HomeMy WebLinkAboutOC1968-1529 - ESTATE OF MILLERI'
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IN THE ORPHANS'COURT Of
ASHINGTON COUNTY,PENNSYLVAN
NO./.5~/<>-/19~f
IN RE:
ESTATE Of
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,
an alleged incompetent
PETITION FOR APPOINTMENT
OF GUARDIAN
COrder Wi thin)
SHERMAN H.SIEGEL
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ATTORNEY AT LAW'
WASHINGTON,PENNSYLVANIA
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a NO.
EDITH V.MILLER,an
alleged incompetent
PETITION "FOR APPOINTMENT OF,"GUARDIAN
TO THE HONORABLE,THE PRESIDENT JUDGE OF SAID COURT:
The petition of Maye Zuver respectfully represents:
1.Your petitioner,Maye Zuver,resides at R.D.#4
Washington,Pennsylvania (Amwell Township)and is a daughter of
the alleged incompetent hereinafter named.
2.That the said Edythe V.Miller a/k/a Edith V.
Miller is seventy-one (71)years of age and her residence is
R.D.#4,Washington,Pennsylvania (Amwell Township).
~.That the said Edythe V.Miller because of
mental infirmities of old age is unable to manage her property an,
is liable to dissipate the same or become the victim of designing
persons.
4.That the estate of the said Edythe V.Miller
so far as petitioner knows consists of the following:
PERSONALTY:
Bank account
Household furniture
Cattle ana farm equipment
REALTY:
Tract of land situate in Amwell Township,
Washington County,Pennsylvania,containing
152 Acres,more or less
Total
$7,000.00
500.00
"5","000"."00
$12,500.00
"20",00 0"•"0 0
$32,500.00
5.That the names,relatio;nship and addresses of
the next of kin of the alleged incompetent are:
NAME RELATIONSHIP ,ADDRESS
Gr?ce'Donahoo Da'ughter 690 Lakeview Drive
Washington,Penna.
James Earl Miller Son 1801 E.Maiden St.
Washington,Penna.
Alice Zuver Daughter R.D.#l,Scenery Hill,
Pennsylvania
Faye Redd Daughter R.D.#4,Washington,
Pennsylvania
Maye Zuver Daughter R.D.#4,Washington,
Pennsylvania '
all of whom are sui juris.
6.No other Court has ever assumed jurisdiction
in any proceeding to determine the competency of the said Edythe
v.Miller.
7.That the alleged incompetent has no guardian of
her estate at present but your petitioner was named Trustee of
the Estate passing 'to the alleged incompetent under the will of
her deceased husband,Josey E,.Miller,who,died N0vember 7,1968
and whose Will has been probated in the R~gister of Wills Office
for this County in Will Book It'Go page SY'1/
WHEREFORE,petitioner prays Your Honorable Court
that a Citation issue directed to the alleged,incompetent with
notice thereof to the next of kin to show-cause why she should not
Pet1.t1.onerAttorney
be adjudged an incompetent and a,gu~a,.rdian of her estate be appointed.
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
Personally appeared before me,the under-
signed authority,MAYE ZUVER,who being duly sworn according to
,
law deposes and s'c(ys'that the facts set forth in the annexed
petition are true and correct to the best of her knowledge,
information and belief.
Sworn to and subscribed before me
this 29th day of November,1968.
MARGARET BAILS,Notary Public
.WASHINGTON.wr-e ,...f',,:.jTO""«':0..PA.
My Commission Expires February 27,1971
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MAYE ZUVER
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lin WQr (@rpQans'Q.tourt of lIunijington atounty,Jrnn1iyluuniu
IN RE:(, (
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ESTATE OF (.(..,)11i t·t tt t t·ntt)NO.1529 of 1968
EDYTHE:V.HILLER a/k/a (\L!t",(
E'DITH V.MILLER,))
AN ALLEG.c:;D INCO~·1P i:!.TENT'(
QIommonmraltQ of Jrnnnyluania {.6.6:
atounty of 3lllIul1Qington }
To:EDYTHE V.'MILLER,aka EDITH V.MILLER
Sur Petition of:------------
~rrrting:
IIr Q.tommttnrt lou,1illYTHE V.}ULLER aka EDITH V.IvlILLSR,
that,laying aside all business and excuses whatsoever,you do file in the
office of the Clerk of our Orphans'Court of Washington County,a full and
complete answer,under oath,to each and every of the averments of the said
.
I
.petition,on or before
1968,at 10:30
Monday ,~he I 30th day?f __D_e_c_e_ID__b_e_r _
o'clock L.M.,and show cause why the said Edythe V.
Miller aka Edith V.Miller should not be adjudged an incompetent and
a guardian of her 'estate be app~inted;
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 Honoraqle P.Vincent Marino,President Judge of our
said Court,at Washington,Penna.,the ~day of December ,1968 .
~2:J~cterkOfthe Orphans'Court
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Attorney for Petitioner.
(Seal)
,.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,an
alleged incompetent
NO.
ORDE'R
AND NOW THIS'"~'~(,day of December,1968,
upon consideration of the within petition 'and upon motion of
Sherman H.Siegel,attorney for petitioner,it is Ordered and
Decreed that a Citation be awarded,directed to Edythe V.Miller
a/k/a,Edith V.Miller,to show cause why she should not be
adjudged an incompetent and a guardian of her estate be appointed;
Hearing to be held in the Orphans'Court Room at the Court House
at was~on,pennsYlvr/2'on ·kh ¢'6.£.....,the
.JO -day of·····-M"""".;.k~1968~P.-.;i"V
./
o'clock',"/t M.,E.S.T.
At least 20 days'notice of the Hearing shall
be given to Edythe V.Miller,the alleged incompetent,by personal
service of a copy of said petition and citation,and by service
of notice upon her next of kin
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IN THE ORPHANS'CQURT O~
WASHINGTON COUNTr,PENNA.
NO.1529 of 1968
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,an
alleged incompetent
AFFIDAVITS OF SERVICE
SHERMAN H.SIEGEL
ATTORNEY AT LAW'
WASHINGTON,PENNSYLVANIA
WASHINGTON TRUSTBUILDINC
IN THE ORPHANS"COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
EDYTHE V.,MILLER a/k/a
NO.1529 of 1968
EDITH V.MILLER,an
alleged incompetent
,'AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
S.C.SOLOMON,being duly sworn according to law,
deposes and says that he is a duly appointed Constable for
Chartiers Township,Washington County,Pennsylvania;that on the
5th day of December,1968,at 5:00 o'clock P.M.,E.S.T.,he did
read to Edythe V.Miller,an alleged incompetent,the petition
for appointment of a guardian for the said Edythe V.Miller and
Order of the Court dated December 2,1968 and Citation and Notice
of Hearing on said petition to be held o~Monday,December 30,
1968,at the Orphans'Court Room at the Court House,Washington,
Pennsylvania,at 10:30 o'clock A.M.,E.S~T.,and did hand copies
of same to the said Edythe V.Miller,personally,at her residence
in Amwell Township,Washington County,Pennsylvania,her identityl
having been made known to your affiant by Maye Zuver,the daughte.
of the alleged incompetent.
Sworn to and subscribed before
me this 6th day of December,1968.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a·>.NO.1529
EDITH V.MILLER,an
alleged incompetent
.AFFIDAVIT OF SERVICE
of 1968
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
Personally appeared before me,the undersigne
authority,SHERMAN H.SIEGEL,who being dUly sworn according to
law deposes-that he did cause to be mailed to Mrs.Grace Donahoo,
Mr.James Earl Miller,Mrs.Alice Zuver and Mrs.Faye Redd,the
next of kin of the alleged incompetent,by certified mail posted
on December 4,1968,Notice of Hearing-in the above captioned
case,a copy of said notice being attached hereto and made a
part hereof;that said certified notices were received by all
the addressees as indicated by the return receipts which are
attached hereto and made a part
Sworn to and subscribed before
me this lOth day of December,1968.
WASHINGTON.'W...i.Gt·U:,:iTOr-:'-"~
My Commission EXp!~::5 (l.ibru::ry 27,1971
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,an
)
)..
)NO.1529 of 1968
TO:
alleged incompetent )
NOTICE OF HEARING
Please take notice that a Hearing has been
fixed in the above matter by the said Court to inquire into the
alleged incompetence of Edythe V.Miller of Amwell Township,
Washington County,Pennsylvania,upon the petition of Maye Zuver,
her daughter.The Hearing will be held on Monday,December 30,
1968 at 10:30 o'clock A.M.,E.S.T.in the Orphans'Court Room
at the Washington County Court House,Washington,Pennsylvania,
at which time you may be present and be heard.
/s/Sherman H.Siegel
Attorney for Petitioner
Dated:December 3,1968.
Mailed by Certified Mail (Return Receipt Requested)December 4,
1968,to following:
Mrs.Grace Donahoo
Mr.James Earl Miller
Mrs.Alice Zuver
Mrs.Faye Redd
690 Lakeview Drive,Washington,Pa.
1801 E.Maiden St.,washington,Pa.
R.D.#1,Scenery Hill,Penna.
R.D.#4,Washington,Pennsylvania
POST OFFICE DEPARTMENT
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE TO AVOID
PAYMENTOF POSTAGE.$300
POSTMARK OF
DELIVERINGOFFIC~
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.~.....---..--.-.........-.INSTRUCTION •Show name and address below ancompleteinstructionsonotherside,where applicahle.
Moisten gummed ends,attach and hold firmly to back ~RETURN~_of article.Print on front of article RETURN TO•RECEIPT REQUESTED.""1--------------------'----------it NAME OF SENDER
~:SHERMAN H.SIEGEL,ESQUIRE
~'STREET AND NO.OR P.O.BOXi~2l5 Washington Trust Bldg.
II.'POST OFFICE,STATE,AND ZIP CODEEWashington,Penna.15301
INSTRUCTIONS TO OEI:IVERING EMPLOYEE
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(Additi01utl charges requiredfor these services)
RECEIPT
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CERTIFIED NO.
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REGISTERED NO...SIGNATURE OR NAME OF ADDRESSEE (MUSliI/WilYS 6eft/utlill)
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INSTRUCTIONS TO DELIVERING EMPLOYEE
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and date date,andwhere
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In the Court of Common Pleas of
Washington County,Pennsylvania
No.1529 of 1968
Orphans I Court Division
IN RE:
ESTATE OF
EDYTHE V.MILLER,a/k/a
EDITH V.MILLER,
an alleged incompetent.
FINAL DECREE
(Marino,P.J.)
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ORPHAN'S COURT
WASHINGTON,PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
EDYTHE V.MILLER"a /k/a
EDITH V.MILLER~,
an alleged incompetent.
)
)
)
).No.1529 of 1968
)
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)
)
FINAL DECREE
AND NOW"January_a 1969~upon consideration of the annexe
petition and after a hearing held following due notice,it is ORDERED AND
DECREED that
EDYTHE V.MILLER"a/k/a EDITH V.MILLER is adjudged an
incompetent.
Maye Zuver and Faye Redd are appointed Co-Guardians of the
Estate of EDYTHE V.MILLER..a/k/a EDITH V.MILLER~an incompetent.
The said Co~Guardians are directed to file an inventory in
accordance with the provisions of Section 402 of the Incompetents I Estates
Act of 1955,as amended.
The said Co-Guardians shall file bond with sufficient surety in the
sum of <~><$o-zn:2.~
....-'-~('.'--
By the Co r~/I.
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P.J.
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IN THE COURT Of COMMON ~LEAS
OF WASHINGTON COUNTY,~ENNA.
(Orphans I Court Div,.J
NO.1529 of 1968
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,an
incompetent
-I •I-
PETITION.TO VACATE ORDER
APPOINTING GUARDIAN
(Order Within1
ATTORNEY AT LAW
WASHINGTON,PENNSYLVA~IA/
WASHINGTON TRUST BUILDING A
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~~SHERMAN H.SIEGEL
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
(ORPHANS'COURT DIVISION)
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,an
incompetent
.
)
NO.1529 of 1968
PETITION TO VACATE ORDER
APPOINTING GUARDIANS
TO THE HONORABLE JUDGE OF SAID COURT:
The petition of Maye Zuver and Faye Redd,respectfully
represents:
1.That your Honorable Court did by Decree dated
January 17,1969,in the above captioned case,name Maye Zuver
and Faye Redd,your petitioners,as Co-guardians of the Estate of
Edythe V.Miller a/k/a Edith V.Miller,an incompetent.
2.That the said Edythe V.Miller died January 25,
1969.
3.That your petitioners had at no time prior to
the death of Edythe V.Miller taken possession of any property,
real or personal,of the said Edythe V.Miller.
4.That on the 31st day of January,1969,Alice Zuver
and Maye Zuver were appointed administrators of the estate of
Edythe V.Miller a/k/a Edith V.Miller by the Register of Wills
of Washington County and said administrators entered upon the
performance of their duties and have taken control of the assets
of said decedent's estate.
WHEREFORE,petitioners request Your Honorable Court
to discharge them from their app 'ntment as Co-gua
Estate.
of said
.....
1"''..',
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
Personally,appeared before me,the
undersigned authority,MAYE ZUVER and FAYE REDD,who being duly
..
sworn according to law depose and say that the facts set forth
in the annexed petition are true and correct to the best of their
knowledge,information and belief.
Sworn to and subscribed before
me this Jc2..tL day of May,1969.•
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My Ccrr.m.~:::.l ~;.~5 ;..;;:;;.:..rj 21,1971
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
(ORPHANS'COURT DIVISION)
IN RE:
ESTATE OF
EDYTHE V.MILLER a/k/a
EDITH V.MILLER,an
incompetent
NO.1529 of 1968
ORDE"R
AND NOW THISo oat.t..day of May,1969,upon
consideration of the within petition and upon motion of Sherman
H.Siegel,attorney for petitioners,it appearing that Maye Zuver
and Faye Redd,heretofore appointeOd by the Court by Decree dated
January 17,1969,as Co-guardians of the Estate of Edythe V.
Miller a/k/a Edith V.Miller,an incompetent,have not taken
possession of any property of the incompetent and that the
incompetent died January 25,1969,and Letters of Administration
were granted upon her Estate on January 31,1969,the Court
hereby discharges the said Maye Zuver and Faye Redd as Co-guardia s
of said incompetent's estate.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
IN RE:
ESTAT E OF
EDYTHE V.MILLER,a/k/a
EDITH V.MILLER,an
alleged incompetent.
)
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No.1529 of 1968
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN•~!,',,-
BEFORE:
APPEARANCES:
TIME:
THE COURT:
THE HONORABLE P.VINCENT MARINO,
President Judg~of the said Court.
SHERMAN H.SIEGEL,ESQ.,of Washington,
Penna.,representing the Petitioner.
SA MUEL GOLDFARB,ESQ.,of Wa shington,Pa.
representing four children of the alleged incompet~nt.
Monday,December 30,1968,at 10:30 A.M.,
EST.
Mr.Siegel,:ifY.ou wish,you may proceed with
the hearing and call the lay witness and if the doctor appears,we
can interrupt the testimony to take his testimony.
MR.SIEGEL:
MR.GOLDFARB:
All right,Your Honor.
As I understand it,there are five children who
are the sole persons interested in this estate.There is no will or
anything.The alleged incompetent~would be intestate,leaving five
children.The Pe titioner is one of the five children.I represent
the other four children,all of whom are here today.As far as our
position is concerned,we recognize that a guardian is indicated
and necessary because of the mother's condition.There is no
question about that as far as we are concerned.Our position is
solely that as to who the guardian should be.Our position is that
we object to the Petitioner being appointed sole guardian to be
completely in charge of the assets of the mother,because of her
conflicting in other interests.All that we ask is that one of the
other fOur to represent the entire family be appointed together,
co-guardians.My clients are willing for anyone of them,whoever
is suitable to the Court or the Petitioner to be appointed co-guardia
with the Petitioner.Or if the Pditioner doesn't wish to agree to
that,that any two of the others.
2
THE COURT:We understand your position,Mr.Goldfarb.
We will proceed with the hearing.Mr.Siegel,will you acquaint
the Court with what compliance has been had with the Interlocutory
Order of the Court?
MR.SIEGEL:Yes.Your Honor.I have here an Affidavit of
Service showing that the Petition.Citation and notice of hearing
was served on the alleged incompetent on December 5,1968 at
her home;that the same were read to her and that copies of the
papers were left with her.The Affidavit is made by S.C.Solomon
who is a Constable for the Chartiers Township.I also have here,
Your Honor.an Affidavit of Service executed by me in which I
certify that we caused to be mailed to the four children who are
in Court here by certified mail copies of the Petition and notice of
hearing.
3
THE COURT:Were services as indicated made more than 20
days before the time of the hearing?
MR.SIEGEL:Yes.Service was made on December 5 on all of
them.Your Honor,which is mQre than 20 days previoo s to this
hearing.
THE COURT:The Court will order the Affidavit of Service
filed;it complying with the Interlocutory Order of this Court and
with statutory requirements and rules of Court.You may proceed
Mr.Siegel.
MAYE ZUVER IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.SIEGEL:
Q Would you state your name please?
A Maye Zuver.
Q You are the Petitioner in this case?
A Yes.
Q You are the daughter of Edythe V.Miller,who is the alleged
incom petent in this case?
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Yes.
Where do you live,Mrs.Zuver?
In the home of my mother.
What is that address?
Wa shington,R.D.#4.
How long haveyou lived there?
I've been there two months,the .23rd·of December.
Mrs.Zuver,how old is your mother?
71.
How long has she been ill ?
She's been in her present condition since the 18th of August,1963.
Is she bedfast?
Yes.
Is she able to communicate with any person and talk with any perso1.?
No.
Does she have to be cared for like a baby?
Yes,she does.
And you have to feed her?
I have to feed her;I spoon feed her everything,water.
Do you know what precipitated your mother's condition five years
ago?
A It was brought on by a stroke,high blood pressure.
Q Who is the doctor that cares for your mother?
A Dr.Nicholls.
5
And is he a physician here in Washington.Pa.?
Yes.
What was your father's name.Mrs.Zuver?
Josey.Ellwood Miller.
Is he living?
No.
When did he die?
November 7.this year.
Up until the time ofyour father's death.who took care of your mothE r?
My dad.
Did any of the children assist in the care of your mother?
Not to any degree.I mean I helped what I could.I didn't have the
opportunity or the time to help as much as I would have liked to.
Was your dad stricken ill before his death?
Two weeks before he died.
Was he taken to the hos pital ?
He was taken to the hos pital on the 23rd of October.
Who took care of your mother from the time that your dad was
stricken ill?
I went from the hospi tal to my mother's home and lIve been there
ever since.
Q That is you say approximately two months.
A Yes.
Q Can you tell the Court what lproperty or estate that your mother ow 1.s?
6
Yes.
Where is it located?
She owns a farm of 152 acres.
mate value of the household furniture?
joint name with your father?Was it in,
It was in joint name with dad.She has ten War Bonds.Series "E"
And the cattle and farm'machinery and equipment?
Did your mother have any cash or bank accounts of any kind?
Approximately $5,000.
Does she have any personal property?
I'd say approximately $500.
,
Yes.
Now is that the only real estate that your mother owns?
Now the household furniture,do you have any idea as to the approxi
She has a savings account of $7500.
She has her household furniture and what livestock is on the farm
and what machinery.
Do you have an idea as to the value of this farm?
lId roughly say $20,000,$25.000.
Was it in joint name with your father?
Amwell Township.
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Q Ten Series "E"Bonds?'
A Yes.
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Of $25.00 face value?
Yes.
So they are worth at least $250.
Yes.
Is that approximately the entire estate of your mother so far as
you know?
As far as I know.
Mrs.Zuver,do you have any brothers and sisters?
I have three sisters and one brother.
Would you name them?
Grace,Earl,Alice and Faye.
What is Grace's last name?
Donahoo.
Where does she live?
690 Lakeview Drive.
And what is James I last name?
Miller.
.Where does he live?
1801 E.Maiden Street.
And Alice's last name?
Zuver.
Where does she live?
R.D.#1,Scenery Hill.
Faye's last name?
7
Redd.
Where does she live?
H.D.#4.
Are all of these sisters and your brother adult persons of 21 years
or more?
Yes.
Has any Petition ever been filed in any other Court with res pect to
the competency of your mother?
Not that I know of.
Does your mother have a guardian appointed at the present time?
No.
Did your father leave a will,Mrs.Zuver?
Yes.
In his will,did he make any reference to your mother for anybody
to take care of her?
Me named me trustee to take care of my mother.
If Your Honor please,I would like to offer at this time in evidence
the will of Josey E.Miller,wherein by his codicil,which was
written on October 23,1968,which was approximately two weeks
before his death,he appointed Mae Zuver as trustee of any propert
devised to his wife to collect the income therefrom and to use the
income as well as the principal for the necessary maintenance,
welfare,comfort and support of his wife,Edythe V.Miller.It
so happens,Your Honor,that the entire estate substantially was
8
9
in joint names so that therefore this designation of trustee failed
for the reason that there was no corpus to pass to the trustee.But
we think it is relevant to show the wishes of the incompetent's
husband with respect to the faith which he placed in the petitioner
here.-.:I,
THE COURT:Do you have a remark,Mr.Goldfarb?
MR.GOLDFARB:Yes,Your Honor.We feel this will raise unneces ary
collateral issues with respect to the circumstances of this codicil
a couple weeks before the man died.It's involved with the original
will,which,incidentally,appoints one of the other daughters as
sole trustee of the management of the estate.It gets involved with
the circumstances in actually the possible contest of the validity
of the so-called codocil and the circumstances under which it was
done and collateral issues two weeks before the man died;the
codicil being in long-hand and done probably at hos pital side or
bedside,we don't feel it is relevant or competent to the issue of
what the wife had.We are not involved with the estate of the
testator here,and-we feel that it will get us into collateral issues
here that could involve us indefinitely.
THE COURT:The Court feels that the matter is not pertinent
to the issues here involved and we will refuse the motion.Excepti n
noted.
(Continued e:Ramination by Mr.Siegel):
Q Mrs.Zuver,do you have any preference as to who should remain
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as guardian of your mother's estate?
I feel that since I've been taking sole care of her,that I should be.
Have any of the other children assisted you in caring for your mothE r
since your dad was stricken with his illness?
No.
And do I understand tlR t you have moved into your mother's home.
and are right on the premis es taking care of her?
Yes,I am.
Do you work,Mrs.Zuver?
Yes.
Where are you employed?
I work for the County Chapter of Retarded Children as a busdriver
and a pre-school aid.
What kind of education do you have,Mrs.Zuver?
High school.
Where did you graduate?
Trinity.
What year?
1948.
How old areyou?
39.
Your husband is living at home with you?
Yes.
Do you have any children?
10
A I have four.
Q What are their ages?
A Their birthdays are all this winter,and they will be 16,14,13 and
11.
Q Do they assist you with the care of your mother?
A Yes.
Q Your mother is pretty heavy,is she not?
A Yes.
Q Do you have ;difficulty in moving her around in her bed?
A Yes,I have to have help to turn her or prop her up in bed,l'ift her
up.
Q Do you have that help within your <Dwn family?
A My oldest daughter helps me and my husband helps me.
Q You may cross examine.
CROSS EXAMINATION BY MR.GOLDFARB:
Q Mrs.Zuver,you moved into your mother's pro[:erty when?
A 23rd of October.
Q And you;moved in with your husband and your children?
A Yes.
Q Four children?
A Yes.
Q And your husband,of course,is employed?
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Who takes care of your mother?
I have hired a lady to come and stay with her the hours that I work.
And who has been taking care of the farm?
My husband has been taking care of the cattle,the livestock and
what's there.
What income is there from the farm operation?
There's none at the present time.It's only when we sell cattle
in the fall and w hat hay we sell.
In otherwords.there is just some beef cattle there.
There's some beef cattle.
And if you have some hay ready,it can be sold.
It can be sold .
Did you not express your intention for you and your husband to brin
in your own cattle and operate there too for yourselves?
I have said that,taking care of my mother that I couldn't see where
it would hurt to have four or five head of my own.But I see now
that it can't be done.
Why do you say that now?
It wouldn't be right to because this is mother's estate and I'm taking
care of her.
12
Q What do you expect would be done with the proceeds of anything
that belonged to your mother?
A Anything that belonged to my mother is to go for her care,her
medicine,the powder and things that she needs and her electric,
telephone,doctor bills,oil and things for heat.
Q What had you contemplated with respect toyou and your husband
and four children moving into the place and making your home there
with respect to your financial position and your obligations or
what you expect?
A I buy all the groceries.I have agreed to pay $10.00 on the electric
and $20.00 on the oil.
Q Who do you agree that with?
A I had agreed with the children to this the night the will was read.
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Q Isn't it true that the big source of contention;thatyou and the others
haven't been able to agree and work this thing out amicably?
Hasn't there been frictions between you and the others?
A Yes.
Q And in fapt,haven't you even told them,especially your brother,that
you expect to be in full charge of everything and that they are not
even going to be per.mitted to see your mother without a Court orde ?
A No,I did not.
Q You deny saying that to your brother Earl?
A Yes,I do.
Q Isn't it true up until a month or two before your father died it was
primarily the others in the family,especially Faye,who was there
with their families looking after your mother?
13
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A No,it's not.
Q And that you deny that you are insis ting on taking full charge of ever -
thing and handling your mother's affairs and her money without
respect to what your brother and sisters wishes or desires are?
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I don't understand the question.
Isn't it true that you said that you are going to be the sole boss,
you are going to handle everything of your m other's and they will
have nothing to do with it and you are going to be the sole boss and
you don't care what they say?
It's not true.
It isn't ?
No.
Then why is it tha t you refuse to get together with them and work
out amicably where your mother will be,what will be done with
the livestock,what will be done with the machinery and equipment,
whether it's advisable to continue and run a farm there and involve
the expense that is involved with your mother,a permanent incapac~-
tated person and you living there with your family and wanting to
run it as a farm for yourself too?
A I don't want to run it as a farm for myself.I want it only for
my mother's int erests and I want to be able to take care of her.
Q How do you expect to separate your mother's money that you are
going to handle or thatyou sell a steer or a beef or a cow or some-
thing,how are you going to separate that from your monies and
15
how are you going to separate it between the utilities and the suppor
of your mother and what you and your husband and children get out
of this and what your mother will get out of this?
I have my income;I have my husband's income;and anything that
is sold from the farm will be put in mom's bank account and will be
used for her alone.
Have you been approached several times by the rest of the family
and through their attorney and your attorney that under the circum-
stances with you being there alone and the attitude that you have
towards them,they agreed that you and one of the others together
have charge of your mother's monies and her affairs so that it
won't get mixed up in your own personal interests,wanting to live
there with your family?What objection do you have to that,Mrs.Z Iver?
I have the objections because I want them to help me with mother,
which they refused to do.
Isn't it true that you won't let them near your mother?
Itls not true;they can come to my mother's house anytime they
want to.
Isn't it true that they had the complete burden up until the past
couple of months;?
No,it's not.
Isn't it true that both you nor your husband have no experience
of any kinct in.cdnnection with running a farm?
A I have.I was raised on a farm.I have as much experience and
as much knowledge as anyone else.
Q Do you know as much as your brother Earl?
A I have as much experience and as much knowledge as he does.
Q Therefore.you want sole charge of everything your mother has and
to do with it as you please how you think best for her interests.
is that the idea?
A I want to be able to take care of her and I feel that the one that does
take care of her and meets all the needs and demands that she is
on anybody should be able to do this.
Q You want to continue to run and operate the farm for your mother?
A Yes.
Q Over the objections of the children?you la.ve been told that they
don't think that is an advisable thing to do.
16
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They want to run the farm or have told me they would like to keep
the farm and run it.
.t1aven't they told you it would be advisable to liquidate the livestock
and machinery and equipment,that it is a losing thing to try to
run the farm where the sole income can be selling off some steers
once in a while and the expense involved with operating and main-
taining that certainly doesn't pay and can't pay?
A They have mentioned the fact that they think it's advisable to
liquidate everythiqg.But it has been in the past,I can show you
the figures and everything that it has operated in the black and not
in the red.and dad has not dipped into his savings account or
checking account to run the farm.
Q In other words,you think you could run it profitably and make monE y
out of it for your mother.
A I can make enough on it to meet her needs for a year's expenses.
17
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You can keep all that separate yourself and not intermingle it
with your own affairs and with your own interests and what you will
use and what your mother will use and what will be done with every
thing?
Yes,I can.
What objection do you have to one of your sisters or brother,who
have just as much interest in this as you,and the four of them
together,four times as much interest,to jointly be in control of
your mother's assets and affairs so that they are satisfied also
that every penny that qelongs to your mother is used for her and for
no one else?
I have no objections to them in the assets or anything to mother.
It's just that I want the need to help to take care for mother.
We are not talking about that.Everyone is interested in taking
care of your mother.We are talking about who is going to have the
legal charge of everything that your mother owns and what is to
be done with it and handling any income if any,and the proceeds
of what is done with everything and what is to be done with everythi g.
A 1 It will be put in a bank account.I can show you,I keep a book up,
I can show you everything that~s G pent.
18
Q Why is it you tell them you will be in sole charge and if they want
to know anything they will have to get a Court order?
A I have not told them this.
Q You haven't?
A No,I have not.
Q What is your objection today if you expect to do this in such a
straight-forward and correct manner and not to mingle it with your
own interests,as far as you and your husband and four children ar e
concerned living there and making your home there?What objectio 1
do you have if one of your sisters or brother jointly with you contro s
what belongs to your mother?
A I have no objection to this point;only that I don't see how two of
us can get along.
Q Isn't that the trouble,thatyou refuse to get along with anyone
of them?
A No.I don't refuse to get along with anyone of them.
Q H.a.ven't you been told that they are even willing for you to have your
choice of anyone of the four of them to be with you?
A I was not told this until today.
Q Are you now willing,under the circumstances.if otherwise satisfa tory,
to be a co-guardian of the assets of your mother,along with one
of your sisters or brother,preferably Faye Redd?
A I am willing,but she has a sole interest for her own gains.
Q What is it?
A Her sole interest is for her own interests..the hay and grains and
crops that s he would get for her own farm.
Q We are tal king about you and she togetre r;not she alone or you
alone having the say over what is done with your mother's assets.
We are talking about jointly,both of you working out together as
sisters for your mother's common interest to do what is best for
your mother and for no one else alone.Not for you alone or your
family or not for Faye alone or her family or anybody else alone.
19
MR.SIEGEL:If Your Honor please,we feel that counsel should
refrain from mak fng-speeches.here.He should confine himself
to questions to the witness.
THE COURT:It is true that the questions to the witness should
be of a brief nature so that they will be easily responded to.
Q Are you willing to work as co-guardian with joint authority with one
of your sisters or brother?
A Yes,if it can be worked out.
Q All right.That's all that's being asked.Do you understand that if
you and one of your sisters or brother is appointed with you,the
two of you together make amicable arOrangements for the best care
of your mother;and I am indicating it doesn't necessarily mean
that you have to move out,you or your family.It also doesn't
necessarily mean that it may end up that it;may be best for your
mother to be in a home or somewhere else.01 am merely stating
that you and one ofyour sisters together will be in charge;not you
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alone or anyone els e alone.
A I don't feel that a home would give her the care that I have given her.
Which sometimes it takes a period of 45 minutes to an hour to feed I er.
I don't feel she will get this pe rsonal need in a home.
Q Mrs.Zuver.I am not laboring thatpoint.You may be correct.
I am jy.st---maybe I shouldn't speculate in the future.1 am just
saying that the matter has to be open and flexible as to what is best
as time goes on.
A That's right.
Q Okay.Do you have any obj ection to working together with your sist r
Faye Redd?
A I have no objections.as long as I am not backed to the wall and
backed to the corner and she can ride over me.
Q We are talking about you and her together.
A I am talking of her and I together.
Q Okay.that is fair enough.That's all.
REDIRECT EXAMINATION BY MR.SIEGEL:
Q Mrs.Zuver.with respect to acting as co-guardian with one of
the other children.and Faye.for example.as -Mr.Goldfarb
suggested.do I understand that your,concern is that Faye won't
act on her own behalf but that she and the other two children
will gang up on you and attempt to impose their will on you as a
group?
20
A This is my concern.And I have been told that I was to take care
of mother.She is to take care of the farm.I am to stay in the
house;she has the outside.Which,if co-guardians,I think the
burden should be shared between us.
21
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This is exactly what the Court.if the Court would appoint both
of you as guardians,I am sure the Court would inform both of you
that this is your duty;that it is up to the two of you and nobody els e 0
operate this.
Because mom is a burden.She is a charge on everyone.She
uses five sheets a day.which makes 35 sheets a week that's washed.
I wash twice a week.The laundry is tremendous.And she cannot
help herself.She has nothing and it's an awful burden on anyone.
Do you agree then that if the Court would consider you and Faye
as co-guardians that you would work with Faye,if Faye understand ,
that she and you alone are the ones to make the decisions with
respect to your mother and her estate?
Yes.I mean I can't see them ganging up on me.
I have no further questions,Your Honor.
EXAMINA TION BY THE COURT:
Q Mrs.Zuver,you named your brother and sisters.For the record
do you have any deceased brothers or sisters?
A No.
Q Was your mother,as far as you know,married only once,that is
her marriage to your father,Mr.Miller?
A Once.They were married 52 years.
Q And as far as you know,was your father married only once?
A Once.
Q As far as you know,has your mother ever been a member of the
Armed Forces of the United States of America?
A No.
Q You testified that you have hired a lady to stay with your mother
when you are.at work.What hours would she be staying with your
mother?
A She comes at 8:00 o'clock and leaves at 3:30.
Q And by that time areyou at horne?
A I'm not horne.My children arrive horne from school at 3:30,and
22
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it's 20 minutes to four,the next day 10 after'four.I go horne at
noon and feed her everyday on my lunch hour.
Does your husband have regular employment?
Yes.
Where does he work?
Mc Clelland Motors.
What does he do there?
He's a bodyman.
That is work on automobile bodies?
A Yes.
Q And what are his usual hours of employment?
A He works from 8:30 in the morning until 5:30.He comes home
for supper and goes back about seven and works until 10:30,11:00
o'clock at night.
23
REDIRECT EXAMINATION BY MR.SIEGEL:
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With respect to the lady that you hire to stay with your mother,
how much do you pay her?
$5.00 a day.
Is s he an elderly lady?
51.
The Court has no further questions.
Mrs.Zuver.I forgot to ask you,is your mother receiving Social
Security benefits?
Yes.
Do you know the amount that she receives?
I received a letter from the Social Security;it states $69.00 a mont 11·
Now I don't know whether this is before Medicare is taken out or net.
Q $69.00 a month,and that $4.00 might be deducted from that for
Medicare.
A She has got one check for $65.00
Q Does your mother have any other income or property other than
what you have testified to before?
A Not that I know of.
Q All right.This check to your m other,does it come payable to her
from Social Security?
A It comes payable in her name.
Q You may step down.
24
MR.SIEGEL:If Your Honor please,,eur secretary,your clerk
Ros e called for Dr.Nicholls and his girl said that she reached Dr.
Nicholls at the hospital,that the doctor said that he is very busy
there and will get here as soon as he can get away from the hospital
THE COURT:
MH.GOLDFARB:
Very well.
If it please the Court,with permission of the COll·t
and consent of counsel for the petitioner,for the benefit of the
record and the Court,we'd like to have Faye Redd take the stand
for questioning.
THE COURT:You may call her now and we can interrupt her
if Dr.Nicholls should come.
FAYE REDD IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.GOLDFARB:
Q What is your name?
A Faye M.Redd.
Q You are the youngest of the five children of your mother?
A Yes.
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How old are you?
38.
Maye is 39.You're next tober~
Yes.
You are the baby of the family.
Yes.
What is your husband's name?
John Redd.
How far from your mother's farm do you live?
Seven tenths of a mile.
Do you have any occupation other than running the house?
I run our own farm,do all the work that's done on the farm,cattle,
crops and all.
What is your hlB band's occupation?
He's a supervisor in Amwell Township.
Does he also operate the farm with you?
He also,when he gets off work,he helps in the farm and in the
mornings before he goes to work.
Incidentally,up until shortly before your father's death,who had
been looking after and helping out your father for your mother and
all that generally,other than whatyour father did hims elf for your
mother?
25
A I myself had,on up until this last spring when I disagreed by them
wanting to put in a crop that,by them is my brother and my brother-
26
in-law v..anted to put in a crop to make extra for dad and I couldnIt
see me putting in a crop too and running the competition between them.
Q As far as looking after your mother in her condition,who all was
interes ted and who all helped?
A I believe all of us helped in different ways.I believe I was called
0(on mostly and can say that I did.z0(~~Q Becaus e you were right next door?
zzIII
0.A I was next door.
zol-~Q Yes.Now since your father's death,on November 7,has there beer
:rUI0(::any difficulty or any strain or anything between you and your sister::
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and brother as far as taking care of your mother and the affairs
there on the farm?
No.I can't say that there's been any friction between us.There's
been a little disagreement because Mae has moved in,wants to
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lI:~take all over everything.But other than that,I don't believe so.
oCL~Q Now you are familiar,of COlr se,with all of your father's and
l-ll:
::J8 mother's affairs and what they have had there and what your mothel
.J0(oii:has now and all that?
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A That's right.As to the amount of his money,this I know approxim tely
about this,but other than that,I don't keep that close tabs on it.
Q Do you understand we are here today to appoint a guardian or
guardians to look after the affairs and assets of your mother?
A I do.
Q And do you understand that Mae has'filed this Petition and has requ :>sted
27
in the Petition for her to be appointed alone?
A I do.
Q Now just generally,have you discussed in great detail this matter
with your other two sisters and your brother who are here today?
A Yes,I have.
Q And :can you tell us what is generally the feeling of you and your oth r
two sisters and brother with respect to who should be guardian or
guardians and in charge of your rna ther's affairs?
A They think that there should be two of us taking care of mom and
her affairs and her benefits,I suppose.And this is the main thing.
Any two,they w ill agree to Mae and myself or anyone of us other
two or her and anyone of the other ones.
Q Haveyou had any reason to believe that Mae didn't want anyone of
you or wanted to do this herself?
A Have I had?
Q Haveyou had any reason or indication from her that she wanted
to act alone without any of you others?
A She just out said bluntly that she would not have a co-guardian or
have a guardian with any of the other ones,that she might accept mt:>.
Q If it's satisfactory with the Court,are you willing to and doyou belit:>ve
that y;)u can get along with Mae as a co-guardian?
A I believe that we could.We have had our ups and downs at times
but we always came back together.
L,------tt--------------:-----...:...---------__~--
-----------;-------------,....---------------------_.
28
Q You and Mae?
A Mae and 1.
Q Do you understand what is involved if you and Mae are co-guardians
of your m other's assets?What do you understand that to mean?
A I believe that she and I has to come to an agreement of what is
to say that.
family are concerned?
As myself and my family.has nothing in it.Well,I don't know how
~best for mom,of selling of anything to bring in money for mom'sz~...~"benefit and mom's benefit alone.·As to for any benefit of ours,I
zZIII
Do don't believe that she or I should see this.
ioI-~Q Well,yes,let's explore that a little further.What do you understan~
J:UI~~it means as far as you personally are concerned or you or your
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Do you expect to get anything out of it,you or your husband or your
children or family or anything?
No,I can't see that.
Now you feel that you are competent and know sufficient about a
farm and your mother's farm and the op~ration and what is done
to intelligently work with your sister with respect to whether it
should continue or not continue or what is the best thing economical y
to do?
A I believe I understand it maybe~the farming part of it a little better
than she does from past experience of my own.
Q But you also understand that the primary concern is your mother's
29
welfare.
A Mother's welfare alone.
MR.SIEGEL:If Your Honor please,I see Dr.Nicholls has now
come in.Could we excuse the witness and put the doctor on the sta d?
THE COURT:Yes.The witness will be excused temporarily.
You may call Dr.Nicholls.
DR.S.GLENNE NICHOLLS IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.SIEGEL:
Q Would you state your name please?
A S.Glenne Nicholls.
Q What is your profession?
A Physician.
Q Do you have your offices located in the City of Wcs hington?
A 9 East Beau Street.
Q How long haveyou practiced in Washington,Doctor?
A 18 years.
Q Do you have a patient know n as Edythe V.Miller ?
A Yes.
Q Does she live in Amwell Township,R.D.4,Washington,Pa.?
A Yes.
Q How long haveyou treated her,doctor?
A I think about six years.
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Would you describe her conditi.on to the Court?
At the present time?
Yes.
Non-medical terms,she is probably what some people would refer
to as a vegetable.She is a complete bed patient.I haven't seen he
for a long time.I think she swallows when she is fed;I think she is
probably completely incompetent of her bowel and urinary functions
I don't think she's ever been out of bed since she became ill in,
I think it was 1963.
What caused this condition,doctor,in 1963?
3.0
A She had a cerebral accident.
Q Wha t is the prognosis as far as her future -is ?
A There's no prognosis.She's an invalid.
Q What is her life expectancy?
A Well,I thought when she had her stroke her life expectancy
was nil then,but she's lived.I don't know what her life expectancy
is.I don't know how she's lived this long.Care.
Q Doctor,is it possible for this lady to have been brought into Court
tOday?
A No,sir.
Q And in her condition,is she liable to become the victim of som e
designing person who might want to deprive her of her property?
A I don't think she is responsible for any kind of actions.
Q Is she able to manage her property?
A No.
31
Q In your opinion,do you think that somebody should be appointed as
guardian to take charge of her assets?
A I don't think she can take care of it herself.
Q Do you have any!,Gjuestions,Mr.Goldfarb?
THE COURT:
MR.GOLDFARB:
Mr.Goldfarb,do you have anyquestions?
No.
EXAMINA TION BY THE COURT:
Q Dr.Nicholls,I understand that Mrs.Miller is about 71 years of ag
A I'll have to look.I can't tell you,Judge.I couldn't swear to her
age.When her husband was 73 she was a few years younger,I'm n t
sure.
Q Since you treated her,has she become progressively worse?
A Well,I don't know that she's any worse now than she was four yearE
ago.
Q But at the same time you would hold out no hope of recovery?
A None.
Q It is definitely a terminal cas e.
A It's a terminal case.It will never change now.
Q It's just a question of how long she might remain alive.
A She might live awhile;she's lived five years.
Q You feel that she is receiving proper care and treatment at the
present time?
32
A Her husband took care of her mostly from the time I've known her.
I don't know what the situation is right at the moment.
Q Her husband died,we are informed,about November 7.
A Yes.
Q Since that time,has Mrs.Miller been at her home?
A I don't know;I've never seen her.
Q Where was she when you treated her?
A At her home.
Q And the last time you saw her,she was at her home?
A I think I may have looked at her the day I saw her husband at home.
Q I have no further questions.You are excused,doctor.
(witness excused).
FAYE REDD RESUMES THE STAND.
CONTINUED EXAMINATION BY MR.GOLDFARB:
Q Mrs.Redd,if you and your sister are co-guardians,do you anticip lte
that you and she can agree at least under the present situation and
circumstances that if your sister wishes to live there with her
family,that arrangements can be worked out,so long as proper
care and arrangements are made for your m otlE r am her affairs
are kept separately from your sister and family's individual affairs~
A I believe so.I don't have no objections of any sort this way of her
staying there.It's fine.Because I think the two of us can agree.
We will get along.
Q Do you wish to ask any questions ?
CROSS EXAMINATION BY MR.SIEGEL:
Mrs.Redd,what education did you have?
I completed eight years of school.
Eighth grade ?
Yes.
Do you have any children?
Four.
How old are they?
The oldest one is 19 and 17,15 and 12.
I believe you testified that you live close to your dad's farm and
that you used to help him in the operation of the farm.
I did.Even up until the fall work.I picked his corn this fall.
I believe you put up the hay on shares with your dad?
I did.
And you put in some grain for your dad on the shares too.
I did.
From the operation of this farm,was your dad able to obtain enoug
income to support him and his wife?
A He did by my helping him.
Q And do you think that if the farm is operated under the same arran~e-
ment that enough income could be generated to take care of mother
33
•
without dipping into any principal of hers?
A I think so.As long as someone has a little sayso how it's to go and
if we can keep it among the family without no hired help.
Q i believe that Mae has stated that her dad's wishes were that mother
be maintained in their home up where she is now.Do you have any
34
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great difference of opinion on that point?
No,not as to her being taken into a home;he had said before that
he knew his own self that he would rather for her to be kept in the
home if she could,but he knew himself that I would be the only one
that would take mom into the home.
You would be the only one?
That's what he said.
I'm asking you whether you would have any quarrel with Mae over
keeping your mother in her present home where she is now?
No.
Do you think you would have any differences with Mae with respect
to your continuing to put up the hay and doing whatever else is
necessary to generate income from the farm?
I don't think so.We can manage it as we have been.I have said,
I've told you,I believe that I would like to have took and put up the
hay as two thirds of it for myself instead of the third to save me le s
work for myself,but to continue with my machinery with help to pl t
up the remaining of the hay.
Q Is this the customary division between a farmer and the person
35
that puts up the hay?
A Anyplace 0 ver the country I believe you can ask anyone if this is not
right.That they get two thirds of the hay and the one that owns the
hay gets one third.
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And this is where the one that is working the hay uses her own mac inery.
I us ed my own machinery.
Does the machinery that is on the farm.is it useable?
Outside of the tractor.And he did repair the bailer.As to know
whether the bailer works or not.no one knows this until they take
it out.
Do you think that you and Mae could resolve these problems about I'
the operation of the farm and that you could make the decision you self
and you would expect Mae to make the decision herself and not be
influenced by other members of the family?
!1i~A I believe we could if we tried it.
a:oa..~Q I have no further questions.
I-a:::>8 MR.GOLDFARB:Your Honor.we also have here the other three
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~children who are prepared to testify and be questioned in any mann r
II.o
as counselor the Court see fit.Their testimony would be practica ly
identical of what has already transpired and would add nothing furth r.
And unless Mr.Siegel or the Court feels that there is any doubt
or question about what should be done that we need to have them be
called and testify.
THE COURT:The Court has no desire to have them testify.
knowing that the situation would remain the same and that they woul
testify in accordance with the last witness's statements.We note t t
they a re in Court.I believe that is sufficient.unless Mr.Siegel
wants to call on them.
36
MR.SIEGEL:
Your Honor.
THE COURT:
MR.SIEGEL:
MR.GOLDFARB:
THE COURT:
No.I have no desire to call any further witnesses
Any other testimony.gentlemen?
I have none.Your Honor.
No.
All right.We will conclude our hearing.
(Proceedings Closed).
I hereby certify that the proceedings and evidence are contained
fully and accurately in the notes taken by me on the hearing of the above
cause~and that this copy is a correct transcript of the same.
The foregoing record of the procee i gs upon the hearing of the
above cause is hereby approved and directed to be filed.'\
By the ~~tl
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I N D E X