toyour boys I 'and girls I home operation~l Mars?<..<••<.••I
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No.Faea'S:e understand my question.If we,examine the Govern~ent 1
. 'l p'•l, , "."'I
records in writing of th'ese 'agen'-c'ies of.these.Governmental bodies,
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what ev~dence if,any would we find of the existence ofyour homel?
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that time,that period of time.
Q
I don't know.If you I r~trying to prove,if)~ay add,.~he e~ist.,nce
"~'".•",.;I
of the Lest We f6rgetHome,there's all the evidence in the w~lld
.I
in Butler County and Mars,Pennsylvania of the existing home a:t
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Do I understand'you to say then that at this time you cannot telll
i
-----------------,--,--------------------------
Dr.Munyon
us of any place we would fiind'a reference to this home in the
Governmental records of Pennsylvania?,,
.'A 'Going bacK over a period of these years,I doubt very much whether'
I could produce any concrete evidence myself.
Q And so far as you know~if Iexamined'the records of these Govern-
mental agencies~I would-not be able to find any reference to your'
hom.e~
73
A That I do not know~'I would not'know what you would uncover or ,
dis cover•.I do not know.
Q And you cannot point out to me any Governmental agency that has a
record of the operation of your home?
Q All right.
MR.RODGERS:Your Honor.I believe that's
all.I think Your Honor has referred to the"case which Your Honor
decided in the estate of John Eagleson~',42 Washington County
Reports~199~1963~and of course~Your Honor is undoubtedly
familiar with Lockwood Estate.34,4.Pa.~293.If Your Honor
desires~I can prepare a memorandum.That's all I have.Dr.
Munyon.
MR.McCREIGHT:May it please the Court.in
answer to one of Mr.Rodgers'.questions'and one of the Court1s
i ,'"j~~~.,'~f;• •,
questions.I may have inadve~tentlymisled the Court.and I would
,"
Dr.Munyon
like to clarify the 'record.Miss Prowitt,according to the informati n
that I was able to gather together.was the youngest child of five
-,"
children of Mr.and Mrs.James Linn,Prowitt ,of Washington.
We believe that.the other children consisted of a son named Oratton
and three daughters named Elizabeth.Pauline and Aldine.of course
and another son named Alfred'.The only one----we believe tpat
,,
all of her brothers and sis,ters predeceased her---and the only,.
he'ir that we were able to"locate wa~a Sergeant Michael Prowitt.
a'member of the United States Marine Corps.probably on duty-in
Vietnam.
THE COURJI'::'Related how?
MR.McCREIGHT:By being the son of Miss
Prowitt's oldest brother...
74
THE COURT:He would then be a nephew.
MR.McCREIGHT:An~phew.The cousins to
whom I referred in my 'testimony are not heirs because there's at
least one nephew living.An,d H~ere may be additional nephews and
nieces but we'are unable to locate them,-and Sergeant Michael Prow'tt..
.,.'i!.'
does not know them.
THE COURT:
MR.RODGERS:
Thank you·very m!1ch.
Your Honor,I may have ,done
"'10 l
this but if I haven't.I would like to move into evictence'the Exhibit
"At!which we offered earlier.
Dr.Munyon
THE COURT:The same will be received
I
75
in evidence and made part of this record.
MR.CEISLER:Your Honor",may I do two
things?Firstl may I object to the introducti~m on the grou'nds that
it is irrelevant?
THE COURT:
MR.CEISLER:
Of what?Introduction of what
Introduction of the exhibit.
H·'s irrelevant.I think itls irrelevant.And second"well"I will
wait until the Court rules on that.I assume the Court is going to
overrule the objection.
THE COURT:;Yes.The objection is over;-
ruled and the exhibit'is received in evidence.
MR.CEISLER:,May I ask that in 'light ?f
what I said before the hearing star.ted.that,the hearing be held
open to give us a reasonable period of time to check the records of
the various financial ins titutions referred to by Dr.Munyon and
have leave to bring in rebuttal testimony if the same is indicated?
THE COURT:We will give consideration
to that request.Are there any other'remarks from counsel?
MR.RODGERS:
'THE COURT:
No"Your Honor~,
The 'hear~ng is adjourned.
(Proceedings Closed).
,.
76
•
Transcript.completed January 24,'1969
P.J.
.r hereby 'certify that tl).e proceedings and evidence are contained
".
The foregoing record .~{.th~proceedings upon the hearing of the
t ~.~l I r.-t':~'"r .;i.. .
,.'
above cause is hereby approved and directed to be f~l~d.
.---B n l .\Y'th~\i.ourt,\,'6/
,_,i)
~z~>.I .~fully and accurately in the notes taken by me on the hearing of the above
~..".
III
II.cause,and that this c~py is.a correct transcript of the same.;i
0I-0Z
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uill:IIIl-ll:0II.IIIII:
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~,.Form No:J!COL62 (2-641 THIS FORM REQUlRED~NIL ESTATES WITH GROSS ASSETS UNDER~10'O:0~·~.··""-~SE:~~ON 701 OF ACT OF~UNE16,1961,/
EFFECTIVE JANUARY 1,1962.•-•v..~*'OFFICE OF THE REGISTER OF WILLS ~
County of Washington .
...,.r:e:~~~~.r~.~q~~~~!=l.~~,of ~?~..~~~~f~.I}g ..~~,,~?-.s.q~p:g~p.11,..Rq..·..
(Name)(Address).
being duly ~.~<?:r'.~according to law,deposes and says that he is the Aq~~n~~.~~~~~~~.9.·.1J;~f..
.(Exec.,Adm.,Legatee,Etc.)
of the estateof .A:t.<;l~.I}~..~:rPJ{:it.~.9-/~/~Late of Qq.:t1.t.Q:t1..'rOw.n~n.:i.p .Aldine M.Prowitt (City,Borough or Township)
deceased,and that the whole of the estate of said decedent,who died ..J3.ep:t.eml:>.e:r..0.,..• a
consisted of:
REAL PROPERTY
REAL PROPERTY IN PENNSYLVANIA.WITH STATEMENT OF MORTGAGE ENCUMBRANGES UPON EACH PARCEL AT DEATH 0 ECEDENT,
WHERE PROPERTY HELD AS JOINT TENANT OR TENANCY BY ENTIRETIES,GIVE NAMES,ADDRESSES Aim RELATIONSHIP OF OTHER OWNERS.
Real Estate Estimated
Value
ALL that certain tract of land situate in C
Washington County,Pennsylvania,in what is
Book 1
Avenue and ex
Improved with
2.Funds on de osit in trust with McCrei
"res of common stock of Lone Star Gas Co.@2 -1 2
~11.4~
1 .48 I-
4 6.6~~
735.25 ~
408.00
National Ban
office of Pittsbur h
4.Household oods and furnishin s
Personal Property
1.Checkin account in
4.48
4 .08 _.£/
22 .50~~
44.2 ~
2 .00:#1·9.69~
4 .13 ~'rO
20.00~
$4,225.43
of $50.00
68
Columbia Gas of Pa.-credit due
·t n Life I s.Co.
Commonwealth of Pa.-retirements a ments for Au .
12.Ambulance and Chair Service -refund
11.Bell Telephone Co.-refund
Jointly Held Property e ..'£stimated
".~VafU~
.
None
-
Transfers within TWO YEARS Prior to Death
.:.-
None -.'
,
That at the time of death there was no safe deposit box registered ih 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 AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
Nnnp.
BENEFICIARIES
,
>.RELATIONSHIP AGE OF LIFE
BENEFICIARIES AND ADDRESSES (If step-children or SURVIVED TENANTS OR INTEREST OFDECEDENT(State full names of all and their addresses who have illegitimate children STATE YES ANNUITANTS BENEFICIARY'
an interest,vested,contingent or otherwise,in estate.)are involved,set OR NO AT DEATH OF IN ESTATE
forth this fact.)DECEDENT
"Boys and Girls Home at Mars,
:·Pennsylvarria,now operated by
Dr.ilack Munyous as 'Lest We
>Fo~get t."None Unknown =All
.NOTE·The above beneficarv is a 6 vet unlocat€d and rna not exist.If not.it
·'is -believed that an aooli "ation for Cy ores awa rod may be n ade by the
I Childrens Home at Mars,P :mnsylvania,cperated Py The Unit ed Presbyterian
I :.........L".,....._...'j;).tii::>'..LVU,a.\,;u :U.'..Ll.la.U..L<;;__••_J •
i
If:,
,
RESID!'!NT'~ECEDENT ~TS AND DEDUCTIONS CLAiMED',e
00
294 001
Ii
69 001
I
10 00 1
49 14II
9 991
24 491
76 32
100 00
2 25
AMOUNT
Tax
to decedent prio to
commission *
School Tax
of decedent
(*)See Note below
costs advanced 'for decedent
prior to death
Fiduciary
Funeral expenses paid
Family exemption (will not be allowed unless
decedent died residing with a spouse or children.)
Administration Expenses *
Counsel fees *
medical
water
Mosier,Collector
Marino,Co.
Richardson &Corwin
DEBT OR CLAIM
OTHER DEBTS AND CLAIM
cCreight,
cCreight
cCreight,Marriner &
cCreight
est Penn Power Co.
r.Gilbert McMaster
itizens Water Co.
shington Co.Home for
ged Woman
NOTE:List fir!3t five items in the spaces so provided,observe notations thereon,and instructions.
Total 3 298 28
.W.as.hi.ngt.Qn J ..r.a 15.30.1 .
(City or Town and State)
~~~...
424 E.~d~~£i~trg~~~xtC.T.A...............~g e .
(Street Number)
Subscribed and sworn to before me this ,.~~.tP..
Note:The estate agrees to advise the Register of Wills if the amount actually paid in settlement of any fee,commission or debt is greater
or less than the estimated amount claimed and allowed.'
.<:"/7 day of If.';J.U"A~.•..........,19 118
···~~~·~YPUB~;·~·················
WASHINGTON",WASH '";rON COUNTY U
MY COMMISSION EXPln J!!N~25,mo
Having been duly'swo,rn'a:ccording to law,I~Oe'y c otify that the above app,ra,isement is !!lade in conformity With,law on this.,,,-'~,C:/...................;.....~~....Qayof ........·7-....~..i·..4·/·,19.....Q __f~
..~~.~~«~"L'~'-<"--.-,<,~,A.~~"/'A'p'praiser
In the event that any future interest in this estate is transferred in possession or enjoymen to c lateral heirs of the decedent after the
expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the rig t to appraise'and assess transfer'inheri-
tance taxes at the lawful collateral rate on any such future interest.
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 debts ana 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 said schedule above,which greater or lesser amount represents the sum allowed as a deduction.
Dated:...
Register of Wills
Ij
~.i-'"",.,,~-'-
Form No.RCC-62 (2-64)
i Will.!''A1dmt«iXttx1ll~l~o..Year .(58../
-"
IN THE
MATTER bFTHE-APPRAISEMENT
OF THE
-ESTATE OF
-Ald1.ne..P.ro.wit.t .a/.k/a .A~di_n.e....,Deceased
M.Prowitt
Late of ,..Cant-on·'T~on3h±p'.
-County of .:-....Wasb1.ngt.oo.....;.....
.Commonwealth of Pennsylvania
t-,
{"t •
~n.
r---
I
m
CJw..
--0~
L..
~'"
~~
::-E::or=::,:;.0
(/)
REPO~AND:...APPRAISAL~7:l ~~r:;we:~I •
-(I)U')(/)
·--!cn!"""r,-·.ri
/
/
/
/-
wa
~..'.
':t
./.'
I McCreight,Marriner &McCreight
520 Washington 'Trust Building
Washington,Pa.15301
ESTATE OF Aldine Prowitt a/k/a LATE OF Canton Township
Aldine M.Prowitt
DATE OF FILING APPRAISEMENT May 28 t 1968 OATS OF DEATH Sept.10,1967
Form RC C ·10.-..
,;"c...,..~
OFFICE OF THE S"FATE~ENT OF DEBTS
REGISTER OF WILLS
OF Washington COUNTY /AND DEDUCTIONS
lN~AGENT OF THE COhlMONWEALTH I L;,
~.-/-:/--;/&//YYfc/-c/o~'-~~~~Q /0~
~,
y".-/
DEDUCTIONS ALLOWE!?}~.I ~"
THE SUM OF "s,~,
):07(-r:7
DATE APPROVED 'hd.'i"h~rf7u -,
/.UA xI/J nl..o
'/iC.:r
~t:'\l"mb;a Gas of Pa.[gas service 46 81
IColumbiaGasofPa.Igas service 3 82
75
00
00
00
6
4
8
5 04
1 00
9 87
27 17
22 15
42 00
60 00
23 00
12 50
12 50
AMOUNT
Bond
REMARKS
Riling Inventory
Filing Petition re
Sellers'net share
1968 Canton Township Taxes (i5 5)
winterizing house
gas service
gas service
stock brokerage expense
~state notice
fire insurance premium
p~t~te notice
bond premium
-electric bill'5 03
Accounts Texas waiver
NAME OF PAYEE
Notarv fees
Russell Marino,Reg.
Russell Marino,Reg.
Mildred Mosier,Collector
West Penn Power Co.
West Penn Power Co.lelectric service i 3 57
Malcolm L.Morgan,Treasure}"'-p-e-r-s-o-n-a-l-p-r-o-p-e-r-t-y-T-a-x-----tl----+-6-8-1
Ralph H.Williamson !rubbish hauling 25 00
West Penn Power Co.--~al~~c~-~_-~-~_-..-b-i-l-l-_-----+----2-+-2-2-j
Bennet Realty :comm~ssion on sale -of·realty;..·250 00
p"
•••._...R'-b .~loom !Qredit~on'-sa-le of realty'-
II nrun K I [H'HI iUsen er~&1 u......"'~~--""--'l'Mn -7?
McVehil Plumbing
Columbia Gas of Pa.
Columbia Gas of Pa.
'Pllhli<:!hinO'r.",
Controller of Public
S.W.Miller Agency
Washin~ton County Reports
John P.Wege
Kav Richards &Co.
Josephine M.Douglas,Reg.probate costs
IRXPENSES OF ADMINISTRATION:
DATE NO.OF
VOUCH';"
1967
Nov.17
NtHr ?O
l\l~••'"I"
n~,.,.1''••
Dec.1
n~,.,
T\__
"'"1
Dec.15
1968Jan.25
Jan.21:)
-Mal!..?h
Mar.26
Mar.26
Mar.~O
M::I'T l~
Mav 3
M::nT ,~
M~v 20
Mav 22
M~v ~l
1111........"-v ....
Mav 28
Mav 28
T••__I
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Washington S8:
I,Regina P.McCullough
BARBARA CRAIG,NOTARY PUBliC ~
WASHINGTON,VIASfllNGTON COUNTY
MY COMMISSION EXPIRES JUNE 25,1970
..)..,
..
STATEMENTS OF DEBTS AND DEDUCTIONS,Continued Page 2
Estate of Aldine Prowitt,a/k/a Aldine M.Prowitt,late of Canton
Township.
June
June
June
R~gina P.McCullough
McCreight,Marriner &
McCreight
Russell Marino,Register
Administratrix'compensation $393.00
attorneys'fees 393.00
filing Account 18.00
1967
Dec.1
FUNERAL AND BURIAL:
Stewart F.Barnhill funeral
DEBTS OF DECEDENT:
1,059.95
McCreight,Marriner &costs advanced for
McCreight decedent prior to death 2.25
TOTAL (fj,298 .2)
QiAAl.M~~alvWl ~,It -L -r,,?).0(9_0{)
~'1--~~{,£vi . /~r ~~!AJ~oJJA~C?)Q,7~W-'::'.-~r"}'"l0v-f~'7,0 //\
Washington County Home care of decedent
for Aged Woman
Drs.Richardson &Corwin medical services
Dr.Gilbert B.McMaster medical services
Citizens Water Co.water bill
1967
Dec;1
Dec.1
Dec.1
Dec.1
Dec.1
Dec.1
Dec.15
1968
June
June
West Penn Power Co.
Russell Marino,Co.Treas,
Mildred Mosier,Collector
McCreight,Marriner &
rJIcCreight
electric bill
1967 County Tax
·1967 School Tax
services to decedent
prior to death
294.00
69.00
10.00
4.49
9.99
24.49
76 ..32
100.00
~,"!~,"-",.-.,
l't'Jrl!3~:.,.,.:"•)'\t'
...."!\",l :t J ~{~\uti!~"i f'f!_~''f}i ~~_1,u 1-)j t~:;('.:·1
II (1 J ~r:::;ri,~·t-:.,:.
i r.~f\t"1-1"(.CO'.1 l'.)':'1,I £~~'r~:"1 ~/
:l r~':;1 ,,;.~~l~,;:)~:~It.
J'':;t(':;'10,:j~>~;l f~!~.r f'~.'~~
fLf.no\i ~J~~:'f\'~(;'j
~~J l':.',
r ,I)I~:!
n (,f ~f·,)~\"..",1;..'r
lll\,II
,~f'",'
i ,~...ti ....;(,1
f~:"d')[
,:~~-1:'~);-;
'.j 1-.~~<i·t~'~~i!.
.'W;.C~''1:','l't
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RCC-81 (2-64)
'COtlllNWEALTH OF PENNSYLVANIA v e
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
/
IN YOUR REPLY PLEA8E
REP'II:R TO 37-68-5
NOTICE OF FILING OF APPRAISEMENT
REGINA P•McCULLOUGH
(Executor ~).
ADDINE M.ProwittInRe:Estate of---_........==:...=.::.:-~==~------
___--'-"W...,Ab""'H....I==.N..,.,G'-=-T=ON:.:.-County -File No.9480-202
De ar Mrs.McCullough:
You are hereby notified that the origjnal
appraisement in the estate of AJdine M.Prowitt
has been filed in the office of the Register of Wills qf Washin~on
County on July 26 ,19-Jt8.Said appraisement reflects the
following valuations:
Re al Estate ---'-----"'7"""-=:-;:-~---Personal Property 4~,~2_2~5_._4_3 __
Transfers -:---=~_:_::'.....,..--
Total -...:..::z:.4,z.:.2;::;2::..;5:..,::•.:;,;4"'3---
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.
Any party in interest who is aggrieved by an appraisement may
appeal therefrom as provided by law.
Date ....lJi!..lul==J.y~2~6,l---Il....9~6~8 _
DATE OF DEATH:September 10,1967
Note:This is not a bill.
·....,...:.....•
RCC-39 (6-64)
,'O\IMO~:WEALTH OF PFNN~YLVANI:\
T'~AX8FEl1 namRITANCE T1Y
RFS !DENT Il8CEI1ENT
PROWITT,ALDUJE M•
•FILE if 9480-202 .-~.~.•
September 10,1967
SUMMARY
I.the undersigned
#63 Washington
FI1E #9480-202
the real and personal
opposite each item in
Da tert:07-2$-68
09-10-67
TtEPOnT OF INHEH.ITANCR TAX APPRAISER
rtuly appointed Inheritance Tax ~ppraiser in and for the County of
,Pennsylvania,do respectfully report that I have appraised
property as reported in the foregoing return at the values set forth
the last column to the right in Schedules "A","B","C"and "E".
A/c.C ~P.~f4:'
INHERITJ>l..GE TAX ApPRAIS R
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",which greater or lesser amount represents
the sum allowed as a deduction.
Dated:
REGISTER OF WILLS
=====._--
4,225.43
=====:..,--
VALUE AS REPORTED VALUE AS APPRAISED VALUE AS RE"~PRAISED 1
$$$.4 &cJO.0·0-~'""'-="'"-:-..--.--.---4 '-4,225.43 4,225.43 ch r2:1.i:</.L
~J2J)</~;V
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)
CLE~q VALUE OF ESTATE
Valuation of life estates or
annuities . . . • . •••$-----
ESTATE TAX ASSESSMENTS ~------
COMPUTATION OF TAX
TOTAL TAX BALANCE
PAID
FOR USE OF REGISTER ONLY
Tax on $15~10 <to~~)
Tax on $10%¢o.~.
Tax on ~04 $
Tax on $:~$
Exemptions :~
(,:,)
Total Estate
TOTAL TAX
Less tax previously paid
BALANCE
Less 15%of tax if paid within
3 months after death
BALANCE OF INHERITANCE TAX DUE
Add interest at rate of R%from
to
AMOUNT OF ESTATE TAX ASSESSED
Estate tax paid
BALANCE DUE
Add interest at rate of 6%from
to
$---~
'1:=====.-$------
$======/=
*------<t>.:'~-----
(,:,)As evidenced by Charitable Exemption
Certificates issued by the Secretary
of Revenue.
1t _
$----~--
$------~-
*--------$--------$
FOR USE OF REGISTER ONLY 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.
IS THE
Year .
:\IATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
ALDINE M.PRO\iITT
Deceased -
Late of .
County of
GliN'I'O N.'I'WP..L ...
..WASHINGTON···
Commonwealth of Pennsylvania
REPORT AND APPRAISAL -
...
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.17 127
Foil"RCQ-~"•,..
&MONWEALTH OF PENNSYLV'AN
RESIDENT INHERITANCE TAX
APPRAISEMENT
DATE ~1.~Y ?9"J.:.~~.~..
COUNTY W.~.l?h.~pg~9.P .
FILE NO ?~.~~.~?~.
Whereas,ll.di,U§M."P.r.gwj.,t.t late of Q~~.9.P:';r.~.~.
in the County of .w.?:~p.J.:ggt.9n Commonwealth of Pennsylvania,having died on
the J..:2 ~.h.:day of ~.fJ.p.~.~~~.~19 ??seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
)Si .'l\rJ;'VTherefore,I,~~WR.C.HA.~~,\.;f,j,,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.
Description of Allet
REALTY:
NONE
PERSONALTY :
As per appraisement filed
TRANSFERS:
NONE
Unit
Values
$
Appraisement
Made for InherilancfTaxPurposes
NONE
4,225 43
NONE
JT.HELD:---------------:------------:---------------:-t----it----:-----::::--t---,,,"6.t~
NONE
.
~.
..~1 '~
..;;:v'
~~c.
.."
~-
I,;'.,..'
C;
"•./;;:0.
....;..:;J"
,.-'~"i;.-:
I..;....~_.,
..+...:c',
,:-,:;::::"1
,::.$;,
~,,;;...:<
,f""''i'""''I\'i
\"~;;l.."':.....,,~
·t~\..."....1-";
~_..-::
.'".."
':7 ~:)
..,;,
Total
~),"l
I NONE
4,225 43
.......................WASHING.TON ,............County
RESIDENT INHERITANCE TAX APPRAISEMENT .,
Estate of
f·...I f.~;-j.
.:;-
'7f r.f[~f........
f"n
.'I
f)Mp i1~r 1 27
...•
,.
,-j
ALDINE M.PROWITT..................•....·.···········.•r.······•.................•..........................••....•.••.•••••.•_._.
Deceased.
Late oj
CANTON TWl'.
Date of,Death,S.~.Pt..~~.~.r.l..'O,l96.7 .
Appraisemcl!t Docket Vol.,.:?7..
Page,6.~.5 No 94!3.~?Q?.
Filed in Register's Office,eJ.~y ?~.1.J9~.~.
Amount of tax due,$.
DEPARTMENT OF REVENUE
Received,
Examined and Approved,.
Wrote abaut Appra.isement,
Appeal j1'om Appraisement,.
Entered and charged,.
II •I
r
f~'I·;'··'1 ""/l''''"F~V<).,.'.'..'".',Ify (j
&'Ef;1('/..'""_'(ilt L"n£;:~...,CI,VI 1./...v
W4,g,fti fi :~;ri)NCO.•P/:.,.
r'
(
)
-
-
•
~...~'
t!'--_.~.l
RALPH W.PEACOCK
CHARLES C.KELLER
DAVIS G.YOHE
REED 8.DAY
KENT C.PUTNAM
ROGER ..J.ECKER
··Judge P.V.
Court House
Washington,
LAw OFFICES
.PEACOCK,KELLER,YOHE 8.DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON,PA.15301
AREA CODE 412
222-4520
January 30,1970
Marino
Pa.15301
In Re:Estate of Aldine Prowitt,
deceased
Dear Judge Marino:
I was somewhat concerned over your inquiry at the
argument in the above matter concerning position of the Attorney
General.
I wrote to Deputy Attorney General Charles A.Woods,
Jr.,and asked him whether there were some limitation that I was
unaware of.I have heard from him and I enclose a copy of the letter
which he forwarded which contains a possible explanation of the $10,000.00
figure you had in mind.
In any event,my instructions continue to be clear that I am
to participate in this case for the Attorney General who'considers himself
required oj law to "exe:eCisea-position"as-'parens patriae.Isholila be
glad to discuss this further if you wish.
Very truly yours,
PEACOCK,KELLER,YOHE &DAY
By (J~(J,::t!.d&u~o.g
Charles C.Keller --1-a.
CCK:jjb
Enclosure
Cj
I,~!~.!?.~.~~.~~.~~~.~.~~.~.~Register for the Probate
of Wills and grallting Letters of Administration,in and for the County of
J.Vashillgton and Commom.l'ealth of Pellnsylvania:
Regina P.MoCulloughTo .
Admillistrator~l~·ll alld singular,the goods a1zd chattels,rights and credits
r':lIIail,illg unadministered,which were of ~1.~J~~...~.;:~.~.~~.~...~~~....._
~~.~.~.~.~..~.~~~.~~~.~~late of the said COlmty.
deceased,with a copy of deceased's 'Will annexed,GREETING:
.lVh~reas,the said.....:~~1.~.!~.~...~.;:~.~.~~.~...~~~...~!.~~.~.~...~.~...!.:.~~~.~_t
,her l'f 't'her I W'll IT', .Ill•••••••••..•••••••I etl/Tle,mac e ast I am estament HI wntmg,
•1~.d I .~"J 1 ,"20th d f November A D I 967 I v'~.,1 '1 t she,<l'IllCII ~l'as lI.y P'O<-t.U all tilt.....•..............ay a .•••...•...•...................•.••.•.,za II/g,'lill S .••••••.••.•••
,liz'cd,alld at the time of.'!!:!!!:r:~iecease,divers goods alld chattels,rights and credits,wit/lin the said County,by
means '<(,/lcreof tI,e fllll disposition alld po'wcr of grJntillg letters of administration thereof,is manifestly
.kl107i.'1l to belollg to me;Therefore desiring that the goods (!.11d chattels,rights and credits which were of
tlze said deceased,alld 'Which remaill unadministered,may be 'well and truly administered,converted and
disposed of according to the telwr and effect of the s:r,id deceased's will and according to law,I do hereby
grallt U;ltO you the said ~.~.g!B~?!~£~.~!.!.C?.~g!2 .
........__----____-----_-..--_--_":_---_- -_-_----_.__._----_-.
........................~__..(ill whose fidelity in this behalf I very much confide,)full
,pO'i.i:er by the tmor of these presents,to adl1tillister the goods,chattels,rights and credits re11lainillg
wzadmillistered,.....hich were of the said deceased,'withill the said C01tllty,as also to ask,collect levy,re-
e07/cr .and receive the credits whatsoever of the said deceased,..c·hiclt at the time of....'f),~.~death were owillg,
or did ill allY way belollg to...he.r..alld to pay the debts in 'Which the said deceased stood obliged,so far
forth as the said goods and chattels,rigltts and credits will extend,according to their rate and order of lmi.';
especially of well and truly adl1tinistering tIle goods and chattels,rights and credits remaining ulladminister-
ed,which were of the said deceased,according to the tenor and effect of said deceased's will,and according
to law;alld making a true and perfect inventory and conscionable appraiselllC1Zt thereof,and exhibiting
the same illto tlte Register's Office,at Washington,all or before the day of..
next,ensuing,and also a true and just account,calculatioll,and rec/wllillg of your admillistration,upon
your solemn 9..?~lL to render at the expiration of six months,or when legally thereunto re-
quired;alld I do by t/zese presents ordain,constitute and depute you,the said .
..R~g,;t.n.~~.~!1~.?~~.+.~p.g~.
administrat or CTA of all and singular the goods alld chattels,rights alld credits,which
remain wzad111.illistered alld which were of the said deceased,'{,/itlt a copy of said deceased's IY£ll annexed,
withill the limits aforesaid,.saving harmless and forever indel1mifyillg me alld all otlter officers agaillst
aU persulls by reason of :>'our ad11lillistratioll aforesaid,alld savillg all others their rights,&c..I
3Jtt U;rfitimotty ID1]rrrof,I have 1lerel/llto set my halld and affixed the seal of said offico at
Washingtoll,tlze G.Q.P.g......••...day of ~~.Y..~~.~!~~;n tlze year of our Lord
olle thousand nine Il1wdred alld..~!.~.~y.~.~.Y.~.~.
r .')~7
..,~~~!l.:L~:.>:l~:r:)
.,RI.'gx:tcr,
,•
.j..--o o 1
"...~..._....~._-----------_._._......,._.---~._----_...~-_._......_......
'.~_--.-_"
3.After the payment of all.my debts,etc.,I give,devise and bequeath
the rest,residue and remainder of my estate,to.the Boys and Girls Home .I·
Il
~..'.
;,
i
I.
I
!ff
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It
fi
II
r·Ifti'
tI·t·•f
tr
·\,
t.
.,.\.,\."..'
Vi ILL
had personally executed and delivered said deed or deeds in my life
1.I direct my Executor herein~fter named to pay all my just debts
,I hereby nomi~ate,constitute and appoint J o R.Irwin Knox,Esq.,
2.I hereby authorize,empower and direct my Executor hereinafter
..
funeral expenses as soon·a fter my decease as convenient.
at any time heretofore made.
,.,
I
!1..
Ii I,ALDINE PROWIT1'also lcnovm as ALDlNE M.PROWlTT,of the City ofi'~...i~Washineton,Washington County,Pennsylvania,do make and publish this roy.,
"1;last Will and Testament heroqy revoking and annulling any .and all ~111s by)\",.
rj
ii narned to s ell and convey either at public or Frivate sale any and all reali!II
i:estate of w~ich I may die seized and authorize him to execute and deliver a'.
;1 deed or.deeds to the purcha'ser thereof with the Bame force and effect as.1Iiti
!i though r'.iiil time•I:I:iir:,.,1
'f.::allI:;1
ji at Mars,Pennsylvania,now operated by Dr.Jack Munyous as "Lest We Forget".!!I,.,ilI.
il.I.
11 Executor of this my last Will and Testament.I
Ii Witness my hsnd snd seal this 28th d"O'of March,1950.I
Ii ~..~.(SEALi.
II also lcnown as O/d~v~.6~__(SEAL~
ii I
II Siened,sealed,published and declared,by the Testatrix,ALDINE POOl/IT.]
r also known as ALDINE M.PROVlITT,to be her last Will and Testament in the IH
il IIIipresenceofus,who at her request,in her presence and in the presence of~each other,have hereunto set our.names as subscribing witnesses.I
Ii d@4;.c ,r tf4 d;;:po I
:·1Ii,-"."....~4<~I
i:",I .t
1.,.....''~',. , '.':.'~":!~!,','.,'"t,'I,."•1 ',.,.'.'",~!
'f ,'.,"
•\", , •,.',I ';','\.•!.;,IIi..,~.:'.:'i\i "I
ii""~"~I I
il !,(,'.I;:II·""--'--..-~~---.-....-----..._,...v_·;·:···:~"·~"""-::·~~'"-,~·~~''''''':'"':~'·7:''''''····'··";;-·''''~·::",;~·:'~~-:r7'(-:'~/.;~~-7'--~--".-7'""'''-''.
I'
',',..,
I"~t •
",t\i .'
./.\,
:,.:~",,:.~~.\,:'../\.~'''':~··I'::'..'·':.\I~~_,
j'l\ffi~auit Q1lf.'1fxrrutitr'Q1lr l\~miuilitratnr
gg3 i l H8~tatr af Vl'nnUlJluunia.!'ss:C!1ounty Itf mUllQingtun
Personally before me,the undersigned authority,a.n.Qy..9:r.y.p..!:\Q.lt~L in and for said
County and State,appeared B.~K!.D..~p..~t'!g.g.!:\J..+..QM.,g.h who,being duly
sworn according to law,deposes and says that s he is themuco:l!n'tx>x ad~i~tr~tor of the estate of
Ald.lne.P..r..Q.W.;\..tt.g.l..~.I..9..Al~;ltD.~M.!deceased,that the foregoi~g ;ch~dules constitute a
complete inventory and appraisemel{o~~te \~al and personal estate of....,A,ldi,ne....P.r:olrli.t.t....a/..kl.a.,Aldine M
deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item Prowit t
of real and personal estate in the foregoing schedules are determined and stated by the undersigned to
be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each
item made by the above named ~m-Administrator.C.T.A.
Sworn anj subscribed befor~m;this..~~~l P 'I'('',iJ
'"::;'.~f;~4.t:~:;::;···l!jl..k:...:.l\!.r~······_:·;l'~~~ec:T •A•MY~:~:~:::~~~;i~:;[~~7~V;··········_··:·~~~~~;~;;~~·-INSTRUCTIONS
1.An inventory must be filed within three months after appointment of personal representative..
2.Asupplemental inventory must be filed within thirty days of discovery of additional assets.
S.1 Onginal and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-S3,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE'FOR ADDITIONAL COPY
Act of 1947 P L 513 Sec 5.2,72 P.S 48442
lJnuentnry an~Appraisrment of the goods and chattels,rights and credits which
were of A19Jn~P.r..Q~J.t.t..~lkL.~.:~.:~:~J~teP~?~:.~.:.C.i.t.Y.O.f W.~.s.b.ing.t.Q~"
Washington County,Pa.,taken and made in conformity with the abuve affidavit.
.,I
I
\.
• I
DOLLARS CENTS
PERSONAL PROPERTY
1.Checking account in Washington (Pa.)Office of
Pittsburgh'National Bank 191 94
2•.'Funds on deposit in trust with McCreight,Marriner &
McCreight
3.Savings account in First Federal Savings &Loan
Association of Washington,Pa.:
4.Household goods and furnishings ;
5.16 shares of common stock of Lone Star Gas Co.@ 25-1/2
5a.Dividend on above,dated Sept.11,1968
6.u.S.Savings Bond Series E issued July 1963 in face
amount to $50.00
315 48
1,496 36
735 25
408 00
4 48
43 08
7.Commonwealth of Pennsylvania -retirement payments for
August and September 1967 227 50
8.Metropolitan Life Insurance Co.-Life Insurance
Policy 5840187M I
9.1954 Ford Sedan automobile
10.Columbia Gas of Pa.-credit due
TOTAL
REAL ESTATE
744 52
25 00
9 69
$4201 30
1.All that certain lot of ground situate in Canton Town-
ship,Washington County,Pennsylvania,in what is known
as Wolfdale,and being Lot No.35 and 2 feet off the
west side of Lot No.36 in the'plan of lots laid out by
Wolf heirs,recorded in the Recorder's Office of Wash-
ingtori County,Pennsylvania,in Plan Book 1 at page 89.
Said lot of ground fronting 42 feet on Belmont Avenue
and extending back of even width 140 feet to Rose AIey.
Improved with frame;2 story house known as 2241
Belmont Ave.Source of Title:Deed Book 847,page 216.$3600 00
ITOTALPERSONAL~Y AND REAL ESTATE j $7801 30
t
S111'i\:10 HJl~;m3HONI~\11~TI3SS0(3
03 -11 I-<""1.I"'.II-'''~:''
...-~...----..---~
------------------r--_"'llllIIIl
.,
•...
NO.~~~OF 1968
The FIRST AND FINAL ACCOUNT of REGINA P.McCULLOUGH,Administratri
C.T.A.of the Estate of ALDINE PROWITT,also known as ALDINE M.
PROWITT,deceased,late of Canton Township,Washington County,Pa.
The above balance is in cash on deposit in the name of the estate
in a checking account in the Washington (Pa.)Office of Pittsburgh
National Bank.
.'...
SCHEDULE A
1967 PRINCIPAL REALTY,Debits:
Sept.10 Real estate per Inventory and Appraisal
(Note:The real estate was sold at inventory
value to Carlo George Krenzelak under Section
541 of Fiduciaries Act on May 15,1968)
SCHEDULE B
1967 PRINCIPAL PERSONA~TY,Debits:'
Sept.10 Personalty per Inventory and Appraisal
Nov.24 Bell Telephone Co.-refund
$3,600.00
$4,201.30
4.13
1968
May 16 Ambulance service -refund
SCHEDULE C
20.00
$4,225.43
1967 PRINCIPAL PERSONALTY,Credits:
Sept.10 Loss on sale of 16 shares of stock of Lone
Star Gas Company (Inventory Item 5)as
follows:
Inventory value @ $25.50
Sale price @ $25.375
SCHEDULE D
$408.00
406.00 Loss 2.00
SCHEDULE E
1967
Dec.15
1968
Jan.25
Apr.16
May 22
1967
Nov.17
Nov.20
Nov.20
Dec.1
Dec.1
Dec.1
Dec.12
Dec.15
1968
Jan.25
INCOME PERSONALTY,Debits:
Dividend of Lone star Gas Co.
Citizens Water Co.-refund of overpayment
s.W.Miller Agency -refund of cancelled insurance
Mildred Mosier,Collector -refund of taxes
EXPENSES OF ADMINISTRATION:
Josephine M.Douglas,Register -probate costs
Washington County Reports -estate notice
Observer Publishing Company.-estate notice
John P.Wege -bond premium
Controller of Public Accounts -Texas waiver
s.W.Miller Agency ~fire.insurance premium
" I
Kay,Richards &Co.-stock brokerage expense
Columbia Gas of Pa.-gas service
Columbia Gas of Pennsylvania -gas se~vice
4.48
6.35
16.00 III
I
.73 i
$27.5b
I
I
$23.00
12.50
12.50
60.00
1.00 I
42.00
9.87
5.04
27.17
,,----------------------------------------------------.--------.
SCHEDULE E,Continued
I
West Penn Power Co.-electric bill
West Penn Power Co.-final electric bill
McVehil Plumbing -winterizing house
Columbia Gas of Pa.-gas service
$22.15
46.81
3.57
.68
152.55
15.55
5.03
3.82
25.00
2.22
250.00
electric service
Bennet Realty -commission on sale of realty
Ralph H.Williamson -rubbish hauling
Columbia Gas of Pa.-gas service
Malcolm L.Morgan,Treasurer -Personal Property Tax
West Penn Power Co.
Martin R.Hallam -costs of public sale of household
goods
Mildred Mosier,Collector -1968 Canton Township taxes
Bloom,Bloom,Rosenberg &Bloom -credits on sale of
realty as follows:
Jan.25
Mar.26
Mar.26
Mar.26
Mar.30
May 13
May 13
May 13
May 20
May 22
May 31
May 31
May 28 Russell Marino,Register -filing Inventory
May 28 Russell Marino,Register -filing Petition re Bond
in sale of realty
June Notary fees
June Regina P.McCullough -administratrix'compensation
June McCreight,Marriner &McCreight -attorneys'fees
June Russell Marino,Register -filing Account
Pennsylvania Realty Transfer Tax
Canton Township Realty Transfer Tax
Seller's net share 1968 taxes
$36.00
36.00
32.58 104.58
4.00
8.00
6.75
393.00
393.00
18.00
$1,647.79
SCHEDULE F
1967 FUNERAL AND BURIAL:
pee.1 Stewart F.Barnhill -funeral $1,059.95
SCHEDULE G
1967 DEBTS OF DECEDENT:
Dec.1 Washington County.'Home for Aged Woman -care of decedent $294.00
Dec.1 Drs.Richards~n &Corwirr~medic~l s~rvices 69.00
Dec.1 Dr.Gilbert B.McMaster -medical services 10.00
Dec.1
Dec.1
Citizens Water Co.-water biil
West Penn Power Co.-electric bill..
4.49
9.99
Dec.1
Dec.15
1968
June
June
•
..:t ,
t,•'
SCHEDULE G,Continued
...~,;
Russell Marino,County Treasurer -1967 County Tax
Mildred Mosier,Collector -1967 School Tax':
McCreight,Marriner &McCreight -services to decedent
prior to death
McCreight,Marriner &McCreight -costs advanced for
decedent prior to death
'.
$24.49
76.32
100.00
2.25
-,
$590.54
,.Obtlver -Reporte~
WASHINGTON,PENNSYLVANIA
PROOF OF PUBLICATION
•
In compliance with the Newspaper Advertising Act of 16 May,1929,
P.L.1784,as amended.
Commonwealth of Pennsylvania,County of Washington,SS:.
Personally appear,ed before mle,a Notary Public in and for said County
and State,Ri.cha..t'.9.S..A G.9.W.fUL ,who beiIllg duly s,worn
acoording to law,deposes and says that he is the ~.~.~..~.y..~....~...:;r.~~.~S •
of the Obslerver Publishing Company,a I'ieuIlJslylvania corporation,and its
agent in this behalf;that the said Comp,any is,the owner and publisher of
the Observer-Reporter,succ'essor to The Washington Observer,established
Septembe!I"18,1871,and The Washington Reporter,established August 15,
1808,a daily newspaper of general circulation,printed and published and
having its place of bus,ines's at Washington,Washington County,Pennsyl·
vania,where it or its predeces,sors have been established and published
continuous'1y for more than six months'prior to the publication of the notice
hereto attached;that the printed notice or advertisement hereto attached
is a ,copy of an official advertisement,official notice,legal notice or legal
adve,rtis,ement,exactly a,s printed or published in the Obslerver-Reporter in
its regular editions on the following date or dates;_ .
.....................N.o.y..e.mb.e.r 24.,Pec.emb.er 1 an.d 8..,.1..9.6.1 .
that neither the affiant nor the Observer Publishing Company is interesred
in the subject matter of said notice or advertising and that all of the aUega-
tions of this affidavit as to the time,pl~~and characte,r of publication
are true...--.--.----.----------..--.-.~-J..~...~....
ADMINISTRATRIX C.T.A NOTICE
ESTATE OF Aldine Prowitt a/k/aAldineM.Prowitt deceased late of
Canton Township,Washington Coun·
ty.Pa.,.1".;'~Letters ,0f'AdministratlOJ'!CoT.A.upon the above estate.chaYmg\been
granted to the undersigJIed.·allpersonshavingclaims.agaifiS .,the
estate are requested to make~k.wn
the same,to .the undersigne'1Sattorneyandallpersonsinto
the decedent are requestedltll'tmpaymenttotheundersignea'without·
delay.V"Regina P.MC,Cullough
Administratrix C.T.A.424 East Wheeling Street
Washington,Pa.15301
McCreight.Marriner &Mc~r~ight520WashingtonTrustBUIldmg
Washington,Pa.15301IAttorney.67175·Fri.·3t
Sworn to and
w.28782
subscribed before me this 8 day of..P.e.c.emb.e.r 19671'ff~~«'~;;!'~~c······
WASHINGTON,W~SHINGTON COUNTY
MY CO~::-'!SSION EXPIRES MAY 6,1968
i\Washington,Pennsylvania
(PUBI.ISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
.L-~._-----
Estate A:es
The Rar of Wills has granted letters,
testamentary or of administration,in the
following estates.Notice is hereby given
to all persons indebted thereto to make
payment without delay and to those hav-
ing claims or demands to present t:hem
for settlement to the Executors or Admin-
istrators or their Attorneys.
e ••••••••••••••••
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,P.L.
1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINCTON)
STATil OF PENNSYLVANIA (SSt
Personally appeared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and
says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the
official legal periodical for said Washington County,published weekly having its
place of business at Washington,Washington County,Pennsylvania,and is act-
ing as its agent in this behalf;that the said WASHINGTON COVNTY
REPORTS was established on March 31,1920,and was designated as the official
legal publication for Washington County,Pennsylvania,by order of the several
courts of said County,dated November 11,1920;that the printed notice or adver-
tisement attached hereto is a copy of a notice or advertisement,exactly as printed
or published,which appeared in the said legal periodical in its regular issues on the
following dates:
...............Nollembex 23.,.30.,...
...............December 7..,..l96.'7..
that the affiant or the corporation in behalf of which he is acting is not interested
in the subject matter of said notice or advertising and that all of the allegations of,M.,fEd,.i,~'"d_~~
~'~1~.~~~r..
Sworn to and scribed before me this ""~.(-.~~'~\
....?!:~.~ay of...!!.~~~!,196..?...~:~~.-;·,~~~t
......t..~e..N.·r~p~bli~::"~.
~..'?o'
bl''"-~'~'~KATHERINE C.YARD,N Y Pu Ie -:.;~;
Washington,Washingtlln Co.,Pa-
My Commission E};pires
November 1,1969
PROWITT,ALDINE,a/k/a ALDINEM.PROWITT,Dec'd.
Late of Canton Township,Washing-ton County,Penna.
Administratrix C.T.A.:Regina P.
McCullough,424 E.Wheeling St.,Washington,Pa.15301Attorneys:McCreight,Marriner &
McCreight,520 Washington TrustBldg.,Washington,Pa.15301
Observer .Reporter
WASHINGTON,PENNSYLVANIA
PROOF OF PUBLICATION
'T:;~~HE NEXT'OF "KIN ANDHEIRSATLA.W ,of ALDINE M.
PROWITT."de 'ncluding all
desce.r..dants 0 ames'LinnP~ow~tt'and,',lesser'Pro.WItt,and to,DR".r UNYOUS'
Pr:-EASE,TAK •,NOTICE thatR7gma.P,McCullough,Administra.
trIxC;:.T:A,of,the Estate of AldineProv,r,!tt,also,'known',asi Aidine M
P'!'OWltt,deceased.'has"filed he~'Flr~t.>;,and Filial,iAccou~t •in the
OffICt;.of the Register of'Wills oftWasNhl~gton''"County.Pehn~Ylvaniaoo.883'of 1968 Ad'"s't .'AccOu~b;and,\thattlf ' I :a~~fI
be presented'to the 0 C
of Wash!rigt0l!(£ounty;'va~~~t
for con~lrmatlOn'on"A l'1968'and be~,called.•torA'~c'.j',at ~time ,to'io'e~'fix Courtdurm~i'the,we".ourt
i 1968.whEm:)r 9,pear.'in Yap-
be hear and
McCreigh
520 \\!'ashi ding
Washmgto ,en!!i a 15301Attorr..eys for A'Ctil'l'in ratrix
C.T.A.I
68155·Moo,-3T
W.26752
In compliance with the Newspaper Advertising Act of 16 May,1929,
P.L.1784,a;s amended.
Commonwealth of Pennsylvania,County of Washington,SS:.
Pe!l'sonally ap,pear,ed before IDle,a Notary Public in and for said County
and State,J~.,i.G.h.~.rg ?..~G.QW.~JL ,who being duly s,worn
acoording to la;w,deposes and says tha;t he is the $..ec.r.e.t.a.r.y..
of the Obs:erver Publishing Company,a Piennsylvaniacorporation,and its
agent in thi's behalf;that the said Company is the owner and publisher of
the Observer"Reporter,succ'essor to The Washington Obs'erver,established
Sepotembe'r 18,1871,and The Washington Reporter,established August 15,
1808,a daily newsipaper of general circulation,printed and published and
having its place of bus,ines's.at Washington,Washington County,Pennsyl..
vania,where it or its predecessors have been established and published
continuous'ly for more than six months,prior to the publication of the notice
hereto attached;th3Jt the printed notice or advertisement hereto attached
is a ,copy of an official advertisement,official notice,legal notice or legal
advertisement,exactly a!s printed or published in the Obslerver..Reporte,r in
its regula;r editions on the following date or d'ates;.
.................................J.Y:ly.J,.~8..,§?J.5..,J 9..p..8 ;".
that neither true affiant nor the Observer Publishing Company is interesred I
in the subject matter of said notice or advertising and that all of the aHega-:'-'----~~~~.<hi,aff'davit ~toth.=.'P~2¢C:
Sworn to and subscribed before me this...J..~..day of..!~.!.Y.L...~.9..~8
··21/~~;~,;;~;~Y
WASHINGTON,WASHINGTON COUNTY
MY COMMISSIQN o<rIR~~Mf,X 6.197Z.
Washington County Reports"
OSc:tittM5McMAUl'Ixa'Jifitift;
Washington,Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,P.L.
1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHJNGTON}ss
STATIl OF PIlNNSYLVANlA •
Personally appeared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and
says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the
official legal periodical for said Washington County,publ.ished weekly having its
place of business at Washington,Washington County,Pennsylvania,and is act-
ing as its agent in ~his behalf;that the said WASHINGTON COUNTY
REPORTS was established on March 31,1920,and was designated as the official
legal publication for Washington County,Pennsylvania,by order of the several
courts of said County,dated November 11,1920;that the printed notice or adver-
tisement attached hereto is a copy of a notice or advertisement,exactly as printed
or published,which appeared in the said legal periodical in its regular issues on the
following dates:
NOTICE
TO:THE NEXT OF KIN AND HEIRS
AT LAW of ALDINE M.PROWITT.deceased,including all descendantsofthelateJamesLinnProwittand
Mary L.Glessner Prowitt.and toDR.JACK MUNYOUS:
PLEASE TAKE NOTICE that ReginaP.McCUllough.Administratrix C.T.A.
of the,Estate of Aldine Prowitt.alsoknownasAldineM.Prowitt.deceased
has filed her First and Final AccountintheOfficeoftheRegisterofWillsofWashingtonCounty.Pennsylvania.
to No.883 of 1968.Administration Ac-counts,and that the same will be pre-
sented to the Orphans'Court of Wash-ington County.Pennsylvania.for con-
firmation on August 26.1968.and becalledforAuditbytheCourtatatime
to be,fixed by the Court during the
week of September 9.1968,when andwhereyoumayappear.in person o'r by
counsel,and be heard.if you so desire.
MeCreight.Marriner&McCreight
520 Washington Trust Bldg.Washington.Pa.15301
Attorneys for Administratrix,C.T.A.
6)44-3
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that the affiant or the corporation in behalf of ~.he is a tin ~'sot'te~ested
in the subject matter 0 i otice ~Mdvertisin n that I t al ations of
this affidavit as to th ti plac attJracte .e pu~ar r .
S_'",.d ,"""riC::"'i:-~ii'.diW
18th.July 8:::::::itt:~:&::::::::....::.:_1.96------..
ar"l Publi~
KATHE~INE C.YARD,Notary
WaShington,Washington Co.,
My C()mmissi()n Expires
November 1,1969
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,~55:
The witJhin named AccountJan't being duly sworn according to fawl deposeS and say Sthat the above account
as stated is true and correctas she verily bel ievep •
Sworn and subscribed before me this ?~.~~.
June 68dayof19 .
---::6~:;;.;;c~-1Ui------
WASlIINGTON,WASlIlNGTON COUNTY
MY COMMISSION.EXPIRES JUNE 25,1970
.f 1Y;5 /J A~~.~~~~~.'·~·-:-r·"'··~;;·-.~otary Public
WQlshington County,ss:
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I do certify that I have given legal notice to all persons
concerned of the filing of the within account in the manner
prescribed by Statute and Rule of Courtl as evidenced by proof~
thereof filed to No~.-}.-::....'-.X.=..~./Ja..,.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
f".ot
IN RE:ESTATE OF ALDINE PROWITT,
also known as ALDINE M.
PROWITT,deceased.
)
)NO.883 of 1968
)
ORDER RELATING
TO NOTICE OF FILING ACCOUNT
AND NOW,June ~;r,1968,the Court having been informed
by counsel for the Administratrix C.T.A.of the above estate
(1)that "the Boys and Girls Home at Mars,Pennsylvania,now
operated by Dr.Jack Munyous as 'Lest We Forget'",the sole
beneficiary of decedent's Will,appears not to be in existence and
(2)that the present whereabouts of Dr.Jack Munyous are unknown,
and (3)that,despite extensive inquiry,the identity and
whereabouts of some of the heirs and next of kin of the decedent
are unknown,it is
ORDERED
that the Administratrix C.T.A.be and she hereby is authorized
and directed to give notice by advertisement in the Washington
County Reports and in the Observer-Reporter under Supreme Court
Orphans'Court Rules,Section 5,Rule 1 (c)of the filing of
her First and Final Account and its call for audit.
v v l
.'
..
IN THE ORPHANS'COpRT OF
WASHINGTON COUNTY,PENNSYLVANIA
NO.883 of 1968
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ORDER RELATING
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McCREIGHT,MARRINER Be McCREIGHT
ATTORNEYS AT LAW
WASHINGTON TRUST.BUILDING
WASHINGTON,PA,
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA.
IN RE:
,.
ESTATE OF
ALDINEPROWITT ,a/kla
ALDINE M.PROWITT,
Deceased
}
},
)
)
)No.883 of 1968.
}
)
PETITION FOR APPLICATION OF CY PRES DOCTRINE
To the Honorable,the President Judge of the said Court:
1.At the above nUmber the estate of Aldine Prowitt,
deceased)was audited by your Honorable Court.
2.The Will of the said decedent and the Audit Petition
filed show that the residue of the estate of the decedent was bequeathed
to The Boys and Girls Home at Mars,Pennsylvania,now operated by Dr.
Jack,M,UIlyous as tl Lest We Forgettt •
3.After diligent inquiry,it has been determined that there
is no such individual nor is there any suc;h organization pr esently in existence
but that there is a Dr.Jack Munyon residing at the ,Carlton House,Pittsburgh1...~'
Pennsylvania,.who did operate such a home under such a name until some
time in 1953.
4.There is and has been a home for boys and girls at
I
I
. I
·'Mars,Pennsylv~nia,which is-operated by the United Pre'sbyterian Women's
Association of North Anerica.
5.The said organiza~ionmakes application for atlocation
of the aforesaid residue,to it 1 under-the cy pres doctrine.
WH~REFORE,your petitioner prays your Honorable
Court to order the payment of the residue of the estate to it by the fiduciary
after such hearing or other action as your Honorable Court wishes to take in
the m'atter.
UNITED PRESBYTERIAN WOMEN'S
ASSOCIATION OF NORTH AMERICA.w
PATRONO,CEISLER AND EDWARDS
rBy~~~I-Y-~~~~-:---~
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COMMONWEALTH OF PENNSY LVANIA
COUNTY OF ~"LIJ.EGH;EN.Y._----~---
),
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Befo.re me,the undersigned authority;personalty appeared
PHILIP M.WEBER,who,being duty sworn according to taw,deposes
and says that he is the Treasurer of the United Presbyterian Women's
Association of North America,and that the fat:ts set forth in the foregoing
petition are true and correct to the best of his information,knowledge
and belief and that he is authorized to execute.this affidavit and to sign
this petition on behalf of the aforesaid organization.
Sworn to and subscribed
before me this !~'day
Of~
196.8....'q;;""p'...'#.'.(//rJj)§L ...
,"'?UC~~~l .
.Notary Public
..
MtCHEUNE F.BONDI,Notary Public -
Plttsbutgh,Allegheny ~o'"p'.e..,,.MYCo\llmlssion Expires
My Commission'Expires:_---JU-lY-2-&,1971
.-
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA.
,IN RE:
ESTATE OF
ALDINE PROWITT,a/k/a
JtLDINE M.PROWITT,
Deceased.
)
)
)
}
)No.883 of 1968.
)
o R D E R
AND NOW,this f-l:!;ray of d;~1968'the within
petition is ordered filed;a hea~ing set thereon f~r the It?~of~.~
-2,.19f at .•/~'clock L M.,with at least 10 days
notic 'to be given by certified mail to the Attorney General of the Common,;.,
wealth of Pennsylvania and to Dr.,Jack Munyon,Carlton House,Pittsburgh,
Pennsylvania,or his attorney.
,.
I
/"
..
In the Court of Conunon Pleas of
Washington County,Pennsylvania.
No.883 of 1968
IN RE:
ESTATE OF
ALDINE PROWITT,a/k/a
ALDINE M.PROWITT,
Deceased.
PETITION FOR APPLICATION OF
CY PRES DOCTRINEI..~_
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pATRONO,CEISLER and EDWARD'S
Attorneys at Law
80 East Chestnut Street V l/
was)n~n,;n~a7 15301 V\
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1Jn tl1r {@rp ~Unfi·Olnurt nf lIusl1ingtnn aInunt!}
In the matter of the Audit of Account in
Estate of ~&~
TO THE AUDITING JUDGE:
---1-A----.19 IS:A.A.
.~.
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.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
ESTATE OF )
ALDINE PROWITT,a/k/a )
ALDINE M.PROWITT,)
Deceased.)
No.883 of 1968
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
OBJECTION TO PROPOSED DISTRIBUTION
AND NOW,this /?()day of January,1969,Lest We Forget
;
Evangelical Association and Doctor Jack Munyon object tothe
proposed distribution of the residuary estate in this matter
for the following reasons:
1.The Petition Sur Audit in this matter filed by
Regina P.McCullough,Administratrix C.T.A.suggests the following
lilt is respectfully suggested that your Honorable
court give consideration to distribution under
Section 10 of the Estate Act of 1947 on petition
to be filed on behalf of united presbyterian
Women's Association's Home for Children at Mars,
Pennsylvania.II
2.There is presently pending before.your Honorable
CouJ;tthe Petition of united presbyterian Women's Association
of North America praying that the residue of this Estate be paid
to it under the Cy Pres Doctrine.
3.The beneficiary designated in Paragraph Three of
the Will of the decedent,Aldine Prowitt was,lithe Boys and
Girls Home at Mars,Pennsylvania,now operated by Dr.Jack
Munyous as 'Lest We Forget'."
4.The name of the beneficiary identified in the Will
is a misnomer of the name of the charitable association known as
Lest We Forget Evangelical Association.
On and before March 28,1950,the date of the execution
of the Will of A1dine Prowitt,and for a considerable time
thereafter,this Association headed by Dr.Jack Munyon,among its
other.charitable activities,operated a boys and girls home at
RODGERS AND RONEY
ATTORNEYS AT L.AW
6a S.MAIN STREET
WASHINGTON.PA.
Mars,Pennsylvania.By reason of a lack of funds,the Evangelical
Association discontinued the operation of a boys and"girls home
at Mars,Pennsylvania;about 1953,and the net proceeds from the
sale of the premises were used to continue to conduct the radio
ministry of Dr.Jack Munyon and the other charitable activities
of the Association including the distribution.of food,clothing
and toys to needy families in the metropolitan Pittsburgh area.
In 1965,the Lest We Forget Evangelical Association was;,duly.
incorporated as a charitable corporation under the laws of the
Commonwealth of .Pennsylvania and continued and still continues
its charitable activities in the Pittsburgh metropolitan area unde
the direction of Dr.Jack Munyon,who is an ordained minister.
There is no other charitable association in Western
Pennsylvania with the name the same as or similar to Lest We
Forget Evangelical Association nor is -there any other minister in
the Western Pennsy~vania area with a name the same as or similar
to that of Dr.Jack Munyon,and the only minister whose name
has been associate<;i with the Lest We Forget Evangelical'
Association is that of Dr.Jack Munyon,....
WHEREFORE,Lest We Forget Evangelical Association
prays your Honorable Court to.award the residue o-f-the Estate
of Aldine Prowitt to it as the .beneficiary designated in the
Will of the decedent.
RODGERS AND RONEY
BY'~~orget
Evangelical Association
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PAl
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
)
IN RE:)
ESTATE OF )
ALDINE PROWITT,a/k/a )No.883 of 1968
ALDINE M.PROWITT,)
Deceased.)
ANSWER TO PETITION FOR
APPLICATION OF CY PRES DOCTRINE
TO THE HONORABLE,THE PRESIDENT JUDGE OF SAID COURT:
AND NOW,this /3 -;:;1--day of January,1969,Lest We Forget
Evangelical Association and Doctor Jack Munyon answer the
Petition of the United Presbyterian Women's Association of
North America as follows:
1.Paragraph One of the Petition is admitted.
2.Paragraph Two of the Petition is admitted.
3.Paragraph Three of the Petition is denied.The
name of the beneficiary identified in the Will is a misnomer r
,,-~:of the name of the charitable association known as
Lest We Forget Evangelical Association.
On and before March 28,1950,the date of the execution
of the Will of Aldine Prowitt,and for a considerable time
thereafter,this Association headed by Dr.Jack Munyon,among
its other charitable activities,operated a boys and girls home
at Mars,Pennsylvania•.By reason of a lack of funds,the
Evangelical Association discontinued the operation of a boys and
.girls home at.Mars,Pennsylvania,about 1953,and the net proceed
from the sale of the premises were used to continue to conduct
the radio ministry of Dr.Jack Munyon and the other charitable
activities of the A~sociation including the distribution of food,
clothing and toys to needy families in the metropolitan Pittsburg
area.In 1965,the Lest We Forget Evangelical Association was
duly incorporated as a charitable corporation under the laws of
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
the Commonwealth of Pennsylvania and.continued.and still continues
its charitable activities in the Pittsburgh metropolitan area
under the direction of Dr.Jack Munyon,who is an ordained
minister.
There is no other charitable association in Western
Pennsylvania with~he name the same as or similar to Lest We
Forget Evangelical Association nor is the.reany other m~nister in
the Western Pennsylvania area with aname the same as·or similar
to that of Dr.Jack Munyon,and the only minister whose name
has been associated with the Lest We Forget Evangelical
Association is that of Dr.Jack Munyon.
4.The averments of Paragraph Four are neither
admitted nor denied•.After inquiry,the Respondents are without
sufficient knowledge to form a belief .as to the allegations of
the aforesaid Paragraph and proof thereof is demanded at the time
of hearing if relevant.
5.The Respondents deny the allegations of Paragraph
Five of the Petition insofar as Petitioner alleges this is a
proper case for the application of the Cy Pres Doctrine.On the
contrary the Respondents aver the Cy Pres Doctrine is not here
applicable for the reason that'the beneficiary,Lest We Forget
Evangelical Association is sufficiently identified in the Will
of the decedent.
WHEREFORE,Respondents pray your..Honorable court to
deny the Petition of United Presbyterian women's Association
of North America for payment of the residue of this Estate to it,.,
and pray your Honorable Court to award the residue of the Estate
to the decedent's peneficiary,Lest We Forget Evangelical
Association.
LEST..WE FORGET EVANGELICAL ASSOCIATION
BY~~Y~"4~:',
RODGERS'AND RONEY 0
BYAt~S~
COMMONWEALTH OF PENNSYLVANIA
/'
COUNTY ovLLb1~
)
(SS:
)
RODGERS AND RONEY
ATTORNEYS AT l-AW
63 S.MAIN STREET
WASHINGTON,PA.
Before me,the undersigned authority,a Notary Public,
personally appeared Dr.Jack Munyon,who being duly sworn
according to law,deposes and says that he is the Director'
______of Lest We Forget Evangelical Association,and that
the facts set forth in the foregoing Answer are true and correct
to the best of his information,knowledge and belief and that he
is authorized to execute this9ffidavit and to sign the,.
Answer to Petition on behalf of the aforesaid organization.
sworn to and subscribed
before me.this /.J'~day
Of?~-".'1969.'V
,,<·.ruv~k""
_Wary Public
My Commission Expires:
MAnClARtrT R.MOSKOS.tlotary Public
Pittsburgh,AHp-gh~ny,Co.,Pa.
My Commission Expirell Nov.18,1972
IN THE COURT OF COMMON PLEAS OF WASHlliGTON COUNTY I PENNA.
ORPHANS'COURT DIVISION
InRe:
Estate of
ALDINE PROWITT,a/kja
ALDINE M.PROWITT,
Deceased.
(
)
(
)
(
)
(
)
(
No.883 of 1968
ADJUDICATION
Marino,P.J.October 17,1969.
Aldine Prowitt,by her will dated March 28,1950,provided
1'1 give devise and bequeath all the rest,residue and remainder of my estate,
to the Boys and Girls Home at Mars,Pennsylvania,now operated by Dr.
Jack Munyous as ilLest We Forget".
The said Boys and Girls Home at Mars ceased to exist about
1953.The property was sold by Dr.Jack Munyon (the person referred to in
the will)and the proceeds applied to the endeavors of the "Lest We Forget!!
Evangelical Association which he heads.It was incorporated:_as a charitable
corporation under the laws of this Commonwealth in 1965,and is still active
in its chosen field.Dr.Munyon,an ordained minister,conducts a daily
radio program from a Pittsburgh radio station and has done so for many years.
Miss Aldine Prowitt,the decedent,was a devoted listener and contributor to
his radio ministry.The said Association's further activities include the
distribution of food,clothing and toys to needy families in the metropolitan
Pittsburgh area.It is especially active during the Christmas Ho liday season.,....
Dr.Munyon,who testified at length,claims the residue of this
estate for the use and purposes of the Association which he heads.He conte s
that there is no reason for invoking the doctrine of cy pres in the disposition
of this fund,as is suggested by the United Presbyterian Women's Associatio
of North America,which has been conducting a home for boys and girls in th
same general area since 1929.Dr.Munyon testified that he had met Miss
Prowitt personally at one of his Evangelical meetings in this area;that she
appeared to be greatly interested in the welfare of young boys and girls;that
these purposes could be best advanced by the work a~d program of his
Association.
'ti •j ,",.,
:He:'maintain~'thaCthis is apure·.ca:se·~fmisnomer,which
frequently happens in bequests to charitable corporation's,as the pub lic is
•,'.'~J '
seldom acquainted with the true,an~legal name of the corporation intended
to be benefited,more gene~ally using the name the public employs in
describing the entity,be it a contraction of the full name or simply a shorter
and hence more convenient appellation.There are indeed many reported
cases of this nature;it would unduly extend this opinion to cite them.But
our problem goes far beyond the question of misnomer.
It can har.dly be denied that Miss Prowitt had a charitabIe purpos
in mind as the object of her bounty..'While there was no intention ofestablis ng
a trust to carry out her desires (the fund being inadequate for such)an out-
right bequest may be designated for like charitable uses.Her interest was
in continuing a !tBoys and Girls Homer!which would minister to the needs of
young persons of both sexes who often find themselves in a position where the
cannot avail themselves of the opportunities afforded by the municipal fathers
in this respect.This occurs where families are broken up,separated,
divorced,and the like.She chose the Boys and Girls Home at Mars,
Pennsylvania,to carry out these purposes.
It is conceded that the Home no longer exists,nor will it be
practicable for the Association to attempt to establish another.But Dr.Mun on
-2-
urges that decedent was familiar with the general charitable activities of the
Association,the radio ministry,the distribution of food to needy families,
caring for children with clothing and toys,spreading good-will and assistance
at Christmas time.It would certainly have delighted her to know that all thes
activities were being continued,partly by the use of her funds.The short
answer to this argument is that by her unspecified contributions during her
lifetime she supported all of those activities of the Association.However,by
her will,she determined to compress the category to more effectively render
aid to her preferred group,the needy boys and girls whom she wished above
all to help.
Can we help this special group of unfortunates by radio ministry,
or distribution of food,clothing and toys throughout the wide metropolitan
Pittsburgh area with consequent dilution?There is little similarity in the two
concepts.Miss Prowitt desired the continuation of the Boys and Girls Home a
Mars,Pennsylvania.This is now rendered impossible.What are the court's
duties under the common law and now under the Act of Assembly?The Estate
Act of April 24,1947,P.L.100,section 10,20 P.S~30~.10,provides:
."f ~. .
,III "•,~~,..tlExcept as otherwise provided by the conveyor,if the charitable purpose for
which an interest shall be conv~yed,shall be or become indefinite or impossib e
or impractical of fulfillment~or if it shall not have been carried out for want
of a trustee or because of the failure of a trustee to designate such a purpose,
the court may ....order an administration or distribution of the estate for a
charitable purpose in a manner as nearly as possible to fulfill the intention of
the conveyor,whether his charitable i:ritent be general or specificr!.
The Act is but declaratory of the common law,and was intended t
supplant earlier statutes deemed conflicting and inconsistent.The principle of
c res,enunciated in the various statutes becomes applicable after it has bee
-:3-
,~-,
determined that a gift was made for charitable or religious purposes.
Stephenls Estate,129 Pa.Supreior Ct.396 (1937).But the mere fact that th
charitable purpose is made dependent on contributions by others for like use
will not defeat the gift.Thompson's Estate,282 Pa.30 (1925).Miss Prowit
contemplated the use of her funds together with others to carryon the Home.
But there is no fund in existence for this purpose to which this gift could be
added to implement decedentls desire.Nor is there any prospect for such;
Dr.Munyon testified that the Association was not in a position to do so,and
had no desire to reestablish the Home after the past experience with one.
When a testatorIs estate is of insufficient size to permit the
realization of his charitab le intentions in the manner specified in the will
(here it would be necessary to build anew)the courts endeavor to fulfill the..
t .~\t .
expressed charitable purpos'es by awarding the funds cy pres to an existing
charity whose purposes are similar to those which the testator had in mind.,
Brooke Estate,45 D.&C.2d 670 (1968);Wanamaker Estate,364 Pa.248
(1950);William~Estate,353 Pa.638 (1946).In the two latter cases,gifts
were diverted from the named institutions and given to other well established
organizations for the above cited reasons.The court may deviate,however,
from testator's desires by awarding the fund to the same institution if it be
shown that the gift,although not used for the exact purposes specified in the
will,would be devoted to a purpose which would likely achieve:.the goals and
aims the decedent had in mind in making the ~equest:Cf.Spoerl Estate,
5 D.&C.2rl130 (1955).
,Where a gift is made to a particular institution for a specified
purpose,that institution,above all others should receive the fund so long as i
has the means of utiliZing the gift in a manner most closely approximating tha
,designated by the testator or testatrix.We should be most happy to award
this fund to the ilLest We Forgetll Evangelical Association if it were shown
-4-
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...i
,
~,
that it had the means (and the will)to implement the desires of Miss Prowitt
to advance the interests of our disadvantaged youth in a :E?oys and Girls Home
anywhere in Western Pennsylvania;but it has presented for our consideratior
neither the means nor the will to do so.In fact,it definitely states till t there
is no intention presently of advancing any plans for such endeavors.It
contents itself with equating the benefits of radio ministry (and its minor
philanthropy)with those achieved by a full time school for underprivileged
youth.With this we cannot agree.
The only other applicant for this fund,cypres,is the United
Presbyterian Women's Association of North America.It has conducted a
Home for Children at Mars,Pennsylvania,continuously since 1929 on a
tract of 160 acres.Both boys and girls are admitted.There is no restrictio
whatever as to race or creed of the child.They have admitted negro as well
as while children,and the children have been of the Jewish,Catholic and
Protestant faiths.
The Home now has 42 children enrolled,aged 3 to 18 years;with
a full-time staff of 19 in attendance as well as many part-time employees.
The budget for 1967 -68 amounted to about $140,000.A recent bequest of
$166,000 will permit further expansion of the building program.The assets
of the Home are in excess of one million dollars.While it is true that the
youths are exposed to the Presbyterian faith,and are transported to nearby
Presbyterian churches on Sunday I yet there is not a word in this record
indicating any more liberal religious treatment by Dr.Munyon in his Home.
It is recalled,furthermore,that Miss Prowitt was of the Protestant faith,
and would hardly be offended by the training as presently accomplished.
This court rules that the fund should be awarded cy pres,the gift
as originally made:havingfailed by reason of the discontinuance of the Boys
:t ,f "' •~r I
and Girls Home at Mars,Pennsylvania,and by reason of the inability of the
-5-
.'
Association that conducted said Home to provide another of substantially the
same competence and merit.We hold that the Home for Children at Mars,
Pennsylvania,conducted by the United Presbyterian Women's Association of
North America,is a similar home to that envisioned by the decedent,and
that distribution to it will fulfill the charitable purposes of decedent as nearl
as possible.
The fund is awarded,ty pres,to the United Presbyterian Women s
Association of North America,specifically for the use and benefit of the
Home for Children at Mars ,Pennsylvania•.
/!
\--.By thE;l Court,
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-6-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
AlDINE PROWITT,a/k/a
AlDINE M.PROWITT,Deceased.
No.883 of 1968
'RODGERS AND RONEY
ATTORNEYS AT LAW
83 S.MAIN STREET
WASHINGTON.PA.
EXCEPTIONS TO ADJUDICATION
AND NOW,this 22nd day of October,1969,lest We
Forget Evangel ical-Association and Or.Jack Munyon,respectfully
except to the Adjudication of October 17,1969,~f P.V.Marino,
P.J.,awarding the residuary estate,cy pres,to the United
Presbyterian Women's Association of North America,for the
following reasons:
I.The learned J~dge erred in awarding the fund
cy pres to the United Presbyter~n Women's Association of North
Amer ica for the use and benef it of""the Home for Ch i Idren at
Mars,Pennsylvania.
2.The learned Judge erred in failing to award the
said residuary estate to the lest We Forget 'Evangel ical Associa-
tion.
3.The learned Judge erred in failing to find that
the deced6t had devised and bequeathed the remainder of her
estate to the lest We Forget Evangelical Association.
4.The learned Judge erred In finding this was a proper
Case for the application of cy pres.
5.The learned Judge erred In finding that an award
to the United Presbyterian Women's Association of North America
for the use and benefit of its Children's Home at Mars,Pennsyl-
~nia would as nearly as possible fulfill the intention of the
decedent,Aldine Prow itt.
RODGERS AND RONEY
ATTORNEYS AT LAW
e3 S.MAIN STREET
WASHINGTON.PA.
6.The learned Judge erred In fai ling to find that
even if the cy pres doctrine applied,an award to the lest We
Forget Evangelical Association upon appropriate conditions
would more nearly fulfill the intention of the decedent,Aldine
Prow itt.
RODGERS AND RONEY
BY~orneYs
for lest We Forget Evangel ical
AssociatiQn and Or.Jack Munyon
I hereby certify that the foregoing Exceptions are
not intended for delay.
RODGERS AND RONEY
B~..amue It.odger
o.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
,ORPHANS'COURT DIVlSION.,
I I -'
.1
IN.RE:
Estate of
t '
ALDINE PROWITT,a/k/a
ALDINE M;PROVlITT,
Deceased.
Marino,J.April 1,1971
(
)
(
)
(
)
(
)
(
OPINION
No.883 of 1968
In the court's adjudication the residuary estate of this
decedent was awarded,cy pres,to the United Presbyterian Women's
Association of North America,specifically for the use and benefft of the
Home for Children at Mars,Pennsylvania.
Exceptant maintains (1)that.the fund should not be awarded
cy pres,and (2)that if so awarded,it could be used to better advantage by
bestowing it on children in foster -care homes supervised by the County of
Washington.As to the award of the fund cy pres,we feel that the reasons set
forth in the adjudication cover this matter fully,and we will not repeat them
here.
The second contention is a bit more troublesome.It could
well be that the fund IIwou ld go farlher lt ,as claimed by exceptant,by applying
it in home-care assistance to eligible children.But we must remember that
we have here only a few thousand do lIars for distribution and the Home at
Mars is already set up and functioning.Exceptant cites Ellis's Estate,
•
8 District and County Reports 775 (1926),where the court approved the
application of a large fund to the home-care plan such as was detailed by the
Mothers'Ass-istance Fund.But such was ordered because the court found
that the institution proposed in the decedent's will could only care for a
limited number of children,and the applicable Act of Assembly permitted
income of only $50,000 annually for such purposes,while the principal of
roughly $1,000,000 would suffice for this;yet the fund had grown to
$6,000,000 when the court ordered the additional income for home-care use.
We have no income to distribute and the fund itself is
minimal (less than $5000).
The earnest argument of counsel for the exceptant has not
convinced us that any error was made in the adjudication.The exceptions
are dismissed and the adjudication is confirmed absolutely.
.'"
-2-
\
IN THE COURT Of COMMON PLEAS Of WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE Of
,-.
ALDINE PROWITT,a/k/a
AlDINE M.PROWITT,Deceased.
!No.883 of 1968
RODGERS AND RONEY
ATTORNEYS AT LAW
e3 S.MAIN STREET
WASHINGTON.PA.
BRIEf Of LEST WE fORGET
EVANGEl'I.CAl aSSOCINI ON ,
Samuel l.Rodgers,Esquire
RODGERS AND RONEY
Attorneys at law
63 South Main.Street
Washington,Pennsylvania 15301
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
STATEMENT OF QUESTIONS INVOLVED
I.ASSUMING THAT THE INTENTION OF THE TESTATRIX WAS TO
HElP PROVIDE"AN INSrrrUTIONAL HOME FOR GiRLS AND BOYS,'IS THIS
~..•..~.
CHAR'ITABLE PURPOSE FULFILLED AS NEARLY AS POSSIBLE BY AN AWARD FOR
~..-....
THE BEN EF I T'OF"AN I NST I TUT ION AlREAD Y MAK I NG MORE THAN ADEQUATE
,.-~..-,".
PROVIS'ION FOR SUCH INSTITUTIONAL CARE?
...,1 "••_
II.IS THE DOCTRINE OF CY PRES APPLICABLE ONDER THE
.~..
FACTS OF THIS CASE?
RODGERS AND RONEY
ATTORNEYS AT LAW
63 s.MAIN STREET
WASHINGTON.PA.
.'
HISTORY OF THE CASE
Aldine Prowitt died at Washington,Pennsylvania on
September IU,1967 at the age of 02.
Her Wi II dated March 2~,1950,stated "After the payment
of all my debts,etc.I give,devise and bequeath all the rest,
residue and remainder of my estate,to the Boys and Girls Home
at Mar~,Pennsylvania,now operated by Dr.Jack Munyous as
'lest We Forget'."
The balance of Mrs.Prowitt's estate after the payment
of debts,etc.was about $4,500.
This balance was claimed both by The United Presbyterian
Women's Association of North America who operate a Boys and Girls
Home at Mars,Pennsylyania,and by the lest We Forget Evangel ical
Association operated by Dr.Jack Munyon.
Miss Prowitt,a lifelong resident of the Washington,
Pennsylvania area,was an unmarried retired school teacher and
practical nurse.The only known heir of Miss Prowitt appears to
be a nephew,Michael G.Prowitt.
At the time Miss Prowitt made her Will in March of 1950,
and for severa I years thereafter,the lest We Forget Evange I ical
Assa::iation operated by Dr.Jack Munyon,had a Boys and Girl s
Home at Mars,Pennsylvania where a large farm had been purchased.
By reason of financial difficulties,the home ceased
to exist about 1953 and the property was sold and the proceeds
applied to the endeavors of the lest We Forget Evangelical
Association which is incorporated as a charitable corporation
and is still active in sponsoring Dr.Munypn's radio ministry
and In distributing food,clothing and toys for needy families
and ch i Idren.
Miss Prow itt was not in any respect oriented toward
the Mars,Pennsylvania area (R.33)and during her lifetime
apparently made no contributions to the Urited Presbyterian
Women's Association of North America nor to the United Presby-
terian Home for Children at Mars,Pennsylvania (R.34).
The other claimant,The United Presbyterian Women's
Association of North America,esta~lished the United Presbyterian
Home for Children about 1878 in the City of Pittsburgh.
In 1929 the home was moved to the area of Mars,Penn-
sylvania which is in the southwestern part of Butler County.
At the time of the hearing it housed forty-two children
in two main buildings and also what had been a private residence.
It had assets of over $1,000,000 and had recently
received an additional gift of $166,000,which was to be used
to expend its physical facil~ies.
It employs about twenty persons full time including a
_yearlysuperintendent,and costs about $140,OOO/to ope'''ate.
It does not care for any children with serious mental
or physical defects and the children receive their education in
the publ ic schools of the Mars area.
After hearing Judge Marino determined that the balance
RODGERS AND RONEY of the estate shou Id be awarded to t he Un ited Presbyter i an Women's
ATTORNEYS AT LAW
63 s.MAIN STREET
WASHINGTON.PA.
RODGERS AND RONEY
ATTORNEYS AT LAW
83 S.MAIN STREET
WASHINGTON.PA.
Association of North America for the use and benefit of its
home for children at Mars.
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
A R GUM E N T
I.THE AWARD TO TH IS CLA IMANT DOES NOT FU LF III AS NEARt Y
AS POSS IBLE THE "I NTENT ION OF THE DECEDENT.
Assuming for the purposes of argument,that it was the
intention of the testatrix to help provide institutional care for
needy children,it is obvious that the presentcward does not ful-
fill her intention even remotely.
The Restatement Truste,Section 399,comment h,page
1215 says thisf
"So,also,where a testator bequeaths property in
trust,to establish a hospital in a town,and a similar
hospital has been establ ished in the town and no use-
ful purpose would be accomplished by having two
hospitals,the court will direct the applicatiQn of the
property cy pres jf the testator had a more general
charitable intention,as for example by making other
provisions for the sick in the town,or by establishing
a hospital elsewhere.If,however,the testator mani-
fested an intention to restrict his gift to the particular
purpose of establishing a hospital in the town,and the
purposes which would thereby be accomplished are
fully accomplished by the establishing of the other
hospital,the trust fails and a resulting trust wi II arise
for the testator's estate."
In the instant case,United Presbyterian Home for Children at
Mars,has aS$e~s of about $1~060,000,not counting a recent
bequest of $166,000.
It has forty-two children which it is giving insti-
tutional care,not including education,or an investment per
child in excess of $25,000.
The investment includes tennis courts,swimming pools,
etc.It has about twenty full time employees,about one for every
two children,and an operating budget of over $140,000 repre-
senting an expenditure in excess of $3,300 per year for each
ch i Id.
Yet the balance of Miss Prowitt's estate in the amount
of $4,500,"is to be given to th is very we II financed and we II
"RODGERS AND RONEY
ATTORNEYS AT LAW
63 s.MAIN STREET
WASHINGTON.PA.
•
staffed home,a home which apparently she never heard of nor
contributed to during her lifetime,on the theory that this award
wil I somehow more nearly carry out her intention than any other
use of the money.
I am sure this result would have astonished Miss Prowitt
As long ago as 1927 a similar situation was presented
In the matter of Ellis's Estate,8 D.&C.775.There the
testator had left something I ike $4,000,000 to found a home for
fatherless white girls and an additional $2,000,000 had accumu-
lated in income.The home was taking care of about sixty father-
less girls.The auditing Judge pointed out there were already a
plethora of other similarly endowed institutions with few
beneficiaries:one with an endowment of $3,500,000 and 107
white orphan girls,another with an endowment of $750,000 and
40 white orphan girls"and sti I I another with an $2,000,000 endow-
ment and about 50 orphan girls.
It was po inted out jin the EI lis Estate as far back as
1927 that the type of institutional care there provided was
obsolete.What was required was institutional care for those with
serious defects and home or foster home care for the other
ch i Idren.
It is obvious that in most situations the loving care
provided in a private home is far better than the institutional
car~no matter how well financed or staffed.
The UniUd Presbyterian Home for Cbmldren at Mars
represents an investment of something like '$100,000 for every
four children presently being cared for.It is obvious that its
present assets and funds are more than adequate to care for the
RODGERS AND RONEY
ATTORNEYS AT LAW
63 s.MAIN STREET
WASHINGTON.PA.
children on hand and the award of Miss Prowltt's estate to this
claimant wi II serve no useful pucpose and wi II certainly not as
nearly as possible fulfill the intention of the testatrix.
It should be further emphasized that Miss'Prowitt had
no connect ion whatsoever with the Mars,Pennsy IVan ia g8og,raph ic
area.Although this claimant at the hearing,by i9~ndo sought
to create the impression that the Lest We Forget Evangel ical
Association and Dr.Jack Munyon were to be .viewed with deep
it
susp,icims as objects of charitable regard,/has no compunction
about using the fact that the lest We Forget Evangelical Associa-
tion and Dr.Jack Munyon once operated a home at Mars as the
basis for its own claim.
It seems reasonably c~:ear that the ony reason that
Mars,Pennsylvania is mentioned in the testatrix's Will is a
resu It of her acqua i ntanceand contr ibut ions to Dr.··Munyon.
There is no reason whatsoeve~if the doctrine of cy
pres is to be'appl ied,that a boys and girls home at Mars,Penn-
sy Ivan ia wou Id have any better c Iaim than c:JlI s imil ar inst i tut i on
in se1thwesternPennsylvania.
As pointed out inEllis's Estate,it would make more
sense for these funds to be used to benefit needy ch i Idren in
private homes.
.theThisispreciselywhatwouldbedoneWith/funds if they
were awarded to the lest 'We Fo~t Evangel ical Association.
It is respectfully submitted that if the doctrine of
cy pres is to be applied in this case,the award should not be
made to the United Presbyterian Home for Children at Mars,Penn-
sylvania.
I I.THE DOCTR INE OF CY PRES IS NOT APPlI CABLE UNDER THE
TERMS OF THE Will.
The Learned Judge has placed great emphasis on the fact
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
that the testatrix referred to a Boys and Girls Home.However,
no weight has been given to the fact that testatrix also referred
to Dr.Munyon and the lest We Forget Association.little weight
has been given to the fact that the only reason that the testa-
trix was interested in the Mars,Pennsylvania area was ~result
of her acquaintance and contributions to Dr.Munyon and the lest
We Forget Association.
Miss Prowitt's estate is being given for the l:enefit of
an institution that she apparently never heard o~located in an
area to which she had no ties.It is being given to an institu-
tion wKiidlhh'8's absolutely no real need..for the funds.
It is obvious from the record that Miss Prow itt was
keenly interested intPecharitable activities of ~r~Munyon and.
his Assoc iat ion and in her Will des ignated the'Assoc i at i on as the
object of her bounty.
This petitioner submits that the claimant has not
adequately distinguished lockwood's Estate,344 Pa.293.
If the argument of the claimant appl ied to the facts
in the lockwood case,the Court would have to hold that the
testator had cIear Iy made it his purpose to estab I ish a co II ege
to educate mediums at lilydale,New York and that residue of
the estate should have been awarded cy pres to the nearest college
that educated mediums at or near Li Iydale,New York.
The attempt to distinguish the lockwood Case on the
grounds that there a trust was involve4and here there IS no
trust,is,we submit,nonsense.
The award in the instant case IS to the United Presby-
terian Women's Association of North America in trust for its
home for children at Mars,Pennsylvania.We submit that tockwoo~s
Estate is contbolling and tha~in the alte~nativ~if cy pres is
RODGERS AND RONEY
ATTORNEYS AT LAW
63 s.MAIN STREET
WASHINGTON,PA.
..
wi II
applied,lest We Forget Evangelical Association/perform a far
more useful service in using the funds for truly needy children
in foster home~rather than see it used to expand unneeded physica
facilities on the part of the rival claimant.
Respeetfu Ily submitted,
RODGERS AND RONEY
r(
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OFFICE OF THE ATTORNEY GENERAL
HARRISBURG,PA.17120 .
January 27,1970
Charles C.Keller,Esquire
East Beau Building
68-70 East Beau Street
Washington,Pennsylvania 15301
Re:Estate of Aldine Prowitt
Dear Brother Keller:
The judge was mistakenly referring to the limitation
in the Supreme Court Orphans'Court Rules (attached)that notice
need not be given of a pecuniary legacy in the sum of $10,000 or
less which has been or will be paid in full.(last sentence of
the rule).
But a residuary legacy is not a pecuniary legacy.A
pecuniary legacy is one of.a fixed sum,payable in dollars,or.I'r l-tl j/.:....':/")..J.,'j \peoun~ae.f--"iJj.{I:..."..!,_j(,~(.V'<;":I~6..,f>"";':;,;.J ':"~V"'<:7"j
J 't,
We get notice in all cases of residuary gift to charity,
since the amount is never fixed,and we review to check unusual
administrative expenses or unusual claims against the assets.
And.we get notice in all cases of cy pres under Section
10 of the Estates Act.
We would also get notice as in the present case where
the identity of the legatee is in question.
Is the judge objecting at this late date to the Attorney,General as Parens Patriae showing an interest in this dispute
between charities?
Very truly yours,
"t>~j j?r ~'1 .?~..'li/f lLl'.~:"i k-..(..t }~.e..-(.'ar es fi.oods'"r.
Deputy Attorney"en~ral
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MC;:CREIGHT,MARRINER ~MC;:CREIGHT
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
JOHN B.M~CREIGHT
STEPHEN D.MARRINER
JAMES C.M£CREIGHT July 29,1971 AREA CODE 412
PHONE225-6600
Commonwealth of Pennsylvania
Department of Revenue
Bureau of County Collections
Inheritance Tax Division
Washington Trust Building
Washington,Pa.15301
IN RE:Estate of Aldine M.Prow1tt,Deceased
Your Reference 37-68-5
County File No.9480-202
Our File No.2198
Gentlemen:
Mr.Hana of the Orphans'Court has called our attention
to the fact that the real estate in the above-referenced estate was
apparently overlooked in the appraisement filed by the Department on
July 26,1968,even though the real estate was returned for inheri-
tance taxes.
We shall appreciate your correcting the appraisement or
filing a supplemental appraisement to include the real estate,which
was valued at $3,600.00,the sale price thereof,and then providing
the corrected or supplemental appraisal to Mr.Hana as soon as pos-
sible in order that final distribution may be made in accordance
with an adjudication which has already been handed down by Judge
Marino.
Yours very truly,
McCREIGHT,MARRINER &McCREIGHT
JCMcC:mb
CC:Orphans'Court Division
Court of Common Pleas
County Court House
Washington,Pa.
ATTENTION:Mr.Hana
CC:Robert L.Ceisler,Esquire
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