HomeMy WebLinkAboutOC1968-0966 - ESTATE OF TUSTININ THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
I
IN RE:APPOINTMENT OF GUARDIAN )
)No.all-d/5P'/FOFALVARAYruSTIN,}'7 (//.
)
an alleged incompetent.)
PETITION TO APPOINT GUARDIAN FOR AN ALLEGED INCOMPETENT
1~Your petitioner is JOHN L.BRUNNER of the Borough
of Burgettstown,Washington County,Pennsylvania,attorney for
Alva Ray Tustin,herein called the alleged incompetent.
2.The alleged incompetent is seventy-four (74)years
of age,having been born on April 6,1894,who has never married
in his lifetime and his usual address is R.D.#3,Burgettstown,
Washington County,Pennsylvania,but who is now a patient at
Torrence State Hospital,where he has been since May 2,1968.
3.The presence of the alleged incompetent in Court
would be detrimental to his welfare by reason of both his physical
and mental condition.
4.The names and addresses of the next of kin of the
alleged incompetent who would be entitled to share in his estate
should he now die intestate are:
NAME
Harry E.Tustin,
Fred Tustin,
Ora McConnell,
Flossie Tustin,
ADDRESS
R.D.#3,Burgettstown,Pa.
R.D.#3,Burgettstown,Pa.
R.D.#1,Georgetown,Pa.
Ankrom's Convalescent Home,
1198 West Wylie Ave.,Ext.
Washington,Pennsylvania
RELATIONSHIP
Brother
Brother
Sister
Sister
5.The inco~petent's_estate consists of an undivided
one-half interest in a two-story frame house and a lot situate in
Smith Township,Washington County',Pennsylvania,having a value of
not more than Four Thousand ($4,000.00)Dollars.Said one-half
interest in real estate was willed to Alva Ray Tustin by his father
Hugh Hamilton Tustin,who died in 1951.The incompetent's estate
also consists of a monthly social security check in the amount of
One hundred twenty five and 40/100 ($125.40)Dollars and a monthly
retirement check from Prudential Insurance Company of America in
the amount of Nineteen and 86/100 ($19.86)Dollars.
6.The alleged incompetent is unable to maintain his
property and he is liable to dissipate it or become the victim of
designing persons because of his condition which requires detention
and treatment in a hospital for mental troubles as indicated by
affidavit of William J.Schilling,M.D.,Superintendent at TorrencE
State Hospital attached hereto and marked exhibit "Alii.
7.The alleged incompetent has no guardian of his
estate.
8.No other court has ever assumed jurisdiction in any
proceeding to determine the-competency or the alleged incompetent.
No guardian has been appointed ror the estate or the alleged in-
competent.
9.The proposed guardian or the estate is John L.
Brunner.He resides and is domiciled at Burgettstown,Washington
County,Pennsylvania.He is an American citizen and is an attorney
who has his orfice at 27 Main Street,Burgettstown,Washington
County,Pennsylvania.
10.The proposed guardian of the estate has no interest
adverse to the alleged incompetent and is not a riduciary of any
estate in which the alleged incompetent has an interest.
11.The petitioner requests the Court pursuant to the
Act or February 28,1956,P.L.(1955)1154,as amended by Act of
July 11,1957,P.L.794,Sec.1,50 P.S.Sec.3301,to award a
citation directed to the alleged incompetent,with notice to his
next of kin residing within the Commonwealth and to such other per-
sons as the Court may direct to show cause why Alva Ray Tustin
should not be adjudged an incompetent and why John L.Brunner
should not be appointed guardian of his estate.
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Personally appeared before me,the undersigned
authority,JOHN L.BRUNNER,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.
NOTARY puauC
My comrni;sion :xp,ro.OCtober •197
Blirgartstown.Pa.Wa5hingtoll count}
STATE OF PENNSYLVANIA
COUNTY OF WESTMORELAND
William J.Schilling,M.D.,being duly affirmed according
to law deposes and says:
1.That he is a practicing physician,resident at the Torrance
State Hospital,Torrance,Pennsylvania,and is connected with the
Torrance State Hospital as Superintendent.
2.That Raymond Tustin,a resident of the County of Washington,
State of Pennsylvania,was admitted to the Torrance State Hospital at
Torrance,Pennsylvania,on May 2,1968,in accordance with the
Mental Health Act of 1966.
3.That upon admission of the said Raymond Tustin on
May 2,1968,to the said hospital,his mental condition was such as
to require/detention and treatment in a hospital for mental troubles.
4.That the said Raymond Tustin is so mentally ill that he
.is unable to take care of his property and in consequence thereoF is
liable to dissipate or lose the same and become the victim of designing
persons.
5.That the general condition of the said Raymond Tustin is
such that his welfare would not be promoted by his presence in County
Court.
Further deponent saith not.
M.D.
Sworn to and subs cribed
I before me this 26th day
I "
of June 1968.
·Lr{t·~
MARY A.VA NOY,NOTARY PU Ie
TORRANCE,WESTMORELAND CO.
/v.y COMMISSION EXPIRES SEPT,15.1969
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
OF ALVA RAY WSTIN,
an alleged incompetent.
IN RE:APPOINTMENT OF GUARDIAN )
)
)
)
)
CONSENT
No.
'.'"
WE,the undersigned,being all the next of kiri of Alva
Ray Tustin,an alleged incompetent,do hereby consent to the
appointment of John L.Brunner as guardian of the Estate of Alva I
Ray Tustin,our brother.
It is our opinion that the best interest of Alva Ray
Tustin and our best interest would be served by having John L.
Brunner appointed guardian of the above estate and we waive
notice of the hearing on incompetency.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
APPOINTMENT OF GUARDIAN )
)
OF ALVA RAY WSTIN,)No.
)
an alleged incompetent.)
DECREE
consideration of the annexed petition,
AND NOW,this '7 MI-day of ,1968,upon
RED AND DECREED
that a citation be awarded and directed to Alva Ray Tustin,to
show cause why he should not be adjudged an incompetent and a
guardian of his estate appointed as prayed for in the foregoing
~~day Of~The hearing to be held onSthe
at I a:trOo 'clock r=l m.
At least ten (10)days notice of the hearing shall be
petition.
given to Alva Ray Tustin,the alleged incompetent by personal
service of the copy of said peittion and citation,and by service
of notice upon the superintendent of Torrance State Hospital,
Torrance,Pennsylvania or by registered mail.
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lin W1]e ®rp1]ans'<ttnurtnf lUan!iingtnuQInunty,Jrunnyluauia
IN RE:'APPOINTMENT OF GUARDIAN (
OF ALVA RAY TUSTIN,)NO.966 of 1968
An Alleged Incompetem ttattnu
.Q!nmmnumrnlt4 nf 'ruunylunuin (n5:
arnunty of IIU51]iugton ~.,)
John"L.Brunner,Esq.Sur Petition of:--------~---
To:--.ALY..A RAY TUSTON
lie (ttnmmttnil Inu,A_LV_A R_A_Y_T_US_T_IN -:--
that,laying aside all business and excuses whatsoever,you do file in the
office of the Clerk of our Orphans'Court of Washin'gton County,a full and
complete answer,under oath,to ea~h ~nd every of the averments of the said
petition,on or before __F_r_i_d_ay"-_--'-,the 2nd day of A_u~g_u_st_·_
19 68 "at 10:00 o'clock~.M.,and show cause why the said ALVA RAY'..
TUSTIN should riot be adjudged an incomp.etent and a guardian of his
estate appointed,as prayed for,
and further abide ,the order of our said Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and a
decree made against you ..
WITNESS the Honorable P.Vincent Marino,President Judge of our
.said Court,at Washington,Penna.;the --<--;r-,__.=..J=ul=..y",--~_,19 68 ..
Clerk of the Orphans'Court
JOHN L.BRUNNER Esq.
Attorney for Petitioner.Main St.,
(Seal)Burgettstown,Penna.