HomeMy WebLinkAboutOC1968-1251 - ESTATE OF DENNYI ., !
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
IN RE:
ESTATE OF
FRANK DENNY,
ORPHANS' COURT DIVISION
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No. 1251 of 1968
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~ an alleged incompetent.
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HEARING ON PETITION FOR APPOINTMENT OF GUARD:If\·N 1'-•
n BEFORE: THE HONORABLE P. VINCENT~ARil':IO, 0
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President Judge of the said Court'. .L
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!2 APPEARANCES: D
PATRONO, CEISLER & EDWARDS, ESQS., of
Washington, Pennsylvania, representing the
Petitioner.
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Monday, October 14, 1968, at 11:00 o'clock A.M .
~ RO;BERT BECK: u r::
If the Court please, this is the time set for the
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hearing with respect to the competency of Frank Denny to handle his
personal estate as per the Petition of his daughter, Betty Thistleth-
waite. I'd like to present the Affidavit of Service on the alleged
incompetent made by William J. Schilling, M. D~, the Executive
Administrator of Torrance State H oopital. You will see from that
Mr. Denny was served on Monday, September 30 at 2:00 o'clock.
That's at Torrance State Hospital.
THE COURT: Do you have the original petition, Mr. Beck?
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MR. BECK: No, I do not. I believe it 1 s on file with the Court.
THE COlJR T: Mr. Beck, is there any other service to be m~de
other than on the alleged in competent?
MR. BECK: There was service to be made by regular mail
on the other members of the flami.Jy who have consented to this petitio ,.
:: all of which have consented to this petition . ... < > ~THE COURT: c. ;;: z
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Has that service been made?
Yes, Your Honor. There is one problem in that
1-i service. The one son, William Denny, was, to our knowledge,
J: u: ; residing in Parma, Ohio. His last known address to us was Parma,
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Ohio, which is where we attempted to serve him. However, I now
find that he is living in Bentleyville, Pa., and he has not been serve< .
However, he has joined in this petition. He has consented to this
~ petition.
ui ~ THE COURT: Very well. We will permit you to go ahead with th
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0 a. ~ hearing, prove the relevant facts and we will have a continued hearir g
.... a: :J 8 in this matter on October 21, 196 8 .
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involved here ?
THE COURT:
Would you like me to re-notify all of the parties
No. It won 1 t be necessary. J'.lst come in and we
will finish it up. It's at 10:00 o'clock A.M. Of course, we won't
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entertain the final decree until we finish with our continued hearing. ,
·MR. BECK: I understand, Your Honor.
THE COURT: You may proceed. I
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MR. BECK: I'd like to present the Court with the Affidavit of W'lliam 1
Schilling with respect to the physical and mental condition of the
, alleged incompetent. I specifically requested Dr. Schilling to make
a future prognosis:·. as to the condition of this individual. I apologiz
for the s hetchy prognosis.
< :THE COURT: The Affidavit of Dr. William J. Schilling, M. D.,
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concerning this alleged incompetent, the incompetent being institu-
tionalized at Torrance State Hospital, said affidavit meeting with
the statutory requirements and the rules of Court, is received in
evidence and made part of this record. You may proceed .
~MR. BECK: If the Court please, I would like to amend the
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petition for theappointment of a guardian in the following respect:
Paragraph 3 states that the estate of said Frank Denny consists of
only a house and lot in Bentleyville, Pennsylvania, which is recorde
in his name and that of' his wife, Orpha Denny, as tenants by the
entireties. It has come to my attention that there is some personal
estate of Frank Denny which in<cludes the right to receive a n:iner's
pension check of $115.00 a month and a Social Security check of
$120.00 a month. And I would like the petition amended to include
these two items.
THE COURT: It will be so ordered.
MR. BECK: If the Court please, I'd like to call the petitioner,
Betty Thistlethwaite.
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il BETTY THISTLETHWAITE IS CALLED AND SWORN.
EXAMINATION BY MR. BECK:
Q Would you state your name please?
A Betty Thistlethwaite.
Q Would you spell your last name?
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Would you give us your address please?
R. D. 1, Waynesburg, Pa., Greene County.
What is your maiden name?
Denny .
Are you related to the alleged incompetent, Frank Denny?
Yes, daughter .
Are you the petitioner in this, matter?
:;A y es.
(II a: Ill Q 1-a: Do you have a family, Mrs. Thistlethwaite?
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0.. Ill A a: Yes; a daughter,Sharori and a son, Edward.
Jo-a: :Jo 0• Q u Do they live with you and your husband in Greene County?
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Q Would you tell us your occupation?
A Housewife.
Q Mrs. Thistlethwaite, I am going to ask you some questions with
respect to the alleged incompetent, Frank Th nny, so that we can get
a little bit of background. Would you tell us his present whereabout~
if you know?
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A Torrance State Hospital, Torrance, Pa.
Q Are you familiar with the care and treatment that he receives there?
A Yes.
:1 Q Could you describe that treatment to us?
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Well, when I've been down to see him he's well dressed, very well
cleaned, and I would say he was taken very well care of.
Would you say that his care is adequate and satisfactory?
Very much so.
Do you know when Frank Denny was admitted to Torrance State Hosp· al?
May, 1966 .
That would be a little over two years ago.
Yes .
Prior to his admission to Torrance State Hospital, de you know wher~
l:.i he resided?
cri a:: Ill A '"' a:: Bentleyville, Pa.
() II.. Ill Q a: That would be in Washington County.
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A Yes.
Q What is her name?
A Orpha E. Denny.
Q Would you tell us your father's birthdate, if you know?
A October 25, 1885.
Q. He would be 83 years old then on the 25th of this mont.:"l.
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A Yes.
Q Can you tell us the names and addresses of his next of kin ? By that
I mean his wife, if she is still living, and any children which he has.
A His wife, Orpha Denny, Bentleyville, Pa., Washingtcn County; a sor,
• William Denny, Bentleyville, Pa., Washington County; son, Frank
M. Denny, Jefferson, Pa., Greene County; son, Russell Denny,
Greenwood, Indiana; and a daughter, Mary Phelps, Waynesburg,
Pa. , Greene County, R. D. 1 .
And, of course, yourself.
Myself.
Are any of these individuals present today?
One, my brother, Frank M. Denny.
Would you tell us the age of your mother?
She's eighty years old.
And she presently resides in Bentleyville.
Yes.
Is she residing in the home which she and your father jointly maintai ?
Yes.
Can you tell us if your father was ever a member of the Armed
Services?
No.
I take it then that he does not receive any Veterans benefits of
any kind.
A No, sir.
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Are you familiar with the physical and mental condition of your fathe1?
Yes.
Can you tell us about his physical conditirn?
He's in bed at times when we go down or in the wheel·~hair. And at
times he knows us and sometimes he doesn't. I mean after we're there
awhile he recognizes us. And his mind, I would have to say he's
confused at times. It just comes and goes.
Is your father able to walk, to your knowledge?
Not to my know ledge.
Are you able to carry on a lucid conversation with him?
Yes.
Does his mind tend to wander at times when you are conversing with _im?
Yes.
Could you give us an example of his mental infirmity?
Well, at one time when we were down to see him we:were all talking
there, my husband and I, and he'd hnow us and talked to us okay; the
just all at once he said that it was beginning to get nic eweather
now and he would just---over the hill he could see his and mother's
home and he planned on walking over there when it got a little bit
warmer to see her.
Where,in fact, was he in relation to yourparents' home?
I don't understand.
Was the home in fact over the hill?
No, no. It was around 16 miles away from where he was.
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Q Are you familiar with the property which your father has?
A Yes.
Q Can you tell us about any personal property which he might have or
have a right to?
A No, other than his own.
g Q Would you know anything about Social Security; checks?
< > t A Yes. He gets a Social Security check of $120.00 monthly . And he gPts
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~ a miner's check.of $115.00 a month.
z C• 1-~ Q Do you know of any real estate which he might have?
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3 A Nothing other than his own .
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~Q What would that be? ... II. ~A His horne there in Bentleyville . ..
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~Q Could you describe that for us?
:J: .... ~A Five rooms, frame house, bathroom, aluminum siding, gas furnace,
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a: ~ and it's located on a lot, I'd say 30 or 40 by 100. a:
0 0.. ~ Q Where is that lot located?
1-a: ::> 8 A At Bentleyville, Pa., 108 Bentley Avenue--right--l'd say in the
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Q Does your mother presently reside in that house?
A Yes.
Q Has there been any other proceeding with regard to th2 competency
of Frank Denny ;to your know)edge?
A Yes.
Q What was that proceeding?
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THE COURT: Mr. Beck, with respect to the real property that
she has been testifying to, I thought your petition S:ated that that was
held by the entireties.
MR. BECK: I'm sorry, Your Honor. I'll clear that up.
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In Greene County.
Mrs. Thistlethwaite, I want you to go back for one moment to the
property which your father owns. Does he own thatproperty wholly
i in his own name?
C· I-t! i A No. Jointly, him and my mother.
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3: Q In other words, that property is owned both by your father and your
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mother.
;>es.
This is the home in which your mother lives and in which your
father previously lived.
Yes.
I believe you stated there had been a prior competency proceeding in
Greene County .
Yes.
Is that the proceeding in which-this same petition was presented and
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it was determined that the Greene County Court did not have jurisdic ion?
A Yes.
Q Does the Court have any questions ?
THE COURT: I wonder if counsel would develop the nature of
the illness of Mr. Denny when he was first committed to Torrance
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and how he harppened to be committed there.
(Continued examination by Mr. Beck):
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I Mrs. Thistlethwaite, I want you :to go back to May of 1966 when your
father was first committed to Torrance State Hospital. Can you tell
us why specifically he was committed to Torrance?
Yes. He wasn't well .. And he was in bed a lot. not bedfast, he could
walk. Like·=his mind was just. I'd say confused at times. But he
was gettingat the place mother couldn't keep him in the house.
He didn't want to keep clothes on and he was just more or less he
thought it was all right if he was outside. Mother couldn't leave him.
She couldn't go downtown because when she'd come back he would be
outside. He wouldn't have these clothes on and it was hard to leave
him there alone. And he just didn't seem to realize that he was
doing this. I mean he more or less seemed to think it was all right
until we'd have him brought back in and to the house.
Yo1:1 said he wasn't well. Wereyou referring to his mental condition?
Well, physically and mentally.
Could you tell us how he wasn't well physically?
Well, he couldn't walk good; he couldn't get around good. I wouldn't
say it was everyday, at times mother would have to help him to go
out in the kitchen if he wanted to go out there or in the diningroom.
And then it got to the place that she had to help him with the bedpan.
He couldn't go up to the steps at all to the bathroom.
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Q Was he able to feed and clothe him self or did he require help?
A He required help clothing and bathing; feeding himself, he fed hiiTE e..:.f
all right.
For how long a period did this condition exist before your fat her was
admitted to Torrance State Hospital, if you recall?
I just can't recall, sir. He had been sick for three years or more.
I mean, and it just was creeping up, you know, a little bit by little bi
on him.
In other words, this was a condition that existed for about three
years prior to his admission and it was steadily worsening.
A Yes, sir.
Q Is that sufficient, Your Honor?
THE COURT: At whose instance was he committed?
Q At whose instance was your father committed to Torrance State
Hospital? Who requested that your father be committed? Who took
care of the proceedings to have him committed?
·A Dr. Downey in Bentleyville and Dr. Braun at Ellsworth.
Q If the Courtplease, I believe the petition includes a statement by Dr.
Braun which is attached as Exhibit ''B".
THE COURT: Then was he re-committed again in July of '67?
That's the date we have here, by Dr. Schilling .. How does that hapf:~::l?
Dr. Schilling, in paragraph three, says "Upon admission of the said
Frank Denny on July 10, 1967 to the said hos pita1:'
Q Mrs. Thistlethwaite, in Dr. Schilling's Affidavit he states.that on
July 10, 1967 your father was admitted to Torrance State Hospital.
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Is it possible that this was the admission date rather than May of 196t: .?
Yes. I more or less thought it was May. It could have been July.
It was in the summer and I just don't know the exact month. But
I guessed at that.
Would that be 1966 or '6 7? In other words, would it have been last
summer or two summers ago?
Two summers ago.
So it should be 1966 rather than 1967.
(At the direction of the Court, off-the-record discussion was not
recorded by the stenographer).
From the time in which your father was admitted to Torrance State
Hos pita!, has he ever been released from Torrance?
No, sir.
In other words, from the initial admission to Torrance State Hospita
which you say was in the summer of 1966, he has continuously been
in Torrance State Hospital.
Yes.
THE COURT: I have no further questions for Mrs. Thistlethwait• .
(witness excused).
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FRANK M. DENNY IS CALLED AND SWORN.
EXAMINATION BY MR. BECK:
Q Would you state your full name please?
A Frank M. Denny . • Q Where do you reside, Mr. Denny?
:! A z Jefferson, R. D. 1.
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)-Q Q That is in Greene County. ...
Li c.. A Yes.
Ci 1-u Q :0:: Jefferson Township.
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t.• Q a: .... Are you related to the alleged incompetent, Frank Denny?
Go c _. .. A Yes.
l c Q What is that relationship?
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" A My dad.
11' II: ... Q ... II: Y ru are his son, is that correct?
c Q. ... II: A Yes. 1-II: -0 Q u You would be the sister of Betty Thistlethwaite, the petitioner in
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A That's right.
Q What is your age. Mr. Denny?
A 62.
Q Do you have a family?
A Yes. I have four children living and a wife.
Q Would you tell us your occupation?
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A I was a miner but I'm retired.
Q You heard Mrs. Thistlethwaite testify to the background of your
father~ the fact that he is presently residing at Torrance State Hospi al,
that he previously lived in Bentleyville, Pa. ~ that he is 83 years • old, that he was never in the Armed Services. Do you have anythin ir
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)o A Ill z No, sir. I think everything is correct.
z Ill Q. Q i. Are you familiar with your father's physical and mentc..l condition?
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~ Q Could you descti·be this as you know it?
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Well, everytime I went up, why1 he goes off and on and sometimes
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o( you go up te. don't know you to see you. But after he starts talking
u 0 :::> ., to you, why. it comes to him who you are .. ·. Then we have been up th re
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N with brothers and he hasn't knowed one brother at all. And he
ui a: Ill 1-a: kept asking us where he was and then he would j:Ust start, we'd be
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1-talking about something and he'd go off on something else and he'd
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~ come back to that and he'd go off again. The last time I was there h
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Q For how long a time has your father suffered the physical and menta
infirmities that he presently suffers~ to your knowleqge?
A I'd say two years that he's been going off on the stage that he is now.
But three years prior to that he had a pretty sound mind1 fromthe
time before we took him to this home. He had a pretty sound mind.
But he couldn't get around very well.
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Q Would you say that his condition gradually began to dete:-iorate over
the three years prior to his admission?
A Yes.
Q Are you familiar with his admission to Torrance State Hospital?
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Yes.
Do you know roughly when that occurred?
Well, roughly I would say it was---it's been twoyears. That's from
the summer he was admitted there.
That would be in the summer of 1966.
3:A Yes .
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Do you know if he's ever been discharged after that initial admission
to Torrance State Hospital?
No, sir, he has not.
He's been continuously residing at Torrance State HoEpital since
the summer of 1966.
Yes; as far as I know he's only been outs ide of it twice. That was
taken from one building to the other. And one Sunday I was up and
got him out but he couldn't make it back . He was just out for about
ten minutes. And they had to fetch a chair and take him back, he
couldn't go back himself.
Q In other words, toyour knowledge he was only outside of the building
itself on two occasions.
A That's all.
Q And this would be just on the grounds of Torrance?
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A Yes. Transferred from one building to the other. And this time
he was out with me and my wife for about ten minutes and we had to t9-ke
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him back.
Q In your opinion, is your father able to manage his affairs?
A No, sir, he's not.
Why do you say that he's not?
The condition of his mind, his mind wouldn't permit it. He goes off,
he wouldn't know what he's talking about. .And I would say maybe
somebody would go up there and want something and he'd give it to
; him right away. He'd say yes, and maybe in five minutes he'd cay I
didn't say that. That's the way it is when we go there to talk to hirr..
Are you familiar with the property and the personal estate that your
father has?
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~ Q Can you tell us if he has any pers anal estate other than Social Secur y
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"-·~ or miner's pension?
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~ A Well, he has just 50% of--the property held in Bentleyville is I)
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~ joint deed with him and my :mother . ...
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Q You are talking about the real estate, house and lot.
A Yes. He has miner's pension and Social Security, that's all.that I·
know of. And I can't dig up any more. I was asked to and I can't
learn of any other thing he owns.
Q In other words, you don't know of any accounts that he might have or
any personal property in the way of a car or anything like that that
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he might have.
A That's right. I've inquired and tried to get, you know~ everything
that I can. I was asked to do that by Torrance and I couldn't get nothing.
Everything is square. He don't owe nothing and the only thing he own::;
is a joint deed of the property in Bentleyville and his miner's pensiorl
and his Social Security.
Do you know if your.father has any insurance?
He doesn't as I know of. I've looked in and mother says not. And
I can't find any papers where he does, so she's told me that neither
one of them has insurance. The check stubs don't show where they've
paid. There's no insurance at all to the house or anything.
You heard Mrs. Thistlethwaite testify that your father receives a
pension check of $115.00 a month and a Social Securit? check of $120.00
a month. Is that correct toyour knowledge?
I would say that's about correct;as far as I can figure out that's
correct. I had it all down in total but I'm pretty sure my dad receiv7d
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$120.00 and I know it's $115.00 in miner's pension.
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Can you tell us what is happening to this money at the present time? I
Well, $50.00 of it is sent to the horne he's at.
That would be to Torrance State Hospital.
Yes. And the rest of it goes for utilities, grocery bill, food
bill, whatever you want to call it, and the upkeep of n-_e horne. And
the remainder of it is put in the bank for tax.
Q Now you say it's put in the bank for tax.
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A That's if anything should happen to come up with the home, it would
need like, that the insurance wouldn't take care of.
Is that in a checking account?
Yes . • In whose name is that checking account?
Orpha E. Denny.
That is your mother.
Yes.
Now as I understand it, this money which would be $2 3:5. 00, is divide ld
$50.00 to Torrance State Hospital and the remainder goes for the
support of your mother in the maintenance of the house and property.
Is that correct?
Yes.
And anything that is left from the immediate expenses goes into the
checking account for your mother to maintain the property.
Yes.
And to pay taxes and soforth:
Yes.
Can you irles·cribe thi"s property which you state that he has a joint
deed to?
A It's located in Bentleyville, Washington County, on Bentley Avenue.
I think it's Bentley Avenue or Bentley Street, I don't know what you
call it. It's a five-room and bath, aluminum siding, furnace in it,
it's on a lot, it's between 30 and 40 by 100. I couldn't exactly say
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the right frontage. But it's 40, I would say, by 100.
Can you tell us what the estimated value of this property is?
$5, 000 0 00.
How do you know it's $5, 000.00? How doyou put that valuation on it?
Well, a real estate man come there to sell it and we had it higher and
the real estate man figured up what all we could get out of it that
they would want to pay for it, so I figured $5,000.00 would be the
valuation of it.
You say that you were attempting to sell this house? Do you mean
by that that your mother was attempting to sell the house?
Yes, she wanted to sell it.
What was the purpose for her attempting to sell the house?
Well, her age, why, she takes spells and she calls me or calls my
sisters and we're in Greene County. And at time we didn't have no
brother in Bentleyville then, and she wants us to come down right
away and we live about 22 miles there, and I have asthma pretty
bad and I just can't go any time. And sometimes we can't get there,
so the reas::> n she wants to sell it is to buy a trailer and move out
close to us so she will be close to us.
Where does she intend to put this trailer?
In Greene County on my sister and brother-in-law's property.
Would this trailer be available for your father if he w.ere to be
released from Torrance State Hospital?
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Q Can you relate any specific incidents where it was necessary for
you to go to the home in Bentleyville immediately?
Say that again.
I believe you recalled an incident where your mother had called you
on the phone and asked you to come to Bentleyville to help her.
Yes. She called me and asked me, she said~ "I'm sick. I'm in
trouble. Could you come down right away?" And she never hung
the receiver up. She just passed out like that and I just had to drop
everything and go down. There's been other times she's called me,
of course, she wasn't quite as bad as that time. I always took my
wife and my wife always stayed one or two days, then my sisters
would go down and they'd change. One time the sisters would take
turns and my wife would take turns two or three days at a time and
stay with her until she got on her feet. Then she'd be all right for
maybe a month or so. That's the reason we're buying---if it's
permitted--we're buying the cheapest trailer we can. We don't
want to buy her one that isn't any good, but we do want to buy her
a good one and move her. If dad ever comes out, that would be
a home for him there.
Do you know of any other proceeding in which the competency of
your father was questioned?
A No, sir .
Q Are you familiar with the proceeding in Greene County?
A No. I'll tell you, I don't know anything about that up there.
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Q Do you know that it occurred?
A I knew it occurred, but I was never notified about it or anything
by the attorney.
Q Do you know if there is or if there ever was a guardian appointed for
your father's estate?
~ A Never was.
o( ~ ii THE COURT: Other than that proceeding. .. ..
1:1 : Q Yes, Your Honor. He's not familiar with that proceeding, Your Honcrr.
0 .. ~ THE COURT: He was the guardian.
;;
o( := Q Mr. Denny. do you have any interest which would be adverse to the
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interests of your father?
What do you mean by that now?
Do you have any interest which would be opposed to the interests of
your father in the handling of his estate and his property?
No .
Would you be willing to serve as the guardian of his estate if you
were appointed?
Yes.
Would you well and skillfully administer the estate to the best of
your ability if you were appointed?
A Well, I would if I could understand it. NoV\!: this way, if I would be
appointed guardian, these checks that comes in, now they come in it
my mother's name. That was fixed up so she could get them cashe< .
I don't know if he's familiar with it or not, but it was. Now what par
21
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e
II
of that money am I supposed to take care of? ;t'hat 's what I want to
know. I don't want to get in trouble there.
(At the direction of the Court, off-the-record discussion was not
recorded by the stenographer).
' Q Mr. Denny, do you understand that the duties of a gu£rdian of your I
father's estate would be to administer his personal and real property~
That's just of his.
~ Q That would include his interests in the home in Bentleyville, it would
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~ include his interest in Social Security checks and pension checks.
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Yes.
That it would be your duty to see to the proper handling of this mone)
and . of: this property. Do you understand?
Yes.
~THE COURT: What's been his educational background and what
Ill 1-a: 0 Q.
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experience has he had in handling money and figures and whatnot?
Mr. Denny, would you tell us what your educational background is?
I went to the 8th grade of school and I ran a junk yard for about 20
years.
You ran a junk yard for about 20 years?
Yes.
Wereyou the owner of this yard?
Yes.
Did you handle all of the financial arrangements with respect to this
22
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junk yard?
A Yes, all of the titles and everything.
Q Did you handle the tax work and any purchases and sales thathad to
A
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be made with respect to this junk yard?
I handled all the sales tax and and all the titles that I could except
what had to be notarized, to take to be notarized.
How long ago was this that you ran a junk yard?
I started in '47, and let's see. about '65 is when I still run the junk
yard, but my asthma, I ain't doing nothing.
In other words, you have run this business from 194 7 to about 196 5.
Yes.
Doyou own your own home?
Yes.
23
:; Q Do you maintain that property yourself and see to the proper mainte ance
ri t: ~ of it?
II: co c.. ~A Yes.
1-r:::
:J g Q You stated that you have four children, I believe .
.I < ~A Yes.
L. 0
Q Are thcs e children presently living at home with you?
A No, sir; all are married and away.
Q Did you see to the education and maintenance of those children, toget~er
with your wife?
A As much as I could put them through school. Both boys got good jobE
. a
Q I believe you said that you areketired miner. is that correct?
• ~ :;: < > .. > Gl z z Ill II.
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A Yes.
Q What was your duty in the mine?
A Cager.
Q What did that entail?
A I was on the bottom of the shaft, letting men off and on. The same as
a conveyor, the only thing I didn't ride with the cage when the men
was dropped down, I opened the gate and let them off and I'd signal
it a way or signal to let men on and off.
i Q In other words, you had the responsibility of seeing to the men comirg
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into and leaving the m :ine. Is that correct?
That's correct.
Haveyou had any other experience with respect to handling property?
No, I haven't.
~ Q Do you have any investments of your own other than this junk yard,
lri a: ~ this junk business that you had? a: 0 II. ~ A No business.
1-a: ::> 8 Q Do you have any other investments? ..
o(
g A I have money in the bank, if that's what you mean.
II.
0
Q Do you handle this money yourself?
A Well, yes, but it's in me and my wife's name. Hers or mine.
It isn't and, it's or. It's in a savings account, most of it.
Q Does the Court have ahy further questions ?
THE COURT: No, I believe the record indicates that the past
experience of this individual qualifies him for appointment as guardic: n
24
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but I feel that he will have to be directed and shown by counsel just
what his duties will be and the fact that he will be concerned with all
monies in the estate. particularly the monies now being received
by the wife of this alleged incompetent; they probably will all go
through his hands and it might be well for him to receive an order
from the Court as to what portion of this fund should be payable to
the wife for maintenance until such time as the real estate might be
sold.
~MR. BECK: I have explained this to him, Your Honor. and I
X 18 ·~ will go into further detail with him at the appropriate time .
..: ~THE COURT:
1-0o ,,
..: MR. BECK: ..
We have no further questions.
That concludes the pres entation of evidence of
L
c testimony which we have, Your Honor.
J ~ ~ THE COURT: ,,.
It IL l-It
Very well.
~ (On October 21, 1968, at 10:00 o'clock A.M •• the following occurre~):
IL It
~THE COURT: c u
The Court will hear motions and peti'::ion.
~ MR. BECK: If it please the Court. I believe this is the time set u i.: II.. o for the continued hearing for the appointment of a guardian for the
estate of Frank Denny. You indicated we would take thatmatter up
at this tim e.
THE COURT: Have there been any communications to counsel sir~e
the last pearing?
25
MR. BECK: No, Your Honor. I have been advisej by the petitipner
•
•
- - ---------------------------------------------~------
that th~re was actual notice given by her to the individual who had
moved from Parma, Ohio to Bentleyville. This is the only addition
that I would have to make at this time.
THE COURT: Is there anyone else in Court interested in the
matter of the petition for declaratiqn of Frank Denny as incompetent
< ( NO RESPONSE ) z f(
~. THE COURT: There being no resr:o.nse, we will execute the
~· ~ t requested decree.
(Proceedings Closed).
1 hereby certify that the prticeedin~ and evidence are contain
~ fully and aceurat ely in the notes tak.'n by me on the hearing or the above
E 2 cause, and that this copy is a correct tranteript of the aame. · .... a: ... a:· ;:)-
0 u
~ u. ii: II. 0 1:be toregoina record of the proceeding• upon the bearing of th
26
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tN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA.
IN RE:
ESTATE OF FRANK DENNY,
An Alleged Incompetent
)
)
)
)
) No. / ~/ of 1968.
)
PETITION FOR APPOINTMENT OF GUARDIAN
To the Honorable, the President Judge of the· said Court:
'
The petitioner, BETTY THISTLETHWAITE, respreC'~fully represents:
1. That the petitioner is a daughter of Frank Denny c.nd resides
at Waynesburg, R. D. # 1, Pennsylvania and that her father, the said
Frank Denny, is presently confined in Torrance State Hosp~tal, Torrance,
Pennsylvania.
2. That the said Frank Denny, because of mental infirmities, is
unable to manage his property.
3. That the estate of the said Frank Denny consists ~ only a house
and lot in Bentleyville, Pennsylvania, which is recorded in 'his name and
that of his wife, Orpha Denny, as tenants by the entireties.
4. That the following is a list of all persons, their relationship
and their residence, all of whom are sui juris and who would have an
interest in the estate of Frank Denny , were he to die intestate at this
time:
Orpha Denny, wife, Bentleyville, Pennsylvania.
Mary Phelps, daughter, R. D. # 1, Waynesburg, Pennsylvania.
Frank M. Denny, son, R. D., Jefferson, Pennsylvania
William Denny, son , Parma Heights, Ohio.
Russell Denny.:, son, Greenwood, Indiana,
Betty Thistlethwaite, your petitioner, daughter, R. D. 1, Waynesburg, Pa.
5. That Frank Denny has no guardian of his estate.
6. That Petitioner asks that Frank M. Denny, son, be made
guardian of the estate of Frank Denny by order of the Court and without
a hearing inasmuch as Frank Denny is unable to attend such a hearing
because of both physical and mental infirmities, and that said guardianship
be limited to the performance of one act only on behalf of the alleged
incompetent, namely: to convey by deed the interest of the said Frank
Denny in the real estate described in paragraph 3 above.
7. That Doctor Schilling, Superintendent of Torrance State
Hospital, has, in an affidavit, expressed his conviction that Frank Denny
is unable to appear in Court for a hearing because of his mental and
physical condition. This letter is offered as proof of the inability of
Frank Denny to be present at a Court hearing and is attached hereto
and marked Exhibit 11A11 ,
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In the Orphans' Court of Wash-
ington County, Pennsylvania .
No. ·I ~-J of 1968
IN RE:
ESTATE OF FRANK DENNY,
An Alleged Incompetent.
PETITION FOR APPOINTMENT
OF GUARDIAN
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PATRONO, CEISLER and EDWARDS
-~1111111
8. That Doctor Braun, a physician practicing in Ellsworth; Penn ...
sylvania, has executed an affidavit as to his knowlec.ge of the mental and
physical infirmities of the said Frank Denny, which affidavit is attached
hereto and marked Exhibit 11 B.11
9. That all the interested parties set out in paragraph number 4
above have joined in this action by signing a consent statement which
is attached hereto and marked Exhibit "C".
10. That Frank M. Denny has executed a statement consenting to
act as guardian of the estate of Frank Denny, his father, in the limited
capacity as set .Out in paragraph 6 above, w.hicn.said;_consent:is.attach~:d
hereto and marked Exhibit 11 D11 •
WHEREFORE, petitioner pr·ays your Honorable Court to adjudicate
Frank Denny to be an incompetent and to appoint his son, Frank M. Denny,
the guardian of his, Frank Denny's estate, in the limited capacity as set
out in paragraph 6 above, and the said Frank M. Denny to serve as such
guardian without the requirement of a bond.
'-/~ --~-~---rr fl. -(J IL/J ~ -L ~~~~~,:<~~~·/~~~~~~~:~~~~-·~:··~~~-----------(Seal
( Betttf Thistlethwaite) Petitioner
... 3~
. .
EXHlBl·r A
EXHlBlT A
SIT'ATE 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
S~ate Hospital as Superintendent.
2. That Frank Denny, a resident of the Coudy of Washington,
State of Pennsylvania, was admitted to the Torrance State Hospital at
Torrance, Pennsylvania, on July 10, 1967, in accordance with the Mental
Health Act of 1951.
3. That upon admission of the said Frank Denny on July 10, 1967,
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 Frank Denny 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 ?ersons.
5. That the general condition of the said Frank Denny is such
that his welfare would not be promoted by his presence in County Court.
Further deponent saith not.
M.D.
Sworn to and subscribed
.:before me this 21st day ....
o,f.'Mar ch 1968.
~-~-~
MARYA:ANNOY, NOTARYPU(;
TORR \t~CE, WESTMORELAND CO.
fy,y ~OMMISSION EXPIRES S~PT: 1 ~· 1969
Exhibit 11 A"
..
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EXHlBlT
AFFIDAVIT .QE P.HYSlClAN AS TO MEN·rAL lNFIRMITlES
C01iAMONWEAL'r.H OF PENNSYLVANIA )
COUN·ry OF GREENE )
ss.:
D'r. Braun, being duly sworn according to law, d~pos~s and says
that h~ is a practising physician r~siding at Ellsworth, P~nn -
sylvania and that he is well acqu:"tin t~d with Frank Denny, having
kno~n him for many y~ars. That, to the b~st of his knowledge,
the said Frank D~nny is suff~ring from mental infirmities.
~ /1( &z~ Ntfl.
Doctor BraliD
Exhibit "B"
E4BlBlT C.
CONSENT TO THE APPOlNTMENT OF GUARDlAN S~T QYl lN FORGOING PETlTlON
We, th~ und~rsign~d,constituting all th~ int~r~::t~d parties in
the forgoing p~tition as s~t out in paragraph four (4) thereof,
have, by signing our names hereto, consented to ~he appointment
of Frank M. Denny as Guardian of the Estate of his Father, Frank
Denny, in the limited capacity as set out in the ~ttached p~tition,
and further coqsent consent to his acting in such capacity without
the requirement of a bond.
WITNESS:
Exhibit 11 C"
._ \-I ...
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EXB1B1T ~
I CONSEN'r 1Q ,Agi .A§ GUARDIAN
1, Frank M. D~nny, th~ und~rsignd, hereby cons~nt to act as the
Guardian of th~ Estate of my Fath~r Frank D~nny. 1 an sixty thre~
(63) years old, am a r~tired coal min~r and resid~ a~ R. D. # 1,
Jefferson, P~nnsylvania. 1 am a citizen of Th~ Unit~d States by
birth and have no int~rest adverse to that of my Fat~r Frank
Denny. I also understand that my only act as said guardian is to
transf•n· by deed the interest of my father, Frali.o{ Dc.mny, in
the house and lot in Bentleyville, Pennsylva.nia,owned by him jointly
v:i th my mother,Orpha Denny, and to turn over to her th;g proceeds of
that sale on it's completion.
WITNESS:
Exhibit 11 D"
··.
• J
COMMONWEALTH OF PENNSYLVANIA }
) SS:
COUNTY OF GREENE )
Before me as a NotaryPublic in and for said County and Common ..
wealth, personally appeared BETTY THISTLETHWAITE, petitioner in
the foregoing petition , who, being duly sworn, according to!law, deposes
and ssrys that all the facts contained in said petition are true and correct
to the best of her knowledge and belief.
Sworn to and subscribed before
me this ( :;t!1.day of SkpkMbcc~
1968.
Not'itry Public
... 4 ...
·~~~ '':;11; · .~peal
(BE;y This"::lethwaite )
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IN RE: . (
ESTATE OF . ) NO. 1251 of ·1968.
FRANK DENNY, _ · ) ·
· an AlleO'ed {1i • t t • Inco~petent. \!}-t a t.OU
Qiommnuwraltq of Jrnusyluauta la 5 :
~ouuty of llmanqtugton ) ·
To: . FRANK DENNY,
an alleged Incompetent •.
Sur Petition of: BETTY THISTLETHHAIT E
'i!mt {!Innttnttttll ~OU. ___ _...._FR..,...A.....,.N.oa.K-=D=ENu...:.NYJ...o~o.-______ .,
that, laying aside all business and excuses whatsoever, you do file in the
office· of the Clerk of our Orphans' Court.of Washingtcn County, a full and
complete answer, under oath, to each and every of the averments of the said
petition, on or before _ _....r1~0~N..!.!D~AY'*----' the 14-th day of -~O~c::....::t:..::o:..::::b..:::.e~r __ _.~
19_6_8, ·at _l_l_':_o_o __ o'clock ~· M., and show cause why the sai·d
Frank Denny should not be declared an incompetent and a guardian
of his estate appointed;
and further abide the order of our said Court in the premises)
If you fail hereof, the petition may be tak::m PRO CONFESSO and a
decree made against you.
WITNESS the Honorable P. Vincent Marino, President Judge of our
said Court, at Washington, Penna., the~ day of Sep~ember , 19 68.
Clerk of the Orphans' Court
Patrono,Ceisler & Edwards, Esq.
Attorney for Petitioner.
(Seal)
. l
IN THE ORPHANS1 COURT OF WASHINGTON COUNTY, PENNSYLV ANTA
IN RE:
ESTATE OF FRANK DENNY,
)
)
)
)
)
)
)
An Alleged Incompetent.
0 R D E R
No. of 1968. ----
AND NOW"···--~· ~H,.o""-~---=-z...::::.....:J=-1968, upon consideration of the aver .. me~ the fo;:going petition, the Court fixes 4"(::--~ , the
ft-"-.ray of c::r:--f;i:;;?u 1968, at /f"a-0 ~IClOJk,
__f}L.__ M. , the Orphans 1 Court Room, Court House~, Washington, ~~~~ ~ u-.......~~~C"II'
as the time and place for hearing on said petition,1fnd petitioner is hereby
~.db:_ , '/ <'(~
directed to serve a copy of thelFetitio~d a written :10tice of the time and
place of hearing, at.least 10 d~~s prior to the date of the hearing, upon .(/L.fl!,,__.R~ . )
alleged incompeten I; and upon :V: of his named intestate heirs who are sui
juris, and who reside in this Commonwealth, and also, upon all known
creditors. Ail :heirs who have consented to the presentation of the within
petition to be served by regular mail. Service on non-residents, to be
by registered mail posted so as to reach addressee under normal condition
at least 10 days prior to the time fixed for hearing.
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IN THE ORPHANS' COURT OF
WASHINGTON COUNTY~~-PA.
No. 1251 of 1'968
1 l\1 .1:{ .1:!; :
ESTATE OF
FRANK DENNYI
an alleged incompetent.
D E C R E E
(Marino. p_..J_.l
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ORPHAN'S COURT
WASHINGTON, PA.
Ctr.1ts'-P~ ,.. IZ.()w~!'-'lf,_s.
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF FRANK DENNY,.
An Alleged Incompetent.
)
)
)
)
)
)
No. 1251 of 1968
D E C R E E
AND NOW,. October e( l, 1 1968, upon consiceration of the
annexed petition and after a hearing held following due not:.ce, it is
ORDERED AND DECREED that
FRANK DENNY is adjudged an incompetent.
FRANK M. DENNY is appointed Guardian of the Estate of Frank
Denny, an incompetent.
The said Guardian is directed to file an inventory in accordance
with the pro vis ions of Section 402 of the Incompetents 1 Estates Act of 1955,
as amended.
The said Guardian shall file not b'ond.at. the .present time.
, .. =====-· ..... ___ _,,
IN THE ORPHANS COURT OF GREENE COUNTY, PEill~SYLVANIA
IN RE:
ESTATE OF:
FRANK DENNY
An Alleged Incompetent
)
)
) NO. 7, Orphans Court; 1968
)
)
0 R DE R -----
"
I
AND NOW, May 7, 1968, upon examination of the with~n petitio
and the attached exhibits, the Court finds that Fr~nk Denny is an
incompetent within the meaning of the Incompetents Estate Act
and Frank M. Denny is hereby appoint as guardian of his estate, t
serve as such without bond and as such, to perform the one act as
set out in paragraph six of said petition, _namely: to convey by
deed the 1nterest of Frank Denny in the real estate described in
paragraph three of said petition and to turn over tc the wife of
the incompetent the proceeds therefrom.
ATTEST:
AL DARNEY
Clerk
CO~WONWEALTH OF PENNSYLVANIA ) SS:
COUNTY OF GREENE )
BY THE COURT:
GLENN TOOTHMAN
President Judge
I, Al Darne·y, Clerk of the Orphans. Court of Greene County,
Pennsylvania, hereby certify·tbat the forego~ng Order of Court
dated May 7, 1968, ·is a· true and correct copy: IN RE: ESTATE OF
FRANK DENNY, an alleged incompetent. The same being of Record
No. 7, Orphans Court, 1968.
WITNESS my Hand and Official Seal
this 7th day of May A.D., 1968.
- -.. ~-.. ~---------r·-~~-~----.. ·--·~---.,..,......,.....v ... -.._._,.,._,_
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AFFIDAVIT OF GUARDIAN OF AN IMCOMPETENT
j;tatr nf Jrnnayluania, t ss:
<nnunty nf llaa~ingtnn \ ·
P all b f h d . d h · · not ar v public · d f 'd erson y e ore me, t .e un ersigne aut ority, a ..................................... ~ ................... , ............. * ........... m an or Sai
County and State, appeared ....................................... .f~.~~-~ ..... M.~ ..... P.!,;:.!'i~.J.: ............... a .. , .......................... who, being duly
sworn according· to law, deposes and says that he is the e~~&-~st:Mor of the estate of
FRANK DENNY, an incompetent, . . .......... : .................................................................................................................... deeeasetl, that the foregoing schedules constitute a
complete inventory and appraisement of the real and personal estate of...~.~-~~-~ .... P,;E!~.~.X.I ...... ~-~.9..?..~.1?..~.\e n t '
oodeeettsttl, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item
of re.al a?d personal _es~ate in the foregwug:. ~che~tH~tar~ ~et~~ne.d.~Jl~Yl.d by the _undersigned to
. ·be the. fair value of sa1d Items as of the ~;\~~:&a'ta,'baged. upon a JUSt appraisement of each
item made by. the above named :E~lft!e:r-... ~ft~ator:-gu ar dian •
Sworn and subscribed before me this .... ~f."!!::::. .. ~... f~ , J /. ~ , -_.
day of. ... c.: ..... ~.~~-~~ ......•........... ()19 .... ~.~~-.. ~~-~~·········~~~~g .......... .. ~~~l~~~~~i-~·· ~~;~~~~-INSTRUCTIONS Guardian/"''
W·Jd!'"rrton Wash. C()., Pa. b f'l d . h' h h f . f 1 . r-' 'c ... _, . .'l. Ex An }~~~~at~fY lWNst· e I e wit m t ree mont s a ter appomtment o persona representatiVe. 1~ ommtss1'2. P~5supplemehfai inventory must be filed within thirty days of discovery of additional a3sets.
' 3. 1 Original and 2 Copies and 2 RCRI-34, Under $10,000; 1 Original and 2 Copies and 2 RCRI-33,
Over $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P. L. 513 Sec. 5.2, 72 P. S ... 4844.2
lJnnrntnry au" .1\pprai.srmrut of the goods and chattels, rights and credits which
were of ..... ~~.!.\~~ .... ;~~~-~-~.!. .. ~ ..... ::':.~ ..... ~.~ .. ~-~!!:.P..: .. ~.~-~ .. ~1~~ -~ ................................................................... -................................ .
Washington County, Pa., taken and made in conformity with the abave affidavit.
DOLLARS CENTS
PERSONALTY:
N 0 N E
REALTY:
ALL that certain parcel of land, situate in the ~orough
of Bentleyville, Washington County, Pennsylvania, and being
parts. of Lots numbered 15 and 16, in thew. F. Richardson
No. 2 Plan of Lots in said Borough, which plan of lots is
of record in the Recorder's Office of said County, in Plan
Book No. 3, page 128; and which said parcel of land hereby
con v e y e d i s de s c r i be d as f o•li ow s : . · ":_-~ .. -·,...
BEGINNING at a point in the western line of Bentley
Avenue, which point is 22i feet southwardly from the div~din
line between lots numbered 14 and 15, in said Plan of Lots,
and running thence, southwardly, and along said line of
Bentley Avenue, a distance of 22! ·feei, to a point; thence,
westwardly, across said Lot numbered 16, and along a line
parallel with, and 45 feet distant southwardly from, said
dividing line between said lots numbered 14 and 15, a
(see attached sheet)
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ESTATE OF FRANK DENNY, an incompetent
INVENTORY AND APPRAISEMENT
PAGE TWO
distance of 90 feet, to the eastern line of Ellsworth Avenue, in
said Plan of Lots; thence, northwardly, and along said line of
Ellsworth Avenue, a distance of 2~! f~et, to a point; and thence,
eastwardly, across said lot numbered 15, and along a line parallel
with, and 22! feet southwardly from, said dividing line between
said Lots numbered 14 and 15, which line is also the line of land
now or formerly of George w. and Genevieve Frye, a distance of
90 feet, to the point at the place of beginning; and upon which
land is erected a two-story frame dwelling house; but excepting
and reser~ing all of the Pittsburgh and Freeport veins of coal
underlying said land, and the mining rights connected therewith;
BEING the same conveyed to Frank Denny and Orpha De~ny,
his wife, by deed of Oliver M. Frye and Lula Frye, his wife,
dated the 1st day of September, 1948 and recorded in the Recorderts
Office of Washington County, Pennsylvania in Deed Book 749t at
......
Page 37. $:3,500.00
PERSONALTY o.oo
REALTY $B.~oo.oo
TOTAL $3,5bo.oo
NOTE:
The following property' was jointly held by Frank Denny, incompetent,
and Orpha Denny, his wife:
Safe deposit box number 193 in the Peoples~Union Bank and
Trust Company, Bentleyville, Pennsylvania
Checking account number 2-030-080-3 in the"·Peoples Union Bank
and Trust Company, Bentleyville, Pennsylvania
Frank Denny is entitled to receive $120.~0 per month frum social
security benefits and $115.00 per month from a miner~s pension.
pi
1'-~~1 i ;c;~~[
I.NVENTORY AND APPRAISEMENT
' IN THE E S TATE 0 F
FRANK DENNY, an incompetent
...
FILED: 196.9
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PATRONO, CEISLER and EDWARDS
Attorneys at Law
80 East Chestnut Street
Washington, Pennsylvania 15301
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at..:ountant is/are 4irettef tt pay
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY, PENNA.
NO. 1251 of 1968
IN RE:
ESTATE OF FRANK DENNY,
An Alleged Incompetent.
ACCOUNT
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PATRONO, CEISLER and EDWARDS
Attorneys at Law
80 East Chestnut Street
Washington, Pennsylvania 15301
JJI\·r J.~-J/0
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tl'U.S!I!H(!ton County, S8.
f do o.:dit"11 that I haoe qfr;en leqal notice to all pr.rso!'is
.~~moerr.ed of Ue _(i/ii;Q of the wiUth rt!!Ct:JiH1i ir: ~he 'manner pre·
w:rii;e;J by Statute and Rule af (Jaurt. as ecitlemx!l b.rJ prDojs
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT.DIVISION
IN RE: ESTATE OF FRANK· DENNY,
NO. 1251 of 1968
An Alleged Incompetent
. ACCOUNT
AND NOW, this·~ day of
Guardian of the Estate of Frank Denny, now d~cease ,
his Attorneys, PATRONO, CEISLER AND EDWARDS, ESQ.3. , and files
the following account of his administration of, the 3state of Frank
Denny:
SUMMARY
Item
rsonalty (See Schedule A)
ncome from Personalty (See
Schedule A)
alty (See Schedule B) (
from Realty (See Schedule
sbursements (See Schedule C)
sts of Administration (See
Schedule C)
ttorneys Fees (See ·schedule C)
ardian's Commission
$
·,. n J;f •. 'll
B)
Debit
44.82
695.10
3, 500. ~p
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SCHEDULE A·
rsonalty Debits:
Inventory of the Estate of Frank Denny,
an Incompetent, filed March 4, 1969
Balance of checking account jointly held
with Orpha Denny on October 22, 1968
U.M.W. Pension Checks·-5 at $115.00
Social Secruity Checks -1 at $120.-10
(NOTE: Social Security checks were
received by Orpha Denny, wife of
$
the Incompetent, for the months of
November, December, January and February.
The Guardian began receiving Social
Security checks in March, 1969.) ·
Credit
435.02
4?.30
250.00
Debit
4?..82
57:-.oo
12C.l0
Balance
$ 44.82
695.10
3,500.00
0.00
435.02
47.30
250.00
Balance
0.00
$ 739.92
SCHEDULE B
Realty:
Inventory of the Estate of Frank Denny,
an Incompetent, filed March 4, 1969
for property owned by Frank Denny and
Debit Balance
Orpha Denny as tenants by the entireties·$3,500.00 $3,500.00
SCHEDULE C
Disbursements:
Equitable Gas Company
West Penn Power Company
Bentleyville Telephone Company
World Insurance Company -fire insurance
Commonwealth of Pennsylvania -maintenance
of Incompetent
o~pha Denny -Support of Incompetent's wife
Costs of Administration:
Filing Petition to Adjudicate Incompetency
and Procuring Citation
Notary Fees -Mary A. Vannoy
Making Copies for Service
Telephone Calls
Notary Fees -Angeline Sorice
Filing Account
Filing Petition for Audit
Patrone, Ceisler and Edwards:
Preparing and Filing Petition for appoint-
ment of Guardian and Hearing
Patrone, Ceisler and Edwards:
Preparing and Filing Inventory; ~reparing
and Filing Account; Filing Petition for
Audit ·
$3,500.00 ~
Credit Balance
30.80
8.74
18.72
10.92
100.00
265.84
13.50
2.00
2.10
2.20
1.50
16.00
10.00
150.00
100.00
$ 732.32
I
-------------rr-------------------------------------------------------------------------~--~
. ,
k:OMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF WASHINGTON :
Before me, the undersigned authority, t=ersonally appeared
FRANK DENNY, JR., Guardian of the Estate of Frank Denny, an Incom-
petent, who, being duly sworn according to law, deposes and says
that the facts set forth in the foregoing Account are true and
correct upon his personal knowledge.
Sworn to and subscribed
before me this .=-<I AY
a;r.Y of April,' l%{.} . t.~J ~ .~
/kp~~pt;r, · F n Denny, •
J Notary Publl.C ANGELl::!::: :::c.::c:::, r::riwr; l' .. :c··~
My Commission Expires· 80 E. Chestn~.;t s;. ·Washington, ~·:asl1. Co., Pa.
My Commission Expires Janutry U, n::.":f
. ' . .
IN THE COURT OF COMMON PLEAS OF WASHINGTON COill~TY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: ESTATE OF FRANK DENNY 1
NO. 1251 of 1968
An Alleged Incompetent
0 R DE R
AND N0~7, this 2/ day of
account having been accepted, IT IS ORDE AND DECREED that Frank
Denny, Jr.,· Guardian of the Estate of Frank Denny, an Incompetent,
now deceased, make the following disbursements:
To Patrone, Ceisler and Edwards,
Esqs., for legal fees and
administration expenses
To Frank Denny, Jr., Guardian's
Commission
$127.50
~t:oo
After the making of the above disbursements IT IS FURTHER
ORDERED AND DECREED that Frank Denny, Jr., is hereby relieved of
his obligations as Guardian of the Estate of Frank Denny, Sr.
...
•
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA
IN RE:
ESTATE OF
ORPHANS' COURT DIVISION
)
)
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) No. 1251 of 1968
I FRANK DENNY,
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HEARING ON AUDIT
" ~BEFORE: THE HONORABLE P .· VINCENT MARINO,
President Judge of the said Court. J: Ill
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APP.EARA NCES: PATRONO, CEISLER AND EDWARDS, ESQS., of
Washington, Penna., representing the Accountant.
TIME: Tuesday, September 9, 1969, at 10:00 o'clock
A. M., EDST.
THE COURT: Number 1251 of 1968, the estate of Frank Denny,
an incompetent. The Guardian is Frank Denny, Jr. and the attorne~
are Patrono, Ceisler and Edwards. Mr. Beck?
ROBERT BECK: If the C~urt please, we believe that this matter
been terminated by order of this Court of April 21, 1969. The
disbursements, the appropriate disbursements were made but throt: h
some misunderstanding, it appeared on the audit list, so we did
send notice of audit, rather than trying to remove it from that list.
This was a matter where the personalty remaining in the estate of
Frank Denny was far less than the expenditures made and the expen es
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of the administration. There was also real property which was held j
by the entireties between Frank Denny and Orpha Denny. That property,
upon the death of Frank Denny, which was the reason for the termination
of this incompetent's estate, automatically went to Orpha Denny .
And as far as we are concerned, the matter has been terminated.
All of the children have been notified. The wife has been notified.
They don't choose to raise any questions with respect to this estate .
:THE COURT: How was it specifically terminated by the Court's
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prior order? What type of an order was that?
X .,
< MR. ~ BECK: We presented an order, Your HonorJ at the time
~ u z of the account, setting forth the fact of the essential insolvency, and
~ ill
5
.J the fact that the real estate was no longer part .of the estate of Frank
< u 0 :J DennyJ Sr. And at that time, since there was nothing remaining in .,
:r .. " C'll the incompetent's estate, we felt that it would be appropriate to terminate
lti 0:
Ill ... the estate by the orderJ with notice at that time, notice was given
0: 0 a.
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0: to all of the children and to the surviving spouse of the ip.tention of
... 0: :J 0 u the guardian.
.J < u ii: THE COURT: Were there any claims against the estate that wer ~
1&. 0
unpaid?
MR. BECK: All of the claims that were remaining at that time
were taken care of by the surviving spouse. They were being taken
care of by the surviving spops e and the guardian through the pendenc V
of the estate for the reason that all of the claims were pertinent
to the real estate, which was being lived in by the surviving spouse.
•
•
-.
• •
THE COURT: Very well. Is there anyone else in Court intereste
in this estate.?
THE COURT:
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( NO RESPONSE )
The audit of this account is ordered closed by the .
( AUDIT CLOSED
~ .f· 1 hereby eertUy. that the proceed!~ and evidence are contato d
! tully and accurately to the notes taken by J?le o~ tbe hearing of theabove
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and that this eopy 1a a correct traoserlp~ or the same.
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. The foregoing rec~ of ~e.·p~e~-upon tbe hearing of
' the above ea~e is hereby approved. and directed to be flled.
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF FRANK:DENNY,
An Alleged Incompetent
~
)
)
)
) No. 1251 of 1968.
)
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF WESTMORELAND )
Before me, the undersigned authority, personally a:gpeared
_W.:...:..:i:.:.ll:..:i:..:a:.:m:.:....:J::...:.. . ....:S::..;c::::h::.:i:.:l.::.h::. n;:tg;w•:.........:.M:..:..:.. . .::D:...:·-------who, being duly sworn accord-
ing to law, deposes and says that he served the Petition fo:r Appointment
of Guardian, the Citation, and the Notice of the time and place of hearing
thereon, on the alleged incompetent , Frank Denny, personally, by
making known to him the contents thereof and handing to h:..m a copy
thereof. The said Frank Denny was serve~ .on ~on,d,ay,_.·?~ptember 30,
19 6 8, at ___ T_o_r_r_a_n_c_e_S_t_a_t_e_H_o_s_.p __ i_t_a_l ___ , at 2:0 0 __ . _. o 1 clock ,
P. M.
Sworn to and subscribed before me
this 4th day of ----------October
1968.
My Commission Expires: ~ /f~ Cf
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STATE OF PENNSYLVANIA
COUNTY OF WESTMORELAND
William J. Schilling, M.D., being duly affirmE:d 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 Frank Denny, a resident of the County of Washington,
State of Pennsylvania, was admitted to the Torrance StatE: Hospital at
Torrance, Pennsylvania, on July 10, 1967, in accordancE: with the
Mental Health Act of 1966.
3~ That upon admission of the said Frank Denny on July 10,
196 7, 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 Frank Denny is so mentally ill that he is
unable to take care of his property and in consequence thE,reof is liable
to dissipate or lose the same and become the victim of designing persons.
5. That the general condition of the said Franl-: Denny is such
that his welfare would not be promoted by his presence in County Court.
6. That the prognosis for the recovery of the &aid Frank Denny
is poor.
Further deponent saith not.
M.D.
,_ Sworn to and subscribed
be_fore me this 4th day
of October 1968.
MARY A. VANNOY, NOTARY UBLIC
1 TORRANCE, WESTMORELAND CO.
MYCOMMISSION EXPIRESSEPT.15.1969
,·
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF FRANK DENNY,
An Alleg~d Incompetent.
)
)
)
)
)
)
No. 1251 of 1968
D E C R E E
AND NOW, October , 1968, uppn consideration of the ---'----'
annexed petition and after a hearing held following due notice. it is
ORDERED AND DECREED that
FRANh DENNY is adjudged· an incompetent.
FRANK M. DENNY is appointed Guardian of the Estate of Frank
Denny, an incompetent.
The said Guardian is directed tofile an inventory in accordance
with the provisions of S~ction 402 of the I~competents' Estates Act of 1955,
as amended. ·
The said Guardian shall "ile no bond at the. present time .
. BY the Court,
P. J •
..
. '