HomeMy WebLinkAboutOC1968-0966 - ESTATE OF TUSTIN_02IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
) I
IN RE:
APPOINTMENT OF GUARDIAN
OF ALVA RAY TUSTIN,
an alleged incompetent.
DEC R E E------
)
)
)NO.966 Of 1968.
)
)
AN NOW,this 2nd day of August,1968,it appearing
that the copy of the petition and citation were served on Alva Hay
Tustin,the alleged incompetent,on July 24,1968,this being
less than ten (10)days before the date of the hearing,August
2,1968,IT IS ORDERED AND DECREED that a citation be awarded and
directed to Alva Ray Tustin,to show show cause why he should
not be adjudged an incompetent and a guardian of his estate
appointed as prayed for.
at
.~':1 ~'6$---
The hearing to be held on~thU ~day
IJ."'o-r;?0'clock If.m.
At least ten (10)days notice of the hearing shall be
given to A~va Ray Tustin,the alleged incompetent by personal
service of the citation,and by service of notice upon the
superintendent of Torrance State ~ospital,Torrance,Pennsylvania
by registered mail.
By
P.J.
lin IDIre ®rpijan.a f QTonrt of Ifngl1ingintt (Huunig.Jruuayluaulu
IN RE:'AP-POINTtIffiNTbF GUARDIAN (~..
•OF ¥.1!...RAY TUSTIN,_)'NO.966 of 1968
An Alleged IncompetQt'ttattnu
,or,UIUUlOUlUl'nltlr of 'l'ttllsylunutn (ss:
QInuntl1 of lIal1qtngton ~
To:ALVA RAY TUSTON
JOHN L.BRUNNER,ESQ.
Dr Olnmmuu{)~nu.A_L_VA_R_1{_rY_T_U_ST~I~N _
,.
that,laying aside all business and excuses whatsoever,you do file in the
office of the Clerk of our OrphansI Court of Washington County,a full and
complete answer,under oath,'to each and every of the averments of the said
• I
I
petition,on or before Monday',the 26th day of '__~A=u~g~u=s-=.t _
19 68,'at 11:00 o'clock -A..'M.,and show cause why the said
,Alva Ray Tustin.should not be adjudged an 1ncompetent and a guardian
'of his est8te appointed;
and further abide the order of our said Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and a
decree made against you.
WITNESS the Honorable P.Vincent Marino,President Judge of our
said Court,at Washington,Penna.,the 5t hctayof August ,.19 68.
.;r;:~?/?~.
~"Clerk of the Orphans'Court
n .,,-,.
j
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
ALVA RA Y TUSTIN"
an alleged incompetent.
)
)
)
)
)
)
)
No.966 of 1968
FINAL DECREE
AND NOW,t August 1-1 J 1968J upon consideration of the,
annexed petition and after a hearing held following due noticeJ it is
ORDERED AND DECREED that
ALVA RAY TUSTIN is adjudged an incompetent.
JOHN L.BR UNNER is appointed Guardian of the Estate of ALVA
RA Y .TUSTINJ an incompetent.
The said Guardian is directed to file an inventory in accordance
with the provisions of Section 402 of the Incompetents'Estates Act of 1955J
as amended.
The said Guardian shall file bond with sufficient surety,~n l;a.e..r
'r .0.
..
~,'.
J
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVA RAY TUSTIN,)
)No.
o an incompetent.)~ST!TE OF FLOSSIE TUSTIN,\
deceaseeY
PETITION TO MAKE PRIVATE SALE OF REAL ESTATE
,,-
";:"TO THE HONORABLE:P.V.MARINO,PRESIDENT JUDGE OF SAID COURT:
1.Your petitioner is JOHN L.BRUNNER,ESQUIRE of the
Borough of Burgettstown,Washington County,Pennsylvania.
2.On August 29,1968 Alva Ray Tustin of R.D.#3,
Burgettstown,Washington:County,Pennsylvania,a patient at,
Torrance State Hospital,.here~n called."Incompetent",was,.
adjudicated incompetent as of the above court term and number
,.'~?l
and the petitioner was appointed 'guardian of the estate of the
incompetent.That your petitioner was appointed Administrator
C.T.A.of the Estate of Flossie Tustin,sister of the above in-,..--.",--competent who by her Will duly.probated in the Register of Wills
Office of said Court in Will Book 106,page 496 devised her one-
half interest in the following described real estate to Alva Ray
Tustin,the incompetent.
3.The Petitioner has not filed any bond.
4.The'Incompetent owns real estate situate in Smith
Township,Washington County,Pennsylvania,bounded and described
as follows:
BEGINNING at a spike in Legislative Route
62031 said point being common to land now or formerly
of Joseph F.Keys and the tract herein described;thence
by land now or formerly of Joseph F.Keys North 8°30'
West 452.71 feet to an iron pin;thence by land now or
formerly of James Sabatasse South 89°21'East 216.94,
feet to an iron pin;thence by land now or formerly of
Dellapiazza South 9°35'East 430.84 feet to a spike;
,thence in said Legislative Route 62031 South 84°44'
West 222.68 feet to the place of beginning.
.,".
.•'l
..,
CONTAINING 2.211 Acres according to survey
or McClelland,Yuhas &Associates,August,1969.
Under and subject to exceptions,reservations
etc.as contained in prior deeds in the chain or title.
5.The petitioner wishes to make a private sale or the
real estate and on August 27,1967 the Petitioner and James
Sabatasse and Rose Anita Sabatasse,his wire or Smith Township
Washington County,Pennsylvania executed a contract subject to
the approval or the Court ror the private sale or the real estate
by the Petitioner to the Buyers ror THREE THOUSAND TWO HUNDRED
($3,200.00)DOLLARS ror cash on delivery or deed.A copy of the
agreement or sale is attached hereto as "Exhibit A".
6,'The making of the sale to James Sabatasse and
Rose Anita Sabatasse,his wife upon the terms set forth above is
desirable for the proper administration of the Incompetent's
estate because the real estate is not in rentable condition and
the house is deteriorating rapidly;the property is also subject
to a claim by the Commonwealth of Pennsylvania,Department of
Public Welrare in the amount of SIX THOUSAND EIGHT HUNDRED EIGHTY-
ONE AND 66/100 ($6,881.66)DOLLARS.
7.The sale price proposed is more-than can be obtained
at public sale.
8.Attached to this petition as "Exhibit B &CIf are
the affidavits of two competent persons setting forth that they
have ,inspected the real property .to be sold;that they are.'
>-acquainted with the value of real estate in the locality of the
---~proper'ty;'that they are not,interested in the proposed sale;and
..'r "
,'
that in their opinion the price to be paid at the proposed private
sale is more than can be obtained at public sale.
9.The following parties are interested in the estate
as heirs and next of kin of the incompetent:
Harry E.Tustin
Fred Tustin
Ora McConnell
R.D.#3,Burgettstown,Pa.
R.D.#3,Burgettstown,Pa.
R.D.#1,Georgetown,Pa.
Brother
Brother
Sister
10.All parties interested in the proceedings are sui
juris.
11.Notice of the proceeding was given by the Petitioner
to each of the parties in interest by registered mail directed
to each party at the address set forth after his name in paragraph
.
nine (9)of,this petition.A copy of the Notice is attached hereto
as "Exhibit 0".
12.'~That it is'desirie~that the sale have the effect of
\.
a judicial sale as to the discharge of leins upon the said real
estate.
WHEREFORE,Petitioner requests the Court pursuant to
Section 443 of the Act of February 28,1956,P.L.1154,50 P.S.
Section 3443 as amended for leave to s~~~the real estate describe
above at private sale.
Petitioner
..
COMMONWEALTH OF PENNSYLVANIA )
.-
COUNTY OF WASIITNGTON )
Before me the undersigned authority,personally appeared
..
John L.Brunner,who being duly sworn accoraing to law deposes and says
that the facts set forth in the foregoing.petition are tr.ue and correct to the
best of his knowledge.
My commission expires October 12,1971.
N01AR'(PUBLI~::-
My Commission,Expires octo~ef'12,J~n
Burgettstown,P8;'~-YJas~n~oil CfJunty
..~-..,
FORM NO.17 (1966)
REAL PROPERTY AGREEMENT
•(SHORT FORM)
wl1is !\grttmtnt
WASHINGTON COUNTY BAR ASSOCIATION
WASHINGTON,PA.
Made the day of August 1969
Between JOHN L.BRUNNER,G~rd:ian of the Estate of ALVA RAY TUSTIN,an
incompetent----- - - ------- ---- ---'------ - - ---- -------lhereinaftet c.all~d "Seller")and'JAMES.SABATASSE and R)SE'A.NITASABATASSE,his Wire,or ~m1th
Township,Washington County,Pen~sylvania--------~--(hereinaftercalled "Buyer"),
WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and
Buyer mutually agree as follows:
1.Seller.agrees to sell and convey to buyer on or before October 31,1969
by special warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and tax liens and other encumberances affecting its marketability (except as hereinafter set forth)all the real property
described in Paragraph 7 hereof.
2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of Thirty-two
Hundred----------------------($3,200.00 .').Dollars as follows:One Hundred ($100.00)
Dollars on the signing of this Agreement and the balance upon approval of
the Orphans'Court of Washington County,Pennsylvania and delivery of Deed.
3.Possession shall be given on deIivery of Dee:a-·'..1C9C "II ,and.settlemen~shall be made
at the office of Seller's attorney on or before Oct.31 19 .~9 oj'or 'as follows this salee is
subject to approval by the Orphans'Court'of Washington County,Pennsyl-
vania and is said approval is not obtained this Agreement is null and
void.
4.At settlement Seller shall pay for or be charged with the cost of all federal documentary taxes and
state and local realty transfer taxes payable upon this transaction,but real estate taxes for year of settlement,sewer
charges and rents and royalties shall be prorated on a calendar year basis between Seller and Buyer as of date of
delivery of possession of the premises;except as hereinafter set forth:Buyer shall pay for all
State and Local Realty transfer taxes payable upon this transaction.
5.From and after the date of this agreement,insurance shall be provided and paid for as follows:
Buyer shall be responsible for insurance.
6.Time is of the essence of this Agreement.
7.The real property which is the subject of this Agreement is described as follows:All that
certain tract of land situate in Smith Township,Washington County,
Pennsylvania,bounded and described as follows:
BEGINNING at a spike in Legislative Route 62031 said point
being common to land now or formerly of Joseph F.Keys and the tract
herein described;thence by land now or formerly of Joseph F.Keys
North 8°30'West 452.71 feet to an iron pin;thenc~;by land now or
formerly of James Sabatasse South 89°21'East 216.94 feet to an
iron pin;thence by land now or formerly of Dellapiazza South 9°35'
East 430.84 feet to a spike;thence in said Legislative Route 62031
South 84°44'West 222.68 feet to the place of beginning.
CONTAINING 2.211 Acres according to survey of McClelland,
Yuhas &Associates,August,1969.
Under and subject to exceptions,reservations etc.as contained
in prior deeds in the c~ain of title.
EXHIBIT "A"
-::.,•~J
'";r•J_.."
8.If Buyer defaults in payment or performance for sixty ~days,Seller may,at Seller's election
use one .or more ,of ~h.e follQ.wing re~ed~es i~addition to or instead of any other remedies provided by law:
...•,-'I,'....•
(a)rescind this agreelrient and retain all 'sums paid on accoUllt hereof as liquidated damages,in
which case Seller shall retain title to the real estate free and clear of any obligation OJ;duty to Buyer and Buyer
shall surrender this Agreement for cancellation;,:::,J ".,':',,•
.~.:C M (l
,(b)"eject ,Buyer from said real~~state,f~r"which purpo~e Buyer hereby authorizes any ~ttorney
orany Court of Record to appearfor.Buyer and ,confess judgment agains~Buyer:in an amicable;action of ejectment,
with ir~me~~ate writ for p~ssession 9{th~r~al estat~and for damages"to 'include }~,torn.~y's cOI1lmis,si0J:.1 o~10 %
or $'''-:'and costs,hereby F'~ivihg s~ay of execution,exemption and inquisition,with release of all errors;
J ••....
,..(c),affirm this agreement~by 'delivery·of deed to Buyer,declare all sums due hereunder to be
forthwith due and,payable,and~cause jUQ-gment'to be e:Qter,ed therefor,for which purpose Buyer hereby authorizes
and empowers any attorney of any Court of Record to appear for Buyer and confess judgment against Buyer for
the whole.b~~ance due,tog,e~her with·interest,~attorney's commissign of.;10 %or $,and costs;,
and hereby'agrees to,immediate executiol1 t~~reon;'waiviing stay of execution,exemption .l:!-nd inquisitiq~,with re~,
lease of aU errors.r ..''"• ..'
9.The Buyer agrees not to record this Agreement and recording by the Buyer shall constitute a breach
thereof.
10.This Agreement ~hall extend to and ~enefit ani!.binq.the heirs,executors,administrators,successors and
assigns of the parties.Whenever used herein,the singular number shall include the plural,the plural the singular
and the use of any gender shall include all genders.
_ .Ii
'.
J''."
:.
NOTICE -THIS DqCQMENT MAY ,NOT.SELL"CO~Y,TRANSFER,INCLUDE 9R INSURE THE TITL~TO THE COAL
AND RIGHT OF SUPPORT UNDERNEATH THE:SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL':OF-SUCH COAL
AND,IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILD-
ING OR OTHER STRUCTURE ON OR IN SUCH LAND.THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE,RE-
STRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR
RESERVED BY THIS INSTRUMENT:(This notice is set forth~o Act No.2~5,approv~~eptej)18er)lO,1965.)
I.';'WITNESS the due executIOn hereof the day "rd year fir~abov~r~t~...-,c
r\..~..1
.............................................................................................................................................................................................................................(SEAL)
.,
2ft::;~qT:illJ~......~
j
.._("
~.Z'
,J~
~
tiJ
tiJ
CJ:::o
~
',-<I'
'Ho~
s::i1\31"M!'t)!
).41
1\3!='!C>!-:".
.oj
IX!~!~j
~i~1
.1.J~
Zl:I:!~I
ZI-f
~CI)
~
~
<I:
Ei<I:
~
~~~
Ql.c
+J
_t....~>Cj .I t.I-\J~:;;'\i~ju
, . -+J!
OJ~
~U)
(J)
~~
<I:(I)
(J)
~
,..~'v _
,'.
1'1
t
,',
...'..~.
,.
COMMONWEALTH OF PENNSYLVANIA }.,.
COUNTY OF WASHINGTON )
ss
,who being duly sworn according to
Before me the undersigned authority,personally appeared
0~/!-q !!/Jit;l!~d ;)),
law deposes and says that he has inspected the real property of
ALva Ray Tustin,proposed to be sold;that he is acquainted with
the value of real estate in the locality of the property;that
he is not interested in the proposed sale;and that in his opinion
the price of Thirty Two Hundred ($3200.00)Dollars is a fair and
reasonable price and is more than can be
Sworn to and subscribed before
me this ;Z41day of 404/~,
-"1969 A.D.
EXHIBIT "B"~,..
at public sale.
~I..
OJ
COMMONWEALTH OF PENNSYLVANIA)..
COUNTY OF WASH INGTON )
ss
!'".of.
•..'
.~.~e me ~dersigned authority:personally appeared
LfZ.IrJu/(!14f(7D .~~,who be:Lng duly sworn
according to law deposes and says that he has inspected the real
property of Alva Ray Tustin,proposed to be sold;that he is
acquainted with the value of real estate in the locality of the
property;that he is not interested in the proposed sale;and
that in his opinion the price of Thirty Two Hundred ($3200.00)
Dollars is a fair and reasonable price and is more than can be
obtained at public sale.
Sworn to and subscribed before
me this ~.day of IU~~
._.-~....,...-
EXHIBIT "e"
..''.,,'
ASSOCIATE:
WALTER W.GREGORY,JR.
.'
TELEPHONE:
412 .947-2750
JOHN 1.BRUNNER
__________--'--'--'__ATTORNEY AT LAW _
27 MAIN STREET
BURGETTSTOWN,PENNSYLVANIA 15021
December 4,1969
Certified Mail
Return Receipt
NOTre E
Please find enclosed a copy of petition
to make private sale of real estate in the Estate of
Alva Ray Tustin.Take notice that the original of this
petition will be presented to the Court of Common Pleas
of Washington County,Pennsylvania,Orphans'Court
Division at the court room on the third floor of the
Court House at Washington,Pennsylvania at 10:00 A.M.
E.S.T.on Monday,December 15th,1969 when the
court will be requested to fix a time for hearing
thereon and for confirmation for said sale.
Very truly yours,
Walter W.Gregory,Jr.
WWG/bjt
,.
....
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA ORPHANSI COURT DIVISION'
IN RE:ESTATE OF ALVA RAY TUSTIN,)
)No.
,an incompetent ).
ESTATE OF FLOSSlE.TUSTIN,
DECEASED
DECREE
AND'NOW,'December 1~1969,upon consideration of the
foregoing petition arid upon motion.of Walter w.Gregory"Jr.,Attorney
..,.,•~•t •
for petitioner,it is ?rdered and decreed tpat Jheprayer of said petition
,;f -'
be granted and that the petitioner be authorized to selll at private sale the
real estate described,in said petition.Notice of said sale to be given by
publication onc'e a week for three (3)successive ,weeks in the Washington'.,
County Reports and the Washington Observer and by hand bills posted on
the premises and in conspicuous places in the vicinity.Return of said
/q~sale and confirmation to be made on Monday,the t ~ay of January,
1970 at 10:00 o'clock a.m.E.S.T.
'"
r
,".
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS'COURT DIVISION
I
IN RE:ESTATE OF ALVA RAY ,TUSTIN,)
)(I/....G
an incompetent )-7 No.966 of 1968
)
ESTATE OF FLOSSIE TUSTIN,)NO.63-68-1450
)
deceased )
)
FINAL DECREE
AND NOW,this ,zZI day of January,1970,'upon consid-
eration of the petition heretofore filed and presentation of proof of publi-
cation of notice and posting in accordance Iwith the decree of this Court,
and the Court being of the opinion that $3,200.00 is a better price for
the premises the can be obtained at public sale,it is ORDERED AND
.,<
DECREED that Johri ~..B:runney,Guardian _of the Estate of Alva Ray
Tustin,an incompetent and Administrator,C.T.A.of the Estate of,'
,,
Flossie Tustin..deceased,be and he'is hereby authorized to make private
•+
sale of the reai estate 'described as follows:'
ALL that certain tract or parcel of ground situate in
Smith Township..Washington County,Pennsylvania,
bounded and described as follows:
BEGINNING at a spike in Legislative Route 62031 said
point being common to land now or formerly of Joseph F.
Keys and the tract herein described;.thence by land now or '-...'
formerly of Joseph F.Keys North 80 30'West 452.71 feet
to an iron pin;thence by land now or formerly of James
Sabatasse South 89 0 21'East 216.94 feet to an iron pin;
thence bi~land now or formerly of Dellapiazza South 90 35'
East 430.84 feet to a spike;thence in said Legislative
Route 62031 South 840 44'West 222.68 feet to the place of
beginning,to James Sabatasse and Rose Anita Sabatasse,his
wife for the sum of $3,200.00 in cash and on receipt of the purchase
money to execute and deliver to said purchasers..their heirs and assigns
a deed in fee simple for the said premises.
The.purchase money shall be accounted for one-half by the
said guardian and one-half by the said administrator~C.T.A.in the
settlement of his account as such.
to
Said sale /haV€2 the effect of a judicial sale as to the dis-
charge of liens upon the said real estate.
Security shall first be entered by the said guardian in the
• I
~
sum of $~0i2':a J -I
By the Court
~
,.,,
'.,
'\.
•
IN THE COURT OF COMMON PLEAS ,OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS·COURT DIVISION
IN RE:ESTATE OF ALVA RAY TUSTIN )
)
an incompetent )No.966 of 1968
).
ESTAT'E OF FLOSSIE TUSTIN )
)
deceased )
AFFIDAVIT OF SERVICE
..
.~\,Personally app'eared before me,the unde~signed authority,
a Notary PubVc in.and for.the,sa;id County and State,WALTER'W,.
GREGORY,JR.,who,~~ing duly.sworn ;lccording to law,deposes and
• •k
says that he caused printed hand bills,a copy of which is hereto annexed
to be posted at a conspicious place on the real estate proposed to be
sold and at least six of the said notices to be posted at prominent places
in the viCinity of said real estate more than ten days prior to the date
of confirmation.
Sworn to and subscribed before me
12,1971.My commission
-.'.,'11·this,if&---day of January,
.....,..,,-
••'•.,i •
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVA RAY.TUSTIN,an incompetent,
ESTATE OF FLOSSI E TUSTI N,deceased.
No.966,of 1968
NOTICE OF PRIVATE SALE OF REALTY
Take notice that the undersigned,JOHN L.BRUNNER,guardian of the
Estate of ALVA RAY TUSTI N,an incompetent and Administrator C.T.A.of
the Estate of FLOSSIE TUSTIN,deceased,proposes to sell the interest of the
said ALVA RAY TUSTIN and the interest of the said FLOSSIE TUSTIN in
the realty hereinafter described to JAMES SABATASSE and ROSE AN ITA
SABATASSE,his wife for the total price of TH REE THOUSAN D TWO
HUNDRED ($3,200.00)DOLLARS.The property proposed to be sold is as
follows:
ALL that certain tract or parcel of ground situate in Smith Township,
Washington County,Pennsylvania,bounded and described as follows:
BEGI NN ING at a spike in Legislative Route 62031 said point being com-
mon to land now or formerly of Joseph F,Keys and the tract herein describ-
ed;thence by land now or formerly of Joseph F.Keys North 8°30'West
452.71 feet to an iron pin;thence by land now or formerly of James Saba-
tasse South 89°21'East 216.94 feet to an iron pin;thence by land now or
formerly of Dellapiazza South 9°35'East 430.84 feet to a spike;thence in
said Legislative Route 62031 South 84°44'West 222.68 feet to the place of
beginning.
Monday,January 19,1970 at 10:00 o'clock A.M.E.S.T.in the Orphans'
Court Room,Third Floor,Court House,Washington,Pennsylvania has been
fixed as the time for confirmation of said sale at which time the Court will
entertain higher bids for said property subject to the rules of Court as to
the acceptance of higher bids.If there are no higher bids,the Court will be
requested to confirm said sale absolutely.
JOHN L.BRUNNER,guardian of the
Estate of ALVA RAY TUSTI N,an in-
competent and administrator C.T.A.
of the Estate of FLOSSI E TUSTI N,
deceased.
WALTER W.GREGORY,JR.
Attorney for Petitioner
'/
Judicial 857 (Pennsylvania-Guardian)(5-55))
IN THE Orphans'COURT OF Washington
STATE OF PENNSYLVANIA
COUNTY,
NO.966 of 1968 &63-68-1450 )'MltIlfJII.(Flossie Tustin .
In the Matter of the Estate of
BOND OF GUARDIAN
Alva Ray Tustin
John L.Brunner
an
Incompetent
KNOW ALL MEN BY THESE PRESENTS:That we,John L.Brunner
as Principal ,
and UNITED STATES FIDELITY AND GUARANTY COMPANY,a corporation under the laws
of the State of Maryland,of Baltimore,Maryland,having an office and usual place of business at
Pittsburgh .'State of Pennsylvania,as Surety,are held and
firmly bound unto the Commonwealth of Pennsylvania,its certain attorneys or assigns,in the sum of
Two Thous~nd Dollars ($2000.00 ),
lawful money of the United States of America,for which payment,well and t:t:uly to be made,we bind
ourselves,our and each of our heirs,executors,administrators,:successors and assigns,jointly and
severally,firmly by these presents.'
SEALED with our seals and dated this 28th.day of Jariuary ,19,7Q
WHEREAS the above bounden John L.Brunner
decree of the Orphans f Court of Wa.shington
has been appointed Guardian of the Estate of Alva Ray Tustin
a n Incompetent
has by order and
Gounty,Pennsylvania,
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above
bounden John L.Brunner Guardian of A.1va.Ray Tustin
a n Incompepent ~,shall at the termination of h is guardianship and at
any other time when required by Court,render a just and true account of the management of the property
and estate of said Alva"Ra.y Tustin
under his care and shall also deliver up the said property agreeably to the order and decree of the said
Court or the direction of law;and shall well and truly administer,according to law,the estate of said
,then the above
obligation shall be void,otherwise it shall be and remain in full force and virtue.
Sealed and delivered in the
presence of:
_~~..~•......
L..
">
-.#-9(P~
No.966 of'1968
/'-;'(P%
63-68-1450(Flossie Tustin)
&~
Court
County
.,
_'\...
State of Pennsylvania
In the Matter of the Estate of
-Alva Ray Turstin
(.
r:
L~....
an Incompetent
c.
L
BOND OF GUARDIAN
Surety:
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Home Office-Baltimore 3,Maryland
1/
And now to wit,0---'2-i ,1970 ,
the within bond pNsented in open Court,
approved,and ord~~d to be ~~./C/I\."
.r.-~,~~'
~\..-u...(L )(/~I~rf::'::~:r:-(/):;0;jr-(f)<:f)::f.::.l I ,~
.;z --1 l",rnC''',)fT1 r~!'..>..~
J ...."u:::llo...-.,1---0
Z S-:-,,"><-~..!~..-............-
O!:-:>-:::c ?:-~=.'"I ~~••FI ed ~r=~:::,19
-0 r-:=:-
'-
..
.-,
'1
'"~.t><,')=b::,
/~J-J ;),~-/'"
"-\Attorney
IN RE:
Estate of
No.966 of 1968
An Incompetent.
PETITION TO APPOINT GUARDIAN
TO FILL VACANCY
.J,
::0
n
I r}>»
;tJ :Eo0"TlO~_n
u>[ri
}>rr
JTI
ALVA RAY TUSTIN,
OF WASHINGTON COUNTY,PENNA.
Orphans'Court Division
IN THE COURT OF COMMON PLEAS
:E»(Jl
IZ (!)~G)0 r
-t ::;::hor'1 ;0Z({l »•,"""Tl
"'tl n --ifT1J:nZr'1 r'1Z(f)Z
(Jl i ;;j-<t:;or--i U><(f)C»--i -Z ;0 --i_r'1 r'1»r'1 w--i 00\
UIWo
,.
...c::o
(.:;::)t:iJ~l~;:~:;'.-r:,;;:~:rr'1 :::v0::m::c:,,~.
C",)~~,:;;;--/en (J),.L_17'4
(:'>:"~-f ~-'~.-.-m'.?.(.:>-0 ::c ~Z "n ::x fI1 ~C><.~0 "",-0-~~..:r-
-'0 r-f'.)
\IJ 0:>U'J -r:
,~
"LAW OFFICES
RICHARD DISALLE
MILLCRAFT CENTER.SUITE 306
~90 WEST CHESTNUT STREET
~WASHINGTON.PENNSYLVANIA 1530'
-----------------------------------------
,,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
Estate of
J
ALVA RAY TUSTIN,
An Incompetent.
),~No.,966 0 f 1968
I • ,,
PETITION TO APPOINT GUARDIAN TO FILL.~ACANCY,
The petition of Pittsburgh National Bank
respectfully represents:
1.That it is the Executor of-the Estate of
John L.Brunner,deceased,who died on January 1,1980.
2 ..Th~t_by dec~ee dated August 29,1968,the
Orphans'Court of this County appointed the said John
L.Brunner as Guardian of ~he Estate of Alva.Ray Tustin,
having adjudicated the said Alva Ray Tustin incompetent.
3.Because of the death of John L.Brunner,
the said incompetent has no guardian of his Estate.
,
4.The said"incompetent is now 85 years of
age,has never been married and none of his next of kin
have expressed any interest in this matter.
5.The only income in the incompetent's estate
consists of "Social Security benefits in the monthly amount
of $352.50 and a monthly payment of $39.86 from The Davey
Tree Expert Company.
6.The incompetent is a patient in the Washington
County Health Center and payments of $342.36 per.month are
made to said Health Center for,his care and maintenance.
~'7HEREFORE,'your Petitioner requests the Court
to appoint a successor guardian to fill the vacancy aforesaid.
PITTSBURGH NATIONAL BANK...
,~,~
.By"a~-,~~i~tant Vic:President
,
-2-
S'l'ATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY
)
,)55:
)
Perso.nally appeared before me,the undersigned
authority,JAMES R.SMITH,who acknowledged himself to be
the Assistant Vice President of Pittsburgh National Bank,
a corporation,and that he as such Assistant Vice President,
being authorized to do so,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.
Sworn to and subscribed
before me this~~day
orf/iLuU-VU-/--'-1980.
/1L/1
j.lr.\1":dli/;:r D.e!ES.NOTARy'PUBLI(l
SBUfiGfI,',llEGflHIY COUNTY
MY COMMISSION EXPIRES JUNE 7,1980
Member,PennsylvaniaAssociation ofNotaries
.,~
i ,.'
,.
IN THE COURT OF COHMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
Estate of
ALVA RAY TUSTIN,
An Incompetent.
ORDER
Nq.:'966 of 1968
AND NOVil,this ~day of F-Jlt.,,..."1980,
T
upon consideration of the annexed petition,it is hereby
that
ORDERED AND DECREED
c'tIt..,."""'1 N.,,~J(I!'.be appointed_~_--:::;:-::"";_!L-_-'---';:~=-'II--.as successor
guardian of the Estate of Alva Ray Tustin.
Pittsburgh National Bank,Executor of the Estate
of John L.Brunner,is directed to file a final account in
the Incompetent's Estate within thirty (30)days of the date
oi.,thi's order.
By the Court,
c1i2J.~
Thomas J.Te~utac,J.=====--
IN RE:
(fie #;7t 7(£I
"
j",
,"
:FILED
~:-,':<l~s--J'/'
........_~........"......t
m::C!Srm OF v.!lt~
~~and~~/
38/u~~../t-d
/r~.g;~/.58tJ/
#/2'.2'2'tF..f'tJtJtJ
PETITION 'TO DISCHARGE GUARDIAN
OF ESTATE
an alleged inccrnpetent.
AINA PAY TUSTlll,
ESTATE OF
IN THE COURT OF COMMJN P~..s OF
WASHINGI'ON COUNTY,PENNSYLVANIA
NO.966 of 1968
'::0.;",,~'.,.;·';·~r-;:j...,.:H:'~:;;i'i:i':'::':;&-;!"!''.-",.';':'i--::...~.i";,\
~
\~
.
<
"
..
"
.,
~~f ~r
',''''c.,\,~","t''''{~~~~.f:'~~,~~~r ~~"
~,:..,Io"....>-.;.....,.,:,:.":.."."'~l;'.",,~_~,;.;":.-,~,,,,..-:,;',_,';""'\'1.!-",';;".:,?,,~/."""',-...,,,,-'.~.-:,.
",.""
IN .THE COURT OF COMMON PLEAS OF v-JASHThTG'I'ON COUNTY,PENNSYLVANIA.
OP-PHANS I COURI'DIVISION
IN RE:
ESTP.TE OF-
ALVA PAY TUSTIN,
an alleged incompetent.
)
)
)NO.966 of 1968
)
)
)
)
PETITION TO DISCHARC~
GUARDIAN OF ESTATE
AND NOW,comes ROBERT N.CLARKE,ESQUIRE,substitute guardian of
the Estate of ALVA RAY TUSTIN,who does depose and state as follows:
1.ALVA RAY TUSTIN was adjudicated an incompetent by Order of this
Honorable Court at·the above number and term on Auerust 29,1968.
BRUNT':.'ER,
2.On August 29,.1968,by 9rder of this Honorable Court,JOE!'!L.
-eo.':fI't.'f ";-4 iii-',!>>t--#0:)~'.'1 '-r,'!J ..-:;.,t"_~,,lJ
"":',",~.\,.l:~'~.:..~J ~.!'-;J..~..••_~..E.?QUIBE,JWaSlappolnted Guardlan of said Estate.
..
..'..;",,'~I"I.,,',..:-',
..The 9aid JOM I~~'.Bruimer,..:prior to the appointment of this
,";....
~oUardian of _~~\,~s~a~e!,,'...r-ilr(~~..r~eC;;?~~9-7 accounts and papers as required
pursuant to the iaw.•
",
4.The undersigned was appointed substitute Guardian of the Estate
upon.the .death of John L.Brunner,pursuant to Order of this Honorable Court.
.'\.."'.
5.The said J1.LVA RAY TUSTItJ met his demise on February 15,1980,.
while a resident at the Washington County Health Center.
6.Since the da.te of the death of the said incompetent,no
,.expenditures have been made fran any of his assets.
,.
As of,the date of saidincompetent's·death,his only ,asset'
consisted of.a checking account titled as follows,"Estate of Alva Ray Tustin,.
John'L.Brunner,Guardian",which is with Mellon Bank,N.A.,Burgettsto'V\7I1,
Pennsylvania,said account number is 112-9703,and the amount on deposit as of
the date of death of the incompetent was $1,803.62 and remains the balance as,
of this date.
8.The following are the bills incurred in regards to the
deceased incomPetent:
(a)Thomas Little Funeral Horne,P.C.
314 W.Lincoln Avenue
McDonald,Pap 15057 $1,294.00
(b)Balance due to..Washington County Health Center
R.D.#l Box 94
Washington,Pap 15301
TOTAL BILLS DUE .•.~.
9.The total assets of the deceased'are ONE THOUSAND EIGHT HT..1l\!Df<ED
,'.'"\1""t ~~~'..('...•...,f .."
'10 .",The t6t'al gel:5ts qf ~th~~~ecease?-are ONE THOUSAND THREE HUNDHl~D
NllJETY SIX and 89/100 ($1,396.89)De;LIARS.
2
"....;....,.
'0.,,
11.'The undersigned as sub~titute,Guardian of the Estate of
ALVA RAY TUSTIN,respectfully prays that he be awarded reasonable attorney's
fees in regards to this matter,and be reimbursed for any filing fees which may
be incurred in the future.
.,
.,~
,
12.After an examination and search;nQ Will has been discovered
and therefore,it is respecttu~iy represented that the deceased incompetent
died intestate.
13.The deceased incompetent was not su.ryived by any spouse or
...children and saidneceased incompetent closin9 living relatives are as
follows:
(a),Harry Tustin,nephew.
(b)Dolores Kovach,niece
(c)Lillian Crawford,niece,
.,
(d)Hazel Rea,neic:e
(e)Mab~e C9.ldwel1(I)iece
(El,Ray Tustint nephew
(g)Dessie Bolj,ng,niece
(h)Hazel Calhoon,niece
(i)H.E.McConnell,nephew
."
V~HEREFORE,it is respectfully praYE?d'that this Honorable Court
issue an Order aUthorizin<;r the payment of the.above listed bills!attorney's
,~7~~~~"\i;\~L'..,.
.."'1'1.'."l,~;~}'...t :H f,:..b ,(~.,,
".'r-'..';i '.~
(:i •:J •.l."....~i"...•>•,•.........".}
,~...".~'
.,,~........'
in equal shares to the above listed heirs,and that the Guardian be discharged
and the Estate terminated.
Respectfully 5utrnitted,
'..
ROBERT 'N.CLARKE,ESQUIRE
Substitute Guard.ian of the Estate
of Alva Ray Tustin
"
"\.,....0,
!;••
~-~~.;
{I.
r ":1 .~.
(i.!~l,.'
.......'II:4~~..~I ',,,,"'\ii "".......\
4
C
,..-:1''
it,',.--.,
I~
·1
t
I
February 19,1980
RICHARD F.THOMAS --;;.ROB~RT W.LITTLE
FUNERAL HOME P.C.
314 W.LINCOLN AVE,McDONALD,PA.15057
RICHARD F.THOMAS,SUP~RVISOR
PHONE 926-8421
4)795.00
295.00
451,294.00
100.00
89.50
10.50
__4.00
Vault
Mabel A.Caldwell
Box 167
Hickory,fA 15340
Complete funeral expenses for
Ray A.Tustin,including casket,
personal and professional services
and all facilities of the funeral
horne.
Cash advances:
grave opening and closing
clothing
newspaper notice
certified copies
Total
.~.,
}'ra"1k }rascp...r~,.CHA,"''''''''••f,DAVID L.GILMORE '
EDWARD M.PALUSO
COU'HY CO....toI.ISSION[RS
Robert N.C1ark~Esqvire
231 N.1·1ain street 1l'r.tc']!-1I'-111 n,tllll ('11 1 J'J I I 11y,rashington,Pa.15301 i'l -(:>nUll lllJl'(l 1]~r111rr
h'OrJl lIT ~-.l ,liCAK
;.[)r,~I:iISi FAlOR
f'.'orJC:228-50)0
,
'..R.D.I.Box 94
vVASHINGTON.PA 15::101
__Date:.1./.23,L80__.
305·28 0
Interest 8.24'
DJ.TE IiCO!·l P_\'D BOARD -E8DIC.4TION PERS.I,CeT.------------------.
1978
Apr.53·38 0 0}iay 53·38 50.60 0June53·38 0 0July57.68 0 0Aug.57.68 15.74 13·.34Sept.57.68 20·58 15·98Oct.913·00 36.68 45·36Nov.913·00 26.34 29·37Dec.913·00 36.56 01979
Jan.261.09 16.59 0ExcessAssets116.51
Feb.261.09 16.59 6.00
-_._----.;")
16·59Mar.261.09 10·33Apr.245.77 31·91 5.00,May 245.77 31·91 5·00June245.77 31·91 0July245·77 31·91 5.00Aug.273·37 31·91 10.00Sept.273·37 31·91 59.88Oct.Dental 101.66
Oct.169.62 .34.00 5.00Nov.Dental 101.66
.Nov.169·62 34.00 35.00Dec.Dental '101.66
Dec.169.62 34.00 15.001980
Jan.Dental 101.66
Jan.169·62 34.00 39·95Feb.Dental 101.66'Feb.169.62 34.00 0
•Hi
Total Charges
Less income
Less Pel Amount
TOTAL
53·38
103·98
53.38
57.68
86.76
94.24
995.04
968.71
949·56
394.19
283.68
28'S.01
282.68
282.68
277.68
282.68
315.28
365.16
310.28
340.28
320.28
345.23
7,756.12
7,756.12
7,392·98
363.1.4
260.25
RECEIPTS
100.00
78·38
78.38
78·38
78·38
82.68
82.68
82.68
o
o
3,199·22
304.76
304.76 --
304.76
304.76
304.76
332·36
332.36
332.36
332·36
332·36
338·36
o
B
COMMONWEALTH OF PENNSYLVANIA·")
)SS:·
COli'NTY OFvJASHINGTON )
BEFORE ME,the undersigl~E:;d authority,·personally appeared,ROBERI'
N.CLARKE,ESQUIRE,substitute Guardian for the Estate of Alva Ray.Tustin,who,
being duly sworn according to law,deposes and says that the.facts set forth
in the foregoing Petition To'Discharge'Guardian Of Estate,'are true and
correct to the best of his information,knowledge and belief.·
-'fit"
....,•
.'.";.!'4:41 .,
~':"':.~,,...,i"""<:i.-C:,,~,,,;""",.,--"~,,""J.-·h".-:'<.,..•,",:,,~"'-~_l<''"/,,,,,,,,,,.,,,:,.;.·i;.-,,,~~~··:i.''''':''''~':''i'..":"'+...":',•.;::,,),.;:..:,:"i'::,;~;",.,:':-"/;,.:.·~:,.,:·.;!~;,:;j::\~::;;1~~'8:Ti:i,.~:,'ii~:;1\~'>:,:"'!>::\'r.,~\~.:.:~\:~".'''4:·:'
IN THE COURI'OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
NO.966 of 1968
t
IN RE:
ESTATE OF ALVA RAY TUSTIN,
an alleged incorrpetent
ORDER
~::;::l;::;L
::l\If'nt-
I::·:······.·:
.-.:;.~",r.
J:..,
::0::>'X
~.
,..p.-
;:l;=t;;;:
iifj
,f!!It!
W't
~ku<k and ~~..~I
.:'8/u~~../~,~,
/f'~.g;~/.581//
.W.!'-.!'2tF..j"t'J(JtJ
';1;;C
'~I,,1[;.~.1.'.::~.~='~4~mG.~\1£..~.,,:
.,€B.:t:'~
S~:.••···.:re.~.....·
.~~,~V;J
•
I
"~
;,.
~
f ~:r~~~.~:'~:f~.--~,~'(>~~~.i'~~~
.~~
~~~.~
"
.,.'•>
'IN THE COURT OF COMMJN PLFp..s OF'WASHING'IDN COlJr!rY f PENNSYLVANI..A
ORPHANS'COlj'RT DIVISION
lJ
IN RE:
ESTATE OF
ALVA RAY TUSTllJ,
an alleged incompetent.'
"
)
)
)'
)
,')NO.966 of of 1968
)'
).
ORDER
,AND NOW,this /11'day of J Ii IV II ~y.,1981,Hellon
Bank,N.A.is hereby authorized to remit the balance of th~,checkinc.1'account
,t
No.112-9703,to Robert N.Clarke,Esquire,and the said Mellon Bank,N.A.,is
hereafter d~scharged from "any further liability ih this matter.
.,~"
.(t '"~'.:,'.,\~~
/)..-
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
...
IN RE:APPOINTMENT OF GUARDIAN )
)
OF ALVA RAY TUSTIN,)
)
an alleged incompetent )
AFFIDAVIT
No.966 of 1968
Before me,the undersigned authority,personally
appeared WALTER W.GREGORY,JR.,ESQ.,who being duly sworn accord
ing to law deposes and says that he sei1ved notice of the hearing
in the matter of the Appointment of Guardian of ALVA RAY TUSTIN,
an alledged incompetent,on William J.Schilling,M.D.,Superin-
tendent of Torrance State Hospital,Torrance,Pennsylvania by
certified mail as indicated by a copy of letter attached hereto
and return receipt attached hereto.
Walter W.Gregory,Jr
Sworn to and subscribed before
#me this /J..0 day of August,1968.
INSTRUCTIONS TO DELIVERING EMPLOYEE
D Show 10 whom,dale,and rvJ Deliver ONLY
address where delivered L!J 10 addressee
(Additional charges requiredjor these services)
RECEIPT
Received the numbered article described below.
Gpg
SHOW WHfiRE DELIVERED (onl,ifreqll6Sletl)
3 j,/~~
DATE DELIVERED
REGISTERED NO.SIGNATURE OR NAME OF ADDRESSEE (Mllss ~iI'S "6filktiin)
"""~~~J~':....S:....8~~~r (W,
S1llltATURE OF A"~."ANY
C~RTIFIED NO.
159075
INSURED NO.<
PENALTYFOR PRIVATE USE TO AVOID
PAYMENTOF POSTAGE,$300
~I00~f~~I
POST OFFICE DEPARTMENT
OFFICIAL BUSINESS
....!
INSTRUCTIONS:Show name and address below and~complete instructions on other side,where applicable.Moisten gummed ends,attach and hold firmly to back
of article.Print on front of article RETURNRECEIPTREQUESTED.!_...._~
..::4L 7L ,.0 >~NAME OF SENDER
:::JOHN L.BRUNNER,ESQ.
~STREET AND NO.OR P.O.BOX
i 27 M~in Street
II.'POST OFFICE,STATE,AND ZIP CODECl•2 B]]r~ettstQwn,Pennsylvania 15021
...
..,
o
....
AUgust 8,1968
William J.Shilling,M.D.
Superintendent .
Torrence State Hospital'
Torrence,,p~sylvania 15779
"-Xn -re"t "appoiiitment of"guardIan 0;£,I
Alva Ray Tustin,an all~ged incompe~en~
~..,.....~-.......\'I;
Dear ··Dr.·~Shil1in9;
.Enclosed is a eitation in1the.above
matter to be served on Alva 'Ray Tustin.The'
previous service.was'made nine days before the
hearing_Please be sure this is served on him
at least ten~daY$be:fore the hearing•
We will appreciate your forwarding
;-the Aftidavit_of.8ervice..as 1luual-.-------_..'"~-
This will also serve as notice to you
that the hearing will be held on this matter in
the Orphans Court ot Washington County of Penn-
'sylvania,on August 26,1968,at 11:,00 '0'clock
A.M.
."'-.
Very trUly yours,
p'I
Walter W.Gregory,Jr.
W\tKl/ets
Bnclosure
Jc"~.'.'~
>.'.,.
;-j
o
..
r••
...
tor-o
Q)
l{)
M
oz
RECEIPT FOR CERTIFIED MAIL-30¢
SENT TO
WILLIAM J.SHILLING
STREET AND NO.
T rrance State Hos ital
P.O.,STATE,AND ZIP CODE
Torrance,Fennsylvania
EXTRA SERVICES FOR ADDITIONAL FEES
Return Receipt Deliver toShowstowhomShowstowhom,Addressee Onlyanddatedate,andwhere
delivered delivered ~50¢feeolO¢fee 0 35¢fee
POD Form 3800 NO INSURANCE COVERAGE PROVIDEo-(See other side)Mar.1966 NOT FOR INTERNATIONAL MAIL
r,
,.
'.
.'',~........I
'.(
.,'.
\
.......
•
I
·1
•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVA RAY TUSTIN,)
)
an incompetent )No.966 of 1969
)
ESTATE OF FLOSSIE TUSTIN,)
)
Deceased )
AFFIDAVIT OF SERVICE
Personally appeared before me,the undersigned authority,
a Notary Public in and for the said County and State,WALTER W.
GREGORY,JR.,who,being duly sworn according to law,deposes and
says that he has caused service of notice of presentation on December
15,1969 of Petition to Make Private Sale of Re al Estate in the above
captioned matter on parties interested by mailing a copy of said
petition by certified mail on December 8th and 10th,1969 as shavn by
certified mail receipts attached hereto....
t .•
Sworn to and subscribed before me
this I::)"day of January,1970,A.D.
My commission expires October 12,1971.
Of
~..."
J
1
.~.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA -ORPHANS''COURT DIVISION
,,j'
IN RE:ESTATE OF ALVA RAY TUSTIN,)
)
an incompetent )
)
ESTATE OF FLOSSIE TUSTIN )
)
deceased )
AFFIDAVIT OF SERVICE
No.966 of 1969 .
Personally appeared before me,the undersigned authority,
a Notary Public in and for the said County and State,WALTER W.
GREGORY,JR.,who,being duly sworn according to law,deposes and
says that he caused service of notfce of confirmation of the Private Sale
of Real Estate in the above captioned matter on Harry B.Tustin,Fred
Tustin and Ora McConnell,parties interested as heirs and next bf kin
by mailing a copy of :attached hand bill on January 9,1970 and on
Commonwealth of Pennsylvania"Department'~f Public Welfare by mailing
~~.....
letter,a copy of which is attached hereto and copy of attached handbill,..
1
on January 9;1970.
,.~
Sworn to and subscribed before me
My
__--.lL _
"
"
IN THE COURT OF COMMON~PLt'AS OF WASHINGTON COUNTY,
PENNSYLVANIA ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVA RAY TUSTIN,an incompetent,
ESTATE OF FLOSSI E TUSTI N,deceased.
No.966,of 1968
NOTICE OF PRIVATE SALE OF REAL TY
Take notice that the undersigned,JOHN L.BRUNNER,guardian of the
Estate of ALVA RAY TUSTI N,an incompetent and Administrator C.T.A.of
the Estate of FLOSSI ETUSTI N,deceased,proposes to sell the interest of the
said ALVA RAY TUSTI N and the interest of the said FLOSSI E TUSTI N in
the realty hereinafter described to JAMES SABATASSE and ROSE AN ITA
SABATASSE,his wife for the total price of THREE THOUSAND TWO
HUNDRED ($3,200.00)DOLLARS.The property proposed to be sold is as
follows:
ALL that certain tract or parcel of ground situate in Smith Township,
Washington County,Pennsylvania,bounded and described as follows:
BEGINNING at a spike in Legislative Route 62031 said point being com-
mon to land now or formerly of Joseph F.Keys and the tract herein describ-
ed;thence by land now or formerly of Joseph F.Keys North 8°30'West
'452.71 feet to an iron pin;thence by land now or formerly of James Saba-
tasse South 89°21'East 216.94 feet to an iron pin;thence by land now or
formerly of Dellapiazza South 9°35'East 430.84 feet to a spike;thence in
said Legislative Route 62031 South 84°44'West 222.68 feet to the place of
beginning.
Monday,January 19,1970 at 10:00 o'clock A.M.E.S.T.in the Orphans'
Court Room,Third Floor,Court House,Washington,Pennsylvania has been
fixed as the time for confirmation of said sale at which time the Court will
entertain higher bids for said property subject to the rules of Court as to
the acceptance of higher bids.If there are no higher bids,the Court will be
requested to confirm said sale absolutely.
JOHN L.BRUNNER,guardian of the
Estate of ALVA RAY TUSTI N,an in-
competent and administrator C.T.A.
of the Estate of FLOSSI E TUSTI N,
deceased.
WALTER W.GREGORY,JR.
Attorney for Petitioner
II.
~...
'.
January .9,.970 •.'
Commonwealth'of Penn'sylvania
.,.''P'"Department of fublic Welfare,
,300..Liberty.Avenue '8th,'Floor
Pittsburgh,Pennsylvania 15222
,Attention:Mrs;Anna Cutf
>'
In Be:~ustin,·~Flossie,
~,Washington'5786 1
'#335,May,'t963
'#294,March "966
Dear Madam:
DIAN
",
"
.
Please find'enclosed a notice 6£Private
Sale'of Real Estate.This sale,involves the .one-half
interest on the above individual."This ,is to give you
notice,that application witl be ,made with the Court to
confirt!l the sale on -January 19,1970.The petition,
asks that this sale pe the affect of a juqicial sale in
discha~ging an 1ien~on th,e property..If the'department
desires to'contest the 'sale,it may 'be repres'ented at
the fixed time.'
,',
Very trulytyours;
"Walter ·W.Gregory,Jr.
WWG/bjt ..,
~nclos~re
•
January 9,'970
Commonwealth of Pennsylvania
Department of Public Welfare
300 Liberty Avenue 8th Floor
Pittsburgh,Pennsylvania 15222
Attention:Mrs.Anna Cutt
In He:Tustin,Flossie
Washington 57861 D/AN
#335,May r 963
#294,March r 966
Dear Madam:
PLease find enciosed a notice of Private
Sale of Real Estate.This sa!.e involves the one-half
interest on the above individual.This is to give you
notice that application will be made with the Court to
confirm the sale on January 19,1970.The petition
asks that this sale be the affect of a judicial sale in
discharging all liens on the property.If the department
desires to contest the sale,it may be represented at
the fixed time.
Very truly'yours,
Walter W.Gregory,Jr.
WWG/bjt
Enclosure
J1
•I
"'1~,,,~
I
,:.....j'".':~""~..'•.'.:....:..;~:::{:~.',-.,--,
;.
t
c"....,,,·..•,,,,,,.,···W:,"
if'
Monday•.January 19.1970 at 10:00o'clock A.M.E.S.T.in the Orphans'
Court Room,Third Floor,Court House,Washington,Pennsylvania has been
fixed as the time for confirmation ofsaidsaleatwhichtimetheCourtwill
entertain higher bids for said propertysubjecttotherulesofCourtastothe
acceptance of higher hids.If there are
no higher bids,the Court will be re-quested to confirm said sale absolutely.
JOHN L.BRUNNER.guardian of the Estate of
ALVA RAY TUSTIN,anincompetentandadministrator
C.T.A.of the Estate of
FLOSSIE TUSTIN.deceased.
WALTER W.GREGORY,JR.Attorney for Petitioner
ALL that certain tract or parcel of
ground situate in Smith Township.Washington County.Pennsylvania.
bounded and described as follows:
BEGINNING at a spike in Legisla-tive Route 62031 said point being com-
mon to land now or formerly of JosephF.Keys and the tract herein described;
thence by land now or formerly ofJosephF.Keys North 8°30'West
452.71 feet to an iron pin;thence byland.now '01'formerly of James Saba-
tasse South 89°21'East 216.94 feet toanironpin;thence by land now or
formerly of Dellapiazza South 9°35'East 430.84 feet to a spike;thence insaidLeg,islative Route 62031 South 840
44'West 222.68 feet to the place of be-
I gihningc'-;
IN THE COURT OF COMMON PLEAs~l
:1 ~iL~t~¥lNGTON COUNTY,PENN-,iV.·i.,.--."·,~~1i7i~;~~i~~;;,=~l
11 deceased.I i \
._~'I No.966.of 1968 /r.·•.._"J,,~
"."""";j'NOTICE OF PRIVATE SALE OF 1~...'l..·....,'.,!."'."..·..;~.'''...l'.J...''.;,,~.:~~REALTY ------t'."·'f:,:"·",'.•.'~.
•;'-,","'~:.Take notice that the undersigned.'j~.:::'','::"!'
"',.JOHN L.BRUNNER.guardian of the '~",.Estate of ALVA RAY TUSTIN.an in-l
competent and Administrator C.T.A.of ;the Estate of FLOSSIE TUSTIN.de-
ceased,proposes to sell the interest of
the said ALVA RAY TUSTIN and th.einterestofthesaidFLOSSIETUSTINintherealtyhereinafterdescribedto
JAMES SABATASSE and ROSE ANITASABATASSE.his wife for the totalpriceofTHREETHOUSANDTWOHUNDRED($3,200.00)DOLLARS.The
,property proposed to be sold is as fol-lows:
ss.
.':.;:.:.~I:~,~}.:"rt-<:.~,':~.
..Y1..<i'".-i',"·r-
....,~.
19..:1..~...
PROOF OF PUBLICATION
---0---
State of.Pennsylvania
County of Washington
I,_~~.g.~.~.~y..~.~.P.~.!'JL ;.:,p~blisher of THE BURGETTSTOWN.
ENTERPRISE,a weekly newspaper publlshed m the Borough of Burgettstown,
County of Washington,State of Pennsylvania,hereby certify tha.t the annexed ad-
"Tustin Est.
vertisement was published in said newspaper for
Three .23 Ed................_consecutive weeks,commencmg on the ~_ .
D 69.7thdayof_.~.~..~19 aiIl~ionc~u mg on ..,'--~.-day of
............._!.~!:,19 ~?O
c::#..4~'...&aJt2i..._--..-_._._~~.....:e'"
before me t~j~d y ~:&I...':!.fJ:!.?!
;~
-f.'J'.iN'ot~~y.~(~tihc
CO .<'(~/~~~.\"L -y--7/
MY commission expires _-~~\'i~~'~l./.19 ----
ri'
!
(.'I'
I
I',I
•\
J"
·l
ss.State of.Pennsylvania
County of Washington
I,_~~.g.~!J:.~y.S?~.P.~EJL ;,publisher of THE BURGETTSTOWN
ENTERPRISE,a weekly newspaper published in the Borough of Burgettstown,
County of Washington,State of Pennsylvania.hereby certify that the annexed ad-
-Tustin Est.
vertisement :_was published in said newspaper for
Three 23 Ed
................_consecutive weeks,commencing on the _ _ .
Dec.69 .7thdayof_19 ,and conclu mg on day of
----lO>----
PROOF OF PUBLICATION
Jan '70............__,19 ....tff4~'~~.....blisher
<-fY '
Taken,sworn to and sub cri before me thIS,'..j.~...d,y f ....k.y~
""'0 ::-.~..~..~/19....,{...........";."~".
•..0:1\..........U ry \.•.
.....................~..~~..::.~.,,\'..
......c.:i,~N6ta~\I~.\tb'11c~,\l'l'a~\••
My commission expires ~~~~~:,~~2~.=L ~19..7.!..
· ·w.·.·.·•...···•····,·,·,·,·,·,·,·,·,······,.,.,.,.,.,.,.,.,.,.,.,.,.,.,jJ?~PUBLIC NOTICES;\~"t.',,.,.,,·1.
IN THE COUR T OF
C-OMMON PLEAS,OF
WASHINGTON COUNTY,
PENNYSLVANIA OR
PHANS'\COURTDlVISION
IN RE:ESTATE OF A.L-
VA RAY TUSTIN,an m-
com pe tent~ESTATE 0 F
FLOSSIE TUSTIN,deceas-
ed.No.966,of 1968.
NOTICE .OF PRIVATE
SALE OF REALTY
I
Take notice that the un-\
de r s i g ned,J 0 HN L.
.BRUNNER,guardian of the
E state of AL.VA RAY TU S-\I TIN,an incompetent and I
\Administrator C.T.A.of '
,the Est ate of FLO SS IE \
TUSTIN,deceased,pro-
poses to sell the interest
.of the said ALVA RAY
TU STIN and the interest
of the said FLOSSIE TUS-
TIN in the realty herein-
after described to JAMES
SABATASSE and RqSE A-
,NI T A SABATASSE,his'
l "~r';~_"",,~,....,...~~t!",t-.,1 T'\'¥'i"'p nf
\~%RJ~l:fjq.~f1g~1~~~
DOLLARS.The property
proposed to be sold is as
follows:
ALL that certain tract·
or parcel of ground sit-
\
Uated in Smith Township,-
Washington County,Penn-
sylvania,bounded and des-
cribed as follows:
.BEGINNING at a spike
in Legislative Route 62031
said point being common
to land now or formerly
of Joseph F.Keys and the
tract herein described;
thence by land.now or for-)
merly of Joseph F.Keys r
North s'30',West 425.71feet ;
to an iron pin;thence by 17"
land now or formerly of 1
James Sabatasse SO.uth 890r21'East 216.94 feet to an
iron pin;thence by land"
now or formerly of Del-i
lap~azza'South 9°35'East 1
430.84 feet to a spike;
thence in said Legislative IRoute62031South84-44'
West 222.68 feet to the
place of beginning.
Monday,January 19,1970
'apO:.O.Oo~t.lO~bAV"l'~.g...~'.••;~¥Tr.o~t~g a Wi,i.'~,.~:i:7:~i~~;~t.;.'sylY~Il}a'l·li~s.b.c ~emhxed as
the '\fm'e 'lfbr confirmation
of said sale at which time
the court will entertain
higher bids for said pro":'
perty subject to the rules
of Court as to the accept-
ance of higher bids.If ~
there are no higher bids,'(
the C 0 u r t will be re-\
queE}ted .to confirm said ~r
sale absolutely..
JOHN L.BRUNNER,
guardian of the.E state of
ALVA.RAY TUSTIN,an
incompetent -and adminis-
trator C .LA.of the Es-
tate of FLOSSIE TUSTIN,:''''''~~~~~~.W.GREGORY,fd
JR.t
Attorney for Petitioner I
D-24,31,J-7 ).--
Washington County Reports
Washington#Pennsylvania
(PUBI.ISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}SS.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the official legal periodical for said Washington County,published weekly
hav,ing its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached ·hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
_JJ~.~~rnp..~.r.~.2 !.9..§.9...
................;!,~~.f.Y.!.I ~..t !.??.Q .
that the affiant or the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the,ne.""""of ""'_,vit "to the time!!:!.~d,~-of et::/~e true.~.:__.....::::::""""__._~
Sworn to and
...~.~~day Of........~~.~.~Y...~
..........~~~-
Notary Public
KATHERINE C.NICHOLAS,Notary Puhtlo
Washington,Washington .co.,Pa.
My Commission Expires
November 1,1973
IN THE COURT OF COMMON PLEASOFWASHINGTONCOUNTY,PENN-
SYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVA RAY TUS-
TIN,an incompetent,
ESTATE OF FLOSSIE TUSTIN,deceased.
No.966,of 1968
NOTICE OF PRIVATE SALE----O;REALTY __
-Take notice that the undersigned;-JOHN L.BRUNNER,guardian of the
Estate of ALVA RAY TUSTIN,an in-competent and Administrator C.T.A.of
the Estate of FLOSSIE TUSTIN,de-ceased,proposes to sell the interest of
the said ALVA RAY TUSTIN and theinterestofthesaidFLOSSIETUSTIN
in the realty hereinafter described to
JAMES SABATASSE and ROSE ANITASABATASSE,his wife for the total
price of THREE 'THOUSAND TWOHUNDRED($3,200.00)DOLLARS.The
property proposed to be sold is as fol-lows:
ALL that certain tract or parcel ofgroundsituateinSmithTownship,
Washington County,Pennsylvania,bounded and described as follows:
BEGINNING at a spike in Legisla-tive Route 62031 said point being com-
mon to land now or formerly of JosephF.Keys and the tract herein described;
thence by land now or formerly ofJosephF.Keys North 8°30'West
452.71 feet to an iron pin;thence bylandnoworformerlvofJamesSaba-tasse South 89°21'East 216.94 feet toanironpin;thence by land now orformerlyofDellapiazzaSouth9°35'
East 430.84 feet to a spike;thence insaidLeg,islative Route 62031 South 84°
44'West 222.68 feet to the place of be-ginning.-
Monday,January 19,1970 at 10:00o'clock A.M.E.S.T.in the Orphans'
Court Room,Third Floor,Court House,Washington,PennsyIvania has been
fixed ·as the time for confirmation ofsaidsaleatwhichtimetheCourtwill
entertain higher bids for said propertysubjecttotherulesofCourtastothe
acceptance of higher hids.If there arenohigherbids,the Court will be re-
quested to confirm said sale absolutely.
JOHN L.BRUNNER,guardian of the Estate of
ALVA RAY TUSTIN,anincompetentandadministrator
C.T.A.of the Estate of
FLOSSIE TUSTIN,deceased.
WALTER W.GREGORY,JR.Attorney for Petitioner
6)17-3
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 (Alva),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 (Alva)
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 (Alva)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.
That the general condition of the said Raymond Tustin (Alva)
is such that his welfare would not be promoted by his presence in
County Court.
6.That the prognosis for the said Raymond Tustin (Alva)is
poor for recovery as he is suffering from degenerative disease of the
brain.
Further deponent saith not.
E?~orn to and subs cribed
before me this 26th day
of June 1968.
~,,"~~:zr
MARY A.VANNOY,NOTARY~1JUc
TORRANCE,WESTMORELAND CO.
MY COMMISSION EXPIRES SEPT.1S.1969
/
STATE OF PENNSYLVANIA
COUNTY OF WESTMORELAND
BEFORE ME,a Notary Public in and for said County and
State,per s onal!y appeared K_a_t_h_e_r_i_n_e_J_o_n_e-s_,_R_,_N _
who being sworn according to law deposes and says that she served
a Citation for the appointment of a guardian on Alva Ray Tustin,
a patient in the Torrance State Hospital,on Thur sday,August 15,
1968,
at 1 :00 p.mo [clock.
Sworn to and subscribed
before me this 15th day of
August 1968.
/UtJbht IJ.1£4A~/~/.
MARY A,V NOY,NOTARY pul)tfc
TORRANCE,WESTMORELAND ~.
MY COMMISSION EXPIRES SEPT.l~.196'
)
IN THE ORPHANS'COURT OF WASHINGTON COUNTY.
PENNSYLVANIA
the Court for the continued hearing in the matter of appointment
HEARING ON PETITION FOR AppoiNTMENT OF GUARDIAN
No.966 of 1968
)
)
.)
)
)
)
...)
Mr.Gregory?
Monday;August 26.1968.at 11:00 o'clock
A.M.,EDST.~
If the COurt p'n~ase.this is'the time,;f:ixed by
THE HONORABLE P.VINCENT MARlINO.
President Judge of the said Court;
WALTER W.GREGO~Y.JR .•ESQ.•of
Washington.Penna..re pres enting the
Petitioner.
TIME:
MR.GREGORY:
THE COURT:
ESTATE OF
ALVA RAY TUSTIN.
INRE:
..:II
0::In APPEARANCES:
o
..J0(
II
o:>""J:I-,...
til
0(
~an alleged ,incompetent.
~.~
z
ZIII0.
ior-Clz
x BEFORE:I/)
0(~'
iii0::Idr-0::o0.Ida:
I-a::>oII
..J«U·iLlLo
.J)
.'.
•
of guardian of Alva Ray Tustin,an alleged incompetent.I have
the Affidavit of Mrs.Katherine Jones.Registered Nurse.to the
effect that she served the Citation·for ~ppointment of Guardian on A va
Ray Tustin,a patient at Torrance State Hos pita1,on Thursday,
August 15,1968.at 1:00 o'clock P.M.
'.
THE COURT:
JI\:'~"f''~'..
,:'.The Affidavit of Service.having complied with
\.
statutory requirements ,and with the,rules of this Court,is ordered
filed and made part of the record.You may proceed.
MR'.GREGORy:t
•
of •.;f ..
t"•1 ......
'~,If the Cour;t please,I ha ve my Affidavit to the
\-L ,...~j •
• •,,",.'If ~,1,1.'~.."!J,i-•,/•
effect that I served a notice of the hearing in this matter on William
..'"...J.Schilling,,M..D.,Superintendent of Torrance State Hospital;by
•#,~,;j"·t·"..!\.'
"
certified ma~l as shown by copy of the letter and J;?€c_eipts for ceJ;'tif ed
ll"..,..,...,.i..~"~'.~~I •'•.,
mail attahced thereto.The notice having been received 'August
10;1968.
THE COURT:You may call ~?ur witness,es.
MR.GREGORY:If the Court please,at this time I will offer
in evidence the Affidavit of William·J.Schilling,M.D.,the practi.'
phy~ician resident at Torrance State Hospital,Torrance,Pennsylva
in the pos ition of Superintendent,concerning the condition of the
alleged incompetent.The Affidavit is attacped to the original
petition.I will also offer in evidence a further 'affidavit of the
same doctor,giving a prognosis.
A .Fred Denver Tustin.
dated June 26,1968,is received in evidence and made part of
the record.
The Affidavit of William J.Schilling,M.D.,
MR.FRED TUSTIN IS CALLED AND SWORN.
Q What is your full nam e ?
THE COURT:
'EXAMINATION BY MR.'GREGORY:
3
Q In what way are you related to Alva Ray Tustin?
A Brother.
••
Q
A
Q
How old is Alva Ray Tustin?
He was born-1894.That's as near as I can tell you.
His birthday would you say is April 6,1894?
Q
•
0(A
z0(>~QVIzz:f A
iol-e>z
:tVI~A
..=o Q
0:I-UIo A
.J0(
o
g Q.,
:t..~A
Correct.
He would be'74 years of age.
Right.,
Was your brother Alva Ray ever married?
No,he wasn't.
Where is he now living?
At present?';
Yes .
State Hospital at Torrance.
•
iii~QI-0:o~A0:
I-0:5 Qu
.J0(
~A
11.,o
Q
'What was his usual address before -gOing to Torrance?
Burgettstown,'R.D.3,Box 134.
In ,Washington County,Pa.?
Yes.
Who are his next of kin?
A Harry E.Tustin,Brother.
,'I ~~_That's right-.
Who else besides yourself?
,Flossie Tustin:.1:,
,
Harry E.Tustin resides at R.D.#3,Burgettstown,Pa.?
-I
Q
,\
,"A-.
Q
A
.
---------
Q,And is she now at Ankrom's Convalescent Home,1198 West Wylie
Avenue Extension,Washington,Pennsylvania?
4
A
"Q'.A
~Qz
0(>..J A>-UlZZIIIII,Qi
0l<-e)Az
:tUl
0(Q~
~u Aitl-•Ul
c Q..J0(
U.c,A:l.,
:tI-....N
iii
0:III QI-0:0II,III A:0:
I-0:
:l0 Q,U
..J
0(
u Aii:l&..0e Q I
A
Q
A
,..
Q
A
Yes.
Any others?
Another sister,Ora McConnell.
She resides ~at R.D.#1',Georgetown,~ennsylvania?
Yes.
A sister?
Right.
The incompetent has two brothers and,two sisters.
Right.
Do y,G>u know of what yo~r brotl~er's estate consists?
It consists of a house and two acres and.I don't know how many
purchases.
What interest does he have in that hous e ?
Half int:eFes·L
That is a two-story frame house ,in Smith Township?
That's right.
And who owns the other one-half interest in that house?
Flossie',his sister,Flossie Tustin.
Bo you know,how they acquired the,house?
They.acquire'd it through.a .wh,l fro~their dad.
~.t".'~."".,-'.
And your father was Hugh Hamilton Tustin,was he?
-\
Q And he died in 1951?
,..half interest in the house.
Th'a t's r'ight •....
~/I ,~,.f ~,~
'And by his wi'lll he'ga've:Alva Ray one-half and Flossie one-
!•
."..
"Correct.~
Q
A'.","
••.Q
A
!Q
Does,your brother receive any income?
t ..~'iI!'.-.;•
~.~
Not as I know of,I don~know.Outside of Social Securit~.
There is no inc'ome from this house,is.that correct?
A No.
Q
A
Q
A
Q
A
The house is not occupied at this time?
At the present it isn't,no.
He receives a monthly Social Security check,does he?
That's right.
In the amount of $125.40.
Yes.
Q Does he also receive a monthl~retirement check from
Prudential Insurance Company of America in the amount of
$19~b6?
-A Yes,he does.
Q Is that correct?
A Yes.
Q Does he have any'other income than this?
A Not as I'know of.
Q Does he have any other assets than the rouse and this inco ne?
A No.
Q To your ~owledge,does he have.any bank accounts?
6
A No,he doesntt.
'Q Has a-g~ardian ever-been _appo~nted for his estate?
Q To your knowledge,has anyone ever made an ilPplication
to any Court to have.a guardian 'appointed before this?
A No,there wasntt., I
-..'
A Never.
QWas it at your J;',equest and the request of the other heirs
~~./".,..,.".
that JqhI1 L.Brunner;,Esquire,.',filed this petition?
l.'&-•'...~r ,-...
A Yes,sir.
"Q ~s ~t'yq~r req~est that JohnL.Brunner be ,appointed guariian
of -the estate of Alva Ray,Tustin?
A 'f"Yes.''~""'
,Q I show you a paper entitled Consent.This paper contains'
four signature s.'Is your signature OIl there?
A Yes,the second one.
Q You signed that?
A Yes.
Q Do you know your brother Harry E.Tustints signature?
"A,'Thatts it rtght here.
Q Have you seen him sign his name?
A Yes.
Q You know his signature?
A 'Yes,thatts it;ltd swear to ,that anytime •
•
Q Do you know your sisterst'signatures,Ora McConnell and
Flossie,Tustin?
A,-Yes.
.,
I .
Are'tho.se'their signatures?
Correct..
,__Q "J;~".tlie"Co1+l't please,w offer the Consent in evidence.
The same is admitted in eyidence and".•,THE CO URT:~·""
...~••11 ~:"f -!t-f :
made part,of the rec6'rd.
Q,I believe-l have no futther questions,Your Honor.
months.'
EXAMINATION·BY THE COURT:
Q And about how '~6I}g would you say that Alva Ray Tustin has
been inT~rra:nce state Hospital?
A May 2~I think;1 1m pretty sure of that.
Q So it would now be approximately four months,almost four
t..~
,.
convalescent home •
Well,he just sort of went out of his'mind.A
A That would be correct.
,Q How did it happen that he was corpmitted to the Torrance
State Hospital?"
-Q Mr.Tustin,with whom d,id your brother Alva'Ray Tustin
re side before he wa s 'commi tted to Torrance?
A Well,he lived formerly with.his sister that she went to ~histo.
0(
z0(>oJ>-1/1Z
ZIII0.
i
0l-e>z
J:1/10(~
t-=uii:I-1/1
C
oJ0(
U
C
:l..,
:tl-t-til
uia:
IIII-a:00.IIIa:
I-a::l
0
U
oJ
0(
U
ii:
Il.
0,
•
-e
Q How do;pu know thathe did?Was.the doctor called?
A The doctor and a'lso he had to be .handled with a cop.
Q Who was the doctor,do you r ~mem't?er?
A Dr.Ro,bert s •,
,'
,.,••'r
,Q
A
And did the doctor indicate that Mr.Tustin had to be conJinedi
Yes,he said he'pronounced something like hardening of thE
•'II.,__~,/1'.I
'":arteries of.the brain.
Q
A
Q
"T~at would be''the cause of it?
That's fully the cause of it that he stated.
Had Alva Ray been acting differently from his usual'actio s
What was the,necessity forwhenthedoctorwascalled?
calling the doctor?
A Well,he'd take those spells,you know,he'd get them spe ,.ls
and you'd wonder what it was and we ,had the doctor see.
Q What would he do when he "lould take them?
A He'd sort of ge:t over it and he ',d run awhile like that an p.
get it again.
Q When he did take the spells,what would he do?Would he€et
violent or what.happened?
A Ye s,sometime s he would and sometime s he wouldn't kDw what he
,,,'
come horre?'
A,No.They said he'd have to have a 24-hoUr watch on him.
Q He's been there all the time then?
A All the time.
Q Would you'state,'sir,that he would be ,incapable of handJing
.his business affairs and looking after his property ;i.n.'hjs
present condition?
,I
I
,
9
I
A
Q
A
Q'.A
.Q
A It would be possible in his condition,.yes.
That-is correct.
So you feel;sir,then that 'a ~uardian is,necessary to
protect his estate?"
r believe that 100 per·cent,yes.
And that is the reason that you and the others have signea
this Consent to the Petition?
You'are satisfied that the attorney,Mr.Brunner,be
appointed to look after this person's interests in his es~ate?
Yes.
Has any preliminary ~iscussion taken place with Mr.
Brunner to determine what would be done w~th thispropert,?
Well,r guess.They was thinking on having it sold,I gu ss.
".
'How about this.'bther half owner that lives'in or is a.-~',,
On,my,no.
He'd not be capable?
He"'s too incompetent for-that.
He Gouidn't be handling his property?
No.r would have'to say no,he couldntt do it at all.
jtnq if he'~a51;none,y in'his::possessiori,would he be able to
-.,
look after money:and things of that nature?
A _Not }.)1 .~he!state"of his position now,he couldn't.
'to •<Ii •<~4
Q So'that i.f he .had money in his possession,'it would be..
, , •'~,.......!'...,,possible ,·that';sofnebody could take .it"from him?
Q
Q
Q
A
Q
Q
A
A
A
uia:
1&1I-a:oQ.1&1a:
I-a:
:loU
~<ub:lI.o
<z·
0(>~>-III
ZZ
1&1Q.
i~ClZ
:J:III<3:
.'
•
patient at the convalescent home?Is she competent?
MR.GREGORY:1 understand she 1.s competent.
,~.,,';.-,.'
•,"
10,,.'
,A
I
.Q
A
,
Yes.,;She"agreed to sell.She said that's the thing to dp.,...
Has Flossie been looking after her own int~rests?'"-.L.-t.•i.,",t.
".i
Well,up to the time she vrent to this home she was,yes.
(At the direction of the Court,off-the-record discussion
was not recorded by the stenographer).,•••MR.GREGORY:May I state,Your Honor,I.Understand
«
z«~
)<
UI
Z
Z
11/11.
iot-e>z
:J:UI«~
that the heirs have discussEid with Mr.Brunner the.possi~
bility of selling the house because it is going into dis-
repa;ir.A grandchild,I believe,is intere,sted i~pur-
chasing it and starting to make some repairs and remodel
the house.I believe it is stated'in the petition that
the house has a value of not more than $4,000.00 Would
had to quit farming and if they took him,they exempted
him on them grounds.
your brother Alva Ray ever a member of the Armed Forces oP
the United States,the Army or Navy?
To my notion I wouldn't give $4,000 for it.
buy it,I wouldn't pay $4,.000 for it •
Dad
If I was to,
Mr.Tu.stin,wasOnemorequestion.
He got exempt~d through World War I.No,·he wasn't.
you say that is correct,Mr.Tustin?
A
rti0:
11/t-o:o11.11/0:
t-1I:
5 Au
.J«
uii:lI.o
..:o
0:...
UI
C
.J<o
C:l..,
:x:.."N'THE COURT:
THE COURT:He was never in the seryice then?
A No.That was the:reason,through farm hlep,that's the
way he got.it.
THE COURT:All right.I believe that will be all,
si,r.
MR.GREGORY:We have no further Witnesses,Your Hono •
"
,.;...t\',"
tr .I '•.._,;f
11
Till>COURT::".'~·I.,We should have .for the record his age •
,
~
P.J.!
I was born in July67thislastJuly.
That 'completes your testimony,does it?
Ye s,Your Honor '.
(Proceedings Closed):
The forego ng record of the proceedings upon the hearing of
I hereby certify that the proceedings and evidence are con-
'""t;..
\ihat is Mr.Tustin's age?
iiill:
1&1
l-ll:o11.1&1ll:
l-ll:
:loo~the above cause is hereby approved and directed to be filed.
oii:lI.o
~..
u tainedfully and accurately in the notes taken by me on the hearing of theit...!~above cause,and that this 'copy is a correct transcript of the same .
~~o:l
'"':tl-I'(II
<z<~>-Ul
Z
Z
1&1
,11.
ioI-elZ
XUl~~
..l~R.TUSTIN:
1901.
'.THE COURT:
MR.GREOORY:
•
..
)
IN THE COURT OF COMMON PLEAS OF WAS HINGTON COUNTY,PENNA.
ORPHANS'\COURT DIVISION
No.966 of 1968
Mr.Gregory,are you ready with your proceeding
Monday,January 19,1970,at 10:00 o'clock A.M.,
EST.
WALTER W.GREGORY,_JR.,ESQ.,o~Washingtc n,
Penna.,representing the Petitioner.
THE HONORABLE P.VlNCENT MARINO,Judge.
of the"s:aid Court.
deceased.
)
)
)
)
an incompetent,)
)
)
)
)
)
)
and
PROCEEDINGS ON CONFIRMATION OF PRIVATE SALE
OF REAL ESTATE
ESTATE OF
IN RE:
ALVA RAY TUSTIN,
zol-e>z
:rIII<C.~
uill:...
l-ll:oD-III
ll:TIME:
l-ll::>ou
oJ«~THE COURT:I&."o
c(
Z<C>oJ>-III~ESTATE OF FLOSSIE TUSTIN,
II.
.:uii:I-IIIi5~BEFORE:
u
c:>..,
:tI-,...
C\I APPEARANCES:
•
•
MR.GREGORY:Yes,Your Honor.If the Court please,in the
matter of the estate of Aiva,Ray Tustin,an incompetent,arid th"e
."estate of Flossie Tustin,deceased,this is the time,fixed for confir-
mation of private sale of r~a~estate to James Sabatasse and Rose
,-.,-..,~I ~'"~..
r'"""-"l.....~..~
Anita Sabatasse,his wife..~..,..
THE COURT:
.J •••
What notice w~s directed to b'e~given?
'.Jt:
2
,MR.GREGORY:Notic'e to be given by publication.inthe Washington
.
County Reports and the Washington Observer and'1l;Jy hand'bills postec
on the premis,es'and in coq:spicuous places in the yiCinity:
•THE COURT:
MR.'GREGORY:
Has that been complied with?
......
Yes l Your Honor.We also mailed notice of '
..
Department of Public Welfarel of the date of confirmation.I have
in the amount of $6 1 881.66.We have asked that this sale have the
pres entation of the petition to the three heirs who,are the parti~s
I'have not made
Now does the Commonwealth have ~judgment
post the handbills,seven in number.T.he Commonwealth was notifie
the Affidavit of Pos ting of the handbills as yetI but I did personally
effect of a Judic'ial sale.Th~two parties each owne,d an undivided
thos e proofs of Publication and Affidavits here:
the father.
because Flossie Tustinl the decedentl had receIved welfare paym entl3
one":'half int erest.in the prop~rty,which t:.they had inherited from
intere stedl and also notified them and the Commonwealth of Pennsyh ania,
COUR'Ir:
.lien entered against this?
iiiIl:IIIl-ll:
.~
IIIII:
l-ll:
:l
8 THE
.J
0(oiL...o
~~Il:I-UIo
.J~U
o
:l.,
:t.."(II
'~z0(
~>-UI
ZZIIIa.
;ioI-
elZ
:rUI0(
~
.'
MR.GREGORY:They have a judgment,yesl Your Honor.
THE COURT:What effect is that going to have on this sale?
MR.GREGORY:The half of Flossie Tustin ,will becom e part of her
estate and after paym ent of the proper expenses the Commonwealth
would be entitled to the balance in the estate.
I
,.
'!l"...~'1r ,I .~..•",
3
THE COURT:Can you.have a judicial.sale which is going to get
rid of that lien?
The estate would receive approximately $1600.00;
THE COURT:;
MR.GREGORY:
some expenses.
There are
You'would al~ocate one-half of the funds,inasmu:ch as the
What portion of this fund is going to be allocated
That's what we .ask,that that;lie,n ~e disch.arged
It would be one-half.The sale is for $3200.00.
.•
to the estate?
thr<::mgh the ·sale.
~.
z
0(
~~MR.GREGORY:zzIIIII.
zoI-Cl~
I:
III0(
~THE COURT:
•
in the hands of John L.Brunner,member of -the Bar,who is the .
,guardian of Alva'Ray Tustin,th.e incompetent.
estate owned a one-half interest in the property.'
...:u
ii:
l-••III•Q
.J MR .~u
Q
:l.,
:t..I'N
GREGORY:Yes,Your Honor.The·o~~er half will be placed
in the Petition ?This is in the estate of Alva Ray Tustin,an
part of this record.Is there anyone else in Court at this time
";
interested in the matter of the:s:a;le of this property as described
iiiII:~THE COURT:
oII.IIIII:
l-ll:
:loU
.J0(
uii:...o
The Affidavit of Service is ordered filed and madE
incompetent,at 966 of 1968 as tothe one-half interest in the propert
of the incompetent,and in the estate of.Flossie Tustin,deceased,
966 of 1968',as to the one-half interest of the.said estate in the
property tobe sold.'As to the ~ntire interest in the property,it is
to be sold for $3,200.00 unless we have someone in Court who is
i~,.
willing to pay m Ore than that price.~s thereanyone in Court at th:is
'.",.
....';r·:
."0"
,~",;.~.'.'~.~"\,!-'~,".4
time willing to pay rno re than $3,200.00 for-tl1e complete interest,'t...,,.
in this property as described in the Pet~ti9h ~;Js(rnentlo'n~d?
the sale'of this property as requested in the Petition.Do you pave•THE COURT:
"(NO RESPONSE).';';
There being no re'sponse,the Court will approve
.a Decree ready,Mr.Gr'egory?,.
No,I haven't,Your Honor.
(Proceedings,.Closeq~.
You \V,ill prepare a Decree?
I wil.1 presentit.GREGORY:
<z<>~MR.GREGORY:Ulzz~THE COURT:'
zo '~~MR.
:rUl<3:
•,~
•
..:uii:IiiQ
-'~uQ.
::>..,
:t..,..
N
..
.,
The foreBo1~record ot the procee~i1ngo upon the hcarill8 of the
.l!''.
above cauoe 10 her~by approved and directed to be filed.
1 hereby certify that the p'roceedinB$and ~vidance ere c9ntained
iiiII:1&1~II:oQ.
1&1II:,.
~fully and accurately in thenotea '~1ten by ~e on the heaJ:>l~of the above
o .
u
~cause..
u
ii:
ILo•