HomeMy WebLinkAboutOC1968-0939 - ESTATE OF ALLOWAYPETITION SUR AUDIT
IN rHE ORPHANS'COURT OF .WASHINGTON COUNTY
Testate Form J
LILLIAN ALLOWAY a/k/a MissEstateof .
..~!~.kJ;A~L.~f.~Q~~x:..~!~!~~;J;.~~}.~..~~.
ALLOWAY
Deceased
No ~}~~.r.J~§.~.
Fiduciary g.~~J?~~.~g.~¥..~.
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Decedent's death .;r~Jy..)L..J~~.?Grant of Letters ~~~:¥.?!~~.?~....
This is the xt.;,:§.t..~.~.~9_;.~~.i:!l:~account filed in this estate
·If there have been former accounts filed in this estate,list file number or number and term NQP.:.~.
.~,.........................._____- _--__--_-/'
Election to take
Under or Against will.(cross out one)None
Date Election Place of;
Filed Record .
i Name of surviving spouse ·.N9.D.~.
\,
List issue,where material:
•.1'
Decedent was never married.
Did decedent marry after execution of will?(indicate)Yes.No.Any children born after execution of will?(indicate).
Decedent was never married.'.,
Yes.No.If answer yes,name them .
.......____--__-_--_.
Legatees
Margaret Boyd (Maggie)
Sadie Messner
Hannah Mae Harrison
Helen Ray
J!.
Relationship
None
None
None
None
Interest Fiduciary,if deceased or not sui juris
,List,if exceptions to above:
If partial 'intestacy,give facts:
Adeemed:Revoked:Lapsed:Abated:Give Cause:
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.No.
If any exc~ption give cause:.
•File copy of Notice
and date of mailing .
Is estate subject to the filing of a Federal Estate Tax Return?X~!?.
Actual payme~t Made on Pennsylvania Transfer Inheritance Tax.Amount $}.~!..~~.l?:..~.~.
If the Will makes any porti~n of estate subject to a life-estate,give name and birth date of life tenant ~~!J:~.
...................-_..__---___-_._-_..__._-______.
Give Names and addresses of all unpaid creditors who are legally entitled to notice,together with the amounts
of such claims;state whether they are admitted to be correct;and whether the claim is denied.
,None
Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re-
quiring adjudication,and a statement of any other facts'deemed necessary for the preparation of the adjudication:
None
Balance for distribution per account,
Itemize any additional debits not shown by account:
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$;~.
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Total additional debits (Add)
Itemize.ahY'daditional credits not shown by account:
_.:•I ("
/
•Total additional credits (Subtract)
Balance for distribution
0"·'
$..................................•.
$.
$...................................."
If balance for distribution is not in cash,list each ite~heid in kind,giving apprais~d Value (or distribution Value);\~
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,.BALANCE FOR DISTRIBUTION PER ACCOUNT,
Itemize any a.dditior~al debits not shown by account.
Gain on sale of real estate to Joki
inventoried at $19,000
Rental received since filing account
Interest on s.avings account
TOTAL ADDITIONAL DEE ITS (Add)
\Itemize any additional credits not shown by account.f ',
state transfer stamps,Joki ·sale
proratio~of,real estate taxes
•i •1,,I-
Robert P.Van Voorhis,balance on real
estate commission
Jefferson Hills real estate commission,
Dusmal sale
TOTAL ADDITIONAL CREDITS (Subtract)
BALANCE FOR DISTRIBUTION
$4,000.00
70.00
112.95
$4.182.95
230.00 I'
20L53
650.00 !
1,'000.00 !
$2,081.53
$49,156.52
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$51,257.94
If balance for distribution is not in-cash,list each 'item held in kind,
giving appraised Value (or distribution Value)i,
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No...'.'.,939 of 1968............__--___.___-_.
Estate of....~.~l~.~~.~..~~.~.?~.~y....~!.~!..~...M~SS Lillian Alloway
a/k/aLi11ian Mae
..................!.\J:J~9~~Y .':.g Deceased
Fiduciary ~.~.:~·J?!.J:..~.:~ay ,.....-.._-__--_.__...'
.....
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PET.ITION SUR AUDIT
FROM WHERE DECEDENT LEFT A WILL
Counsel of Fidl:Jciary 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
litem,if pertinent.
4.Proof of service of above.
3.Letters Testamentary or Administration
C.T.A.or on attest copy of Will.
6.Copy of inventory 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.
10.Copy of Federal Estate Tax return if es-
tate is subject thereto.
'1
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Attorney
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If Family Exemption claimed by Petition,give place of Record:~~:t::~.~~.~~~.~.
If Family Exemption is claimed at audit,give name,relationship and basis for Claim:,.
List any advancement or distributioncro,l account that has been made,and nature and amount of same:
In settlement of act~on at~~67 o.c.and with court approval,
dated January 9,1968,the following advanced distribution was made and
receipts for payment in full received:
Lola Wort~an
Katherine Davis
Ruth Parks
-$11,500.00
-$11,500.00
-$11,500.00
(See additional sheet)
Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized elections
to take in kind if balance is not in cosh:residuary shares being stated in proportions:
Margaret Boyd (Maggie)
Sadie Messner
Hannah Mae Harrison
Helen Ray
COUNTY OF WASHINGTON,55:
COMMONWEALTH OF PENNSYLVANIA.
1/4 residue
1/4 residue
1/4 residue
1/4 residue
.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 b~st of ~knowledge and belief.-------~------------------bo and subscribed before
me this .!f day of ~19..~.t
Signature of Officer ~__~_
Title of Officer ~:...!~:.
Office expi res ~(!'td:.l 6 ~?.,.§1..
And your petitioner will ever pray,etc.
.,~..
Following advanced payments were made to the residuary
legatees in the amounts set forth and proper receipts"
.were obtained and are in the possession of the petitioner.
i
......'f~-
Margaret Boyd
Sadie Messner
Hannah Mae Harrison
Helen Ray
.$9,000.00
$9,000.00
$9,000.00
$9,000.00
3Jn tl1r (@rpQuns·monrt of :masqington (!Ionnig
In the matter of the Audit of Account in
./1
Estate of Lillian Alloway a./k/a
Miss Lillian Alloway ~/k/a
Lillian Mae Alloway
939 of 1968IN:>.-'--.-~_,19__,A. A.
.TO THE AUDITING JUDGE:~,~l'
our f Ra,lph'E.Ray,Administ.:r~t~r eTA'Enter__----:::.....:...~--,appearance or'-=--~__=_.:..____'_..!.......,_'__
N.B.-Counselshall,ty separate paper,present a concise statement of each
claim,with supporting calcuiation of any interest claimed.Objections
to an account 8S filed,shall be concisely 3tated in a separate paper.
Council suggesti::lg proper distribution shall HIe a separate concise state-
ment in that regard.
. I No.939 of 1968.'.19__•A.A.
In re Audit of Account in Estate of
Lillian Alloway a/k/a Miss
Lillian Alloway a/k7a
Lillian Mae Alloway
AUDIT
.'ra,rripr fJ?r .i\ppraranrr
FOR
Ralph_E.Ray,
Administrator eTA
·:d!~/)(~~9 oL
..._:~.TAttorney
.~~..oy."
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lin tqr ®rpqaus'monrt af lIas~ittgtau <ltauuty
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In the martel'of the..Et.n=it.gnQ..f..tn.aL .
Account of B~.lp.h-..~~..B.~Y.t .
.A.dID.tnis.t.r.9.,tO.r..G•...T.•._A•............_
ESTATE OF
..J;:~!.~t~.~.!::.~!~.y!.~y.J ...~/~!.~..M:.~?!?.);:~.!l~~.l!
.AllQY!..'C3-y.)...~!~!~..1.tnt.~n ..M.~~.Al~.9.W~y ,
Deceased.
No....9.3.9.....Of 19..§§,lfUX
.ADJUDICATION AND DECREE
And now .C?~.~~!?.~~!£,19.??,this matter came on for hearing,
audit and distribution at this session and testim~y'taken;and thereupon,upon due consideration
t~ieof ~~~Iance for distribution in ,the handsI ~f the Ac.countant.is d~term.in.ed to,be
$.J-••2 ,'"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.
Balance pe'r account .-----.
Additional debit asked at audit 4182.95
$..1~-,.l~Q ....Q.2
Additional credit asked at audit 2081.53-
$53,339.47
Balance _.._._._.......................................$..~J!}~?:..~.4
Deduct Clerk's Costs &Receipts - .
Attorney B.1Q.Qml._B.lQom.~..Ro.s.enb.erg..&_B.loom .
Russell Marino,Agent,transfer inheritance
tax,
Interest from 10-3 -68.to 10-27 -68
$4056.20
17.97
73.50
4074.17
Ralph E.Ray,Administrator C.T.A.,reaward for
Federal Tax contingencies.After the tax is fully settled
and the accountant's liability ceases,any balance of this
award remaining shall follow the distribution herein mad~
as it relates to the distribution of the balance and the
proportionate shares therein,and no further formal
accounting to the Court shall be necessary,
,s:
Russell Marino,Clerk o.C.,costs in certifying real
estate to Recorder,
John D.Woodward,Recorder,costs recording .,
".......;.•_.Icertificationofrealestate,._
Margaret Boyd,1/4 balance,including an undivided 1/4
interest in real estate as hereinbelow described,held in
kind and distributed as such at the appraised value,
credit to be taken by the accountant for funds advanced
prior to distribution by the Court,
4.00
7.50
10774.70
$43,106.27 n ~I1A.-/~·'fJ11 ~v,J.G
7
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$43,098.7 et
Sadie Messner,1/4 balance,including an undivided 1/4.
interest in real estate as hereinbelow described,held in
kind and distributed as such at the appraised value,
credit to be taken by the accountant for funds advanced
prior to distribution by the Court,10774.69
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Hannah Mae Harrison,1/4 balance,including an
undivided 1/4 interest in real estate as hereinbelow
described,held in kind and distributed as such at the
appraised value,credit to be taken by the accountant
for funds advanced prier to distribution by the Court,10774.69
Helen Ray,1/4 balance,including an undivided 1/4
interest in real estate as hereinbelow described,held
in kind and distributed as such at the appraised value,
cre.dit to be taken by the accountant for funds advancec
prior to distribution by the Court,10774.69
No balance
REAL ESTATE TO BE CERTIFIED TO THE RECORDER OF WASHINGTON
COUNTY BY Th~CLERK OF THE ORPffiNS'COU3T
Lillian Alloway,a/k/a Miss Lillian Alloway,a/k/a Lillie n Mac:;All way,devisor,
to Margaret Boyd,devisee of an undivided 1/4 interest;tp Sadie Messner,devisee
of an undivided 1/4 interest;to Hannah Mae Harrison,delrisee of an undivided 1/4
interest;to Helen Ray,devisee of an undivided 1/4 interE~t;each lit divided
I!
interest being in and to all the right,title and interest of the deviso ,in parcel,of
real estate described as,VIZ:
ALL THAT CERTAThf LOT OR TRACT OF U ND situatE in Union
Township,Washington County,Pennsylvania,bounded an~desc.ribe ~as follows:
BEGrnNThfG at a post on the public road;then~e by land pf A.Dempster,
North 390 30'East 17.2 perches to a post;thence by land of sai.d Dempster,North
480 30'West 14.3 perches to a post;thence by land of Ga.ton H~irs South 660
45'West 3.5 perches to a post;thence by the line of the right 0:wa of the Baltimore
aRailroad,South 41 15'West 10.97 perches to a post on he aforesa~d public road;
thence along said road,South 390 East 7.73 perches to a post;then<e by same
South 370 East 8.9 perches to the place of beginning.Captaining 1 ~cre 87.8
Perches,on which are erected a 2-story house,a frame stable and other buildings.
BEThfG the same property which vested in Li ian Allowe y and sale
heir at law of Minnie J.Alloway.See certification filed n Dee:i Beak 1099,
Page 371,Recorder's Office,Washington County,Penns Ivania.
CERTIFIED TO RECORDER:DECEMBER 4,1968.
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In the matter of the
account of
of Estate of .
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mus4iugtntt <1tnuttty,!is:
I,.J.Q.~.~p.hlD-.~M.!P.gJ~gl.~.s Register for the Pr~bate
of Wills and granting Letters of Administration,i1i and for the County of
I-Vashington and Comnw1l7.uealth of Pennsylvania:
To ,fj·~.J,P.b ~f••~I.B.~y _ _.
.c.t.e.,.,"
Administratorof all and smgular,tne goods and::hattels,nghts and cred1,ts
remaining uIUJd:ministered,which ~(}ere of....L1.11.1.~.n...AllQ.w!iS.".~Jk/,;
Lillian Mae Alloway...~.~.~.~~~.!.!~.~~~!.!.C?~.~l,..~(~!~_.late of the said County,
decease.d,wittz c copy of deceased's will annexed,GREETING:
~/k7:s,Lttl {li:~·!~~:·~~ii~t·~i~Y.···~!~!~·.J1~.~.§...~~J1J.~.P....AJ,Jow&y,
iJL.h.e.r .liferil"ite,Inade b.s.r :ast·Will and Testament in writing)
which was duly proved on the .7.~h day .Jf-JJJly A.D.,1%7..having,'l.vhilst sh.e...
lived,and at the time of.b.f}.~decease..divers.goods and chattels,rights and credits,'l.'Jithin the said County,by
tneans 7.vhereof the full disposition and power of g·nntittg letters of administration thereof,is manifestly
kno7f.m to belong to me;Therefore desiring that the goods and chattels,rights and credits which were of
the said deceased,and 'Which remain unad'/nimstered,may be well and truly administered,converted and
disposed of according to the tenor and effect of the sJ,id deceased's wiU and according to law,I do hereby
grant unto you the said B~J.P.~~.!~~!1..Y..
....a a a _..6 __.._..___.____ ___0 a _._••oo••••oo••••••oo oo••oo oo oo..oo oooooo••oo..oo••oo _.oo••oooo••oo .
............................................................................(in whose fidelity in this behalf 1 very much confide,)full
power by the tenor of these presents,to ad1'1-:.inister the goods,chaitels,rights and credit!remaining
unadministered,which were of the said deceased,within the said County,as also to ask,collect levy,re-
cover and receive the credits wha~soever of the said deceased,-which at the time of._9.fJJ..r..death 'Were owing,
or did in any way belong to..9.~.r...and to pay the debts in which the said deceased stood obliged,so far
forth as the said goods and chattels,rights and credits will extend,according to the1:Y rate and order of law;
especially of well and truly administering the gO.Jds and chattels,rights Gnd credits remaining unadminister-
ed,which were of the said dfceased,according tc the tenor and effect of said deceased's will,and according
to law;and making a true and perfect inventm:y and conscionable (Lppraiselnent thereof,and exhibiting
the same into the ,Register's Office,at Washington,on or before th.e ~:day of..
next,ensuing,and also a tnte and just account,calculation,and reckoning of your administration,upon
l .oath t d he '"f'J h ~your so ellm :~:oren er at t exptratzon a StX mont ~s,or w en legally thereunto re-
quired;and 1 do by these presents ordain,consti:ute and depute you,the said .
...........................~~~!p.~:..~!~.~y..
administra.t or c •t •s.,of all and singular the goods and chattels,rights and credits,'Which
remazn unadministered and whiclrwere vt1he said deceased,with a copy at said deceased's Will annexed,~
within the limits afore·said;sa7Jing harmless and forever indemnifying me and all other officers against
all persons by reason of 3'our administration afo...esaid,and saving all others their rights,&c.
I
~n Westimnny IIqerenf,1 ha've herezt1lto set my hand and affixed the seal of said office at
ltVashington,the..:...s.a.V.Bnt.h.day of.J.uJ.y in .~he year of our Lord
J
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one
.-
May 26
going to H~spitel:
if I shouldent come back I want Maggie Hannah Mae
Sadie·&'Helen Ray.:to ieek
look after,My house
Belongs I would like
Maggie to:haye the larg
Set of Dishes &,M8Pgi8~~'&
the small set for Hannah
Mae all :thing be divided
What they 'dont want give
'';;'-.,-.
Ralph E Ray
Salvation
Mrs Earl Bo,d
."
Li~li~n Al~oway
Mrs Geo ·Messner
..
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LETTERS OF ADMINISTRATION
~.'C.T.A.
,ESTATE OF
LILLIAN ALLOWAY························..·..·ii./i!·7s......·..·....·......···.-.
MISS LILLIAN ALLOWAY
a/k/s
LILLIAN MAE ALLOWAY
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF,:'.-
LILLIAN ALLOWAY a/k/a
MISS LILLIAN ALLOWAY a/k/a
LILLIAN MAE ALLOWAY
)
NO.276 OF 1967 o.C.
Y'
PETITION TC FIX ADDITIONAL SECURITY UNDER
SECTION 541 OF THE FIDUCIARIES ACT OF 1949
TO THE HONORABLE P.V.MARINO,President Judge of said Court:
The Petition of RALPH E.RAY,Administrator CTA
of the above entitled estate respectfully represents:
-1-
{-
That Lillian AIbway,deceased,a resident of
Union Township,Washi~gton County,Pennsylvan~a,died testate
on July 3,1967 and Letters of Administration CTA were issued to
-your petitioner by the Register of wills of Washington County,
Pennsylvania.
-2-
An Inventory and Appraisement has been filed and
the total value of the property shown thereon is $105,159.59.
The real estate in question was included thereon as follows:
Parcel of land consisting of 26 acres more or less having erected
thereon two frame dwellings and other out buildings situate on
McChain Road,Union Township,Washington Coun~y,pennsylvania;
Parcel of land consisting of approximately 41 acres having erected
thereon a two story stone dwelling and out buildings situate on
Elrama Road,Union Township,Washington County,Pennsylvania.
'...-'
',.
-3-
Your petitioner has filed a bond with the
Register of Wills through Aetna Casualty and surety Company in
the amount of $100,000.00.
-4-
(a)That your petitioner has entered into an
agreement with Ronald o.Dusmal and Marilyn P.Dusmal,his wife,
for the sale of the 41 acre tract for the agreed price of
$16,000.00 the purchase price to be paid in cash upon delivery
of the deed.
(b)That your pe£:itioner has entered into an
agreement with Russel:Joki and Ruth A.Joki,his wife,for the
sale of the 26 acre tract for the agreed pri=e of $23,000.00
the purchase price to be paid in cash upon delivery of the deed.
A more complete description of the premises by
metes and bounds is unavailable pending the completion of·a
survey.
-5-
There are no liens of record known to your
petitioner against any of these properties.The only expenses
involved in the sale ~ill be the normal expe~ses involved in
the sale of the real estate.
-6-
The following persons are parties in interest
of the estate,all of whom are sui juris and all of whom have
been given notice of the terms of sale in this petition and
all of whom have consented thereto:
'~argaret Boyd
Sadie Messner
Hannah Mae Harrison
Helen Ray
L
-7-
That your petitioner has made payment from the
cash assets of this estate in the sum of $34,500.00 as per court
order dated January 9,1968 at No.276 of 1967 O.C.and the
cash assets of the est~te have been reduced by this amount during
the administration to date so that your petitioner believes the
bond which presently covers him is sUfficient.
WHEREFORE,your petitioner prays your Honorable
Court to enter a decree waiving the entry of additional security
on account of the sale of the real estate described in this
petition-and authorize your petitioner to receive the proceeds of
the sale from the tracts of land hereinabove described for deposi
in the estate account.
BLOO~,BLOOM,ROSEImERG &BLOOM
....!-
..,
COMMONWE~H OF PENNSYLVANIA )
:SS:
COUNTY OF WASHINGTON )
.Personally appeared before me,the undersigned
authority,RALPH E.RAY,Administrator CTA of the Estate of
Lillian Alloway,petitioner herein,who,being duly sworn accord-
ing to law,deposes and says'that the facts set forth in the
foregoing Petition are true and correct to the best of his
information,knowledge and belief.
Administrator CTA
Sworn and subscribed to
before me this /.ptl..day
of Jz~,1968•
•~···~:UBU'
ROWENE EBELING N ~8 1969NEXPIR-s FEB.I
MY COMMISSIO WASH\~G"ON CQUN'N
WASHINGTON,
-----,.------------------------------------------,--~
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF:J
NO.276 OF 1967 o.C.
LILLIAN ALLOWAY a/k/a
MISS LILLIAN ALLOWAY a/k/a
LILLIAN MAE ALLOWAY
o R D E R
AND NCW to >Tit,this ~y of
1968,upon consideration of the annexed ORDERED
,
and DECREED that Ralph E.Ray,Administrator CTA of the Estate of
Lillian Alloway,be excused from entering additional security on
account of the sale of the two tracts described in the within
petition andthat he is further authorized to receive the proceeds
of the sale of this real estate for deposit in the estate account
after the payment of all necessary expenses in connection with
sale.
IN THE ORPHANS'COURT OF
WASHINGTON COUNTY,PENNA.
NO.276 OF 1967 o.c.
IN RE:
ESTATE OF:
LILLIAN ALLOWAY a/k/a
MISS LILLIAN ALLOWAY
a/k/a LILLIAN MAE
ALLOWAY,dec lid.
P~T1.T1.0N
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,.~LAW OFFICES
BLOO;:BLOOM,ROSENBERG &BLOOM
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
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COpy OF INVENTORY
Ralph E.Ray
Lillian Alloway alk/aMlss Lillian
Alloway aIkIa Lillian Mae All~ay
Notary Public
Lillian Alloway ah/a Miss 'Lillian Alloway a/kla LillianllaeA.U.oyW '
68
,.
DOL~ARS CENTS
Liifl1JfN!iljilHffiy2\RlI"'WR&of the goods and chattels,rights and credits which were
of······:·..···_..·..·If~l~i.ftot~~~!~~..·..~(~(~~~.~.~.~a'Itf.~.~~.~.~.~~.~.~~..!~~.~.~~~.~~.
Washington County,Pa.,taken and made in conformity with the abOTJe aDidavit.
1,057 00
25 00
25,000 00
25,300 00
13,260 00
..
Automobile
Western Pennsylvania Nat'l Bank
Finleyville,PenDsylvania
Savings Account Ho.5134
Bal.as 01 1/3/67
Savings Account •Pgh Nat'l Bank4thAvenue.,Pgb.,Pennsylvania
Account Ho.'186689 ....Bal.as of 1/5/67 ,
Checking Account ....WesternPenDsy1vania Nattl.BankFinleyvilleOffice
Balance
Household Goods
Savings Account •Mellon Hatll Bank
P~.01f1ce,Plb.,PennsylvaDia
Acct No.20424 -Bal.as of 6/20/67
PERSONALTY:
"
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COPY OF INVENTORY
Ralpb E.na,
Lillian Allo.wa,aIkIa Miss LillianAllowaya/k/a Lillian Mae Alloway
,.
68
.-
..
"
Notary Public
tliit:g tlig::J ~!ll!iaD
Mae Allowa,
,
...
..
----....<r;,.)JI~ff.tJI'J=~JlJlr"ts~Ylrttt,of 'the g~ods ~nd chattels,rights and credits which wereLlttXttowaJi'lttA ttl!an Finleyville,Union Twp.,of··..···········..·be·....·ftO\YIl,..-···· ·~ate 01.,.
Washington County,Pa.,taken and rrwde in conformity with the ah~e afJUJavit.
DOLLARS CENTS
REALTY:
Parcel of land consisting of 26 acres more or less
havlng erected thereon two frame dwellings and other
out buildings situate'licChaln Road,Union Twp.,
Washington,Count"Pennsylvania 19,000 00
Parcel of land consist1ng of approx1lllately 41 acres
having erected thereon a two story stOlle dwelling and
outbuildings situate Ilraaa Road,Union 'hlp.,Wo.I.shiugton
County,PenDSylvania 13,500 00 .
Parcel of land consisting of 1 acre 81.8 perches having
erected thereon a two story frame dwelling situate Village
of Gastonville,Union Twp.,washington County,Pennsylvania?,000 00
:9 /057/5 ~sy-\
\
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.~.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)··ESTATE OF:)·•LILLIAN ALLOWAY a/k/a )
MISS LILLIAN ALLOWAY a/k/a:NO.276 of 1967 O.C.
LILLIAN MAE ALLOWAY)·•)
PETITION FOR DECREE AUTHORIZING ,SETTLEMENT
UNDER SECTION 513 QE.nm.FIDUCIARIES
ACT OF 1949 AS AMENDED
AND NOW,comes RALPH E.RAY,Administrator C.T.A Ii
of the Estate of Lillian Alloway,deceased,and petitions your
Honorable Court as follows:
-1-
The Register of Wills of Washington County,Pennsyl-
vania issued Letters Administration C.T.A.to your petitioner
in the above estate on July 7,1967 and these letters are of
record in Will Book Volume 104,Page 155.
-2-
That under the terms of the writing admitted to
probate,the decedent left all or part of her estate to the
following named persons:Margaret Boyd,Sadie Messner,Hannah
Mae Harrison and Helen Ray.
.-3-
That after probate of the writing above referred to
the sole heirs at law of the decedent t Ruth Parks,Lola Wortman,
and Katherine Davis petitioned your Honorable Court to set aside
the grant of letters to Ralph E.Ray for certain reasons whiCh
they alleged in their petition filed at the above number and
term.
-4-
That after a hearing before your Honorable Court
in which testimony was taken it was decided among the parties
that a settlement of their controversy should be made and to that
end,.certain stipulations were drawn and agreed to by all parties
concerned"
-5-
A copy of the stipulations referred to in Paragraph
4 hereinabove are attached to this petition and marked Exhibit
"AU"
-6-
Your petitioner asks leave of your Honorable Court
to make partial distribution from the funds of the Lillian
Alloway Estate to Lola Wortman,Ruth Parks,and Katherine Davis
under the terms and conditions of the stipulations hereto
attached,in exchange for a full release of all claims by Lola
Wortman,Ruth~:·parks}~·and Katherine Davis"
WHEREFORE,your petitioner prays your Honorable
Court to enter an Order approving the stipulations attached to
~is petition and impowering your petitioner as administrator
C"T"A"of the Estate of Lillian Alloway to make distribution in
accordance with the terms ,of the stipulations hereto attached"
BLOOM, BLOOM,ROSENBERG &;BLOOM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
•.
)
SS:
Personally appeared before me,the undersigned authority
RALPH E.RAY,administrator c.t.a.of the Estate of Lillian
Alloway,deceased,who,being duly sworn according to law,.deposes
and says that the facts set forth in the foregoing Petition are
true and correct to the best of his information,knowledge and
belief.
Ra~ph E.Ra~administratorc.t.a.
Sworn and subscribed to
before me thi~f,.tJ lJr-day
of December,1967.
.EsTHER E:WAUGH;'~NOTARY PUBLIc
'~My Commission Expiies March 23,1970
W~h~ngton,Pa.Washington CQIJ.Q,~
.'
IN THE ORPHANS'COURT OF WASHINGTON COUNTY"PENNSYLVANIA
IN RE:
ESTATE OF:
LILLIAN ALLOWAY a/k/a
MISS LILLIAN ALLOWAY a/k/a
LILLIAN MAE ALLOWAY
)
••)
·)
••)··)
STIPULATION---------.....,.....-
MADE this ~ay of December,1967,by and between RALPH
E.RAY,Administrator c.t.a.of the Estate of Lillian Alloway,
deceased,MARGARET BOYD,HANNAH MAE HARRISON,SADIE MESSNER,and
HELEN RAY,Legatees under the Will of said decedent,Parties of
th~First Part;
and
LOLA WORTMAN,KATHERINE DAVIS,and RUTH PARKS,first cousins of
Lillian Alloway,deceased,and the only persons entitled to share
in the estate of said decedent under the Intestate Act of 1947,
Parties of the Second Part.
WHEREAS,Lillian Alloway late of Union Township,
Washington County,Pennsylvania,died testate on July 3,1967;
and
WHEREAS,a certain writing was admitted to probate as
her Last Wi}.l and Testament by the Register of Wills of WashingtoI
County,Pennsylvania of record in Will Book 104,page 155;~nd
WHEREAS,Letters of Administration,c.t.a.were issued
on her estate to Ralph E.Ray by the Register of W1lls;and
WHEREAS,the written instrument names Margaret Boyd,
Sadie Messner,Hannah Mae Harrison,and Helen Ray to receive
all or part of her estate;and
EXHIBIT "A"
WHEREAS,the Parties of the Second Part have petitioned
your Honorable Court in proceedings filed at No.276 of 1967 O.C.
to revoke the grant of Letters of Administration c.t.a.by the
Register of Wills to Ralph E •.Ray;and
WHEREAS,a hearing was held before your Hon~Table Court
on October 17,1967 at which time certain testimony was taken
from those persons claiming under the Will and those claiming
under intestacy;and
WHEREAS,the evidence produced,!he attitude of the
parties,and the circumstances surrounding the execution of the
instrument,and the relationship of the parties by blood or
otherwise to the decedent,causes those involved in this dispute
to regard this as a matter that in.good conscience should be
settled for the benefit of all parties concerned.
NOW THEREFORE,in consideration of the mutual promises
and covenants and releases hereinafter more specifically set
forth and for other good and valuable consideration,and intending
to be legally bound thereby,the said Margaret Boyd,Sadie Messner,
Hannah Mae Harrison,Helen Ray,Lola Wortman,Katherine Davis,
Ruth Parks and Ralph E.Ray agree subject to court approval as
follows:
1.Ralph E.Ray,Administrator c.t.a.of the Estate of
Lillian Alloway,deceased,shall on or before January 22,1968
pay to A.J.Marion and Jay W.Troutman,as attorneys for Lola
Wortman,Katherine Davis,and Ruth Parks,the sum of $34,500.00
to be considered as an advance distribution of $11,500.00 to each
of said three first cousins of said decede~t and in full payment
of their distributive share in said estate,and in full payment of
any ·and all claims which the said Lola Wortman,Katherine Davis,
and Ruth Parks,and their heirs,may have against.the Estate of
Lillian Alloway.
.,':
2.The Estate of Lillian Alloway shall be responsible
for the payment of all taxes due as a result of the death of
Lillian Alloway which shall be levied against the estate or on
account of inheritance including federal and local taxes and the
said estate shall save harmless Lola Wortman,Katherine Davis,
and Ruth Parks from any liability whatsoever an account of any
tax which may be due or which may be imposed upon the payment of
the sum set forth hereinabove.The estate,however,shall not
be liableif for any reason any taxing authority determines that
the sums hereinabove set forth are income due the recipients,and
any such determination and the liability imposed thereon shall
be the exclusive responsibility of that person receiving the said
sum.
3.Ralph E.Ray shall continue to a~~inister the Estate
of Lillian Alloway and Lola Wortman,Katherine Davis and Ruth
Parks on behalf of themselves,fueir heirs,executors,administra-
tors and assigns,hereby renounce any right which they may have
to administer the said estate.
4.Upon the completion of the administration of the
Estate of Lillian Alloway and the payment of all claims,includ-
ing taxes,which may be due,the balance for distribution,
whether in cash or in kind,at the time of audit shall be paid
in four equal shares to Margaret Boyd,Sadie~Messner,Hannah Mae
Harrison,and Helen Ray'or their heirs.
5.It is specifically understood among the parties
hereto that this stipulation is entered into based upon the inven-
tory value of the e~tate which accurately sets forth the true
estimated value of all property,real,personal or otherwise
belonging to the said Lillian Alloway on the date of her death
and that any change in the inventory value whether it be an
increase or a decrease due to loss shall in no wise affect this
stipulation.
.,'r·•
6.Upon payment of said sum of $34,500.00 on or before
January 22,1968 the Parties of the Second part,jointly and
severally,release and discharge the Parties of the First Part,
jointly and severally,of and from any and all demands,claims,
and causes of action which they now have or claim to have and
accept said payment in full settlement of their distributive
share,and of any claim which they have,jointly and severally,
now or at the time of distribution in said estate,and agree to
have said proceedings at No.276 of 1967 o.C.terminated with
prejudice and without any right of appeal or review therefrom.
The Parties of the Second Part agree that this release may be
filed of record in any proceeding in this court or any court of
competent juriSdict~on and serve as a complete defense to any
claim which the said Lola Wortman,Katherine Davis and Ruth
Parks,jointly and severally,their heirs,executors,administra-
tors or assigns,may have against the Estate of Lillian Alloway
or the Parties of the First Part.
7.The Parties of the First Part,jointly and severally
release and discharge the Parties of the Second Part,jointly and
severally,of and from any and all demands,claims,and causes of
action which they now have or claim to have and covenant that
said payment of $34,500.00 is made without any right of reimburse-
ment from the Parties of the Second Part,or any of them.
IN WITNESS WHEREOF,the parties execute this agreement
and express their intention to be legally bound.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY I PENNSYLVANIA
IN RE:)··ESTATE OF:).··LILLIAN ALLOWAY a/k/a )NO.276 of 1967 O.C.
MISS LILLIAN ALLOWAY a/k/a :
LILLIAN~E ALLOWAY )
••)
AND NOW
consideration of the
o R D E R--_.......-
(j},tt
to wit I thisl ~day of January,.1968 upon
within petition and upon motion of Bloom,
I .
Bloom,Rosenberg and Bloom,attorneys·for the petitioner,it is
hereby ORDERED,ADJUDGED and DECREED that the stipulations
attached to the petition are hereby approved and Ralph E.Ray,
Administrator C.T.A.of the Estate of Lillian Alloway is author-
ized and directed to make payment to-Lola Wortman,Ruth Parks
and Katherine Davis in the sum of Thirty-four Thousand Five
Hundred and 00/100 ($34,500.00)Dollars in exchange for their
releases 6f any claim which they may have against the Estate of
Lillian Alloway and that the petition and stipulations are
ORDERED filed and the suit at No.276 of 1967 O.C.is ORDERED
discontinued.
,,
'"
'\
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A ~7 G·:i /7'(7 (3-~/
Ii
IN THE ORPHANS I COURT OF
WASHINGTON CO.,PENNA.
fl;f "&,/,jI'f'~sr
NO.276 OF {967 O.C.
IN RE:
ESTATE OF:
LILLIAN ALLOWAY a/k/a
MISS LILLIAN ALLOWAY
a/k/a LILLIAN MAE
ALLOWAY
PETITION
..-.Ibr
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LAW OFFICES .t~,
BLOOM,BLOOM,ROSENBERG &BLOOM
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
J ~{)-0£~
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f G r Ie.-·o r 0 ~t:.t';j $:t ~0,•
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,
FIRST AND FINAL ACCOUNT of
RALPH E.RAY,·'··'·Administrator CTA
of the Estate of LILLIAN ALLOWAY
a/k/a Miss Lillian Alloway a/k~a
Lillian Mae Alloway,
deceased
The Accountant is charged with the following:
---------------------------------------------------------------
Balance per Inventory and Appraisal --------------$105,159.59
Gain on .sa1e of Real Estate
to Dusma1 inventoried at $13,500.00
Rental during administration
Rental on gas lease
Interest on savings accounts
Refund -newspaper
Refund -fire insurance
Refund -Internal Revenue Service
Gain on sale of automobile
2,':.00.00
'793.00
349.86
1,145.18
1.00
8.00
67.58
125.00 4,989.62
Advance distribution as per Order
dated January 9,1968 of 276 of
1967 o.C.
$110,149.21
34,500.00 34,500.00
Total Assets of Estate ---------------------------$75,649.21
Total credits claimed by accountant ---------------26,492.69
Balance for Distribution --------------------------$49,156.52
The Accountant claims credit for the following:
Josephine M.Douglas
Observer Reporter
Washington Co.Reports
Robert P.Van Voorhis
Memorial Hospital
Union Township
Union Township
Washington County
Albert Devore
Jessie M.Allridge
Ltrs.CTA $15.50
Advertising 12.50
Advertising 12.50
Appraisal 35.00
Last Illness 1,383.59
1967 Township Tax 59.10
1967 School Tax 449.68
1967 County Tax 127.01
Appraisal 25.00
Grave care 20.00
Nelson Allridge
Greenhouse
Equitable Gas
West Penn Power Co.
Pierson and scott
Josephine M.Douglas
Sadie Messner
Robert Messner
Ed Faulk
Bell Telephone
Kurtz Monument
F).owers
Fire insurance
3 She cert.
Reimbursement for minister
Opening sewer
Rubbish removal
Lettering
6.30
117.80
95.41
124.00
3.00
20.00
5.00
I
15.00
6.72
42.50
walter L.Kennedy
Funeral Home
M.S.Stevenson,M.D.
Ed Faulk
Anderson &Pollock
Josephine M.Douglas
Jackie Hammond
Funeral 2,073.25
Last illness 205.00
Auto inspection 3.68
Bond premium 460.00
Filing Answer 1.00
Copy of Transcript 29.20
J.D.Sevick
Russell Marino
Ronald Dusmal
John D.Woodward
Ralph E.Ray
;.
Maintenance 13.57
Inventory 33.50
Pro rata 1/2 real estate tax 78.10
Pa.Transfer Stamps 160.00
Administrator Commission 4,654.78
Bloom,Bloom,
Rosenberg &Bloom
John McClure
Russell Marino,Agent
Robert P.Van Voorhis
Attorney Fees
Survey
Part paYment Inher~tance
Tax
Real Estate Cornmiss~on
Total
5,355.00
350.00
10,000.00
500.00
$26,492.69
----------~-----------------------------
~'.
Ralph E.Ray
120 Vanwyck Avenue.Pittsburgh,Penna.,iBLOOMbBLOOM,ROSENBER~:•and BL OM~..."'1;,
'.Attorneys '.',:r
.!'6767.Weq.-3t
r.
Observer -Reporter-
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 appeared before file,a Notary Public :n and for said County
and State,Ri.c.h.a.r.d S.CQWa.n..,"Nho being duly sworn
according to law,deposes and says that he is the s..e.c..~.y'&r.r.e.a.s.•
of the Obs'erver Publishing Company,a Pienooylvani:a corporation,and its
agent in thIs behalf;that the said Company is the owner and publisher of
the ObserVer-Reporter,succ'essor to The W.ashingtoIll Observer,established
Sept£mber 18,1871,and The Washington Reporter,established August 15,
1808,a daily newspape,r of general circulation,printed and published and
having its place of business at Washington,Washington County,Pennsyl-
vania,where it or its predecessors have been established and published
continuous'1y for more than six months'prior to the publication of the notice
hereto attached;thlilt the printed notice or advertisement hereto attached
is a eopy of an official advertisement,official notice,legal notice or legal
advertisement,exactly as printed or published in the Observer-Reporter in
its regular editions on the following date or dates;.
.............................July.l,9.~..:.26 an.d...Aug.us.t.2.~~96.7 _ .
·that neither th!e affiant nor the Observer Publishing Company is interested
in the subject matter of said notice or advertising and that all of the allega·
~~.thi.""davit .,'0 'h'::':12Z::::Ze:::n
ADMINISTR.ATOR'S ;NOTICE _Estate of Lillian!~oway a/k/aMissLilli!l\l.Alloway,a/k/a"Lilli~1
Mae Alloway,deceased late of UnionjTownship.washington,County,,Penn·
sylvania."•,Letters Adininistr,ation C.T.A.upoIljtheabovee s t.a t e having be~1grantedtotheundersigned,all per:j
sons having claims against the eso:
tate are requested'to make known,the same tc the undersigned or his,
attorney and all persons indebted to,the"deceden~'are requested to makepaymenttotheundersignedwithout
delay.
Sworn to and
W.26782
subscribed before me this 2.daY;of.Augus.t l.9.67···~2'14Ka:ii~~~
WASHINGTON,WASHINGTON COUNTY
MY ~OMMI5SI0N EXPIRES MAY 6,1961
--------------------------------------...,
Washington County Reports ~
~
Washington,Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATIOl')
Estate Notices
The Register of Wills has granted letters,
testamentary or o~administration,in the
following estates.Notice is hereby .given
to all persons ind~bted thereto to make
payment without celay and to thos~hav-
ing claims or demands to present t:heni·
for settlement to the Executors or Admin-
istrators or their Attorneys.l'.................,
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 1:5,329,P.L.
1784 Sec.3,paragraphs (3)and (25).
COUNTY OF \VASHINCTON )
STATE 0)'PENNSYLVANIA (SS.,
Personally aweared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who,being duly sworn,d~poses and
says:that he is the Editor of the WASHINGTON com..rTY REPORTS,the
official legal periodical for said Wa~hington County,publis'hed weekly having its
place of business at Washington,Washington County,Pelll,sylvania,and is act-
ing as its agent in this behalf;that the said WASHlNGTON COL'NTY
REPORTS was established on March 31,1920,and was designated as the official
legal publication for Washington C:>unty,Pennsylvania,by order of the several
courts of.said County,dated Novem::'er 11,1920;that the printed notice or adver-
tisement attached hereto is a copy cf a notice or advertisement,exactly as printed
or published,which appeared in the said legal periodical in its regular issues on the
following dates:
ALLOWAY,LILLIAN,'t-a/k/a MISSLILLIANALLOWAY,a/k/a LIL-LIAN MAE ALLOWAY,Dec'd.
Late of Union Township,WashingtonCounty,Penna.
Administrator C.T.A.:Ralph E.Ray,120 Vanwyck Ave.,pittsburgh,Pa.
Attorneys:Blc·om,Bloom.Rosenberg&Bloom,200 Washington Trust Bldg.,Washington,Pa.
....._..~~.!.y ?.2.!?..?..t ~.~.~?._..__.
....._..AYgy.~t ~.LJ~.~?__..
I
that the affiant or t~le corporation ill behalf of which he is acting is no:interested
in the subject matter of said notice aT advertising and that all of the aliegations of
,h;"ffid.~,"~d :.(Q.:!iZti::..~
~~~;
Sworn'to and s ed before me this
3rd..j--Aul;~stL_-TlSZ""-+-~:::><:::;;;......:.p da:of ;:;,~.·····~···~N·~
teA.TH5RINE C.YARD,Notary p..
Z __------------------------~=-Washington,Wash'ngton .Co.,p~
M'I Commissi<;n Expires
November 1,1969 -----------==
~.
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,~55:
The within named Accountant being duly sworn according to law,depose and say that the above account
as started is true and correct as t...v~rily believe.
,r/:
Sworn and subs ribed be,fore me this 1..crdayof_.,.'_,19 .
ROWENE EBELING NOTA PUBLIC
MY COMMISSION EXPIRES FEB.8.1969
WASHINGTON,WASHINGTON COUNT'(
--I#$~----------------------------
Washington County,ss:.I do certify that I have given legal notice to all persons
concerned of the filing of the within account in the manne.r
~~:;:~;~.d~t~:.e~~d_&~~&'r~'("e!~c~proofs
Wltnes,my hand nd oll;dol 'eol "',,4_~~
day of........................._19../e .
e.:~~..~_.
Register of Wills
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The Court is respectfu Ily requested to determine
proper distribution in this estate.
LL~~
Counsel for Accountant
--------------------------------------...
4
MR.TROUTMAN:If the Court please,this case comes before
Your Honor on an appeal from the grant of letters of administration
CTA by the Register of Wills in the estate of Lillian Alloway,
tieceased.The hearing involves issues raised by the Petition
for Citation and the Answer.The Petitioners contend that the
~Register disregarded the order of appointment as set forth in the
Fiduciary's Act"and failed to give notice of the ar:plication for
letters to the Petitioners who are first cousins of :he decedent,
z"~and entitled to share in the estate under the Intestate Law.The2
:II
lI';Respondents require proof that the Petitioners are first cousins of
•
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the decedent,and claim that the informal writing which has been
admitted to probate as the last will of the decedent gave the entire
estate to the persons named in the paper.
Now the decedent in this case died on July 3,
1967,and letters were granted Ju.ly 7,1967 to Ral?h E.Ray,the
persons named in the informal paper having filed renunciations.
An appeal was filed August 16,1967,and later the Petition for
Citation was presented and served,and on September 8,the
Respondents filed an Answer.
THE COURT:
MR.TROUTMAN:
yes,sir.
THE COURT:
All right.You are appealing from the ppobate.
From the grant of letters of administration,
You may proceed.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,t
PENN,,"yLVANIA .
;-"'''::
;It I",)
-.J
=:E ':J
:::-f71 ~:'1)i~>c__~
and
No.276 of 1867,O.C.
)
)
)
)
)
)
)
Tuesday,October 17J 1967,at 10:00 A.M.J
EDST.
MILTON D.ROSENBERG"ESQ.,t of
Washington,Penna.,rer:resenting the
Res pondents .
A.J.MARION..ESQ ...of Waynesburg,
Greene County,represer..ting the PetithPa.,ners
JAY W.TROUTMAN..ESQ.,t of"ashington,Pa.,
,::r::-:-'-J'
HEARING ON APPEAL FROM QRANT~i~~
LEi 'ION C.T ;:;k:>
I ~~~
~~~.
THE HONORABLE P.V~@Ei.~
President Judge of the s::;'ld Co T MA;:eINO..rt.
!
I
I
ESTATE OF
IN RE:
aie:1&1l-e:oD.IIIa:
l-e::Jo
U
.J
c(
u
ii:u.o
...:uii:lii BEFORE:o
.J
~
U
o~APPEARp!NCES:
~I~I
~LILLIAN ALLOWAY..
z~>~Deceased.
1IIzZ1&1II.
ZoI-~Z
:r
1II
~~
]TIME:
l
•
•
•
I
I
I N D E X.I
WITNESS Direct Cross Redirect Recross I
GUY A.ROGERS 6 8 r
II'•SADIE MESSNER 10
SHERMAN H.SIEGEL~Esq.23
0(
~RALPH E.RAY 27
>.J:-gKATHERINE DAVIS 35 40
tiII.gRALPH E.RAY 46 76 77
to.,..~SADIE MESSNER 78
n
0(
:=MARGARET BOYD 89 99.:0~HANNAH MAE HARRISON 107 111•Q
.J~HELEN RAY 111 119
Q
:J.,
~
~Petitioners'witnessesoin
.Rebuttal:IIIII:IIIto~LOLA WORTMAN 121 126 135 136
L!Il~
~KATHERINE DAVIS 137 138
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~Res pondents I witness in...~Sur-Rebutt9d:
RALPH E.RAY 143 144
EXHIBITS
Petitioners'Exhibits:
A colored photograph of three persons~Lillian Alloway~Katherine
Davis~and Lola Wortman~presented on page 17,and admitted
into evidence on page 42.
An envelope postdated Finleyville~Pa.~December 20,1966"addres ed
to Mrs.Lola Wortman~Clarks ville~Pa.,containing a Christmas
card from Lillian Alloway~presented on page 122,and admitted
into evidence on page 142.
MR.TROUTMAN:If the Court please,this ca3e comes before
4
Your Honor on an appeal from the grant of letters of administration
CTA by the Register of Wills in the estate of Lillian Alloway,
aeceased.The hearing involves issues raised by the Petition
for Citation and the Answer.The Petitioners contend that the
Register disregarded the order of appointment as set forth in the
Fiduciary's Act,.and failed to give notice of the application for
letters to the Petitioners who are first cousins cf the decedent,
and entitled to share in the estate under the Intestate Law.The
Res pondents require proof that the Petitioners ar-e first cousins of
the decedent,and claim that the informal writins which has been
admitted to probate as the last will of the decedent gave the entire
estate to the persons named in the paper.
Now the decedent in this case died on July 3,
1967,and letters were granted JU,ly 7,1967 to Ralph E.Ray,the
persons named in the informal paper having filea renunciations.
An appeal was filed August 16,1967,and later the Petition for
Citation was presented and served,and on September 8,the
Respondents filed an Answer.
THE COURT:
MR.TROUTMAN:
yes,sir.
THE COURT:
All right.You are appealing from the pt:obate.
From the grant of letters of administration,
You may proceed.
MR.TROUTMAN:I'd like to call for a first w:.tness,Mrs.Sadie
5
Messner for cross examination.Is she here?
MR.ROSENBERG:If the Court please,I am not sure which pro-
I.
I
i
cedure Your Honor would like to follow,I had thought that perhaps
first we should call Mr.Rogers of the Register of Wills Office
to prove that the will was probated,and then,I believe,as I under-
stand,this then shifts the burden to Mr.Troutrran.I am merely
stating this for the sake of making an orderly record here ....oI-~THE COURT:Well,of course,I can see ~r.Troutman's
::tIII-:~point of view.He is going under the assumption that there is no
•
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probate,I presume,but you still have a writing that is the decedent's.
At this juncture it is the decedent's will,and the Register pro-
bated the will,as I understand it,and issued letters CTA because
;:,..
C'!there was no representative mentioned in the wi:l.So that I believe
1£a~we have at least prima facie a probated will.aC00~MR.ROSENBERG:If I might state further,Your Honor,in
l-II
l
Ct:addition to that.in the petition filed here,it is ~dmitted that this
is a testamentary instrument or will,as I understand it.and what
those who object are attempting to do here is sa:{that the will
doesn't dispose of everything and that there is a partial intestacy.
They are not saying that this isn't a will to the extent that it goes.
Our position,of course.as Your He;nor knows,is that it is a
complete will.So that under either side,I believe we have a
~-~~---------------------------------------------,
Guy A.Rogers
6
testamentary instrument.
MR.TROUTMAN:We have no objection to having---we have
•
raised no objection,Your Honor,in this proceeding,to the testa-
mentary writing;but since Mr.Rosenberg has called attention to
the fact that Mr.Rogers is in Court,perhaps a few questions
to call Mrs.Messner at this time.
would clarify the record initially and I will withdraw my request:5..:c~>Q
0:
Li~THE COURT:We will permit that procedure,Mr.Rosen-
•
oI-o...berg.
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uii~GUY A.ROGERS IS·CALLED AND DULY SWORN.
i=..."DIRECT EXAMINA TION BY MR.ROSENBERG:
~a:~Q What is your name,sir?
cIIIII
III A Guy A.Rogers.l-It
~Q And what is your position at the Register of Wills Office?..
~~A Deputy Register of Wills of Washington County.
c
Q And as such,at our request did you bring with you the official
papers of the Register of Wills Office with reference to the will of
Lillian Alloway~deceased?
A I did.I have them in my hands.
Q You have those with you?
A Yes.
Guy A.Rogers
-----------------~
7
Q Now Mr.Rogers~is the will dated May 26~which is attached to
the official recordsJ'the will that was probated by the Register of
•A
Q
Wills Office?
It is.
And would you be so kind as to state the date upon which this will
On the 7th day of July..1967•
And pursuant thereto..were letters of administration CTA issued
~was so probated?
:!:
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EQ..i5..~by the Register of Wills Office of Washington County?
Q And is he the party to whom letters of administration were issued b
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too
A
They were •
And to whom were they issued and on what date?
Issued to Ralph E.Rayon the 7th day of JUly,1967•
And were there renunciations signed and filed by the testamentary
legatees under the will ?
Renunciatio.was filed by a note from Hannah Mae Harrison..
requesting that Margaret Boyd act on her behalf.Renunciation
signed by Maggie Boyd.Sadie Messner.and Helen Ray.
And are these renunciations made in favor of Ralph E.Ray?
They are.
A That's right.
Q If the Court please.although I realize that these papers referred
to are a part of the record of the Register of Wills Office..I would
Guy A.Rogers
respectfully ask that they be made a part of the record of this
case and made a part of the official papers herein.
8
hadn't been done prior to this morning.
certification of them several months agoJ and I am sorry that it
You may cross examine.
this record by reference.
•
MR.TROUTMAN:
0(THE COURT:
z0(~>enzz~Q
If Your Honor pleaseJ we requested the
The papers adverted to are made a part of
•
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~CROSS EXAMINATION BY MR.TROUTMAN:
lI:~~Q Mr.Rogers)I noticed there some paper attached to your will
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J:..~of this record.Now who furnished that information?
lfiffi A The attorney.
l-ll:o~lI:Q Wh ?-at attorney.
l-ll:5 A BloomJ Rosenberg and Bloom.u
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0(~Q And is that their papers?
II.o•A We requested that on a handwritten will.It's pretty hard to make
out a handwritten willJ so we request a typew:-itten copy from the
attorney.
Q Did you compare it with the other?
A I presume it was compared.
Q Let's take a brief minute.I see a period after hospitalJ after the
If the Court pleasel the only reason for our
If the Court pleasel we will stipulate that
question was to ask the Court at this time to direct the Deputy
the handwritten words of the will.
It appears to me just at first glance to be very carefully following
copy for Your Honor to follow,since it was made up in that office.
the Register of Wills Officel and perhaps that would be a better
the written will speaks for itself.I might point out,Your Honorl
that on the letters of administration that were subsequently issued,
No"I guess not.
as Your Honor knows1 there's always a copy put on made up by
the will stands for itself.If one of the girls put a period or did
anything that in any way slightly changed,we -nill stipulate that
MR.TROUTMAN:
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L A I don't think this will is a typewritten will.Thatts their interpre'"
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I-~tation.I think this is the original will as probated.
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;Q Is there an "s"on the thing?
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Guy A.Rogers 9
end of the first three words~and ask you to go to the original
will and see if there is a period.Is there a period after hospital?
I ·A I guess there is not.
I Q Let's go on to this paper then again here.I call your attention to
I
I •I
"all things be jividedl "
I
another phrase in the last partl I ask you I
0(to see if you can find if there is an "s"on thing in the paper ad-f
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Guy A.Rogers 10
Register of Wills to remove the typewritten copy that Mr.Rosen-
berg furnished.It's no part of the official record.
and I wouldn't want to see any papers removed from their official
that the Register of Wills requests in the ordinary course of things
I see no reason for that.This is somethingMR.ROSENBERG:
1
j
~records.
z~>~THE COURT:It is of no moment at this time whether it
g)zz:remain in the record or not"because it is not conceded by anyone
•
io~or by this Court to be a proper and true and correct copy.Wez
z:
WI;have the will in the record and we have a photocopy of the will in
the record"and that is what the Cour t is going to go by.
of the will,)we now believe.Your Hcnor"that the burden shifts
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TROUTMAN:
ROSENBERG:
Thatfs all the questions I had.Mr.Rogers.
For the record"having proved the probate
SADIE MESSNER IS CALLED AND SWORN.I.
lti~to the other side.l-ll:oDo~THE COURT::
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Very well.
GROSS.'EXAMINATION BY MR.TROUTMAN:
Q Mrs.Messner"where do you live?
A Finleyville.R.D.#1.Or Gastonville.I guess we'd call it.
Q That is in Washington County?
Sadie Messner 11
A Yes.
Q Now you knew Lillian Alloway"did you not?
A I surely did.
I •Q And did Lillian Alloway have any children?
I I
A No.
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~Q Was she ever married?
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I ~A No.',
ZIIIQ.
iQ Did she have any brothers or sisters?
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~~A No.:J:UI
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~Q Would you speak,a little louder"please"so the other folks in the
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.Q Now what relation was she to Lillian Alloway?
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irA Her mother.0Q.III
III:I-Q Did you know Ora Alloway?
II:
:J0~A Yes",I did.
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j;:Q And what re lationwas Ora Alloway to Lillian?""0
I •A Her father.I
I
Q Did you know John Stilley?
A Yes.
Q And what relation was he to Lillian?
A Her uncle.
Sadie Messner
Q Now did John Stilley have any children?
A No,he was never married.
12
A Her grandmother,yes •
Q Did you know Elizabeth Stilley?
•Q That is Lillian Alloway's grandmother.
•
~A Yes.
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:>~Q And what was the name of Lillian Alloway's gr:mdfather on her
IIl:l:~mother's side?
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~A Jerry Stilley.
I:III~Q That is S TIL LEY?
~A Yes •
How many children did Jerry and Elizabeth Stilley have to their
marriage?
:xI-"~A A boy and a girl.
I.
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Q
And would you give their names please?
John·Stilley and Minnie Stilley.
And Minnie Stilley later married Ora Alloway",is that correct?
Yes.
D~d you know of Lillian's grandfather on her father's side,Charle
Alloway?
A No~I didn't.
Q Did you ever hear Lillian Alloway speak of her grandfather Allo-
way?
A No~I don't think I did.If I did,I've forgotten.
Sadie Messner
Q And did you ever hear of Lillian speak of her Aunt Ida?
A I don't think.
13
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That was Ida Alloway Nebo.
Oh~yes.I did know of her.But I didnTt know you was referring tc
Nebo.I had forgotten her first name.
Ida Alloway Nebo was Lillian AllowayTs aunt":.s that right?
Yes.
Now I believe you knew some of the Nebo girls"didn't you"Mrs.
Messner?
Yes.Mr.and Mrs.Alloway took my husband and I to visit them
at one time"but a real personal friendship or relationship"wasntt
close •
You knew Mrs.Ida Nebo had children"didntt you?
Yes.
You knew and met some of the girls"didntt you?
Yes.
I just wanted to call your attention"Mrs.Messner"to this
paper you signed which has been described as a Renunciation in
favor of Mr.Ray of your rights to administer the estate.And
is that your signature?
A It sure is.
Q And up here it says""The undersigned legatees named in the will
and heirs of Lillian Alloway."
Alloway?
Now are yeu an heir of Lillian
•
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Q
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Sadie Messner
Well~according to her will.
Are you related by blood?
No.
And in other words~you are named in the paper but you are not
a blood relative.
No.I'm just a friend.
And I believe,Mrs.Messner,that you helped and assisted in the
funeral arrangements of Lillian Alloway?
Yes.
And you also assisted in furnishing the information for the obituary
notice"did you not?
Yes.
14
'.J~Q Now did you happen to read the obituary notice of Lillian's death.,
:t..'"N in the news paper?
'IiII:~A Not very thoroughly.
ll:oGo~Q But you read it,didn't you?I wonder if you'd just glance at that
l-ll:
:J8 and see if that is your recollection of the obituary notice of Lillian
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~Alloway....o•A Yes.
MR.ROSENBERG:
A Yes~that one~but---
Which paper is it in?
Q It was in the Pittsburgh and the local papers.This happens to
be the local paper.You put it in both newspapers,did you not?
Sadie Messner
A Yes.The undertaker did.
Q You furnished the information.
15
A As far as I knew~yes.
Q It says here that she is survived qy several cousins"right?•A Yes.
~Q Now who are those cousins?z<>~A Well"I never knew them all,but three back there,Mrs.Davis"
IIIz
Z~and Mrs.---well,she isn1t here,and Mrs.Wortman,I think is
ioI!-~her name,and the other one;I met them when we went to visit
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II~them,then I met them when they came to the funeral.
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You knew they were daughters of Ida Nebo,but you didn't know the'".
married names all the time,is that right?
That is true .
But TOU did learn their married names.,did you not?
fIi
eiA YI-es.
II:o11.~Q Now I am going to ask Katherine Davis to stand up.And do you
I-0::l8 know this lady Katherine?
oJ
ol;gA Yes"I do.She1s very nice....o
Q
A
And was she one of the daughters of Ida Nebo?
As far as I know,yes.
Q That's all I have.That's all,Katherine,thank you.And do you
know her first name?
A Katherine.
16
Sadie Messner
Q Mrs.Wortman~will you stand up please?Do you know this lady?
A Yes~I know her~but I had almost forgotten her.I hadn't seen
her for years.But I met her at the funeral.
Q And I believe you knew her as a daughter of Ide..Alloway Nebo~righ ?
A Yes.
paper?
I suppose.I dontt just now~but I'm sure I die.at the time.
I don't know what paper---why dontt you just look at that and see
Lillian.Do you remember reading his obituary notice in the
By the waYJ Mrs.Messner,you knew Ora Alloway"the father of
Now I believe Lillian Alloway lived by herself in a home that she
Right.
owned since her mother died~!s that correct?
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newspaper of Ora Alloway's death.
Well~as far as I can remember.
Now that sentence there saying he was survived by three nieces~
is that correct.,three nieces?
Well~yes~sure it's correct.
Q Who would those three nieces be?
A They would be Mrs.Wortman and Mrs.Davis and Mrs.Parks.
Q Ruth Parks,I believe,is a sister of these tw::>ladiesJ isn't she?
A Yes.
I.
I
Sadie Messner
Q And you knew her when she lived in Pennsylvania?
A Yes.
(Stenographer marks Petitioners f Exhibit 11 a colored photograph
of three personsl Lillian AllowaYI Katherine Davisl and Lola
Wortman).
17
•
•
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Mrs.Messnerl I show you a photograph marked Petitioners I
E~hibit Number 11 and ask youl can you identify the three ladies
in that picture?
Yesl I think so.
The one on the leftl who is that;?
Welll this one is Lillian.
Lillian who?
Alloway.And this one is Katherine and Lolal as far as I can see
Katherine who?
Davis.
And Lola Wortman?
Yes.
Mrs.Messnerl I show you the Answer to the Petition for Citation,
which was filed on your behalfl and ask whetier or not that is your
signature to that affidavit?
It is.
Q Taken on September 71 1967.
A Yes.
Sadie Messner 18
Q Now in the Answer it is stated,and you have sworn that it is corre t,
Lola Wortman,Katherine Davis,and Ruth Parks,we say are
first cousins and you deny it.Now is that correct?
MR.ROSENBERG:If the Court please,what Mr.Troutman is
doing might be all right for a jury"but there i3 no jury here,and
the bush in arriving there.
that they stated were cousins,were cousins.I think that Mr.
record it should be necessary for them to prove that the people
Troutman could perhaps do it more directly than beating around
I would like to save time,Your Honor,ami
of the case as greatly important,we felt that for the sake of the
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oJ>-UI~attorneys drew this Answer,and while I don't consider this part
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•
that it be proven so that it is a matter of record,rather than
Petitioners are first cousins of the decedent,Lillian Alloway.
perhaps Mr.Rosenberg will,at this time then,admit that the
I would feel that it is better for the record
stipulate to the same.But I don1t think it is necessary to get into
the extent that we are going.
uill:
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l-ll:oII.IIIa:
I-~MR.ROSENBERG:
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Q
THE COURT:If there is no stipulation to that effect,
I believe the testimony is proper.The objection is overruled.
(Stenographer reads back last question).
Sadie Messner 19
A To tell you :he truth~I didn't know that word "deny"was in it
when I signed it.
•
Q
A
If you knew it was in there,then you wouldn't have sworn to that
paper that way.
I knew they were cousins.
(Continued Cross Examination by Mr.Troutman):
However---and I am only---to this extent,I want to reserve the
I am not stipulating that they are the only firs.t cousins---this is
Katherine Davis~and Ruth Parks are first cousins of the deceased.
The stipulation is approved.Very well.
Yes.
You are stipulating tha:these three named
right---I am not sure at this stage if there are other first cousins---
are first cousins .
first cousins on the other side .
something that could be checked out as to whether or not there are
THE COURT:
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~MR.ROSENBERG:If the Court please,rather than prolong this<~
~~end of it~I would be willing to stipulate that Lola Wortman,
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Q Mrs.Messner~on May 26,1967,Lillian Alloway,I believe,had
a heart attack in her home.Is that correct?
A That was the 25th,the evening of the 25th.
Q But she wasn't in a coma or anything,was she?
A No,.;.
Sadie Messner 20
Q She could talk?
A Oh,yes.
A Yes.
Q She could even move around on her own power.
•Q And I think that Miss Lillian Alloway was concerned about after
nursing home.Is that not true?
she was discharged from medical treatment,having to go to a
reference to the paper filed,that,of course,becomes a question
Mr.Troutman just canrt
If the Court please,I think we are going
go into anything here.He is restricted to his Petition for Citation,
of interpretation of the same as a will.Now I don't know where
wherein he alleges that he represents three first cousins.With
offer,or stating it by way of objection.
astray now,and I can either do this in the form of requesting an
ROSENBERG:
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The purpose of the particular question asked this witness is to
he is proceeding at this point,but I think we ought to have an
offer,reserving the right to enlarge it if ne=d be at a later time.
show the attendant and surrounding circumstances at the time this
If the Court please,I will make a brief
understanding.
iii0:III
I-0:o0.III0:
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informal paper was signed,in the hopes that it might clarify the
paper when the Court makes a decision in this case,which does
involve an interpretation of the language.
Sadie Messner 21
MR.ROSENBERG:Now our position is,Your Honor,they admit
that it is a testamentary instrument,but they are objecting to the
extent to which it dis.poses of all of her property.At this time itI.seems to me that it is irrelevant for Mr.Troutman to be going
into what he is going in.He apparently is objecting to the granting
such information from your witness on cross examination.As a
that he be questioning as he is .
when we hear that type of testimony?
he is taking now are relevant at this time.
There is nothing wrong with counsel eliciting
The difference is,Yom'Honor"he has
It might not be entirely relevant at this time,
cross examination,when I don't see at this point it's relevant
intend;to put all of these witnesses on and bring it out,and I obj ect
to my case being put in at the wrong time thr::mgh the method of
herc.on for cross examination.If the same bEcomes relevant,I
but it is certainly going to become relevant.What's the difference
bated.And it doesn't appear to me that the line of questions that
of the letters of administration after the instrument has been pro-
ROSENBERG:
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51 THE COURT:
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•
•
matter of fact,he is bound by her answers,which might not be
exactly what he is anticipating.And that can put him in a bit of
a predicament i:self.But other than the matter not being germane
at this particular time,I see no objection to it.We are going to
Sadie Messner 22
reach that at some time or other.If he doesn't do it now,he will
have to recall her later or call other witnesses.But most cer-
tainly this will is ambiguous •.Anyone looking at it from the very
start can see that almost all portions of this will are ambiguous .
(Stenographer reads back the last question).
is bound by her answers.
believe,Your Henor,to show other testimony.
rather than have to recall this witness,if counsel wants to.proceed
You will note an exception at this time,
Exception is noted.
Yes.But you are bound at the same time by
Except,of course"we have a right"I
And I think that Miss Lillian Alloway was concerned about aft,er
her answe!'s as your own"you calling her on ,::;ross examination"
material.I think that we may as well have the testimony now"
escept as it is later impeached.
with it.This witness is called as on cross examination.And he
And where it is such,the surrounding circumstances are very ver~
Your Honor?
MR.ROSENBERG:
THE COURT:
Q
THE COURT:
MR.TROUTMAN:
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she was discharged from medical treatment"having to go to a
nursing home.Is that not true?
THE COURT:Counsel has made an objection to this
question,Mr.Troutman,and we have to consider all the pertinen
Sadie Messner 23
features of an objection.The objection on the ;>art of counsel
that this wasn't the time for that type of testimony was overruled.
•
But the objection as to the impropriety of this question is sustained
because this witness will not be permitted to testify as to what was
in the mind of this de.cedent shortly before death.
~uii:~ell~SHERMAN H.SIEGEL~ESQ.",IS CALLED AND SWORN.
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ug DIRECT EXAMINATION BY MR.TROUTMAN:.,
:t~~.Q Mr.Siegel,you are an attorney at law in Washington County?
•
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TROUTMAN:Mrs.Messner"I believ~that is all for the
pres ent time.Thank you.
(Witness excused).
Yes"Iwas.
Alloway in connection with her mother's estate?
es tate,did you become familiar with her family history on her
And as a result of her discussions with you and the title informaticln
We will so stipulate,Your Hcnor.
that you secured with reference to the settlement of her motherts
And were you consulted in your capacity as an attorney by Lillian
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mother's side?
A Yes"from the records mainly.and from wtat she told me in
Sherman H.Siegell Esq.
connection with the filing of the Federal Estate Tax Return.
24
c(who died March 221 1919.And her grandfather was Jerry Stilley,
z0(>g sometimes known as Jeremiah StilleYI who died August 27 1 1910.
Zz~Q Now did they die with wills or without wills?
io~A As far as I knowl Jeremiah Stilley died witho".lt a will,and Elizabe h
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Now from your recordsl Mr.Siegell what do they show about the
names of her maternal grandparents?That is Lillian Alloway's
maternal grandparents •
Her mother was---rather her grandmother was Elizabeth Stilley,
And did Lillian Alloway inform you about a man by the name of Johp
Stilley?
Yes.John Stilley was her uncle who died July 18,1939.
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He died without a will.
And as a result of these de.athg ,did the decec.ent whom you repre-
sentedl Minnie J.Alloway,acquire any rea~estate?
Yes.
And to whom was that real estate given in Minnie J.Alloway's
estate?
It all descended to Lillian Alloway as a sole.heir at lawl as the
only daughter,the only child.
Q And when did lVIirmie Jane ,Alloway diel Mr.Siegel?
Sherman H.Siegel,Esq.25
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August 21,1959.
Now in connection with your work in settling that estate,did you
find other estates of Lillian Alloway's family in the office?
We have a file---you see,Mr.Troutman,I was associated with
J.R.Irwin Knox since 1959,I believe,and Mr.Knox and his
cousin,J.R.W.Knox had represented the St:.lleys .and the Allo-
ways,I think,for many years.There is an index in the office in
which there is a file for the estate of Elizabeth Stilley,but the
file is no longer there.I did"however,find a file on the adminis-
tration of John Stilley's estate,which was adoinistered in 1939.
Now Mr.Siegel,were there other assets in Minnie Jane Alloway's
est.ate besides real estate?
Oh,yes.There \wer..e several bank accounts which amounted to a
fairly substantial sum of money,according to the Federal Estate
Return which was filed at that time.
openly accounted for.And I don't see the relevance of going into
Naturally,whatever is in the estate has to be fully andrelevant.
If the Court please,I c.on't see where this is
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but I still feel it is not relevant to be going into that.
MR.TROUTMAN:If the Court please,w=.txelieve that the asse s
of Lillian Alloway are very important in order to interpret the
paper thathas been probated.If all she had were pots"pans,and
Sherman H.Siegel,Esq.26
dishes and furniture,we wouldn't be in Court.We want to show
that she had a substantial estate.And we believe Mr.Siegel is
inherited a substantial estate in 1939 would be very little proof
<or indication of what her estate might be in 1967.
z<>~MR.TROUTMAN:I believe this was 1959"Your Honor.
Ulzz~THE COURT:I thought he said 1939.What was it,Mr.
io~Siegel?z
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;A 1939 was her Unde Johnrs estate,Your Honor.1959 was her
•
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THE COURT:
..:o mother's estate.itIii~THE COURT:
<og A Yes,1959 ..,
:I:..:;THE COURT:
The fact,Mr.Troutman,that she may have
You are speaking now of her mother's estate
I believe that the question is proper.The
objection will be overruled.
According to the Federal Estate Tax Return that was filed,Mr.
Troutman,there were savings accounts in joint names of Lillian
and her mother Minnie Alloway,which at tha:time amounted to
$50,648.00.
Mr.Siegel,did Lillian Alloway ever transact any business per-
taining to the sale of real estate through your office?
A Yes"I believe we handled one transfer of a bt of ground for her.
That was in June.The deed is dated,according to my file,June
Sherman H.Siegel~Esq.27
Q She sold a parcel of land containing less than an acre to one~Carl
Grove.This land was situate in Union Township in this county.
I-Cross examine.
MR.ROSENBERG:No questions.
E.Ray for cross examination at this time.
that I appeared pursuant to a suppoena duces t2cum.
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J:I-~RALPH E.RAY IS CALLED AND DULY SWORN.
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Would the record please show1 Your Honor~
It will so show.
If Your Honor please~I d like to call Ralph
Now will you state~Mr.Ray"whether Miss Alloway owned any
That is correct.
Mr.Ray~you are the administrator CTA of the Lillian Alloway
estate.
Q
iiill:~CROSS EXAMINATION BY MR.TROUTMAN:
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l&.o-real estate on the date of her death?
A She did.
Q How many tracts of real estate?
A There are three parcels.
Ralph E.Ray
Q Are they in Washington or Allegheny County?,
A In Washington County.
28
A Not to my knowledge .
Q Did she own any in Allegheny County?
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Did you check it?
Yes.I haventt found anything.
Now will you give a brief description of each cf the three tracts,
that is as to whether it had a house or a barn or some improve-
ments on it?
Well,her own homestead has a barn,a small house next door"
which she rents,and I believe it's 26 acres of ground connected
with it.She has a parcel in Gastonville with a house which has
aluminum siding,and has an old rattle-trap barn which is in very
hazardous condition at the present time,and about two acres of
ground.It's also rented.She has a stone house,which is re-
ferred to as the house of the Nike Center"and it's vacant.It has
a barn which is rented.I don't know if I'm ql;.oting my figures
correct"there's 44 acres approximately to that parcel.
Now did Miss Lillian Alloway have any bank 3.ccounts on the date
of her death?
A Yes"she did.
Q Will you state what banks she had deposits in and the amounts?
A Well,I can tell you that she has an account in the Mellon National
Bank in Pittsburgh.She has an account in the Finleyville Western
.---------------------------------------------
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Pennsylvania National Bank"and she has a bank account in the
W.P.N.B.Bank in Pittsburgh.The amounts I could not quote
here at this time and tell you the exact figure,because I do not
have the records with me.
Would you please approximate the amounts,Mr.Ray?
Well,I would say there's,roughly speaking,$25"000 in the
P.N.B.Bank"and in the W.P.N.B.Bank"an:!there is a lesser
amount in the Mellon Bank.I think there's around six or seven
thousand dollars at the present time.
That is in the Mellon Bank.
Right.
How about the Finleyville Bank?
I said there was $25"000 in the W.P.N.B.Be-nk and $25,000
in the P.N.B.Bank.
In each of those banks?
Yes.And then there's a checking account.
What bank is the checking account?
It's in the W.P.N.B.Bank in Brentwood.
How much is in that?
I think the balance is around,.$~".000 at the present time.
You paid out some bills?
I certainly have.
What was the amount on the deposit at the date of her death?
29
Ralph E.Ray 30
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I couldn't tell you that here.
Approximately~~t.Ray.
I've probably spent,in the neighborhoodLDf around four to five
thousand dollars;maybe six.
Thej;just approximately w oold that mean that 2.bout $8~000 is in
that checking account?
I had transferred---there was very little money left in her checkinl:
account when she died.I transferred from he:-Mellon account a
substantial cash amount so that the bills could be paid.such as
her funera~bill.hospital bill.taxes on the property.and so on.
We are speaking.Mr.Ray;,of what she had in checking ondhe~day
of her death.
I couldn't answer that right now.I do not have my records here~
and I couldn't---I wouldn't state whether it was $100.00 or $200.00
or what it was without reference to my accounts at home.
Did you file an Inventory yet.Mr.Ray?
I
I have all the papers.There was an Inventory taken and there was I
an appraisal made of all properties and everything is in order
according to my attorneys.
Who has a copy of jjt;or the original of it?
The attorneys have it in their hands.
I would like~at this time.Your Honor;,to request counsel for
the res pondents to let us examine the Inventory form that the
Ralph E.Ray 31
witness has identified for the purpose of showing assets of the
decedent for the aid of the Court in determining the papers.
Inventory of the personalty.
the banks and the real estate.I assume we ar3 talking about the•
MR.ROSENBERG:I believe the witness has stated what is in
I
VanVoorhi$J~which I will give to the witness to familiarize himse f
Over three months haven't lapsed.
If the Court please~also I have a separate
We haven't filed it yet.
If the Court please~I have a complete
We would hope it would be a complete inven-
Do I have that?If you will just give us a
Inventory of the ::'eal estate which was prepared by Robert P.
and I would hand it to the witness so he can fc.miliarize himself
with it.
tory as required by law~Your Honor.
Household property~is that what you're speak:.ng of?
minute.
TROUTMAN:
ROSENBERG:
~~MR.ROSENBERG:
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:z:..I'-N appraisement tha:we had made by Albert H.Devore~Appraiser~
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(Continued Cross Exam:'nation by Mr.Troutman):
Q Who has a list 0:the bank accounts~Mr.Ray?They are not on
I the inventory here.
I A I am quite certain that you took---I think yO-.l took the amounts~,-----tt------=-----_---'::""-_-----=---------..L--
Ralph E.Ray 32
down as we reviewed the accounts.,(witness lo·:>king at Mr.
Rosenbe rg).
MR.ROSENBERG:I believe we have a work paper,Your Honor,
the appraisement made by Mr.Devore 'is not complete.
we had a separate appraisement by a real estate man of the real
which we are working on to prepare the inventorY1 yes.
That is just of the household goods.And ther
Welh then the paper that you s poke of as
ROSENBERG:
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io~estate;then we have our worksheet of the accounts in the banks.zx
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available to counsel and the Court.
ly we didn't have the amount of that.
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ROSENBERG:
TROUTMAN:
We don't have the checking account.Apparel t-
Do you have any objection to having it stipu-
lated in the record that these are?
record,but these are approximate figures that you have here.
I'm not quite certain that these are the exac:,after the interest
It's pretty hard for me to say right here,no:having my official
You can ask pim..I think they are r.ight.ROSENBERG:
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was accountedfordand.Jsc::uon.At the time,this may have been
what was in the book"but the books had not been presented to the
bank for interest additions and so on.So all I can say is that
they are approximate.
Q But it would be at least what is shown on ttis paper.
Ralph E.Ray
A Definitely.Oh~yes.It's probably more than thatl because the
interest had not been entered in the accounts until I went to the
33
bank and had them changed to estate accountsl as where they now
•
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Q
stand•
If the Court pleasel I would like to state for the record that this
draft of inventory presented by counsel for the Respondents
indicates a savings account in Pittsburgh National Bank of Pitts-
burgh of $25~000;a savings account in Western Pennsylvania
National Bank of Finleyville of $25"300;a savings account in
Pennsylvania National Bank of Finleyville.
amount shown opposite the notation of a checking account in Westerp
:rw~Mellon National Bank of Pittsburgh of $13,260.And there is no
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\.Ig THE COURT:..I thought that was Brentwood.
But it was originally at the time of decedent't:;
~A It was transferred for convenience sake"I not living in the Fin-
rio~leyville area;the W.P.N.B.Bank in Brentwood was much more
t-ac~convenient for me.a
I-"C THE COURT:
\.
l:death in Finleyville.ii:
II.C A Yes.The checking account was also in Finleyvillel that's right.
MR.TROUTMAN:If the Court p~easel with counsel for the
Respondents permissionl we'd like to offer in thE record the
copies of the household goods inventory and the real estate inven-
torYI or agree upon the amounts and the descriptions.
MR.ROSENBERG:We want to keep them so we can prepare
Ralph E.Ray 34
an inventory,but we will certainly agree on the amounts that are
shown there and who made them and the date and everything.Do
you want to read them over?
MR.TROUTMAN:All right.If the Court please,first I would
situate in Gastonville at $7,000,or a total appraiaed value of
situate on the Elrama Road,$13,500;and parcel number three
as situate on the McChain Road,at $19,000;parcel number two,
value of $1,082.00.And an appraisal by Robert VanVoorhis,
Direct examination.$39,500.00.
personal property of Lillian Mae Alloway,consisting of furniture
Alloway estate,parcel number one,being described in the appraiscLJ.
a real estate broker,of three tracts of real estate in the Lillian
like the record to show an appraisement by Albert H.Devore of
and furnishings and an automobile,everything a total appraised
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0-D.IIIa:reserving the right to present him in our case.
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MR.TROUTMAN:If the Court please,could we indulge in a
five-minute recess?We had planned on making considerable
preparation to prove a pedigree,and there are several other
matters that we should discuss before presenting :estimony.
THE COURT:This is generally the time L1at we order
a recess,so we will have a five-minute recess.
Katherine Davis
************
KA THERINE DAVIS IS CA LLED AND SWORN.
35
DIRECT EXAMINATION BY MR.TROUTMAN:
•
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Mrs.Davis~I believe you are a little hard of hearing,are you
not?
Yes.)I am.
If you can't hear my questions or any questions ttat are asked of yc u,
please say so"so we can make certain you are understanding the
questions.Where do you live,Mrs.Davis?
21 Laurel Avenue,Washington•
Pennsylvania?
Yes.
Now are you married or single?
I'm a widow.
And what was your maiden name?
I was Katherine Marie Nebo.
Is that NEB O?
Yes.
Vilhat was the name of your father?
Charles John Nebo.
~rhat was the name of your mother?
Ida Mae Alloway Nebo.
How many children were born to the marriage of Charles John
Katherine Davis
and Ida Nebo?
A Seven.
36
A Three.
Q And how many were ~iving on July 3,1967?
•Q Would you name the 1hree please?
<A My sister.,Lola Wortman)my sister Ruth Parks.,and myself.
::~Q Where does your sister Lola w,rtman live?
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;0:~A In Clarksville)Pa.
zC'~Q Where does your sister Ruth Parks live?
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;A Hollywood)F~orida.
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What was the name of your mother's parents?
Her father was Charles W.Alloway.J and her mother was Sarah
Snee Alloway..,
:z:EQ How many children were born to Charles and Sadie Alloway?
A No"he's dead.
!Ii~A Three.l-ll:o~Q And would you name them please?
I-0:5 A There was Ida"my mother)and Ora Orlando Alloway,and Wilburu
.J<~A noway.
l&.l&.o•Q Is Wilbur Alloway liv:.ng or dead?
Q Did he have any child:,en?
A No.
Q Now Ora Alloway"I believe.,has been identified as the father of
Lillian Alloway,is th3.t correct?
Katherine Davis
A Thatt s right.
Q Now Mrs.Davis~to rephrase our pedigree evidence,I am going
37
Yes.•A
to ask you several questions~and please listen and make sure you
understand them before you answer.Did you know Lillian Alloway.
I•
•
~Q Now did she have any children?
<:-.J~A No.
o~Q Was she ever married?
oto~A No.
:::c.~Q Did she have any brothers or sisters?
No .
What was the name of her mother and fa ther ?
Her mother was Minnie Jane Stilley Alloway;her father was
Ora Orlando Alloway.
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And what were the names of Lillian Allowayls maternal grandpare ts?
Her maternal grandfather was Jeremiah Stilley,and her maternal
grandmother was Elizabeth Stilley.
How many children were born to that m~rriage union?
I
Two.
And will you name them please?
Minnie Jane Stilley Alloway and'John Stilley.
Did John Stilley have any children?
No.
Was he ever married?
Katherine Davis
A No.
Q Now Minnie Stilley,I believe,has been identified as the wife of
38
A Thatrs right .
Ora Alloway,is that correct?
•Q And how many children did they have?
~A They had just one.
=c:-gQ 'What was her name?
~
Co A Lillian.
~oI-~Q Are the parents of Lillian Alloway living or dead?
II~A They are dead•
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Are the grandparents of Lillian Alloway,both on her mother's side
and on her father's side living or dead?
Dead•
All dead?
Dead.
Did Lillian Alloway have any uncles or aunts living on the date of
her death?
No.
Were there any children of deceased uncles or aunts living on the
date of Lillian Alloway1s death?
A We three children,Lola.Ruth and I.
Q And you were children of who?
A Ida Alloway Nebo.
Katherine Davis
Q Mrs.Davis"were you given any notice by Ralph E.Ray of his
intention to apply for letters of administration in the Lillian
39
A No •
Alloway estate?
•Q
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Mrs.Davis"I show you a photograph marked Petitioners'Exhibit
Number 1,and ask you if you can identify the ladies in that pictur~?
r
This is my sister Lola.
On the right.
This is me.
Indicating the middle was you.
Yes.And this is Lillian Alloway.
On the left •
Yes.
:I..~Q As you look at the picture.
Ula:~A That's right.From right to left.
a:oll.
~Q Where was that picture taken?
l-ll::
:l>8'A It was taken at the cemetery of the Methodist Episcopal Church .
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~on Gill Hall"Mowry Road.
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Q Do you know approximately what date it was taken?
A Yes;the 24th of August.
Q Of what year?
A 1964.
Now I am not sure about that date in August"but it was in August.
Katherine Davis 41
A That's right.
Q Now you stated that there were seven children,that is that there
were four other brothers and sisters besides the three of you that
No.
No.
are living•
nephews?
That's all.Thank you,Mrs.Davis.
(witness excused).
I think thatls all.
In other words,do you have any nieces and nephews?
Thatts right.
Yes,J other than of your living sisters,J do you have any nieces and
Of my living sisters?
Now are there any children of any of these brothers and sisters?
of them left any children.
In other words,all the brothers and sisters are deceased,and non
Thatts right.
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MR.TROUTMAN:If the Court please,at this time we would
like to close the main part of our case,reserving the right to
offer any rebuttal evidence that may be deemed necessary.And
we would like to offer into evidence Petitioners r Exhibit Number 1
which was presented and first identified by one of the respondents
on cross examination prior to the time the relationship which was
denied under oath in the a.nswer was admitted in Court for the
42
soever.It's been identified that they were on a r:icture with Lillie
purpose of identifying the ladies as the testimony shows.
•MR.ROSENBERG:I don't see any relevance ill the picture .what~
~Alloway.That is in the record...:c>~THE COURT:It may have some evidentiary value.We
n....LiL.will admit it in evidence.Mr.Troutmanl you have rested•..
o~MR.TROUTMAN:Yes.,sir,our main casel Your Honor.
contestants have made out any case here which requires any
testimony on our part.Now here is why I say that.Apparently
ii~THE COURT:
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Mr.Rosenberg?
If the Court please,we don't believe that the
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what they are doing is obj ecting to the extent or to the interpretatic p
of what they agree is a testamentary paper.This calls for inter-
p~etation of that paper.It is our position that tha.t interpretation
comes at the time of the audit or distribution,ar:d that if they
feel that the distribution is improper and needs an interpretation
of the willI they are certainly not precluded from the same.
Our position is that the Register of W:'lls issued letters
to Mr.Ray.,who is perfectly competent to handle the samel and
was the logical man to receive letters of adminis tration,since he
was the business advisor of Lillie Alloway in her lifetime.
MR.TROUTMAN:If the Court please,we don't like to have
43
Mr.Rosenberg take the oath and go on the stand here;we'd like
his remarks to be confined to the evidence.
this time to adduce Eny testimony.And if that is your position~
v.re will go aLong with it.That is your position;:rou can do as you
time.Your preliminary statement to the Court was that you don1t
I
feel that you are required under the circu.mstances of this case at•
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MR.ROSENBERG:
THE COURT:
These are merely my remarks.
Counsel is actually arguing the case at this
~eluding myself.I am asking for preliminary discussion and hearir g
%
recorded by the stenographer).
on this because it's a matter of procedure.
You will note an exception?
The motion is refused.
At this time~Your Honor,after having
And~of course~Your Hooor~I am not pre-
upholding the will.
stated arguments for the same,we request a directed verdict
(At the direction of :he Court"off-the-record discussion was not
wish.
ROSENBERG:
MR.ROSENBERG:
THE COURT:
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THE COURT:Exception noted.
MR.ROSENBERG:Mr.Ralph Ray.
MR.TROUTMAN:If the Court please"we w,:mld like an offer.
44
MR.ROSENBERG:Your Honor"my offer would be so extensive"
it would probably be his whole testimony.
THE COURT:Split it up and you can make your offer in
of he and his wife with Lillie,the fact that he became business
We will show his occupation,}his responsibilities there;his re-
there would be a great amount of testimony from this witness.
cousin;he will go into detail,the fact that he has been going out
tYoucan
We are entitled to have something as to what
I,
Well"Your Hetlor~this is generally,because
Just divide it up.You can divide it up.
was a small boy,and the relationship of his mother and father
to the Alloway homestead near Finleyville all of his life since he
lationship to the decedent,which was,I believe,the second
go in with detaiL to the relationship ~n recent yea::-s,the visitation
with the Alloways and with he and his wife ever since~we will
entitled to an offer.
get through with that,you can make another offer.But counsel is
make an offer as to what you are going to prove~and then when YOt
all in one offer.
three or four pieces.
you are going to prove by this witness.You don't need to put it
MR.ROSENBERG:
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advisor for Lillie and knew the circumstances of all of her proper-
ty,knew what she had in the bank,was asked for advice on any
business matter that would come up,when the Nike Site took
part of their land,how he took care of it for them.We will go
into the detail of what he knows about her relatio:lship with these
cousins and whether or not there was any closeness at all between
45
Lillie and these cousins.We intend to go into detail as to who
Lillie's close friends were,and then to subsequently follow this
up with testimony by these close friends who she associated with;
facts on her regular daily life.We then intend to go into the
circumstances about the will itself..This witness wasn't present
when it was initially written,but we will go into detail as to the
fact that Lillie called for him to come to the hospital;that Lillie
had him sign the will,which he did;and that Lillie told him certain
things on that occasion which he will testify to;what he did with
the will,and complete detail on the circumstances of her death.
And we will even go into conversation that he had
with the proponents here,Mrs.Wortman and Mrs.Davis.• IImtenf
I
to ask him whatever I can about his general knowledge of Lillie
Alloway so that Your"Honor will have a complete background of the
circumstances in this case.And if I have left anything out,I
respectfully ask the right to stand up,if Mr.Tr-outman objectsl
and to give further offer.I have tried to cover it generally.
MR.TROUTMAN:If the Court please,the P8titioners object
to the offer made by counsel for the Respondents.First"for the ,
reason that at least part of it is an offer to add or alter the in-
formal paper that was admitted to probate for the Register of
Wills.Second,-that this witness is not named in that informal
paper as a residuary or any legatee,but merely signed it
•
Ralph E.Ray
apparently as a witness at some time or other.And although we
believe that the surrounding circumstances or attendant circum-
stances at the time that informal paper was prepared and signed
would be proper to secure a clear interpretation of the language
used,that it would be improper to admit any tes:imony,whether
given to this witness by the decedent or others as to what she
46
intended to mean by that paper.We believe that is a matter for
the Court to decide.Keeping in mind the circumstances sur-
rounding the execution of the paper,the estate t:r~at this decedent
had as testified to by Mr.Siegel..and Mr.Ray in previous testimotJ.y,
the testimony is generally incompetent and irrelevant.
the fact that the decedent lived alone;but other than that,we feel
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it should appear,)on the asking of an individual question,that the
answer to that particular question might be construed to effect a
change in the wording of this will,the objection to the individual
question will be ruled upon by the Court at the time that the
objection is made.You may proceed.
RALPH E.RAY IS RECALLED.
DIRECT EXAMINATION BY MR.ROSENBERG:
(Witness has previously been sworn).
Q What is your name,sir?
A Ralph E.Ray.
Ralph E.Ray
Q And what is your home address?
A 120 Vanwyck Avenuel Pittsburghl Pa.1 I5227.
47
Q Your age?
A I was born in the year of 1908;59••Q And what is your wife's name?
-:A Helen Roos Ray.
::>~Q What is your occupation?
COl;;::
~A I'm Supervisor at the Data Processing Operation,Mesta Machine
z"~Company.
:IIIII;Q Is that at Homestead?
•
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West Homestead.
What does Supervisor of Data Processing entail?
That's in charge of the entire computer division of the Mesta
J:I-:;Machine CompanYI which processes all the records of the corpor-
MR.TROUTMAN:
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ationl financeJ accountingl payro1l1 prodl.~ctionl what have you.
And as suchl are you required to have a general ~nowledge of the
business processes of these various divisions?
If the COurt pleasel we object to this as bein
irrelevant and immate rial.
THE COURT:The objection is sustained.
Q The Court will notice an exception?We felt it was relevant on
the question of his gen~ral competency to be the administrator in
this case and---
MR.TROUTMAN:If the Court please,the cases have clearly
Ralph E.Ray 48
shown whether this man is more competent than :he first cousins
to administer this estate is of no concern.
testimony of Lilliets knowledge of his position.•
MR.ROSENBERG:
THE COURT:
We intend to follow through with further
The further testimony we will rule on when tl e
It is certainly relevant.There is nothing to hide here.
we intend to show the relationship of he and his people over the
being vague"indefinite"and immaterial to this proceeding.
You~Honor~it certainly is material"because
If the Court please"we obj ect to this as
years"and to show why certain things occurred that did occur.
Now are you related in any way to the Alloways?
questions are asked.But at this juncture"we do not believe that
the question is pertinent to the issue.Exception is noted.
ROSENBERG:
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vant only if this witness is related to the decedent by blood relatior -
ship.
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Mr.Rosenberg"the question would be rele-
Well"he is .
Blood relationship of first cousin"but not
more remote.
MR.ROSENBERG:If the Court please"we are not trying to
say here"it is not our intention that he inherits by reason of this
blood relationship.What I am attempting to do"and I think I have
a perfect right to do it"I don1t want to overdo the thing"is to show
Ralph E.Ray
why and give background of his visitation with thE Alloways so
that the Court understands the circumstances of his visitation and
49
where he stood with Lillie Alloway.I am not asking inheritance
•on the basis of this •
THE COURT:We will permit this witness to testify .,
merely that he is distantly related to the decedent.We will permit;
him to do that,but no further.
~
~MR.ROSENBERG:
i
That1s all we want,Your Honor.Now when
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did you start going out to the Alloway farm near 3astonville?
As a very s mall boy with my parents.
And what were your mother and fatherJs names?
being immaterial.We would believe that the attendant circumstances•
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TROUTMAN:If the Court please,we object to this as
i=~surrounding the decedent,Lillian Alloway,can be shown~but we
Ii~don1t care for any,.m6re family history from witnesses who arenft
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Do~even interested by being named in the paper.
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The objection is sustained.
~Q Over the years)while your mother and fat her li'/ed~starting when
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you were a boy~did you go out and visit the Alloways?
MR.TROUTMA N:If the COurt please~we ~gain renew our
objection.We believe it to be the same type of question.
MR.ROSENBERG:Your Honor,I certainly donrt want to put
anything improper here,and it is not my intention to do it;but
I certainly~I think~:vave the right to show the general circumstances
Ralph E.Ray
50
of how long he's known Lillie AllowaYI and I am getting to that.
There is no jury here to be influenced either waYI and I think it's
important that Your Honor have some background here.
THE COURT:We 111 the question is whether or not the
If the Court pleasel we will admit that Mr.
Ray and Mrs.Messner were neighbors and clos e friends of the
He can make a general statement.
this witness's boyhood and determine what was done at that time.
present interrogation is going to help the Court to determine the
canrt see where it is going to be helpful to the Cc-urt to go back to
attendant circumstances and the background of tbs thing.We
It is too far remote.He can say that he was close to these people.
TROUTMAN:
decedent,and we hope that will solve a lot of---
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here;and while I am not going to oM.erdo it,it's r_ot my intention,
I am going to show the closeness here as compared with the cousin~;
because I know that this is relevant on the overall picture of the
intention of Lillian A~loway.That is what we get!.down tOI testa-
mentary intent.I won't abuse itl Your Honor.Tell us this:how
many years have you known Lillie Alloway?
A Welll I'JIl 59 years of age.,and I'd say that---well,I've known her
for 45 years of that I guessl as I could recalll because I can
remember as a small boy being there.
Q As the years went bYI were you and your mother and fatherl while
Ralph E.Ray 51
they livedl close wib the Alloways?
· A Very close.
answer and ask that it be stricken from the record••
MR.TROUTMAN:
MR.ROSENBERG:
If the Court pleasel we object to this
Your Honorl thatis exactly what Your Honor
:!said we could ask....
0(>~THE COURT:
Cl·~MR.TROUTMAN:
LetIS wait until we see what the objection is.
It is immaterial to this proceeding to show he w
·o~close this man and his family were to the Alloways.:;:
:t
CIt~THE COURT:The objection is sustained because of the
time that this will was executed.And a mere statement of this
what the attendant conditions were.That is the reason we sustain
witness to the effect :hat he is drawing a certain conclusion from
fact that the answer to the question would not be a benefit to this
I do this respectfullYI but Your'Honor under
the objection.
get down to specifics.;to circumstances that help the Court :determ ~ne
Court in determining the attendant circumstances on or about the
his prior activities would not be helpful to this Court.We should
MR.ROSENBERG:
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standsl I have to make a record here;and Your Honor under-
stands that there can be appellate proceedings here.I am most
respectful of the Cou:-tl but Your Honor understa":1ds that we must
make a record that n:ay need to be used later.
THE COURT:We all want a record;but we cannot permit
Ralph E.Ray
52
the record to ramble on and contain many features that are not
pertinent to the issues trying.And we have got to consolidate
that record.And it is up to this Court to keep the record within
to exercise certain testamentary intent.
whatever evidence we can to try to resolve those ambiguities.
the will;and this w.ill~concededly by everybody"we must say~con-
the testatrix was~particularly where you have an ambiguity in
We feel that counsel has a right to bring out
tains ambiguities all the way through it.So we C.re glad to have
testimony that will aid the Court in determining what the intent of
only asked about five questions;,Pm not overdoing this thing---if
wrote?If we are not permitted to show backgrour.d---and I have
show the circumstances of the relationship here"then it would
appear that the decedent might not have the desire or reason
we are not permitted to show a little bit of background here and to
to the place of what the testator intended by the paper that she
THE COURT:
I
legal bounds.I
MR.ROSENBERG:Your Honor,J arentt we going to come down t1
a question of testamentary intent here?Arenft WE going to come•
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But we canJt.go into the background of this decedent over a period
of 25 or 30 ye~rs to determine facts which would resolve those
ambiguities.You've got tohave something that is pertinent to the
issue.
MR.ROSENBERG:We had no objection---four or five or six
Ralph E.Ray
questions of background would have been sufficient,but apparently iII
Mr.Troutman doesn't want the record to be open as I hoped it
53
would be,and to use everything as a method of construing testa-
•mentary intent•
MR.TROUTMAN:If the Court please,just a slight answer.
interested in a good record.
We are interested in a good record"but a brief and proper record•.-:>~MR.101;;:
:0:IIIII.
ROSENBERG:I am not interested in a brief record.I am
:2',
C~THE COURT:,We are going to try to rule in such a marm.er
J:If;as to bring us a complete record within the bounds of the legal
•
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questions.here at issue.
Did you know Lillie Alloway well ?
Yes"I did,very well .
In recent years,had Lillie Alloway discussed va::,ious business
cr)
II::~problems with you?
II:oQ.~A Yes,she had.
l-ll:
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-'«
~be stricken from the record.
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THE COURT:The motion is refus ed.Exception noted.
(Stenographer reads back last question).
A Yes"she did.She asked me on various occasions what she should
do,and I was very"what should I say---I hated in some cases
to even go into detail with her;and I have wId her on many occasic ns
that she should get someone of legal advice.Hut she saw fit to
Ralph E.Ray 54
lean on me;her mother before her the same way.
Q And as a result of this,did you~to the best of your ability,help
•A
Q
them in the various business rna tters ?
I did.
Can you be specific?
I think the record would show when the Nike Center took part of
Without great detail,what if any"ge11l~ral advice did you give her?
their property"you would find my name among some of the records
0(zA0(>..J>-IIIZZ1&III.
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as to----
TROUTMAN:If the Court please~we object to this ~s
concerned with that.
of his giving her advice and what that advice was 'ne are not
have done for her,the relationship between the two~but a matter
questionu of what the facts showed at that time.Not what he might
question of what advice he gave her,Mr.Rosenberg.It is a
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c~THE COURT:The objection is sustained.It is not a
::t~"N
Q Did you,from time to time,J clear up to the time of her death,
give her various business advice?
MR.TROUTMAN:If the Court please,we renew our objection.
Itls the same type of a question.We believe it completely im-
material.
Ralph E.Ray 55
THE COURT:The objection is overrulec..Exception noted
Q You may answer.
her certain advice.That is enough of an answer there.•
A Yes~I did..and----
THE COURT:Let's take it one step at a time.You gave
paper was executed.This is immaterial to that.
that the question is improper.It has no bearing on the issues
is to show the attendant circumstances under which this proposed
did Lillie follow various advice that you gave?
Well"we have not only the attendant circum-
stances"we can bring the background into play also.But I believe
And did Lilliel without stating what advice you gave her"as a rulel
TROUTMAN:Just a minute.If the Cou::,t pleasel we ob-
again
ject;to this as being immaterial.The purpose of any testimony
~Q
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here as to whether or not she took his advice or not.
Now would your wife go with you on various visits?
Yes.
If the Court please"I hate to be continually
objecting---
MR.ROSENBERG:It1s improper that you are ::>bjecting as you
are.
MR.TROUTMAN:It1s completely immaterial.
MR.ROSENBERG:Apparently you don't want c.ny background
here at all.Your Honor..we are entitled to give a little back-
Ralph E.Hay
ground.
56
•
THE COURT:
to testify---
MR.ROSENBERG:
THE COU.RT:
If it will appear later that his wife is going
She is"Your Honor.
And corroborate to some extent the matters
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that are adduced by his testimony"the question might be proper.
We will overrule the objection.
Yes"my wife visited with me on occasion.In fact"she visited
with me before she became my wife.
Before she was your wife?
Right.
Did this general visi~ation contihue clear up until the time of
Lillie's death?
Absolutely.
Can you give us some idea of the circumstances of visitation"
how often you would go there?
My wife and I would visit with Lillie"in my past history with
Mesta Machine Com?any"and you could check the records if
you so desire"I've been a very busy man~and there were times
that I was unable to -.risit with Lillie as often as I so desired.
A I talked with her on :he telephone at least,.once 3.week.And we
visited as many times as I could"and when Eva and I go back~
Ralph E.Ray 57
even when my mother lived"I was in direct attendance with them
because I purchased medicine for them and---
the death of the decedent.•
,lVIR.TROUTMAN:
I
I,
THE COURT:
This is going more than five years prior to
Yes.The witness will confine himself to
and let counsel lead him throu gh the proper steps.
tions and I am going to object to them on that ground now.
When it came to getting things like medicine"what would occur?
direct and pertinent answers to the questions tha:are propounded~
If the Court please"these are leading ques-TROUTMAN:
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talking now about four or five years or more prior to her death.
bringing the :.matter down to this decedent's last ~llness.You are
pertinent to the issue•
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It's not only leading questions •They are not
The objection is sustained.You are not
fl'a:~You are going to bring out that you---you want to bring out that
a:cQ.~this witness and his wife went out and secured medicines for them.
I-a:
:J8 MR.RDSENBERG:Right.Because it shows relationship.
.I«gTHE COURT:There are many many things that can show
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relationship"but we have to draw the line somewhere.We draw
the line there.This Court believes that that is completely im-
material to the issue.
MR.ROSENBERG:If the Court please"it is certainly not my
intention to antagonize the Court.It's the las.t thing I want to do.
THE COURT:
Ralph E.Ray
The Court is not antagonized,Mr.Rosen-
58
berg.We are simply ruling on the questions that are brought
feeling that I am not having the opportunity here)which I think I•
bef;Olr.~the Court.
MR.ROSENBERG:Will the Court note me an exception of my
don't have a jury.Itls all up to this Court)unfortunately,but that
•
deserve to have;,and I haventt abused,of provid:.ng a record to
give a little bit of ba:::kground of the circumstances which existed
between the decedent and those with whom she confided.If every
question that I ask,]have to have an objection from someone who
apparently doesn't want the true relationship known,I am not
I-!::able to make the kind of record that this case calls for.
Itl-V.~THE COURT:Mr.Rosenberg,you are remarking now
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is our job.This Court cannot rule on what your feelings are and
how you feel that you are being denied a particular right that you
may have under the law and under your direction as counsel for
these parties.We can't rule on your feelings.The appellate
courts,if this case ever gets to the appellate courts,can determi e
that directly from the record.They know the questions that you
have asked.They kI:.QW the objections that are being made,and
they know the ruMngs that this Court makes.That's all they have
to go on.
MR.ROSENBERG:Your Honor,again,I hope I am being
Ralph E.Ray 59
respectful.I donTt want to not be.
THE COURT:Mr.Rosenberg"you have not been accused
by this Court of being disrespectful.I make no intimation of any
kind.It is unfortunate that we have these objections coming on
want to be in that position.However"I have always taken the
of a case that it always takes.
from both counsel"but these cases generally are tried in that
to sift out facts far better than a jury can"that ttere is a certain
Your Honor,can appreciate that no lawyer
wants to be in the position of arguing with the Judge~and I don't
amount of liberality of record"by way of givingne.cie.ssary back-
position"and particularly in non-jury cases where a Court is able
manner.And this Court is not perturbed at all by the direction
this case is taking.We find it to be the usual direction in this type
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to sift out what little might get in that shouldnTt.
the position that a Judge or one learned in the law is in a position
we must be reminded of our Superior and Supreme Cou rt instructic ns
ground so that what has to be decided"can.I have always taken
I think your remarks are well taken.But
at all times"that we must keep the records in thEse cases down
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to facts.We have been critized time and time again by the
appellate courts of permitting a lax and loose rec:::>rd.Because at
some time or other"someone has to pay to get that record printed.
Who that someone is going to be"we donTt know at the present
He wouldn't know who her closest friends
If the Court please.l we believe this witness
1 •
respect.
were two of the closest friends that she had.
closest friends might be.We will take his testi:nony in that
might be,but he would know as far as he is concerned and as far
as his knowledge permits him to testify,whom he thought the
to the issue.
is incompetent to answer that question.We believe itts immateria
Based on your visitation and knowledge and what Lillie told yous
Yes.
who were her closest friends?
Lillie had in Gastonville?
And were you aware of other neighbors and close friends that
Q Now when did you first get notice that Lillie had drawn a testa-
A Well,I would have to say that Sadie Messner and Maggie Boyd
t=t MR.TROUTMAN:
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Ralph E.Ray 60
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I time,but someone has to pay to get that record printed.And if I
..
we permit a voluminous record of things that aren't actually pertinent
I
to the issue,we are ~ot helping that gentleman c.t all when he takesl
his appeal•We are here to try to help.•Q Did the relationship that you have testified to between yourself
~and your wife and Lillie Alloway continue right up until the time..
<>.J of her death?i;..
uA It dOd
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Ralph E.Ray
mentary paper?
61
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Well~the early evening of---I guess that was Sa~urday in the early
afternoon.I arrivec.at the hos pital after being notified by Sadie
Messner that Lillie was in the hospitaL I was notified the evening
before~but due to business~I was unable to go at that time.
In other words,you ONere notified on what day by Sadie Messner?
Friday~May 26.
And what day~if you did,did you go to the hos pital ?
On Saturday~the following day,May 27.
At what hos pital was Lillian Alloway confined?
Monongghela Memorial Hospital,New Eagle,Pa.
Did you see her that 3.fternoon?
Right .
And what if anything did Lillie request of you with reference to
iiicr~any papers?croDo~MR.TROUTMAN:If the Court please~this is objected to.It's
I-cr
:l8 incompetent and if it's intended to alter or vary or change the
oJ«~language in the informal paper admitted for probate~we believe...o
it is inadmissible.
MR.ROSENBERG:If the Court please,that wasnIt the intention
and Mr.Troutman is way ahead of himself.However,to make
the record clear,we believe that the cases do state---and when w
come to it,we are not there yet---that oral statements made to
Ralph E.Ray
help the interpretation of a written testamentary paper are ad-
missible.Of course,we are not there yet.
62
(Stenographer reads back last question).
THE COURT:•A
The objection is overruled;exception noted.
When I got to the hos pital that afternoon,I talked with Lillie and
asked her her condition.And we talked---~~
<~THE COURT:>CI...
I believe,sir,that you should confine
•
~your answer to the question that was asked.What papers did she
...o~ask for"if any?;;:
:r~A She told me to take a piece of paper from the drawer where she
kept the greeting cards,sympathy cards and so on,and this paper
was the will that you now have here as evidence.And she asked m..
~
r.::to read it.
~~Q All right.Now pursuant to her instructions"did you read the
II:~paper?t-o:c·~A I did.a:::
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~Q And is t,tlat the same paper that we probated late:-?u
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U;A That is true.i&:lI.o
THE COURT:Mr.Rosenberg,we are gEtting well past
the lunch hour here.It is evident-that this witness will be 0 n the
stand for some time.I believe this is a good point to stop for our
lunch recess.We will recess for lunch until 1:3:).
**********
Ralph E.Ray
(At 1:30 P.M."the same date"the following occurred):
RALPH E.RAY RESUMES THE STAND.
CONTINUED DIRECT EXAMINATION BY MR.R03ENBERG:
63
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Mr.Ray"we had been talked about your visit to the hospital.Now
I may have asked"did Miss Alloway request that you get the paper D
Yes"she did.
Where was the paper?
In the drawer beside--in the cabinet beside her bed.
What.if anything did she request that you do wib reference to the
paper?
After I got the paper"I asked her if this was the one she meant.
She said."Yes.I want you to read it and sign it for me.I'
Now did you read it ?
Yes"I did.
And did you sign it?
Not at the moment I didn't.I told her in conversation that I
didn't think she needed a paper such as she was having me sign.
because I told her that she was going to get better and go home.
But she said,"Well,,"she said""I want you to sign that."I read
it and I signed it.I was putting it back in the drawer and she
says."Well.II she says,,'ILet Helen read that."She says."I
want Helen to read it."So I gave it to my wife,and then I was
talking with Lillie.and I still insisted with her that she should
Ralph E.Ray 64
build a resistance and say not that she wasn't going home.that she
was going home.Because with the defeatist attitude.why~youhe
I want my property distributed among those four women that are
sign that."And I says."Well.I did."•
in trouble.So she said to me."Well.Ralph.IT she says."You f
She sa:..d.!'That's the way;
testimony is clearly inadmissible.
of the property is ordered stricken.
be stricken from the record.
TROUTMAN:
TheThequestionisimproper.
Exception is noted .
The Court will notice an exception.
The answer with respect to the distribution
It's our feeling that all extrinsic evidence
If the COurt please.we ask that th:is answer
named there."
.:ua::...e.
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If.;a:~that helps to bear on the interpretation of the will should be ad-a:aQ.
~missible.....II:
::J8 THE COURT:Counsel has its exception.
..I'«~Q Now did your wife read the will ?
l&.o
A Yes~she did.
Q And after iti.was read.what.if anything do you recall was done
with the will ?
A After my wife handed it back to me.I put it back in the drawer
among the greeting cards and so on that were in the drawer.
Q Now what occurred on your next visit to the hos pital ?
Ralph E.Ray
A Well,Lillie said to me,she says,"That paper----"
65
to take the wLl and to keep it.
particular phase of this testimony.
•
MR.TROUTMAN:
MR ..ROSENBERG:
If the Court please,I'd like an offer of this
The offer is that LLlie directed the witness
Right,that is what she told me to do.
-:.Az~>~MR.
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Right.
TROUTMAN:We have no objection that,Your Honor.
io~Q You state it in your words.What were you requested to do with
:tIII~reference to the paper?
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Lillie asked me to take it and keep it,which I did.
Did you do so?
I did that.
Was that paper continuously in your possession until her death?
Right.
Right.
And the paper that was probated?
•
iiiffiA At that time,yes.
I-a:o~Q And is that the paper that you subsequently brought to me?
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Q Your Honor,is that paper here?I'Mint him to identify his signatur •
Now Mr.Ray,I am going to show you a paper that is attached to
the probate records in Washington <Ounty,and ask you again to
identify this handwritten paper that is attached.
A Thatts it.
Ralph E.Ray
Q Is that the paper that you had kept in your possession?
A Right.
66
Q Now I am going to ask you whether or not your signature appears
~Q How did you sign it?
<>~A In blue ink.
~~Q How did you sign it?
ic-§A Ralph E.Ray.
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Right there~right beside Lillian Alloway.
The other signatures that appear there were on there,as you see
it.
I may have asked this question,but I want to be sure-...-going back
to the time when you signed the willI pursuant to Lillie1s instructi<n,
iiiIt~did your wife also read the will ?
Itoa..~A Yes.I gave the will to my wife and she read it ,while I conversed
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.J«~Q Did you als0 read it ?
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A Yes.I read it before I signed it;because I wouldn't have asked h rl
I wouldnft have told her that she didnft need it by the first opening
phrase in the will.
Q Mr.Ray,did Lillian Alloway ever return from the hos pital once
she was confined on May 261 1967?
A No,she did not return from the hospital.
Ralph E.Ray
I Q And where did she die?
A In the hos pital.
67
Q Had she,on any previous occasion,ever mention at any time about:
•A
drawing a will to your knowledge?
Yes,she had.She had mentioned on various occasions when we
:!:were out there that she hadn't drawn a will and---
:!:
0(>~Q And was there any,at that time,if you recall,was there any
Q
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~i:iL reference ever made to cousins or relatives?
~-o~A Well,I can recall one evening that we were sitting in her kitchen,
o;my wife and I had prepared to go home,but she wanted us to stay
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and have ice cream and cookies with her before we leftj while we
were sitting around the table eating,.she told my wife and I that
she hadn't prepared a will.And I,at that time,told her,I says"
t=~"Lillie,you should have a will.You should get someone to draw
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it."And I says.J "Even though you don't get an attorney or someon~,
you could sit down and you could write it out in long hand."I
says~"As far as that's concerned,"I said,"Do you know who you
want to give your property to and so on?'I
MR.TROUTMAN:If the Court please,we believe this is im-
proper as a time preceding the execution of the paper admitted to
probate is not shown and we believe it is generally inadmissible
type of testimony.
THE COURT:The objection is sustainec..
Q Did Lillie make any reference,either at that time or on other
Ralph E.Ray
occasions in recent ~fears about her cousins?
A Well,yes.She has,on several oc casio~~made the remark aboutII
her cousins not visiting with her,because she was lonely.Theret~
no question about it;Lillie Alloway was a very lonely person.
Minnie Alloway and Lillie Alloway were both very lonely people.
They loved friendship and they liked people to visit with them.
Their cousins,to my knowledge,did not visit with them,what I
would call on a regular basis.
68
MR.TROUTMAN:If the Court please,we ask that this answer
be stricken.Itts not within the knowledge of this witness who lives
in Pittsburgh,who visited Minnie Alloway or her daughter,Lillian
Alloway in Gastonville,some distance away.He was very busy
with his work in a factory.
to have knowledgeable facts is up to the Court.
I started to ask before,but I don't think we ever got it in the
the answer by saying "within his knowledge.II And his opportunity
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The objection is overruled.He qualified
record,I will qualify it by bringing it within the last seven or
eight years or since Lillie1s mother died---since Minnie died,
approximately how often did you and your wife visit there?
A Well,that varied.Sometimes we'd go maybe a week between
visits,sometimes i-:was as much as a month,six weeks;becausE
I was busy at work,which I have testified to bef:>re"and there
Ralph E.Ray
were times when I just couldn't get away.I just couldn't.
Q If you would stay away f0v some period of time,what,if anything
would she do?
Well,she wrote down when we made a visit and then when we
went back to visit with her,she'd say~"\Vell,R3.lph,you haven't
been here since such and such a date."She knew when we visited
and she kept records.
Were there phone calls?
My wife would converse with her on the phone when we weren't
able to get there within a reasonable period of time.
Was this on a regular basis?
I would say,yes.Because we knew the condition of Lillie most
of the time,whether she had a cold,so on and soforth.
Tell me this,Mr.Ray~and I will pinpoint this within the last
year or so before Lillian Alloway died~--did you know what her
assets consisted of?
Well,yes.I would say that I did,because she had told me in
round figures,as I gave you here today,approx:'mately what her
bank accounts were worth and so on.She did confide that in me.
Was this something that you would ask her about or what were
the circumstances?
A I never asked Lillie anything about her personal affairs.I have
coached her,trying to get her to draw a will,w~"1ich she didnft
until she drew this piece of paper prior to going to the hos pita!.
69
•
Ralph E.Ray
Q Did she tell you what she had so that you knew what she had?
A Oh"yes.I didnIt ask.I didn't probe into her affairs.She told
me.Anyway,when we were working with the Nike Center,I knew
then,because her mother had confided in me at that tim e,because
I knew exactly what they got for the sale of the l=roperty to the
70
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Government and so on.
Did Lillie---again,I will start with the las t few years before she
died,and this is based on your observation,your visitation,your
knowledge of her---did she have her faculties about her?
Perfectly.
know
In other words,did she .J what she was doing at all time s?
At all times •
Now how about when you saw her in the hospital?
She was a perfectly normal person.
Did she have her faculties about her?
Absolutely.Because we conversed very well.She told me how
she felt.
Tell me this:what occiurred at the hospital after a number of weel s?
Well,I guess it was the wee k before she died,she had a stroke.
From that point on,I would say,we visited with ier Sunday evenin ,
and then my wife got a call on Monday morning bat she had had
this stroke.
Q Now is this after the occurrences with the paper that you discusse ?
Ralph E.Ray 71
A Oh~yes.Thatts three to four weeks.
Q In the course of your dealings with Lillie Alloway,how would she
material.And real estate is real estate.And we don't believe
refer to her real estate ?'
•I:MR.TROUTMAN:If the Court please,we believe this is im-
it is part of the attendant circumstances which are proper in this
case.
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ioI-el
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evidence,which is always admissible,generally,for what light
it.throws upon interpretation.
(Stenographer reads back las t question).
When she'd be talking about one of her houses aEd so on,that's
what she always referred to,my house over---I:3y stone house
The objection is overruled.r:~THE COURT:
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over at the Nike Center,or my house down at Gastonville,or
the little house next door.She never---it was always her house,
her house.That's the way Lillie talked.,
Would she me:ntion land and real estate when she was referring.
for instance~to the Nike Site property?
MR.TROUTMAN:If the Court please,we be~ie\€this calls
for a conclusion on the part of the witness.It is not shown to
qualify;it is generally immaterial.
THE COURT:It is material,we believe,but the question
is objectionable because it is leading.
•
Ralph E.Ray
Q I will try to correct it,Your Honor.How woulC.she refer to her
real estate?
A Well,as I said before,it was always the house ::>Ver at the Nike
Center,the little house next door,or the house down in Gaston-
ville.
72
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Did you,at any time,ever hear her refer to her real estate,other
than calling it "her house"?
No.That was her general use of the word.When she s poke,she
never said such a thing as "my home"or anything;it was always
"my house.hi
Now tell me this,if you knon,now just based on your general
knowledge,had Lillie gone very far in school?
Well,itls really hard for me to say,but I don't know how far,
but I know she never went beyond a grade school levelJ if she
finished grade school.That I am not knowledgeable.But I know
she didnIt go beyond that.
And was she always,based on,again,what you know,correct
in her use of the language?
Well---
MR.TROUTMAN:If the Court please,we are asking again for
a conclusion of the witness that is not qualified to answer.And th
question is generally immaterial to the proceeding.
THE COURT:The objection is sustained.
Q Was she correct on her use of the singular and the plural?
Ralph E.Ray
Q Did you have occasion to talk to Mrs.Davis and Mrs.W<Drtman
at the funeral home?
74
A Not at the funeral homeJ but I conversed with them at Lillie's
•Q
home after the funeral service.
All right.And how long after the funeral service?
0(A After we came from the cemetery.
z0(~Q And on that occasionJ .if you did~did you tell them whether or not
10zZ~there was a will ?
io~A I did that.z
:z:CIl;Q And what did you so inform them?
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I informed them as to the recipients of the estate and---
Now let's be clear.Did you tell them the four that were mentioned
in the will ?
Right.I told them S3.die Messner and -Maggie Boyd and Hanna
Mae"her daughterJ and my wife~Helen Ray.
WhatJ if anything did Mrs.Wortman or Mrs.Davis state?
WellJ as I recall it~we had reminisced a little while when this
came aboutJ and they told r;ne that they had not expected to receive
I
anything from Lillie Alloway's estat e~and that they were glad
that the four girls~friends of Lillie~had been named in the paper.
MR.TROUTMAN:If the Court pleaseJ we ask that this answer
be stricken from the record.It is a matter that oJccurred after
death~and it is not rr:aterial to the case in Court at the present
time.And it would be of no aid to the Court.
Ralph E.Ray 75
MR.ROSENBERG:It's an admission of a party.Admission of
a party is always admissible.
THE COURT:
•Q
The answer is ordered stricken as not being
responsive to the question and not material.Exception noted •
Did you.on occasion.and again I am confining it to recent years,
Yes.
her on trips?
And where would you take her?Give us a little---
after Lillian Alloway's death.have occasion.with your wife,to ta11e
If the Court please.I hate to be continuallyTROUTMAN:
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before the Court at this time.
objecting~but I cannot see how this has any bearing on the issues.:uitI-III
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The objection is sustained.Exception noted•
The Court.of course.realizes,and I am
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attempting to put in what I believe should be the record.and again,
I say respectfully.under the reading of the rece:lt cases.they
all state that extrinsic evidence which helps with interpretation
is always admissible.What I feel is being done here is an attempt
on the part of Mr.Troutman to keep out anything which shows
closeness.which helps to interpret why the decedent did what she
did.And I feel that by narrowing this record.rather than followirJ~
the course of the recent cases which use the arm-chair method of
always wanting to conStrue the decedent's intent by all the circum-
stances existing.that the record is being not only shortened.but
Ralph E.Ray
hampered for future purposes.
76
in no way helps this Court in the interpretation of this instrument.
!jection to the question.The Court feels that thE elicited testimony
•
THE COURT:
MR.ROSENBERG:
The Court repeats its sustaining of the ob-
You may cross examine .
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Mr.Ray~I believe Miss Lillian Alloway was quite disturbed or
concerned about the prospects of having to go to.a nursing home
when her hospital discharge was ordered when she first went
into the hospital.Is that correct?
That is correct.
She was used to living by herself at her own home.
Yes~sir.
And after she first had a heart attackl whYI then she began to be
concerned about living in a nursing home.Is that correct?
A That's right.
Q No further questions.
Ralph E.Ray
REDIRECT EXAMINATION BY MR.ROSENBERG:
Q What did your wife offer to do with reference to where she would g ?
77
is immaterial and incompetent in this proceeding••
MR.TROUTMAN:
THE COURT:
If the Court pleasel we believe this question i
We will overrule this objection.You may
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answer it.
My wife and I both as~ed Lillie if she ·would corne and stay with us
until she was able to take care of herself.This she did not want
to do.So she had asked my wife to see if she could make arrange-
ments in a nursing home for her"which my wife did.But Lillie
was not able..and she died beforel as you know :lOW.But we were
in the process of making arrangements with a couple of nursing
homes to get her in.We had a couple and she said nOI she didn't
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go to and sta"y.But she said she didn't want to come to our
place because she would be putting us outl which she didn't want
to do.And that's the type of person that Lillie Alloway was.
Tell me this:in the eight years after her mother had diedl I
believe it was approx:..mately 19591 had she lived alon-e?
A Yesl she lived alone.
Q I think that's all.
MR.TROUTMAN:
(witness excused).
That's all.Thank you1 Mr.Ray.
Sadie Messner
SADIE MESSNER IS CALLED.
DIRECT EXAMINATION BY MR.ROSENBERG:
78
Q Your name is Sadie Messner?
(Witness has previously been sworn).
•A Yes"sir.
Q What is your preser:t address?
A WellJ the mailing address is FinleyvilleJ PennsylvaniaJ R.D.
#1"but we usually say we live in Gastonville.
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~Q What is your husband's name?
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:A George H.Messner.
:!
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What is your age?
78.
~Q For how many years did you know Lillian Alloway?
:I:~A "Well"I think 68 or 69 years.
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How do you figure that?
WellJ she was three years old when they moved up to---not to
the present house ste lived inJ but the little house she rentsJ and
I was 9.
And from then on up to the present or until Lillian diedJ did both
of you live approximately where you lived then?
A No.We moved awa;'"from the house right close to them and move<
over where we live now;but we continued to visit and live just like
we did when we was close.
Q All right.Now so we will get clearJ how closewere you original b'?
A
Sadie Messner
First1 I would say---it wouldn't be a quarter of a mile.
know much about measurements.
I don't
79
Q All right.And then if you can tell us,about how far is your place
down at Gastonville from Lillie's place?•A
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I would say two to two and a half miles.
Now over the years,until her death,did you continue to know and
associate with Lillian Alloway?
We did.We never broke the association or the friendship,becaus
I loved her.
What about initially?Did you go to school together?
Yes.But neither one of us went too long.I had poor eyesight
and poor Lillie was crippled•
Later,how often,just generally,over the years would you get
together and why?
Qh,yes.We would get together just for visits,and then after
her parents died,why,we went more often and we averaged once
a week at least.
Now when you say "we",who do you mean?
My husband and I.
That is your husband George Messner?
Yes.
Well,why would you go over there once a week?
Well,because she was lonesome and if we missed a week at any
time,why,she would tell us about it and .say,"You didn't come.
Sadie Messner
It's been so long since youtve been here."But then we very
seldom missed.Then we used to take her water every week.
80
Q How much water would you take?
She had plenty of water"but it wasntt good to drink.
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Two gallons at a time.
Was this a regular thing over the years?
Yes"it was.We can prove that.
What about phone conversations?
Well,it was almost everynight she would call m~too,or sometim s
through the day.
What would you talk about?
Oh,different things;about her affairs and how she was getting
along"or if she had anybody to see her she'd always tell me.
And if she went anyplace she'd say where she had been.
Tell me this:when Minnie Alloway,her mother died,if you can
recall,who sat with Lillie in the front car?
If the Court please,this record is getting
completely om of hand in our opinion.We will ac.mit,if it will
aid Mr.Rosenberg,that Mrs.Messner was a dese friend and
neighbor of Lillian Alloway for as many as 68 years.But we beli e
that these particular instances are too remote and are therefore
immaterial.
THE COURT:The objection is sustained.
Q Now would you take Lillie places in addition to visiting with her?
Sadie Messner
A Yes.We would take her shopping.And many times we took
her places she wanted to go~and to funerals and too ,numerous to
mention or to recal~.
Q What about when she was sick or when her parents were sick when
they were still livin.~?
Well"we were friends then.We were friends in need.We went
and done all that we could for them all.
Would she ever call you when any of them were 8ick?
Always.
What would you do?
81
TROUTMAN:If the Court please,this is going back to
'59,and prior,and -Ne do not believe it is material to the issue
raised in this proceeding.
J:I::THE COURT:N The objection is sustained.
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Did the relationship that you have described,Mrs.Messner"
continue right up to :Gillian Alloway's death?
It did.
Now what"if anythin.5 occurred on Thursday nigH,May 25?
Well,she called me up,I judge about 6:00 o'clock in the evening,
and told me she was sick"and would I call the do~tor for her.
What doctor did she :-equest or did you know to get?,
Well,she requested Dr.Stevenson of Finleyville.
Now did you call Dr.Stevenson ?
I did.
,----------------------------------------------_.
Sadie Messner
Q And did he"if you know"come to the house?
A Yes"he did.
82
Q How do you know tha:?
A How do I know?Wh;r,George and I went up.•
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Now when you went up~there,was Dr.Stevenson there?
He was.
And what"if anything,after examination,did Dr,.Stevenson want
to do or request that Lillie do that night?
Well,he told her he would like her to go ~o the hospital.
And if you know~did Lillie agree to do that that night?
No.She didn't want to go.
And as a result"what,if anything was done that night?
We did lay down once on the couches apiece.She had a very bad
L~A Well"I stayed with her that night and neither one of us went to bed.
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to call the doctor and tell him that she would go to the hos pital.
down all the time.So when morning came,she was glad for me
Are you the one that called Dr.Stevenson to make arrangements
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night.That is"she had pain.But"of course,she wasntt lying
for her to go to the hospital?
A I just called him and he made the arrangements.
Q Now tell me this:wtat"if anything did Lillie do that morning?
A Well,of course,naturally the first thing is starting up things and
get ready.And then,as I was·busy at different things,because
Sadie Messner
we had to get there earlYJ because the ambulance,at that timeJ
was outside,she sat down to write"and it turn~d ou t to be this
83
Q What?
willJ and she asked me how to spell a word.
•A Salvation Army.
•
«Q Now did she write the paper herself?
z0(
~AYes",she did.>-lolZ
~Q Is that in Lillian Alk.way's handwriting?
i~A Yes..it is.
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x~Q And did you see her writing it?~
Yes •
After she had finished the paper,what,if anything did she do or
request?
WellJ it was so near the time for her to go,she handed me the
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paper and she saidJ"Put it in your pocket book and keep it there."
And of courseJ in just about five minutes we were in the ambulancE
on the way to the hospital.
Did you go to the MO::longahela Hospital with Lillian Alloway?
Yes.
Q If you recallJ when Dr.Stevenson was there the ::light beforeJ
was there anything said about a will ?
MR.TROUTMAN:If the (Ourt'pleaseJ this is leading and com-
pletely immaterial to this proceeding.
MR.ROSENBERG:I donTt believe itTs Leading,for what light
Sadie Messner
it sheds.
84
doing what he's done all through this hearing.
,Q Was there anything Eaid about a will ?
i
•
THE COURT:
I MR.TROUTMAN:
The objection is sustained.
If the <Ourt please,Mr.Rosenberg is again
I don't know if the objecticon is that it's
The Court has sustained the obj ection to the
~MR.ROSENBERG:
z0(>~leading or---
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~THE COURT:
iaI-~question.And it is immaterial what the objection might be.And
for that reason,the Court has sustained it.Ana counsel should
not ask the same question again after the Court has sustained ant-=u
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objection•
ROSENBERG:You will note an exception?
~:;THE COURT:Exc~ption is noted.
Q Now jus t one moment,so we will be clear.Wh~n you say the
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Now what happened with reference to this same ?aper that you had
.in.your pocket book when you were at the hospital?
Well,the next day,around noon,Mrs.Boyd and her daughter,
Hannah Mae,came to see Lillie.
next day,you mean the first day she was in?
A Yes.That was May 26.
Q And state again who was it came around noon.
A Hannah Mae Boyd and her daughter.I mean Maggie Boyd and
Hannah Mae Harrison.
Sadie Mess ner
Q About what time did :tbey get there.as you recall ?
A I would say around noon.
I
IQ What then occurred?
i
A After they was ,ther e a little while.she told me to get the paper
out of my pocket book and for them to read it.
Did Maggie Boyd read the paper?
Yes.And then she wanted us to sign it.
Did you read the paper?
Well.not too good.because I didntt want to think that she would
never come back again.but I signed it.
Did both of you sign it there at her request?
Yes.
I am going to show you the paper that is attached and ask if your
signature appears there?
Oh,yes •.
How did you sign it?
Mrs.George Messner.
And did Mrs.Earl Boyd sign on that occasion?
Yes.
Is that her signature there)if you know?
Yes.
Now after the paper was signed there,what was done with it?
Well,it was put in the drawer and I called to let Ralph and Helen
85
1--:Sadie Messner
know that she was i::l the hos pital and she wanted them to come to
see her.
86
Q Did you ins truct Mr.or Mrs.Rayon the phone that Lillian wanted:
I
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C~Q Did she continue to have her faculties for a period of time in
~a:g the hospital?
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them to come to see her?
Yes.And they said.they couldn't come that nightJ but they'd
come the next nightJ which they didJ on a Saturday.
Now on occasion thEreafterJ did you continue to visit with Lillian
while she was in the hospital?
I did.
In the few years bef:::>re she went to the hospit al.how were her
faculties?
Perfectly all right.
And the night she took sickJ that is the 25thJ and the morning of
the 26th.how were her faculties?
What happened shortly before she died or a few days before she
died?
A Well,she took a stroke.
Q And from the time that she first went to the hospital,which was
the morning of May 26 J until she died.did she ever leave the
hospital?
Sadie Messner 87
A No.
Q Mrs.Messner,by reason of your close associatirn.with Lillian
Alloway and visitations that you have mentioned:were you aware,
•generally speaking,
friendly with?
of who visited her and whom she was
0::A Well,many many times she'd tell me so and so had been there,or
about her cousins?
Well,she just didn't talk about them .
they had called her up,such as that.
If the Court please,the witness has answere~
The questions are all leading and the matter isthisquestion.
say?
Now what,if anything did she state to you in the last few years
If she made any remarks about them,what,if a:J.ything did she...!::QII:..III
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0(~to the issue.The objection is sustained.Exception noted.
!&.o•Q I will ask this:to your knowledge,based on whc..t you know,did
her cousins come to visit her?
A Well,not while I was there.And she used to s.lways say she
had nobody.But she had her friends.
Q If her cousins had visited with any regularity,w:mld you have
known it?
Sadie Messner
A I think I would,because she used to tell me.
Q So we will know,where Lillian lived,is that right in,like the
88
town of Gastonville.or is it outside Gastonville?
A Well.rr d say it was outside of Gastonville.•Q Is it like a farm there?
•
~A Yes.
~<:-~Q And are there neighbors real close or is it generally farm houses..
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t.in the area?..oI-~A Well,there isnTt---there's two houses rather dose.One,there's
:t
II~a man lives by himself.She couldn't count on him being much of
a neighbor.And the house she rented when she would have tenants
there,why,of course,they would neighbor witt her•..
Q And based on whatyou know and what you have seen,what were her•
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Like your house and Mrs.Boyd's house and some of the others,
are they among.the closest houses in that general area to the
Alloway home?
No,no.We're a good piece out.
And based on your knowledge,wha t you know,who were Lillian's
closest friends?
Well,I don't;like to say this.but Maggie and 1,I think.
affections for Hanna Mae,Maggie's daughter?
A Oh.she loved her.She used to talk to me about her and worry
about her health.And she used to take her places.Oh,she
loved her.
Sadie Messner
Q You may cross examine.
89
MR.TROUTMAN:If the <Durt please)may I look at the original:
will and the probate papers?
THE COURT:
MR.TROUTMAN:
~(witness excused).
:::-..>II-~Lito
Yes.
No cross examination)Ycur Honor.
•
-oI-o-~MARGARET BOYD IS CALLED AND SWORN.
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_DIRECT EXAMINATION BY MR.ROSENBERG:
I-oi:~Q What is your name please?
a..
ij A Margaret Boyd.
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;j..,~Q And where do you live)Mrs.Boyd?
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Flnleyville)R.D.'1.
What is your husbar:d1s name?
Earl Boyd.
And how old are yon?
68.
For how long a time did you know Lillie Alloway until she died?
About 58 years.I was ten years old when we moved there.
How old were you when you can first remember'?
Ten years old.
Was Lillie a little o·lder or younger.?
A Shefs a little older,five years.
Q Where did you live with reference to where Lillian Alloway lived
when you first knew her?
A About two miles and a half from her,over near the Pleasant View
Church,about two and a half miles from her place.
Is that where you still live?
Yes.I always lived there all my life.,and she did too.
And she lived where she lived all her life.
Yes.
And did you continue the association with Lillian over your whole
life?
Yes.
How close were the two of you?
Pert near like siste::'s.
90
proper.
for a conclusion.
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If the <Ourt please,we believe this is calling
If she is able to give it,I think it is perfectl
We will permit her to answer the question.
A I think we were pret:y much like sisters.
Q And as the years went by,and after you got married,did you
continue to closely associate with her?
A Yes.,and take her od places.
Q Tell me this:how many children,do you have?
Margaret Boyd 91
Yes.
Hannah Mae Harrison.
One.
also Hannah Mae?
Sometimes we'd go away or something.Most every Sunday.
Well.I imagine abou-:on~e a week or maybe twice~you know.
wintertime I couldnIt get out.
On a rule~most every Sunday during the summertime.In the
How often might you go over to Lillian Alloway's place?
Was this a regular tbng that she td corne for dirmer and supper?
our place for din.er and supper and after Sunday School~you know.
Well"we were togetter every week on Sundays when she carne to
In recent years~how often would you be with Lillie Alloway and
could buy her any lit-:le thing.She just thought the world of her.
of her.She never missed a birthday or anything~anytime she
Just like she was a relative~you know.She just thought so much
After Hannah Mae was born~how did Lillie rega:-d Hannah Mae?
here in the Court room?
Is Hannah Mae the lc.dy who is mentioned in the will and who is
What is her name?
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Shetd have her bills to pay and things.I'd take her out to do that
and get groceries.
Q Would you drive her around?
A Yes~I did.
•
Margaret Boyd
Q Where all would yot:.and Hannah Mae take her?Give us an idea.
A We went to our relatives.,'Everytime I went to visit a relative,
I took her.She got like she was one of the fam:.ly,you know.
What would happen if you'd have some occasion in your family
and Lillian wasn't a3ked?
92
What about the holidays?
We object that it is immaterial.
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TRQlITMAN:
COURT:
If the <Ourt please,we are getting far afield.
The objection is sustainec.
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She was at our place every holiday.I had her a:ld her mother
too"you know,after Mr.Alloway died.
Did you have daily contact with her?
She called every night about 10:00 o'clock.Som~times during the
day too,you know.She wanted something or wanted me to go
somewhere.
What would you talk about?
Qh,just maybe abot:.t how she felt or how she wC.s or what happeneb
over there during th~day.Different things like that.
Q Now during the cour.3e of conversations with LiLie,what"if any-
thing did she ever say about her cousins ?
A Well,she always said she didn't have any relations.Nobody came
to see her.
Q And based on your knowledge,is there any closeness at all betwel n
Margaret Boyd
Lillie and her cousins ?
A That's as much as I know.She'd mention that,flI guess I don't
93
Q Who were her closest friends?
have no relations;they never come to see me.fI
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I don't know.I think Sadie and I was pretty close to her.And
Hannah Mae.
Where did Hannah Mae live with reference to yO'.lr home?First,
before she got married,did she live with you?
Yes.
And then after Hannah Mae got married,where did she live?
Right beside me.She built a house right in our yard.
Did Hannah Mae continue to come over to your pLace for these
meals and things when Lillian was there?
Yes.When it was bad,we'd go over to Hannah Mae's and eat,
iiiII:~because it would be easier for her to get into the cellar.You know,
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II:she was crippled and it was hard sometimes to walk.If it was
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what she wantedJif you recall ?
A Oh,yes.She said she wanted to be fixed like her mother.She
wanted things laid out like her mother.Is that what you mean?
Q Yes.
A Yes,she said that.
Q Now were you aware generally who visited Lillie Alloway and who
•
Margaret Boyd
was clos e With her ';:
A Well,she would call me or if lid be over there I'd see who would
be there,you know~'or she would call me at night.She'd say,
flS O and so was here,"just like she did with Sadie.That's the
way she put her time in on the telephone.
94
~Q
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Am I correct that for the last eight years after her mother died,
she lived by herself then?
Yes.
o~Q If she had had any regular visits by cousins or close relatives,
II~would you have known it?
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I imagine I would.If they'd be visitirg there she'd have probably
told me .
ugQ What about your husband Earl?Did he go with you?..
ij:~A Oh~yes.He always took care of her pumps and all her stuff.
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Sometim es the cows would ,get out~fix a fence and do things like
that,you know.Also Hannah Mae's husband.
What was Hannah M3.e's husband's name?
Edward Harrison.
Is he deceased?
Yes.
Did he help?
He used to always go with Earl.
Would you say that Lillie was dependent upon you folks?
A good bit.
Margaret Boyd :95
MR.TROUTMAN:
,
If the Court please,we ask that this question~,
be declared immaterial to the proceedings and any part of the
answer the witness may have made stricken from the record.
•THE COURT:
stricken.
The objection is sustained.The answer is
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Now when Lillian took sic~,which was Thursday night,May 25,
were you made aware of it?
Yes,we were.Earl and I was there until Midnight that night.
Who else was there besides you and Earl?
Sadie and George.
When you say Sadie and George---
Sadie and George Messner.
You stayed until wh:m?
About 12:00 o'clock or a little better.
When you left,who was understood would stay the rest of the night
with Lillie?
Sadie.
Did you learn that she was taken to the hosp ital the next day?
Yes.
And what hospital ?
Monongahela,New Eagle.
What did you and Hannah Mae~your daughter,co the next day?
We went right up.'We went up to see her.
At the hos pital?
Margaret Boyd'96
A Yes.
Q And if you know~approximately what time was that?
A Well.I don't know.I imagine it would be somEplace before noon
She said to Sadie."Give
me the paper to sign."you know •
Well.she asked us to sign that Pl3iper.
or around noon.
And what,if any request did Lillie make with reference to the papet
or wili that we have been talking about?I
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I)~Q What did she request that you do with it before you signed it?...
:It~A Read it.She said to be sure and read it.
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Yes.I did•
And if you know.did Hannah Mae and Sadie read it?
Yes.I think they did.I don't know if Hannah Mae did or not.
I don't believe Hannah Mae did.
Did you sign it?
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.J~Q
Yes.
I'm going to show you the paper that we have been referring to
which has been made a part of the Register of Vvills record.and
ask you first of all..is that the will paper that she asked you to sig ?
A That's H.
Q And is that your name on there?
A Yes.
Q Is that your name?.\
Margaret Boyd
A Yes.Thatts Mrs.Earl.
Q You signed it as Mrs.Earl.
A Yes.
97
Q Is this Mrs.George Messner's name?•A Yes.
0:Q Were you there when she signed it?..
0:~A Yes.>-c.
A~Q At the t~me that you,c Mrs'.:...·iEarl Boyd signed,w~s all the writing.,
zct including this Ralph Ray's signature--
2
]I~A Yes"it was allJon there.
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If you recall,was Ralph Rayts signature on at that time?
I don't think it was.
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t.:~Q'.You mean Mr.Ray's signature?
:tt:A No.1 it was on afterwards,I believe.
N
~Q In other words,when you two signed it.,he hadn~t signed it yet.
I-a:
()~A No.He hadn't signed it yet.a:
I-a::~Q In other words,just the two of you.--
u
.J~A Yes.
ii:II.o THE COURT:Mr.Rosenberg.,how about the writing in
different color ink ?
MR.R OSENBEBG:Is Your Honor referring to the Ralph Ray
signature?That's the different color ink.
THE COURT:
MR.ROSENBERG:
That's right.
He testified it was later.
Margaret Boyd
A That 's right~it was later.
Q Did you continue to visit Lillian Alloway from time to time at the
hospital?
A I did when I could.My daughter's husband was killed the next
98
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morning~on Saturday morning.And she got in the hospital.
That was Hannah Mae's husband.
Yes.Then I couldn't go for awhile until---I didn't get there
until she got"you know~over the heart attack I:lostly~then I went
back again and I stayed about three nights with ~ler.
At the hospital ?
Yes.
Tell me this:before Lillian went into the hospital~were her
facult~es good?
Oh~yes.
Did she know everything?
Oh my~yes.
What about when you first saw her at the hospital?
Well,she seemed okay then.I mean she was sick~of course~
but you know"Hanna Mae was showing her my granddaughter's
graduation pictures,and she enjoyed looking at them.
Q Did she ever leave the hospital after she was first admitted?
A No.
Q You may cross examine.
Margaret Boyd.
CROSS EXAMINATION BY MR.TROUTMAN:
Q Mrs.Boyd~I show yOll the papers pertaining to the probate of
the paper that Lillian Alloway signedJ and ask i:this is your sig-
99
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nature on the renunciation of letters in favor of Mr.Ray?
Yes.
Is that your signature?
Yes.
Now it says~this line,"the undersigned legatees named in the will
and heirs."Did you mean by that that you were a blood relative?
Oh"no.I was just a friend•
Did you tell the Register that you were just a friend?
Yes.
But it does say that you are an heir,doesn't it?
I don't know.According to that will,why---
I mean here you are a legatee and heir.
Yes.
Now Mrs.Boyd,you know Mrs.Davis,don't you?
Yes.I've met her.
You know her sis ter ?
I have met them both.
You knew the Nebo girls,didn't you?
I've met those girls.I don't think I knew any of the other ones.
Lillie talked about Ruth.
Margaret Boyd 100
Yes.
which you did,din't you---?
Yes.I ve heard LLlie speak of them,you know.
That would be their sister,wouldn't it,Ruth Parks?
I
Whenever you read the bbituary of Lillian Alloway in the news paperj.i,
I
A
A
Q
Q
•You knew who they 'ilfere talking about when they said she was sur-
vived by several cousins,didn't you?
Yes •..o~Q~
And who were they?Just name them please.
I don't know their n:arried names.
t-=~Qa:I-CIo~A..
Do you now?
Mrs.Davis and Mrs.---I dontt know the last name •
L"gQ I will ask Mrs.Wortman to stand up please.Is this the lady you
~
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t'.know as a firs t COUE in of Lillian Alloway?
May I see the Answ~r to the Citation,Your Honor?Mrs.Boyd,
Yes •
And I w ill ask Mrs.Davis to stand up.Do you ~now this lady?
Well,I guess so.
A
Q
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-i<~Q Is that a lady that you knew as first cousin of Lillian Alloway?...o•
I show you an Answer to Petition for Citation"-nhich was filed
in this case,and ask if this is your signature on the affidavit?
A Yes.
Q Taken on September 7,1967.
Margaret Boyd 101
Yes.
and Ruth Parks are first cousins.
Sure.I thought they was.
papers and not the parties themselves.
And furthermore"in our denial,we requeste d
We hope tha t doesn't affect the credibility .
If the Court plaase,this is objected to since
proof,if the same was relevant.In other words,for legal reasonl:;
we deny it.Your "Honor is aware of how that is done •
that the Court is~of course,aware that the attor'neys draw those
we have stipulated as to relationship and for the further reason
And did you swear that the facts in this Answer were true?
In paragraph two"it is denied that Lola \iVortman"Katherine Davis
of the witness.
ROSENBERG:
TROUTMAN:
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lation which was made in open Court between counsel includes
iii~THE COURT:A paper that is sworn to by an individual
l-ll:oII.~includes everything in the paper,unless they can show that there
l-ll:g was an oversight or that there has been some fraud committed
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this witness,then there is no further need for cross examination
in that res pect.I am not aware of whether it includes this witnesE
or not.
MR.TROUTMAN:No.It was discussed,Your HePor"but
never admitted---
Margaret Boyd 102
MR.ROSENBERG:It includes everybody tha:we repres ent.
MR.TROUTMAN:Mr.Rosenberg is referring to a stipulation.
All he actually means,he is making a statement to the Court.
We didn't stipulate with Mr.Rosenberg with respect to affidavits
that are incorrect and false.
are drawn and that 90%of the time the parties don't read them
like that and demar:d strict proof,it's for strate'gic methods in
Court.When it de'leloped they were cousins,we stipulated to
If the Court pl~ase,I feel quite strongly dif-
I drew the paper;I accept full res ponsibility
anyway.But itls based on what the attorney knows.
did anything wrong.And Mr.Troutman knows that these things
it.There's no jury here to create any impres3ion that thes e peoplje
for it.Mr.Troutoan knows as well as I do that when I draw a paper
TROUTMAN:
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ferent than Mr.Rosenberg about preparation of pleadings and that
If that is hiB impression of the way you do it,I feel otherwise •
I feel the affidavit~is a very serious and solemn matter.
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between counsel hc..s indicated that it is now acknowledged that'
the three persons who were mentioned in that stipulation are the
first cousins of this decedent.And we believe that that is sufficie t
in this vein.The matter has been brought out concerning the
preparation of this Answer that is now being spoken about,and
the Court is cognizant of all the facts.And if there is any
Margaret Boyd
indication of the affe·:::t on the witness's credibility because of that
situation,the Court can take thatinto consideration.We don't
103
believe that there is any further cross examination necessary
•Q
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in that res pect .
Mrs.Boyd,did I uncerstand you to say that the first cousins
that are in Court never visited Lillian A~loway?
I didn't say they ne\·er visited.I said she said they should visit.
•
~They didntt come often.
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~A Well,she expected them to come once in a while,you know.
What do you mean by once in a while?
Oftener than what ttey came,I guess.
L~Q Would you please be specific?Do you know whether they ever
~f visited her?
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Yes.
Do you know whether they visited her 100 times or---
I wouldn't know.I think it would be just a few times..I wouldn~t
press it down because she'd only tell me whenever she'd call,you
know,this one was :tere or that one was there.
As a matter of fact,:.vIrs.Boyd,weren't you with Lillian Alloway
for more than a couple times when you would go to visit this
lady,Mrs.Davis,or go to a funeral home?
A I think once I ve been to a funeral home once for the other woman.
Q Which woman are you speaking of?
Margaret Boyd
A The older woman.
Q Werenft you at a funeral home for their sister t::>o'?
104
Q Now is this your signature on this Registry Boo~?•
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I don't remember.
Yes.
Whose Jlame appears above it?
Lillie.
Lillie who?
Alloway.
In other words~wer:!you there?
Somebody else had to drive.
There were a good many people therel but the two of you signed.
You signed below Li:lian Alloway.
Yes.
Do you recall what the occasion of that was?
I don't remember.I must have been there.I signed it.
Would you remember that to be the husband of Katherine Davisl th
first cousin?
Yes.
MR.ROSENBERG:If the Court plea;sel we dontt have any idea
when it was in time.I personally---I want the record to be
opened.But I think it's far more irrelevant than anything we
asked.
MR.TROUTMAN:We are trying to impeach the credibility
of the witness"Your Honor.
for a long time.
Margaret Boyd 105
Yes.I was just trying to think who drove me there or who took us
A I haven't been driving very much"you know"not very far away
Q Was that in September"1963?
A•
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-1 know David took us to her husband's funeral.
I believe you also visited the funeral home wher.:Charles Wortman"
the husband of Lola Wor~man in Court"was laic.out.
I remember that •.
Let's see if we can---can you identify your signature on the
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Registry?
Right here.(indicating)•
And whose signature appears above yours?
Lillie's.
iiiffi Q And in addition to those times"didnrt you visit the Nebo girls
t-o::oa..~or Mrs.Davis at their home in Washington?
t-ll:g A Once.I don't believe we was in the house.We just talked tou
..J«u her along the street"along the house.She brought flowers out.
ii:\I.o Q And"of cou:rs~Mrs.Boyd"you wouldnrt know whether Mrs.Davi
or Mrs.Wortman or Mrs.Parks"the first cousins of Lillian
Alloway"did vis it her occasionally ?
A I met Mrs.Parks once at Alloways.She flew in from Florida.
Q As a matter of fact"when they were young girls"I think they
lived over there with Minnie Alloway"didn't they?
Margaret Boyd 106
A I don't know.
MR.ROSENBERG:Again,this is objected to only because the
way the Court has been previously ruling.
Q Mrs.Boyd,one more question.I believe you knew that Lillian•THE COURT:The objection is overrule:1.
Yes.she tal ked with me about it.
(Stenographer reads back las t question)•
she thought she was going to recover.
material.It has nothing to do with this case.
The objection is overruled.
This is objected to as irrelevant and im-
home when she was discharged from the hospital at a time when
Alloway was quite disturbed over the thoughts of going to a nursingI
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She was disturbed about having to leave her home.
Had we not had all cur trouble.I'd haye too:k.he:-home to our
place.But we were in a mess of trouble there ourselves right
then.
Is your answer.Mrs.Boyd.that she was worried and disturbed
about not being able to come back to her home and live alone.and
having to go to a nursing home?
A I think she wanted to go to a nursing home"the way she talked.
Q No further questions.
MR.ROSENBERG:I think thatIS all.
(witness excused).
.Hannah Mae Harrison
HANNAH MAE HARRISON IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.ROSENBERG:
107
A Mrs.Hannah Mae Harrison.
Q What is your name please?
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And what is your address?
R.D.#1 1 Finleyville.
What is your age?
38.
Are you married?
I was;my husband was killed.
What was his name?
Edward Harrison.
Now how long had you known Lillian Alloway?
•
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:;;A Ever since I was a little girL
cic:~Q How are you related to Maggie Boyd that was just on the stand?c:ac.~A I'm her daughter.
l-e:
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~A Back and forth all the time.She was to our home ever since I
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was litHe.She even was there for my daughter's birthdays and
she was there on every holi~ay with us.And I took her places
with mom.We'd go to our relations and everyplace we could go.
Q Would she go with you?
A Yes.
Q Would she go when you would visit your own relatives?
A
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Hannah Mae Harrison
Yes.
Whenever there was any holiday or occasion"what would happen?
She would be with us on every holiday.
And on Sundays what would she do?
Shetd be there.on Sundays too.She'd go to church.her and mom a d
I~and Earleen.come home"and have dinner ar_d supper with us.
Did this association continue up until the time of her death?
Yes"it did.
Was there an association by telephone also?
OhJ yes.She'd call me;maybe not everyday.but she called.
How often might you see Lillian Alloway or be iil touch with her?
Oh.every week I know;because I'd be taking her out different
places with mom.
Where would you take her?
Oh.to Finleyville to shopping or to visit our relatives ..
Do you have any children?
One girl.
What is her name?
Earleen Harrison.
WhatJ if anything would Lillian do for her?
108
MR.TROUTMAN:If the Court please.we obj ect to this again
as leading and immaterial to the issue.
THE COURT:The objection is sustained.
Hannah Mae Harrison 109
Q Did you ever hear Lillie speak about her cousins?
A Not too often,because our conversation would be more or less
•Q
talking about meeting people and going places,you know.
Did you know her to have any closeness or association with her
cousins?
0(MR.TROUTMAN:If the Court please,the witness is not
~
<:-~qualified to answer :hat.It is immaterial to the issue.
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How did Lillian Alloway regard you?
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Well---
L
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You will notice an excepti::m?
Exception is noted.
If the Court please,this is calling for an
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answer that is not within the knowledge of this witness.
the answer at this p3.rticular juncture.
THE COURT:
association,can say.
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I think that this witness,based on her close
It's a matter of opinion.But we will permit
The objection is over-
ruled.
A Lillie was real clos3 to me,like an aunt.
Q Did you go to the hospital with your mother on May 26 after Miss
Alloway was admitted?
A Yes,I did.
Q Do you recall when the paper was signed?
Hannah Mae Harrison
A Yes,I recall.
Q Who requested that it be signed?
110
A I think Lillie told Sadie to get the paper and then it was---mom
•Q
signed it.
Who else signed it?
•
-:A And Sadie.
::;:.~Q Did Lillie request that you read it?
iii:;:
~A Yes.
ic~Q And who read the paper?
:II
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;A Mom and Sadie.But I didn't.
You say you didn't?
No •.
t:~Q But were you there in the room when they signed?
J:I-~A Yes.
1II~Q Am I correct that after that same night is when this accident
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l-ll:"
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A Yes.
Q For how long were you in the hospital?
A I suppose it would be about two and a half weeks after.
Q Thereafterl were you confined to your home?
A I was,yes',,;.
Q Is your mother known as Margaret as well as Maggie?
Hannah Mae Harrison
i A Yes.
iI
Q How did Lillie know her?
111
A Maggie.
Q How did she know Mrs.Messner?•A Sadie.
-:Q You may cross examine•
...-:>...>-w44\IIa.
zc"~CROSS EXAMINATION BY MR.TROUTMAN:
z
:I~Q Mrs.Harrison,did you happen to call any of the first cousins
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when Lillian Alloway firs t was taken to the hos p:.tal ?
Did I recall them?
•
t:~Q Did you calLthem on the telephone to te'lh them r
:I:~A No.I was in the h03 pitaL
UIei Q Do you know if anyone did call them?
I-a:
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t-o::5'Q No further questions .u
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MRS.HELEN RAY IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.ROSENBERG:
Q What is your name please?
A Helen Roas Ray.
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Helen Ray
And how are you related to Ralph Ray who has testified here?
I'm his wife.
What is your age please?
58 •
For how long a time did you know Lillian Alloway in her lifetime?
Well,I imagine it was about 38 years.I've been married 30
years,and I went to see the Alloways before I vias married,and
we were going together about eight years before we were married.
Who would you go out to visit them with?
Ralph and his mother and dad.
Were they related to the Alloways?
Mr.Ray was Ora Alloway's cousin•
And did these visits to Lillian and her family while they lived
continue over the years?
Oh,yes.
Now"going to more recent years,say the last eight years.after
Minnie Alloway,the mother died,did you and Ralph visit with
Lillian?
Yes,whenever we could.
Give us an idea of how often you visited and what would trans pire.
Well,we would visit sometimes once a week and maybe it wouldnr
be for maybe a month or six weeks,whenever my husband was
available.I don't cirive and we only have one car,so I couldnrt
get out to ~ee her mys elf.And weI'd talk about general things.
112
Helen Ray
113
And then Mrs.Alloway and Lillie would ask Ra~ph different things
about when they were selling the Nike Center.:'.And I know one
night they started to tell us about their bank books and when I
got outside"I told my husband,"I wish they wouldnft say anything
about business things?
soforth?
I was there too.And I didnft like to hear it because I didnft want
Tell me this:from time to time,up until Lillian's death,did
If the Court please,we object to this as
to give,and generally because it is immaterial.
asking for a conclusion of this witness,which she is not qualified
she continue to confide in your husband and to ask him advice
to know what they had.It didnft interest me.
Did they insist on telling at least your husband "nhat they had and
about what they have."I said,"I don't want to know what they havE-."
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The objection is sustained.
I'd like Mr.Rosenberg to confine to the proper questions.
-II:.~MR.ROSENBERG:
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issues here.
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Your Honor notes us an exception?
Exception is noted.
We think that it is exactly material on the
Would Lillie ever go visiting with you and your husb~nd?,
;
If the Court please,these are leading questi<;ms.
Your Honor,I think I know the differenceIMR.ROSENBERG:
between a leading and a non-leading question;and I feel I want this
Helen Ray
to go on the recordl that there's been an attemptl since the
beginning of this casel of Mr.Troutman to try to keep evidence"
out;to try to keep people on edge so that they are not relaxed;
thinking that if objections.are made to questions"that maybe they ,
will be thrown off.I"for onel feel that it is improper.I feel
that if a complete record has not been made herel as much as I
have tried to make a complete recordl it is to a great extent
because the improper objections that have been made.There is
no jury here.All :he recent cases say in cases of this typel you
bring things out;you want to know the whole background.And I
sincerely and respectfully state that there's be2n a plan.ed attemp
on the part of Mr.Troutman to keep the record from being as full
and as clear as it should be in this case.
114
MR.TROUTMAN:If the Court q>leasel I assume that Mr.
Rosenbergrs unpro:essional remarks need no comment.
MR.ROSENBERG:I am proud of my remarks and I don't considpr
them unprofessionall and I donrt mean to antagonize,but I feel
this record should show---it's a record that may have to be
reviewed"we don':know---and I feel that it should show that I
sincerely and respectfully feel that there rs been an attempt to keep
evidence out here and keep people on edge when they shouldn't
have that feeling in a Courtroom.
THE COURT:Counsel will remember that other than
ques tions that are propounded to the witness,the only proper
Helen Ray
115
remarks in a trial of a case are addressed to the Court.
(Stenographer read::,back last question).•
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MR.ROSENBERG:
on the last ques tion.
THE COURT:
Your Honor,I don't think we had a rulitg
The objection is overrule::l..
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Yes"we used to go down to Ohio.Lillie has a second cousin
there,a first cousi:l to my husband.Ruth Blackburn and her
husband are quite ill.And she would write to v.s and ask us if
we wouldn't come down to visit them quite often and if we could
come down if we would mind calling Lillie and ask if she'd like to
come with us,beca-.1se they liked Lillie.So we would always call
Lillie and ask her i:she'd like to go with us.
Did she,on most occasions,go?
Yes.I think on every occasion.One time she said she wasn't
sure.She said she'd call.us back.She wasn't feeling too well.
She did go with us.We had her down there about four times.
One time for their 50th wedding anniversary.
I have been using of record..I have been saying Lillie Alloway.
Was she more commonly known as Lillie Alloway than Lillian?
A Lillie.And whenever she signed a card or anything..it was Lillie.
Q On occasions,did ,Lillian Alloway,to you and y:::mr husband,
mention about her cousins?
A Well,one of these days when we came back from Ohio"the last
I
f-------t----------------------------J---
Helen Ray 116
time,she and I were sitting in the
about two months before Lillie went into the hos pital,it seemed
to be an obsession with her,she seemed to be so :.worried about
not having made a will;and everytime she talkEd to me on the
phone or would see me,she would always say,"I can1t sleep at
night."We'd ask her why.She'd say,IlBecam:e I haven't made
a will."We would tell her she should get an at:orney and have this
will made up and we asked her while 'we were in the car here,she
says,III don~t know who to have on the will."My husband and
I both said to her,"Don't you have any cousins?"And she said,
"I have three.,!.!I don't like to say this,Mn:.Davis,because
I do like you"but she said,"I have three."And she was sitting
in the back seat and she threw her hand up over the back of the
front seat and she said,"I don't have any cousins?'s'he said,
because they never come to see me."And I'm telling you the truth.I:,
I hate to say this,but that's what she said to me.
Did you and your husband continue the association thatyou have
,testified to up until her death?
Oh"yes.
Were you contacted,that is you and your husband,after she
was put in the hospital ?
A Sadie Messner called us Friday night,that was May 26.My
husband answered the phone.I was in the livingroom.And she
asked him if he knew she was in the hospital,and we hadn't
Helen Ray
heard about it,and she said,"Well,Lillie woulC.like to see you
and Helen as soon as possible.II
Now the nex:day dd you and your husband go tt.ere?
Yes,late afternoon.
And after conversation about her condition and soforth,what,if
anything in your presence did she request of yO-.lr husband with
reference to the paper?
WeI;!.,she told Ralph to get the paper out that was in the drawer,
in the table next to her bed.It was in among her cards.So he
got this paper out and she said for him to read it.He read it
and she said,"I want you to sign it.11 So he did so.And then
he put it back in the envelope and put it back in the drawer.
She says,"I want you to give it to Helen to read.II
All right.Did he then give it to you to read?
Yes,and I read it.
Then what was done with it after you read it?
My husband put.it back in the drawer.
Now if you know,i:you were with him,on the next visit did he
then get it?
Yes.
If you know,where was it thereafter?
In our home.We put it in a drawer and didntt look at it until
she died.
Q At the time of her admission or before her adnission,what can
117
Helen Ray
you state about her faculties?
A Well,she was very good.I mean there was nothing wrong with he
in any way.
118
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Was she clear of mind?
Very clear.
And based on your 'lisitations,was she clear of mind up until she
had the stroke?
Yes.She wasn1t feeling well;she was in the hospital.But she
was clear in her mind,very clear.I donft think she'd have been
permitted visitors if she wasn't.
Did you have occasion to see Mrs.Wortman after the funeral?
Yes .
And to your knowledge,yes or no,was Mrs.Wortman informed
about the will that 3alph had?
Yes .
What,if anything did she say at that time?
Well.I wasn't there the whole time that my husband was talking
about the will.
Just what you heard now.
Well,she said that to me,that she really didn't expect anything
but she said she was very sorry that Lillie didn't remember her
church in the will.
Q If you and your husband would.oh.miss a reg~.1lar visit or stay
away too long,whc..t would happen the next time you came?
Helen Ray
119
A Wel1;she always had the date written down and I thought it was
quite funny,becaus e she used to say to t;.S,kid us and say,"You
haven't been here since such and such a date."
Q And when you would stay,what might be the length of your visits?,•
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Sometimes two,two and a half hours,three hot:rs.The time we
would be ready to leave,why,Lillie would saYJ "Wait a few
minutes."And she'd bring"some cake or pie,pop to us.And
when we were finished with that,why,she still didn't want us to
leave,and shetd make a suggestion to get something else,if we'd
like som ething else to eat.It seemed like she wanted to keep us
there because she was lonely,you know.She didnrt want us to
leave •
You may cross examine.
c~CROSS EXAMINATION BY MR.TROUTMAN:
I:oc..~Q Mrs.Ray,I believe you know Lillian Alloway's first cous ins,
l-I:
;)3 Katherine Davis and Lola Wortman.
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I never met the people.
Q But you know them?
A They made themselves acquainted at the funeral.
Q But Lillian told you she had first cousins,didn't she?
A She told me in the car there,"I have three cousins in Washington,
but they are no cousins of mine.They never come around to see ne."
Helen Ray
120
Q Mrs.Ray"she didn't say three cousins in Washington"Pennsylvan a,
•
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now"did she?
She says "in Washington.II That's the way Lillie spoke.She would
never stop to think that one would be in Florida.And I didn't know
them.
of the funeral.
You know one lives over in Greene County"don't you?
told me what street,but"of course"I can't re:nember"the date
No"I really didn't know where these people lived.I knew Washing on
Mrs.Davis"she might haveCounty"that's all 1 really knew.
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Do you know whether Miss Allowqy's ,-cousins ever visited her?
I couldn't say,to tell you the truth"because I live in Brentwood
and when live been out to see Lillie"they were never there when I
was there.And we had no occasions to talk about them.
for a few minutes"if I could.
THE COURT:
MR.ROSENBERG:
We will have a five-minute recess.
Your Honor..I'd like to conf erThat's all.
No further questicns.
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THE COURT:Mr.Rosenberg"did yot:.have a statement
for the record?
MR.ROSENBERG:If the Court please"we would rest"with
i--
I Lola Wortman
Your HonorIs state:nent that if something relevant was needed to
be added,that the Court would be liberal about reopening.
121
With the understanding that I have just
Are you finishe d?•
,THE COURT:,
MR.TROUTMAN:
MR.ROSENBERG:
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Very well.Mr.Troutman,rebuttal?
zo~LOLA WORTMAN IS CALLED AND SWORN •
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;DIRECT EXAMINATION EY MR.TROUTMAN:
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What is your name please?
Lola Wortman.
Where do you live?
Clarksville,Greene County.
What relation a.re you to Lilliail Alloway,the decedent in this
proceeding?
I'm a first cousin•
How long have you lived in Clarksville?
Since '22.
1922 ?
Yes.
Did you ever have occasion to visit with Lillian Alloway?
Oh,yes,many tiDes.
Now did you go to her house or did she come t.o your house?
Lola Wortman
Both.
And did you visit with her after her mother died in 1959?
Yes.
Did you ever go to visit Lilltan Alloway at her home in Gastonville
and she wasntt home?
Oh"yes.That was in the last two years.
Now did you ever write to one another?
Infrequently.
Did you ever talk to her on the telephone?
Not very much.I'm not a conversationalist on the phone.I have
to repeat too many times.
(Stenographer marks Petitioner's Exhibit Number two~an envelope
postdated Finleyville,Pa.,December 20~1966,addressed to
Mrs.Lola Wortman,Clarksville,Pa.~contai:l.ing a Christmas
card from Lillian Alloway).
Mrs.Wortman~I show you Petitioner's Exhibit Number two"whic ~
is an envelope addressed to Mrs.Lola Wortman~Clarksville,
Pa.~postdated Finleyville,Pa.~December 20"1966~containing
122
a Christmas card and some writing inside,and I ask you from whc m
that was received?
A Well"I know it's from Lillie before I open it.Yes"it's from
Lillian.
Q Do you know Lillian Allowayts handwriting?
Lola Wortman
A Oh"yes.I would :know it anywhere.I would know her writing
anywhere.
123
Q I believe some mention is made in here about you didn't get
•together---
MR.ROSENBERG:If the Court please"within the Court's pri or~
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rulings"we don't object to the fact that she got a Christmas card
from Lillian Alloway"but we don't feel this has any relevance on
.the question of testamentary intent"getting into detail about a
Christmas card;and we respectfully object to any further questio-
ing on this line.
ti THE COURT:
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The objection is overruled.Exception note .
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(Stenographer reads back las t question).
Yes.
What was that referring to"if you know?
Well"we had been down one Sunday after she wasn't at home"
and the folks that lived in her little house---she was visiting
with Mrs.Boyd that day---they told me where the church was,but
I wasn't familiar with that district"so we went back home.And
that was before my son went to Guam"my son-in-law.
This letter came in 1966 around Christmas time.
Yes.That was the summer before we had bee:!down.
Did you visit Lillie Alloway on the date this picture was taken"
which is marked Petitioner's Exhibit Number::'?
A Yes"we were down.Our families,all except the one son that
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lived in Virginia,visited with her and we expressed the wish to
go to the cemetery to see where our grandfather is buried.Lillie
took us and that's where it's taken.
Now which grandfather are you referring to?
The grandfather Alloway and grandmother Alloway.
And was this taken in the cemetery where the grandfather Alloway
was buried?
Yes.Vle were standing in front of his gravestone,or her grave-
stone.
On this day thatyou had made that visit to see grandfather Alloway'
grave and markers,did you go to a nearby grave yard with Lillian
Alloway?
Yes.
What reason did she have you go with her to that grave yard?
Just to see where they were buried~.
Who?
Her fathe r and her mother and her grandmother and her grandfathEIr
and her Uncle John.
Would that be the Stilleys?
Yes.
And did you visit Lillian Alloway in the hos pital during her illness
after May 26,1967?
124
A I did;two Sundays.
Q Did you stay overnight at Lillian Alloway's home while you were
Lola Wortman 125
either visiting Lillian at the hospital or after she died and was
being laid away?
then came back the next day.
A I stayed one night;two days and one night~and went home.And
•MR.ROSENBERG:If the Court please,I ask that that be stricke
as irrelevant and immaterial after the death.0(
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If the Court please,the only purpose---
The portion of it that ref2rs to the time after
~MR.ROSENBERG:I didn't understand it that way.
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:t~Q Did you receive other correspondenc e from Lillian Alloway,other
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the death is stricken.But she stated that she stayed at least one
night before.
than the one paper that is marked Exhibit two?
which stated that she had remained at the home of this decedent
question first.We allowed the part of her answer to be stricken"
Yes.
Mr.Troutman,let Is clear up this other
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after the death of the decedent.But we were inquiring about
whether or not she stayed there before the decedent died.We are
not clear on that.
Q Did you ever stay at Lillian Alloway's home o'lernight,other than
after her death?
Lola Wortman
126
No.
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You never stayed th-=re?
No,I didn't.I didn't have occasion to.
Mrs.Wortman,did anyone show you the paper :hat Lillian Alloway
signed and which has been probated as a will ?
No.
Did they talk about it?
Yes.
And did you actually see it down at the Alloway home?
No.I didn't.
And were you notified of Mr.Rayts application to take out letters
of administration en Lillian Allowayts estate prior to the time he
did it?
I wasn't notified.
CROSS EXAMINATION BY MR.ROSENBERG:
l1iffi Q You were not?
t-Il:o~A Iit w..as not.
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Q Mrs.Wortman,on the occasion at the house :here when you talkec
about the paper,you talked with Mr.Ralph R3.Y"didn't you?
A Mr.Ray told us of the paper.
Q Right.And he told you that everything had been left to the four
people that he named,Sadie,Hannah Mae"Maggie,and his wife,_._--~~---------------------!---
Lola Wortman
Helen Ray.
A He did say that the things were left.He didn't say everything.
He said things were left to them.
127
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And did you not;;on that occasionl say to himl or words to this
effectl that you didn It expect anything and were glad that the four
friends got eve¥ything?
I beg your pardon.I didn't say that.I said I never expected any-
thing from my uncle's estate.But I always ex?ected him to leave
it to his church.That was the exact words I said.
Why are you saying uncle's?Weren't you talking about Lillie?
My uncle and the whole estate;my unc~e"my aunt.and my cousin
Well now.then are you saying you told him you didn't expect
anything from the estate~but you thought that something should go
to the church?
I said I thought he would leave things to his church and her church
or Lillian's.whic~lever it happened to be at the end.
Well now"let's gEt clear here.
Okay.
We are talking about Lillian Alloway.aren't we?
Yes.
And Mr.Ray told you that there had been thiE paper left.giving
everything to theEe four people that he mentioned.
A Well.I don't know that he worded it everything;he said that she had
left these things to her dearest friends.And when I was speaking
Lola Wortman
with Mrs.Messner~she came over and sat beside me"and I said
to her"when she said she was sorry,things were that way"I said}
128
that I didn't expect anything from it.
Q You didntt expect anything from---?•
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From Lilliets estate.And that I expected her to leave most of it
to her church.
So that you said you didn't expect anything from the estate..but you
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expected her to leave most of it to the church.
I didn't expect her to;I thought she wou:d leave it.
To the church?
Yes.
You yourself said you didn't expect anything?
Yes~I did say that.But I didntt say I was glad it had been left
that way.That was where I knew I hadn't said that .
!Ii:5 Q I believe also you told Mrs.Ray the same thing,J that you didn't
t-o:olL~expect anything.but that you were disappointed that she hadntt
t-o:5 left anything to the church.u
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to the church.
Q Now you certainly were aware,J I think.of Lillie's close friendship
with Mrs.Messner and Mrs.Boyd.
A I certainly did.I was very much aware of it.
Q And you know tha:they were Lillie's close pErsonal friends?
A I certainly did.
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Lola Wortman
Q And I believe that we can safely say they were closer with Lillie
than,for instance,you were~
A They were personal friends.But they weren't relatives.And
any relative that cares has a deep feeling•
129
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Well,as a matter of visitation,there wouldn't be any comparison
with how often you might visit and how often they visited.
Qh,no,it would not be;of course not.
In other words,am I not correct,Mrs.Wortman,that there might
be times when a year or two went by when you never visited Lillie '.
There certainly could be.
In other words~you werenIt particularly close with her,other
than she was a relative and you had some association.
It depends on the way you feel.
Is that correct?
It depends on how you feel.If you keep your relations close to
you in feeling.
By way of visitation,they were few and far between.
Not awfully far;a year.They came to see us most every year"and
we went if we could.I don't drive.
isn't it a fact,at least within the last eight or ten years,that your
visitation with Lillie was only on a couple occasions?
Q You will agree that there were times when there would be a year
or more that you wouldn't see her?
Lola Wortman
A Well~it could be from one summer to the next :all.
Q As you were testifying that you went down there~I thought you said
in the summer and she wasn't home.
Yes.
And then it wasn't until the following December at Christmas time
that Lillie wrote this card and said she was sorry she missed you.
No~that wasn't what I said.We were down there twice.My
daughter was going to move to Mississlppi an::l her husband was
in Guam.And bef'Jre he came back,Lillie--not Lillie,but Ida
Mary and her children and me went down.Then when Johnny
came home before they moved to Mississippi,he drove us down.
and that was in the fall.
But in her card st:e said something about missing you.
That's because she didn't see us.She wasn't there either time.
All right.Then i::l other words,you are saying you went down
there but she wasn't home.
One time she was at Mrs.Boyd's because the neighbor told us.
I think you said---and I don't want to misquote you---that you
weren't even fam iliar.,w:1th that dis trict down there.
I'm not familiar 'Yith where Mrs.Boyd lives.This lady told me
the church.I just couldn't tell you where thE church was,so we
went home;it wa3 getting late.
Q I think you said generally speaking you are not familiar with that
district around where.Lillie lived.
130
Lola Wortman
A Ohl yes.Yes~I stayed there with Uncle Ora and Aunt Minnie
for s orne time.
Q When you missed herl I take it you never called her;there was no
furtherl nothing apparently further done until Lillie wrote a card
131
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in December.
My sister wrote and told her we were there.I had called her and
when she wrote she told Lillie.
Now your other sisterl I believe Mrs.Parksl has lived in Florida
for six years or more.
Ten years.
I would take it that she had little or no association with Lillie.
Just cards and lecters.
Because she had been living in Florida.
Yes.They went there for her ~usband's health.
And you are not related on the Stilley side?
No •.
In other wordsl John Stilley and Minnie StilL:~YI who is Lillie1s
motherl were no relative of yours.
On~y my aunt by marriage.
What I am saying is your relationship is on the Ora Alloway side.
Yes.
When it carne to spending birthdays and Christmases and hoUda,Y8..
you didnttl with any regularity,s pend these with Lillie.
Ohl no.We had our own family gatherings.
.-----------------------------------------------------
Lola Wortman
132
Q And Lillie spent these,as far as you knowJ with her close neighbors.
A I imagine.
Q As far as the visit to the cemeterYJ I think you said that you had
asked her where your grandfat her was buried and she showed
you on the occasion of that one picture.
The Jefferson Me:hodist.
On these occasior-s when you say you visited E..nd missed herJ why
WellJ it's sort of a practice of mine not to do that;because if
hadn't you called her ahead to see if she would be there?
Yes.Well,we went over there.The picture was taken in the
cemetery.
Which cemetery was that?
I call somebody c.nd they have plans to go someplace else to visit
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took a chance.
Now Mrs.WortmanJ am I correctJ you are not stating here under
oath in Court that you had any ~articular close friendship with
Lillie other than being a relative?
WellJ I canIt say that.
Q Well,you didn't associate with her in the everyday course of
life;you didn't E..ssociate with Lillian Alloway.
A I couldnlt;I lived too far away.But in our own associationJ our
minds,our th01:.ghtS were together.
I Q You canIt s peak to her thoughts.
--------n------------------------~-I
Lola Wortman 133
A I meant mine and my family's;my mother talked to them all the
time.
Q As far as personal association on a day-to-day or week-to-week
or mon'ttl-to-month basis,you didn1t have that with Lillian Alloway
Certainly.
is because you kn~w that you weren't that close with Lillie that she
No.
And isn't it a fact that the reason you said you didn't expect anythil1 g
Is that correct?
would leave ~nything to you?
~MR.TROUTMAN:If the Court please,this has been---
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:t..~leave anybody wculd be left to the church,not for personal reasoru:.
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But you didn't expect anything.
No.I just always felt whatever they had they would leave to the
church.
At no time did you ever stay at Lillian Alloway's home until after
she died when various relatives came there?
Well,we didn't stay because in a day'S time we had time to go
back and forth.So we didntt stay.
Q Actually,you were within driving distance that'if you had been
closer with her..you could have come more often,could you not?
A If there was anybody there to take me,I certainly would have.
Lola Wortman
But my families are farly separated.
Q But the fact is that you just didnTt see her often at all.
134
A I have to say that because I didn't"not as often as I wanted to.
•Q
Ii I drove it would -oe different.
For instance"you werenTt aware of what she had or you never had
<given her business advice or anything.
z<~A She never asked it and I didn't inquire.
IIIzZ~Q And she didnTt volunteer it either?
io~A No"she didn't.z
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at all.
No •
You have no knowledge of what Lillian had.
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to it.ll you know.Just no value to it.
I might have ma~ked this down wrong"but I thought you had stated
in your direct tEstimony that you had gone there in the last two
years and she wasn't home.
Well"we had bEen there.When this picture was taken"that was
the second year.But in between the two acd the next time in the
fall,when it wc=.s near Christmas time;it was in the summer
I had been there twice and she wasnIt home.
Q In other words,the picture was taken abou:two years before she
died.
I think so.
Lola Wortman 135
In that two yeaEs you had been down-there twiCE:but she wasn't hom!>"t
In the one summer.
Yes.In other words~so we will be clear,within the two years
you had gone down·there tw~ce in the one summer and she wasn't
home~
That would make three times.When the picture was taken,once.
When the picture was taken you had seen her?
And within the two years had gone down there twice but she wasn't
home.
Yes.The next following summer.
Within the two years you saw her the one time.
Yes.But I had visited her three times.
Well,all right.You're saying you tried to get down but she wasnl
home.
That's it.
I think that IS all.
REDIRECT EXAMINATION BY MR.TROUTMAN:
Q Mrs.Wortman,didn1t your mother and you live with Lillie and
her mother?
A Yes.
MR.ROSENBERG:Just a minute.That is objected to for the
Lola Wortman 136
same reason as previous objectionsJ going back many many years,
the Court having ruled it irrelevant.
showing she knew 'Nhere the Alloway home was.•
THE COURT:
MR.TROUTMAN:
The objection is overruled.
I wanted to put it in just for the purpose of
many years agoJ which the Court has ruled as being irrelevant.
<MR.ROSENBERG:
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However,it comes in for a purpose of many
The objection is overruled;exception noted.
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UgRECROSS EXAMINATION BY MR.ROSENBERG:...
:tI-:;Q How many yean:back was that?
•
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Cross examination.
Thatts all.
That's all.
Yes.When we were quite small.My sister and I,my older
sister.
MR.TROUTMAN:
Q
rti~A Letts seeJ I would say 1900,around in there.
0:ono~Q About 67 years ago?
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Katherine Davis 137
KA THERINE DAVIS IS RECALLED.
DIRECT EXAMINATION BY MR.TROUTMAN:
•Q
(Witness has previously been sworn).
Mrs.Davis.,prior to this case,has anyone ever dis puted your
relationship as first cousin to Lillian Alloway?
record at the present tim e)and having been s:ipulated.
~MR.ROSENBERG:
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Obj ected to as immaterial on the state of the
The objection is sustained.
Often.
Yes.
Did I ever visit her at her home in Gaston'JiiiLe?
Mrs.Davis)will you state whether you ever visited Lillian
Alloway at her home in the Gastonville area?
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Q
A
Alloway?
Several times a year.
Did you call Lillian Alloway or did she call you?
Both.
Did you receive cards and corr~spondence from Lillian Alloway?
An occasional letter and Christmas cards always.I wanted to
correct that business of often.I meant once l3.year or twice a
year I visited her.And then for a period of time a week or so.
Q And did she visit you in Washington.,Pennsylvania?
A Yes.
Katherine Davis
Q I believe the Regis:ry of the funeral home where your husband was
laid out shows that Lillian signed the Registry card,is that correc ?
A Yes1 that's right.
Q Now did you have any notice from Mr.Ray or anybody else that
he was going to come to the Courthouse on ITu~y 7 and take out
Letters of Administration on Lillie Allowayts estate?
No.
Did you see the will or paper that Lillian Alloway signed and has
been filed of record as a will before her burial?
No.
And did anyone show it to you while you wellOe over in the Alloway
home after the Lmeral ?
No.
Did they talk ab::>ut it?
aiffi A Yes1 they told us they had the paper leaving it to the four friends.
t-o:o~o:Q C .-ross examIne"
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ii:~CROSS EXAMINATION BY MR.ROSENBERG:
138
Q In other words.1 one of the persons that tol:1 you that they had
the paper leaving it to her friends was Mr.Ray.
A Pardon me?
Q One of the pel'sons that told you after the :uneral that they had
the paper lea'ling it to her friends was Mr.Ray.
~'------1r------------------------------.t---
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Katherine Davis
It was he who told us.
Right.And your sister..Mrs.Wortman,was :here at the tim e.
Thatls right.
And you and your sister both told him at the time that you didnft
expect to get anything from Lilliets estate.
I said that if that was what Lillie wanted,if that was her will,it
was all right with us;'with me.
DidnIt you state further to him that you didn't expect to get anythin!
but that you thought that she would have left $omething to the churc [1 ?
I didnrt say anything about the church.And =am not sure that I
said that I didnIt expect anything.
Did you hear your sister say that she didntt =xpect to get anything?
Yes •
Your sister said it?
Yes.I heard her say it.
As a matter of fact"from point of visitatior_,you didn't often
visit with Lillie.
On the basis of what they visited us"which was once a year"as
long as I can remember,we went at least once a year to visit her
and them.
139
Q In other words"over the years,it might be a case of your visiting
once a year and perhaps they visiting you once a year.
A Most of the time it was that way.
Q In other words".there was no everyday type of closeness.
A
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Katherine Davis
Certainly not.We were not that close.
That1s righ:.In other words,Liliian Alloway was the type who
confined herself pretty much to her close friends around there in
Gastonville.
Well,I don't know who she had a better time with.
In other words,you didn1t spend enough time -Nith her or have
enough particular day-to-day closeness that you would know who her
closest friends w8re.
I never went there that there was anyone there.
All right.And there was no regularity of phone calls and discussi >Us
between you and Lillie Alloway.
When occasions came up,we called each otter.
I think she did come when your husband died.
Absolutely.
And I believe Mrs.Boyd brought her there.I think her name was
on the Registry.
Maggie Boyd.
Maggie brough:her there?
That's right.
And your relationship to Lillie was not through the Stilley side,
but through her father1s side.
With Ora Alloway.
You are not attempting,as I understand i:,to state under oath
140
Katherine Davis 141
here that there was any particular closeness between you and LilliE?
A How can I tell you how she felt about m:e?I loveq her and was con
cerned about her.
Well..I'm concerned with visitation.There was no particular
regularity of visitation.
I went when I could go.
Which you said was maybe once a year.
That's right.I depended on someone else to take me.
As a matter of fact,when you came to the funeral home after she
had died..many of the people there,or perhaps most of them were
strangers to you.
Oh..with the exception of these people here and relatives who camE.
You are not familiar with her general circle of friends in the
Gastonville area?
I did know another family of girls.
What's that?
Another family of girls who were there.
Who was that?
The Thompson girls.
That's about the limit of it,these Thompson girls.
I think thatIS all.
MR.TROUTMAN:Jus t one question..Mrs.Davis.Did either
Margaret Boyd or Sadie Messner call you to tell you that your
Katheri ne Davis
142
cousin Lillian Allo'Nay had a heart attack and was taken to the
hospital?
like to enter into evidence the Petitioner's exhibit:;Number two,•
A No.
MR.TROUTMAN:Thatts all.If the Court please,I would
That is objected to.That is irrelevant
If the Court please,I have a very short
record,if required.Mr.Ray?
sur-rebuttal;again,res'pectfully aski?g the right to open the
and immaterial.
which has been previously described in the testimony.
TROUTMAN:If the <burt please,could we set a time
ROSENBERG:
ROSENBERG:
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ioI-~THE COURT:The objection is overruled.The Exhibit
xIII0(~Two is admitted in evidence and made part of the record•
..:~MR.
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limit so Mr.Rosenberg---
of whom live outside of Washington County.
MR.TROUTMAN:
ttill:III
l-ll:oII.~MR.ROSENBERG:
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We can do it when werre finished.
Ild like to,so I can inform my clients,somE
MR.ROSENBERG:We donlt want to take any advantage.I
will certainly give you plenty of notice..I don It want to take
advantage of it.
MR.TROUTMAN:So we will knONJat a certain stage if itls
completed.
THE COURT:If the matter requires additional testimonyr-'----n--------------------=--~-
•
•
from Mr.Rosenbergts client,he will expeditiously inform the Cou t.
He stated that he had to make a study of some matters before he
knew that.And we certainly would expect him to know that before
the end of this week and inform the Court.A:ld then we could
set a date for the continued hearing,if there be one.You may
0(call this witness.
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IIIII..
~RALPH E.RAY RESUMES THE STAND.
I-~zi:DIRECT EXAMINATIOK BY MR.ROSENBERG:
III<0(
~~Q Mr.Ray,after :he funeral,did you have occasion to tell both
o
Ii:Iii Mrs.Wortman and Mrs.Davis about the will that you had?o
..J~A Yes,I did.
o
:J;Q And did you inform them as to who was named in the will ?
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143
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Yes,I did.I was very specific in stating the four ladies present
there,Mrs.Messner,Mrs.Boyd"Hannah Mae Harrison,and my
wife.who wer::l stipulated in the will as the recipients of the estate.
You made that clear to them?
Ye:s..She had named those four ladies in the will.
Whart.
!'iid Mrs.Wortman and Mrs.Davis"in the presence of each other
tell you at that time-?-.
As I testifiec.before,they stated to me that they had not expected
to receive anything from Lillie's estate,and ~hat they didn't expec
it and that they were glad that the'four close friends had received t.
Ralph E.Ray
144
Q Did either of them say anything to you about the church?
A To my knowledge,I heard nothing about the church in reference
•
to this document.We had been talking of the church,I believe iPs
her son-in-law,we were talking,and he informed me he was a
Sunday School tea,~her and things,but as far as the will is con-
No,I did not.I did not have the will in my possession at the home
You had the will.in your possession after she was buried.
It was in the file of Mr.Ros enberg.
Who had it?
That's all.
Lillie leaving an~·thing to the church,as far as they are concerned.
cerned,I had no recollection of any statemen:being made about4:
Z<~>-enzz~Q
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I:en;CROSS EXAMINATION BY MR.TROUTMAN:
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What time did you give it to Mr.Rosenberg?Before she was bur ed?
Oh,J y'es.He had it before she was buriec.for safe keeping.
Did you show the will to Mrs.Davis?
Did you sho~it to Mrs.Wortman?
A No,I didn't.
Q Did you make the remark in their prese:lce that you didnIt know
whether that paper would hold up in COl:.rt?
A No,I did not.
Q By the way,Mr.Ray,I believe you knew that the Knox Law Firm
Ralph E.Ray
145
and Sherman Siegel who was associated with them were lawyers
for the Alloways and still is,,for many years.
difference.
irrelevant and jmmaterial.If he did or didn't doesn't make any•
MR.ROSENBERG:Just a minute.That is objected to as
Mrs.Wortman and her sister.
informing the two ladies about the general contents of this will,
they told you that they expected nothing in the estate.Who do you
your answer to one of your counsel's questions,you said that upon
Did both of them tell you that?
mean by "they"?
~THE COURT:The objection is sustair-ed.
z~>gQ No further ques tions •
zz~THE COURT:I have a question of this witness.Mr.Ray"
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Yes"they both were talking together.
A Yes.
THE COURT:
THE COURT:
We were discussing the
Both Mrs.Wortman and Mrs.Davis.
Did each of them tell you that they did not
expect anything?
case together.
iii~AI-a:oQ.
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A Right.
THE COURT:Any other questions?
MR.TROUTMAN:No further quest:.ons,Your Honor.
THE COURT:Testimony is closed,except in the event
-"---'.-..~=-~:.~
146
•
~.
•
I
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that counsel informs the Court that they have other testimony that
they desire to present,and the request,if any such testimony is
desired,shall be made to this Court on or before Friday afternoon
at 3:00 o'clock,.this corning Friday.If such a request is made,
the Court will then act upon the request.
(Proceedings Closed).
**********************
~Transcript completed -October 30,1967
I hereby certify that the proceedings and evidence are contained
r~fUllY and accurately in the notes taken by me on the hearing of the above
cause,and that this copy is a correct transcript of the same .
.'jf,"...fl ,,;".,"./,''I ••'"',l <'
9fFCi{1.}Stenographer
The foregoing record of the proce'e'clingE upon the hearing of the
above cause is hereby approved and directed to be filed.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
COUNTY OF ~(;i.~~.~?(;rt::'?.n.:.
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Form RCC-33
RESIDENT DECEDENT
IMPORTANT:This return must be completed in detail and filed in duplicate,with will attached,with the
Register of Wills of the County where decedent 'resided;Return is.due within one year after
date of death,unless an extens:'on is granted by the Secretary of Revenue.(Section 703 of
,..the,.In!Jt!ritlince.../in!i .E.~t.lite'Xax 1\ct of l~!>L)
..........~.~ll.;;.;:;.~;;;.~~;::·.E~T~~.~O.~}=:::OF Ralph E.Ray
(State full name of decedent)Washington ADMINISTRATOR eTALateof.... . . .....County
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Administrator of the estate of the above-named decedent being duly sworn,depose S and say S
..Executor
Decedent'dJed ......Y.:.1J1~M;~th)ii;;;~i ,19(~Z;i..{:::~~eaVing a last will,=py of which is hereto attached.y
:::::.;m;,~:~~.:':::::::..:::;;;::}..~~6"e~s~t~~~~;;R~~~~~~id~:~~~:hi;:;gto;;;p,;:-..··15301
m';lod~hat as such1\,Qi;t~.!!~.~.:t.E.e.tQ......~(l;1j,Orie:t is familiar with the affairs ~aid estate aud the p~~rt;-e:n-
(~.....Arlmini8lralor)'-....
stituting the assets thereof and theirfair market value..~
That at the time of death there was no safe deposit box registered in decedent's individual name,or jointly
with,or as agent or deputy of another,or in decedent's individual name,with right of access by another as agent
or deputy,with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INS1TTUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINTINWHICHDECEDENTRENTEDASAFEDEPOSITBOXINNAMEORNAMESOFHOLDERSTODECEDENTNone
That the contents of said safe deposit box or boxes are itemized under Schedules of this---return,with the exception of the following,for the reasons hereinafter set forth:
That Sc.hedule A attached hereto a:1d made part hereof sets forth full v and in"detail all the
real property in the Commonwealth of Pennsyl,ania of which decedent died havin5 an interest therein.It
also sets forth the mortgage encumbrances upc·n each parcel of real property at the date of death,giving
the amount still due at death,name of mortgagee;date,rate of interest,and book arid page of record
thereof.It also sets forth in the columns provided therefore the assessed valuation of each of said
parcels,the estimated market value thereof as of date of death of decedent.
That Schedule B attached hereto and made part hereof sets forth full)'and in detail all personal
property wheresover situated owned by the decedent at the time of death;all maneys left by the decedent
at the time of death,whether in decedent's immediate possession,standing to decedent's credit in banks
of deposit,saVings banks,trust companies,or other institutions,whether indiVidually,or in trust for
..an~other person or persons giving also separately the accrued interest thereon,if any,down to the last.'."interest day prior to decedent's death in the case of savings banks,and to the date of decedent's death
in all other cases;all.bonds,posta~savin~,treasury certificates or notes and other evidence of in-...--,----('.debtedness of the United States to the dececent;all obligations,whether by statute or agreement they
are designated as tax free,~f.the United States,or any state,or political subdivision thereo~or of
any foreign country,which are owned at the time of death;all wearing apparel,jewelry,silverware,pic-
tures,books,works 'of art,household furniture,horses,carriages,automobiles,boats,-:'and any·and all
other personal chattels of whatsoever kind or nature,left bydecedent.,together with the fairly estimated
market value thereof;all bonds and mortga.l!es held by decedent and of all claims due and owing decedent
at the time of death,and all promissory notes or other instruments in writing for the payment of money
of which decedent died possessed,of whatsoever nature,with interest thereon,if any,giving the face
value and estimated fair market value thereof,and if such estimated fair market value be less than the
face value,it sets forth briefly the reasons for such depreciation'as to each item;all moneys payable
to the estate from life insurance policles carried by decedent;all annuity and endowment contracts the
proceeds of which were payabl~upon the death of the decedent;and all the corporate stocks and dividends
due thereon and unpaid as o'f the date of death,bonds and a'ccrued interest thereon to the date of dece-
dent's death and other investment securities owned by the decedent at the time of death,with the market
value thereof at such time.
.'i'!
,
\,'\
"
I~_,~~~~c!!:~e~_of securities of close or family corporations,the values reported are as far as
possible substantiated by financial statements of the corporations,showing the assets and liabilities
thereof as of the'date of death.The schedule also sets forth the interest of decedent at the time of
death in any co-partnership or business,and in support of the value of such interest there is annexed to
said schedule,financial statements showing the assets and U,abilities of said co-partnership or business.
A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the agreement)
together with a statement setting forth the character of the business,its location,and such other facts
pertaining to thlLl;msiness as -may be pertinent to a fair and just appraisal of the decedent's interest
therein must be submitted.,It should also set forth in itemized form,together wi'th-rt,fie-fairr~i!fet'lValue
thereof,any other property owned or bequea£hedby the decedent at the time of death.
,,...,
The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry
contained therein and in the case of transfers ofproperty,real or personal,within'two..,years or decedent's
death,in contemplation of decedent's death,or'intended to take effect in possession or,enjoyment at or
after death,said sch,edule sets forth the nature and value of such pr,operty,'to ':whom transferred,the
relationship of the'transferees to the decedent,the proportionate share received by each transfe~ee and
all other facts or a pertinent natur,e regardin~:said tr'an~fers.-In the -case"of t~ansfers intended to
take effect in possession or enjoyment at or after death,there is also attached to the schedule a cODY
of the deed,trust agreement or ~ther instrument creating the trust.TherA is a~~o set forth in said
schedule a list of all property,real and,~~:sonal,with its value,which pass~s at decedent's death by
virtue of the exercise by decedent,either individually,or jointly with ano,ther,or any power of appoint-
ment vested in decedent,either -indfvidually or jointly,by'the ,wBI,.'deed,or other instrument of another,
-('with a copy ,of ,the'inst~umen·t crell-ting such pow~r attached:to the 'schedule.
That Schedule D attached hereto and made part hereof sets forth the names and addresses of all
persons beneficial.ly interested in this estate at the time of d·ecedent'·'~'de~th~the nature of their res-
pective interests,their relationship,,if any"to the decedent,together with'the ages at the time of
decedent's death of all minors'-'annuitants and beneficiaries for life 'under decedent's Will.It also
contains a statement shOWing which of the beneficiaries named in the decedent's will,if:any,died prior
to decedent,the dates of their 'death,their issue,and the relationship of such,issue to the beneficiary.
That Schedule E attached hereto ,and made a part hereof sets forth all property,real and per-'
sonal,owned by the decedent jointly with'another or others,including intangible,standing in the name
of tile decedent and others,plus the date and place of rec,ord of instruments eft:ecting the vestiture o'f
real estate and the date of acquisition of personalty,plus the name,address and relationship,0if any,
of co-owners to the decedent.
That Schedule F attached hereto 'and made a part hereof sets forth fully and in,detail all debts-..
and deductions claimed for and on behalf of this decedent's estate,including funeral expenses paid;
family exemption,where applicablejcosts of administration of thIs estatej counsel fees and fudiciary's
commissions paid or to be paid;cost expended for burial trusts,tombstones or gravemarkers,and reli-
gious services,in consequence of the death of'the decedent;debts and claims OWing and unpaid at time of
~.death;taxes accrued chargeable for period prior to decedent's death ,(except .those allowed under Section
651 of the Inheritance and Estate Tax Act);together with a 'statement of collateral pledged for obliga-
tions,if any.It is agreed that the fiduciary will present proof of said claimed obligations upon re-,
quest,that if the amount actually paid in settlement of any fee,commission or debt is less than the
estimated amount claiming and allowed,that the same will be reported to the Register of WillS,and that
the amount of tax assessed can be reassessed in accordance therewith.
That the totals of the appropriate columns in Schedules "A","B","C","E",and "F"as directed therein"
have been carried forward and properly registered in the Summary•
......:..:&!..!t...?;'I.(1..~
,~'tftof)
...............I..l.~Subscribed and sworn to before me this
.::.'_.:_::__:~.•.~~..•..•.........••.••._1~~__~
......J.?..Q ViiPIW.Y.C.:k v.:e.J}e -..
M:::,:;~~~~:~;:::,:~B:E~;···················i~~~G~··,···············-
NOTE:Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are
filled in with details or the word "None",and in case the assets include rare and unlisted securities,
securities of close or family corporations or an interest in any co-partnership or business,that the
data and statements required under the paragraph above relating to Schedule "B"are attached.Also make
certa:f.n that column #1 in the "Summary"has been properly completed as above-directed.
:----i
RCC-34 (1-64)
COMMONWEALTH OF PENNSYLVANIA
DEPAR'TMENTOF REVENUE . .
BUREAU OF COUNTY COLLECTlO~S
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
" I ._+-~~iSCHEDULE~IIA"
teAL PROPERTY
Real property in Pennsylv.ania,with statement of mortgage encumbrances up.on each parcel at death of dece-
dent.Where property heid as joint tenarit or tenancy by entireties,.report on Schedule "E".Property held by
the .de.cedent·as tenant in common with another.or others,should .be identified as to quantum of interest and
the estimated value should be that of the dece~ent's interest only.
The real property located In the Commo!."wealth of Pennsylvanl J should be .
described by lot and block number,street and street number,tagether wi th
a general description of the property,with a reference to the record of the
conveyance by which the decedent took title;If a farm'state number of a·
cres;also statement of mortgage encumbrances upon each parcel at death
of decedent,Taxes,assessments,ac·cr.ued Interest on mortgages,etc.,are
to be listed on Schedule "F"and must not be deducted.from this schedule.
(1)
ASSESSED VALUE
FOR YEAR OF
DECEDENT'S
DEATH
(2)
ESTIMATED
MJlRKET VALUE
(3\/
DI;PARTMENT
VALUATION
CAUTION
(Do not w,lte
In this spoce)
P~rce1 of land consisting of 26 ~cres
more or less having erected thereon
two ,frame dwellings and 'other out
buildings situate McChain RQad,Union
Twp.,Washington County,-Pennsy1v;ania
Parcel of land consi$ting of approxi-.
mate1y 41 acres :having erected thereon
a two story stone dwelling and out
buildings situate Elrama Road,Union
Twp.,Washington County,Pennsylvania
Parcel of land consistirtg'of 1 acre.
87.8 perches havirig erected thereon·a
two story frame dwelling situate
Village of Gastonville,Union Tvrp~,{l.f:",·...01..5 Jf 0
Washington County~Pennsylvania.,
'..,I
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Insert this total opposite II rea l property",Schedule IIA"in the X X X X X
"As Reported"column on the last page of this rehJrn.
7,000.00
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y(P()OO,OO
RCC'-35
COMMONwEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "n"
PEESONAL PROPERTY
INSTRUCTIONS:This Schedule must disclose all tangible and intangible personal.property'owned .individually
by the decedent,at the time of his death.Property owned by the decedent jointly with another or .others
must be listed under Schedule "E".Inta;gible personal property,titled in the name of the'decedent,but
payable at death to another or others,including but not limited to,.P.O.D.U.S.Savings Bonds ~nd tenta-
tive trust accounts,must be listed,despite the fact that they are not of the administered.·.estate.
Tangible personal property Should be listed first (e.g.jewelry,wearing apparel',household
goods,and furnishings;books,paintings,auto.mobiles,boats,etc.)·.
Intangible personal property,such as bonds,treasury ~ertificates,.·~ash~n hand.and in bank;.'.'..'stocks,'mortgages,notes,together with ac.crued interest or diVidends,salarles or wages,in1>urance p'ay-
able to the estate or fiduciary in said capacity,partnership intere.sts,interest fn anyundis'tributed
estate of or income from any property held in trust under the will or'agreement of another,even though
located outside of the State,a.t the time.of death,should be listed in this s·::hedule.
Item
No.
ITEM
List and describe fully
UNIT
VALUE
ESTIMATED
~WU\El'VALUE
'I,.
DEPARTMENT VALUATION
(Do not write in
this space)
.~\,."'s;:.r(),.J
Savings Account -Pgh.Nat'l Bank,4th
Avenue,pittsburgh,Pennsylvania
Account No.186689 -Bal.as of 4/5/67'
Western Pennsylvania Nat'l Eank,
Finleyville,Pennsylvania,Savings
Account No.5134,Bal.as of 1/3/67
Savings Account -Mellon Nat'l Bank
Pgh.Office,Pgh.,pennsylva,nia.
Account No.20424 -Bal.as of 6/20/67
Checking Account -Western Pennsylvania
Nat'l Bank,Finleyville office
Balance
Household Goods
Automobile
l)V~,J.
O/(/.·7:tJ·
1,017.59 ~~~
1;057.00 ..lJt</7;:;
25.00 O/,VrJ.
"rotal $~6-§,6-5-97=9·9
__.L----L__+-c,=G:;"-.-f-/=/%:---:.5,--'-+_
Insert this total opposite "Personal Property",Schedule "B"in
the "As Reported"column on the last page of th~s return.
x X
RCC-30
comroN'I'EALTH OF PENNSYLVANIA
Tlli\NSFER INHERITANCE TAX
RESIDENT DECEDENT
•'<
SCHEDULE "c"
TRANSFERS
(1)Did decedent,within two years of death,make any transfer of any material part of his.estate,without
receiving a valuable and adequate consideration therefor?(Answer yes or no)~o
(2)Did decedent,within two years of death,transfer property from himself to himself and another or
others (including a spouse)in joint ownership?(Answer yes or no)No
(3)If th~answer to (1)or (2)above is in the affirma~ive state:
(a)Age of decedent at time of transfer n/a
(b)State of decedent's health at time of making the transfer.(Note 1).
(c)Cause of decedent's death.(Note 1).
(4)Did decedent,in his lifetime,make any transfer of property without receiving a valuable or adequate
consideration therefor which was to take effect in possession or enjoyment at or after his death?
(Answer yes or no)No .
(a)Was there any possibility that the property transferred might return to transferer or his
estate or be subject to his power of disposition?(Answer yes or no)n/a .
(b)What was the transferee's age a't time of decedent's death?n/a '.
(5)Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration
therefor under which transferor expressly or impliedly reserves for his life or any period which does
not in fact end before his death:
(a)The possession or enjoyment of or the right 'to income from the property transferred?
(Answer yes or no)NO
(b)The right to designate the persons who Shall possess or enjoy the property transferred or
income therefrom?(Answer yes or no)n~a
(6)If the answer to (5)(b)above is;t.n the affirmative,state whether the right Has reserved in decedent
alone or others n a
(7)Did decedent in his lifetime make a transfer,the consideration for which was t~nsferee's promise to
pay income to or for the benefit of care of transferor?(Answer yes or no)0
(8)Did decedent,at any time,transfer property,the beneficial enjoyment of which was subject to change,
because of a reserved power to al ter,amend,or revoke,or which could revert to decedent under terms
of transfer or by operation of law?(Answer yes or no)No
(9)If the answer to (8)above is in the affirmative,was the power to alter,amend,or revoke the inter-
est of the beneficiary reserved in the decedent alone or the decedent and oth~rs?
(Answer yes or no)n/a
NOTE 1:The answers to these questions should be supported by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2:If answer to any of the above questions is yes,set forth below a description of the property
transferred,it's fair market value at date'of death,dates of transfers and to whom transferred,with
relationship of transferees to decedent,if any.Submit copy of any trust deed or instrument,if trans-
fers are claimed to be non-taxable,also submit detailed statement of facts on which said claim is based.
NOTE 3:List applicable property below in manner in which provided in Schedules A,B,or E.
ITEM DESCRIPTION MARKET VALUE
(Es timated)DEPT.VALUATION
(Dept.Only)
Insert this total opposite "Transfers",Schedule "C"in the
"As Reported"column on the last page of this return.
C(\M~h)NWEi\LTH 0F PENNSYLVANIA
'r'i\M\::,FEll INHlml'rANCE TAX
1tF~InENl'DECEDENT
SCHEDULE "E"
JOIN'ILY OWNED PROPERTY
nSTRtTTIO~S:This schedule must disclose all property,real and personal,owned by the rlecedent jointly
with another or others,inciuding intangibles,standing in the name of the decedent and others.List
real estate first,as entireties,or joint tenants,giving brief description,as indicated tmder Schedule
"A",plus the date and place of record of instrument effecting vestiture,but do not include entireties
or out of state real·estate value in estate valuation column.Personal propert;/should be listed as in
Schedule "B",plus date of acquisition,and the name,address and relationship (if any)of co-O"wners to
the decedent.
Description of Property,Date of Acquisition,Name I unit perce~t~;--E;tate
Address and Relationship of Co-Owners,and Place (Value Share Valuation
of Record of Instrument,where Real Estate.l
None
II,
II
IIiIi
Insert this total opposite "Jointly Owned Property",Schedule ."E"
in the "As Reported"column on the last page of this return.
DEPART~£ENT VALUATION
CAUTION-Do not Write
In This Space.
Value of Value of
Entire Decedent's
Property Interest
I
I
f.
I
I
IIIIi
IL~....J
RCC-37 (12-63).""'"COMMONWEALTH OF PENNSYYLANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
....r ......
..~,.,';
SCHEDULE "D"
BENEFICIARIES
(
h
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step-children or DATE INTEREST OFStatefullnamesandaddressesofallwhoillegitimatechildrenDECEDENTOFBENEFICIARY
ave an interest,vested,contingent or other-are involved,set STATE YES IN ESTATE
wise,in estate)forth this fact.)OR NO BIRTH
Marqaret Boyd (Maqqie)None Yes 1/4
R.D.Finleyville Pa.
~•...
Sadie Messner None Yes 174
R.D.Finleyville,Pa.
Hannah Mae Harrison None Yes 1/4
R.D.Finlevville.Pal
Helen Ray None Yes 1/4
120 Vanwyck Ave.,Pgh.,Pal
.
A
)
,
I :
Deponent further says that all the above-named beneficiaries are liVing at this time except below:
NAME DATE OF DEATH RESIDENCE
*All of the above parties named are over 21 yearsof.age.
OF THE
~IATTER OF THE APPRAISEMENT
o
0)
J.-'_~
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Year ..
P.I<THE
No.
.V;Ta..13!J.i.1l.~:t:C?l1:c;)~..)
/'"
ESTATE OF
Lillian Alloway a/k/a Miss
Lillian Alloway a/k/a
..:L.i.:L:L :iCl.I1.Ma~....1\.1.1.<:>W'~Y .....
Deceased
Commonwealth~ofJPenrfsv}vania
C"JC i:"::-----I(7"""I~c.J)
r 1"')~:_~l,;)r--REPORT.AND APPRAISAL-'-~>m
:::":::-;~I f
r:-;CJ'0 I..(/)......
County of
Will .(
Administration ~
;
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OF ~w_a_s_h_i_n_g""-t_o_n__COUNTY
AND ACENT OF TH.COMMONWIiALTH
l-4-._~/TYY 7.
THE SUM OF s.lf,(fA 17
DATE APPROVED ._Z~3..~-.~.J.
'~~~'!td
.Ragiller of Will.,Ageal
DEDUCTIONS ALLOWED IN1t.f7.f/.:;
'-,'I
STATEMENT OF DEBTS
AND DEDUCTIONS
,..OFFICE OF'THE
REClt!lTER OF'WILL6
Form RC C'-lO
Lillian Alloway Finleyville,Union Twp.,Pa.ESTATE OF _~_~~.=.-L.ATIi OF _~__"'_"--__~-=--_
DATE OF FILINQ AI'P"AlliIlMIlNT ;:?-J cJ·6 POATil 01'DEATH _..,;.J_u_l_Y,,--_3.,.,_1_9_6_7 _
r
CATE NO.O~NAMII:OF PAYEE REMARQ AMOUNT
VOUC>4""
7 /7 67 Josephine M.Douglas Ltrs.CTA 15 50
7/2'67 Observer "Reporter Advertisinq 12 50 I
7/18 67 Washinaton Co."ReI=orts Advertising 12 50
7/29 67 Robert P.Van Voorhis APpraisal 35 00
7/29 67 Memorial Hospital Last Illness V 1 183 59
7/29 67 Union Township 1967 Township Tax 59 10..
7/29 67 Union Township 1967 School Tax 449 68
7/29 67 Washinqton County 1967 County Tax 127 01
7/2S 67 Albert Devore APpraisal 25 00
7/29 67 Jessie M.Allrtdge Grave care 20 00
7/29 67 'Nelson Allridge Gr~enhouse Flowers 6 30
7/29 "67-6/15/6 S Eauitable Gas 117 80
7/29 1167-6/15/6 B 'West Penn Power Co.95 41
7/29 67 Pierson and Scott Fire Insurance 124 00...-~,"'4 -"""~..',.'-'.
8/7 67 Josephine M.Douqlas 3 Sh.cert-.3 00
8/7 67 Sadie Messner "Reimbursement for minister 20 00
8/7 67 Robert Messner Opening sewer 5 00
8/7 67 Ed Faulk "Rubbish removal 15 00
8/7 67 Bell Telephone 6 72
8/7 67 Kurtz Monument Lettering 42 50
t<U [le"Y1i"t"
A/A h7 W~lter L Kennedv home Funeral 2 071 2C;
8/21 67 M.S.Stevenson,M.D.Last Illness 205 00
8/21 67 Ed Faulk '.Auto inspection 3 68
9/2 67 Anderson and Pollock Bond premium 460 00
9/11 67 (Josephine M.Douglas Filing Answer 1 00
11/7 67 Jackie Hammond Copy of Transcript 29 20
COMMONWEALTH OF PENNSYLVANIA }
__W_a_s_h.....:.....i_n_g_t_o_n_____.,.:COUNTY OF .
I,.Ralph E.Ray HERESY CERTI"".THAT.TO THE IlEtiT OF'
Ilfy kNOWLEDGE AND BELIEF'.THE F'OREGOING 18 A JUY,."!'i TRU E 8ri~ENT OF DEBTS.P'UNERAL EXPENSES AND EXPENSES 01"
ACMINISTRATION .,UBMITTi:D TO THE ESTATE OF .~~an A oway Di:CU.ED,".DEDUCTIONS FOR
INHERITANCE TAX PURPOSE•.
,,-,.
1\·...•"
_________________IL.S.)
V,'f ....'")'\,1
t,.!C.
,ll'""Ud,iTVVlf..S.',.,." ,..•,'."J .
/-~.....
Form RCe-lO -<'."•..-DEDUCTIONS ALLOWEO IN
AND AGENT OF THE COMMONWIlALTH
OFFICii OF THE
ItEGltrTDI OF WILLS
OF Washington COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF 0 0 ••_ • 0 ••••0 ••••••_._••__•__•__
ESTATE OF __L_i_l_l_l._·a_n_A_l_l_o_w_a..::;y LATE OF _=-F..::i:..:.n.:.:l::.:e::.yv~..:::i:.;:l:.::l::.:e::.L.,....:..:::U..:.;n:..::i::.;:o~n~..:.Twp~:..:.:....,t._=_P.=a..z.__
July 3,1967DATEOFFILINeaAI"PltAI••MINT DATE 01'DUTH -_~.;;.;.;;;;.__"--~_;:;;.;;..:;..~_
Pro rata ~real estate tax
DAT~NO.01'
VOUCH""
12/9 67
2'/26 ·68
7/9 68
7/9 68
7/9 68
7/9 68
7/q ~A
7/9 68
NAME OF PAYEE
J.D.Sevick
.Russell Marino
Ronald 'Dusmal
John D.Woodward
Ralph E.Rav
Bloom.Bloom.Rosenberq &B.l.OOm
.Tohn McClure
Robert P.Van Voorhis
.REMARKa
Maintenance
Inventory
Pa.Transfer Stamps-
Administrator Commission
Attorneys'Fees
Survey
Real Estate Commission
Total
.
'to
AMOUNT
13 -57
33 50
78 la'
l~n nn i
4,654 78!
c:;~c:;c:;nn,1
~c:;n nn!
I
500 OO~
,~AQ?~dl
;
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1
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1~,
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I
COMMONWEALTH OF'PENNSYLVANIA
COUNTY OF Washington
I.Ralph E.Ray HEREaY CUTIFY.THAT.TO THE BEeT OF
NY kNOWL~DGE AND .ELIEY.THE FOREGOING la A JUST AND TRU I!:.rATENEHT OF DEIIT1I.FUNERAL EXPIlNSES AND OPENS..0 ..
ADMINISTRATION SUBMITTED TO THE ESTATE OF Lillian Alloway 'ftECSAelED.Aa D~DUCTION.FOR
INHERITANCIl TAX PUltPOtlh./lhf N ~/:'
~*~"J ----:\'Ip.:t::;~~:::ktzJl.~~L..l---------CL.So)'f ./,--Pf f )f
,.__.W-J.o~..N~A::..;N~D:::l.~U"'=:::~RI~~,£Il:::lD:...B-I-F....!OR;...t.:E!:"'~I.,,-T~H_I~.~:.~(:':~~~~~~D-A-Y-OP'_V ",':'~--'-(c',1.~.
j((.,---<.-11"/p /(LA..L ,_"
I
/itt·.-t
N.~.•,1,'_
WIi.~I!ltYG ~or;'',.,:~::.:1:'1 I
•Y"'~I'.Il"i uN GCU:,TY
.,>.~.'.,0''.,~.-...-.
AN :0:53
\
RUSSELL ~'1i-\RiNO
REGISTER OF WILLS
.1
R CC-8\(2-64)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REV'ENUE i
BUREAU OF COUNTY COLLECTIONS
INH ERITANCE TAX DIVISION
NOTICE OF FILING OF APPRAISEMENT
RALPH E.RAY
(~Administrator)
IN YOUR REPLY PLEA.E
REnR TO
37";'29-4·
j
In Re:Estate of__-=L:=I;:=L=LI=:AN;:='~...::A1=LO:::..:W:.:.:·A.:.:Y~a/...;/k~/~a~_
_____---:.:W:.:.:A:=;SH:.:.I=:N:.::G::..:TO~N:.._County - FHe No.9435-63
De ar Mr.Ray:
You are hereby notified that the original
appraisement in the estate of Lillian Allowaya!k!a.
has been filed in the office of the Register of Wills qf vlashington
County on August 22 ,19.6.a.Said·appraisement reflects'the
following valuations:
Real Estate _--,-__~4:;6~•.:::0~OO~.0:::.,:0:::....-_
Personal Property 6~6~.1~6~5~.~5~9~_
Transfer s -::-:,....",......"......,,...,.,.-....,......,__.....,-_
Tota1 -=1==1==2:..z.=1.=.65~.:..5~9:.___
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 A:.:,ug.:::lOLu=s:..;:t:.......:;;;2;;;:;2,L•.....;1=-9~6:.::8=--_
DATE OF DEATH:July .3,1967
Note:This is not a bill.
LILLIAN MAE
~-----.r•.
I
SUMMARY
ALLOWAY,LILLIAN a/k/a ALLOWAY,MISS LILLIAN a/k/a ALLOWAY,
FILE #94.35-6.3
.July .3,1967
.J
RESIDENT DECEDENT
./
«Cc-39 16-67),.
.i-0MMONWEALTH OF PENNSy~,\lAt:lJ~.
TRANSFER INHERITANCE TAX
Tl.EPOHT OF INHERITANCR TAX APPRAISER
duly appointed Inheritance Tax Appraiser in and for the County of
,Pennsylvania,do respectfully repor':.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".
07-0.3-67
08-22-68
FILE #94.35-6.3
I,the undersigned
#6.3 Washington
the real and personal
opposite each item in
Dated:
08-22-68',,Dated:
REPORT OF THE REGISTER OF WILLS
I,the undersigned duly elected Register of Wills in and for Washington
County,Pennsylvania,do T'1~spectfu:ll.y report that I have allowed deductions in the amounts
claimed by deponent,except as to those i terns where a greater OT 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 ~deduction.
REGISTER OF WILLS
INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
J oint-Held Property (Schedule E)
TOTAL GROSS ASSETS
LERR Debts and Deductions
(SCHEDULE F)
CLEAR VALUE OF ESTATE
105.159.59._
16.492.69:=
.~M$~2Q.__
112.165.59._
16.492.69 :=
95.672.90._
======:=
Valuation of life estates or
annui ties • • . • . . . •*_
ESTATE T~X ASSESSMENTS $_
TOTAL TAX BALANCE
PAID
~'---------
$-------
As evidenced by Charitable Exemption
Certificates issued by the Secretary
of Revenue.
*-------
$-------
$-------$
CO~{PUTATION.OF TAX
$======:=
*------$------
$-----ch..~======..=$-----_._-
TOTAL TAX
Less tax preViously paid
BALANCEi
Less 5%of tax if paid within
3 ,months after death
jALANCE OF INHERITANCE TAX DUE
Add interest at rate of 6%from
:to
AMOUNT OF ESTATE TAX ASSESSED
Estate tax paid
BALANCE DUE
Add interest at rate of 6%from
to _
,.
FOR USE OF REGISTER ONLY
T ax on $•__5%$""-_
Tax on $.__10%~__..,..--_
T?;x on !l;~$_--,..'-.....'._~.".-.
Tax on $95,672.90:~$14,.350.9.3_
EX,emptions .__(:::)
T~tal Estate _
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.
:~~inistratiOn !No.·Year ..
IN THE
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
.......................LILLIAN ALLOWAY..a/k/a .
.Deceased
Late of UNION TWP •...._.
County of WN?HLNG-T'ON .
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
P'
Fonn RCC-2'·
DEPARTMENT 'OF REVENUE..
BuREAU OF COUNTY COLLECTlONS~
HARRISBURG.PENNA.77 727
COMMONWEALTH'OF PENNSYLVANIA
RESIDENT INHERIT~CE'Ti\X
APPRAISEMENT
!,
DATE ~.~.':l.~~~.?:'.~?.?..§.
COUNTY W.~.~h..~~.9.~.
FILE NO..9.4??::?.?..
Whereas...J~~J.)J..~.~N"J..9.w.~y late of .JJn:1.9D...T.w.p.L.........
in the County of ~c:l..~~.~~g~9..J.l Commonwealth of Pennsylvania.having died on
the J ...r.4.day of ~r~y 19 6.7 seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore.I...:w.~~.~G.h~n~y _,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 gr·)wing 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 (uture interest.
RMLTY:
As per Schedule "A"
PERSONALTY:
As per Schedule I1B"
TRANSFERS:
NONE
JT.HELD:
NONE
Description of Asset Unit
Valuas
$
Appraisement
Made for Inheritance
Tax Purposes
46,000 00
66,165 59
NONE
NONB
~----------_.:....--_---------t--it--_-+-_I,
Total 112.165 59
II-------------------------------------f----frl-----+--i
fonn::v:~hbl::::%:.w~~::?.:;,2~=:~:;,)~e~~~~ceQd~~~~;i~~i;;YJ;?-
,AJ;:~~;i •••••••••••••••••••••••..••••••••,....~~~:.
I
........................WA$I.1.J.NQ'1.'.9I\1............................County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
L.~~~.~~~.~~~A.:!.~.I~/~.
Deceased.
Late of
UNION TWP •................
Date of Death,~.W.Y...3..,.J,.99.~.
.AppraisemeJ!t Docket Vol.,.3.7 .
Page,4.9.~4 ,N o 943.5.~63 .
Filed in Register's Office,A:l1:g1.g~t ??LJ9..9..f3...
Amount of tax due,$.
DEPARTMENT OF REVENUE
Received,
Examined and,L;lpp'roved,.~'v'.'.~'::J ("""!,~~~;V:~l;In,':..I :,..c':.;'::',_LJWroteilbo.uf 'Ap'Prmsem:e.nt~'J .
.............e,·~····c.···t"'·······l+j···········,"·c:,.
u v ~C'.·~:3 f ~.J J ~::r-'"'-'.!"
J ...l-_0'\.',~Appeal f,.om Appraisement,~.~.
·~~~~;~~···~=q~~~r~:tr·,·<·.··.l .
-.
I..~;
Form RC C-l0 ./'r DEDUCTIONS ALLOWED IN /
AND AGENT OF THB COMMONWBALTH
FILE #
OF
OFFICE OF TME
REGISTER OF WILLS
WASHINGTON COUNTY
9435-63
STATEMENT OF DEBTS
AND DEDUCTIONS
StPPLEMENTAL
Taxabel at 15%
THE SUM OF _...........$........J,..~§.?~9.0
12-4-68DATErtl:~r~
Register of Wills,Agent
DATE OF FILING APPRAISEMENT
ESTATE OF Lillian Alloway,aka e~aOF Union Township
12-4-68 OAT&:OF DEATH July 3,1967
DATE NO.OF NAM&:OF PAYEE REMARKS:AMOUNTVOUCHC"
SUP:PLEMENT lL
/PER AUDIT PETITION 1.881 .00
I Clerk's Costs &Receipts 8 .00
/
TOTAT 1,96 .00
\,
\~~~;-~fO-JJ J.P ~-C~L~..&.-...
~.,e:-?JO 00
",--~~n-J y:;;~fl'A-A J ~-W~(!o~,J _
~~..P..-....u d'.so ~
(U~.-~~J 7~/~~k~~~~......----.-------1/U/~___~'p -~4-./~~
-
COMMONWEALT
HEREBY CERTIFY.THAT.TO THE BEaT OF
ROWENE EBEir'NG NOTARY'PU~~IQ
MY COMMISSION EXPIRES FH 8,!OiIij
WASHINGTON.WASHINGTON GOlll/T¥