HomeMy WebLinkAboutOC1969-0085 - ESTATE OF REYNOLDSI
I
I
I' ,I
II
I
·'' .. . , ..
I .
GEORr;E [), STI:.Cr:?I(,A
ArfCJIINCY AT l.J.VI
Vi/dfHIHCYCHL 'PA.
J
LAST WILL AND TESTAMENT
I, CHARLES RE.ED REYNOLDS, of Amity R.D.#11
Washington County, Pennsylvania, being. of sound and disposing mind, memory
and understanding, do make, publish and declare this Will to be my Last
Will and Testament, hereby revoking and making null and void any and all
former wills, codicils, or writings in the nature thereof, heretofore by me
made.
. FIRST: I direct that all my just debts and funeral
expenses be fully paid as soon as conveniently may be after my decease.
SECOND: I hereby bequeath, devise and give all
of my estate, both real and personal and wheresoever situate, to Don R.
Blake of Amity R. D. # i, Pennsylvania. Should Don. R. Blake predecease
"'"'
me, then in that event it is my ·desire that all of my estate, both real and
p~rsonal, shall then go to his wife, Emma Blake.
THIRD: I do hereby nominate, constitute and
appoint DON R. BLAKE to be the Executor of this, my Last Will and Testa-
mcnt, and further direct that no bond shall be required of him.
IN ·TESTIMONY WHEREOF, I, CHARLES REED
REYNOLDS, have.hereunto set my hand and seal this~ day of January,
1967.
SIGNEDJ SEALEDJ PUBLISHED and DECLARED by the said CHARLES
J
r
·'
i
.I
I
I
.I
)
li
I I lj
·' ..
GECRGE El. STEGCNI:.A
! A-:'T?IHIE:Y AT LAW
'/1/.!liifP,O:.TVN TRUGl' I3Lr-,..:.";
WASHIHCTON, PA,
. -'
•-;
.-. _, n• ,_ •
-' .
REED REYNOLDS to be his Last Will and Testament in the presence of us
who have hereunto subscribed our names at his request as witnesses thereto,
in the presence of the said Testator and of each other.
Address: ;_ /i) -/(..__;
I
Page 2.
·')
~--/ ~};:; '-~
\
'.
..
,. -rj :E --J
:::.0 c::;l
)> rn :;:;J ..._...,
(/') 0 c:: ;;:.::.. r-:r: -(/) -o
(n (/) :::0 z -i P'l I"'"'M
0 m ' li 4 ,.~-
-1 :;:r.:; r---I
C) 0 OJ z ·1"! ::;.: ::.~ ...
0 :12 ):--#_ ..........
0 ;::J
r :;;?"_: IJ r 0 )> (f)
co
/
IN RE:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
)
:
THE ESTATE OF C. R. REYNOLDS, )
a/k/a CHARLES REED REYNOLDS,
)
Deceased.
PETITION FOR APPEAL FROM DECREE
OF REGISTER OF WILLS
TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
The Petition of ROBERT BLAKE respectfully re?resents:
-1-
That your petitioner is Robert Blake and he resides in Washington
County, Pennsylvania.
-2-
On January 11, 1969, C. R. Reynolds, a/k/a Charles Reed Reynolds,
herein called the decedent, died at the Washington Hospital, Washington,
Washington County, Pennsylvania.
-3-
That at the time of his death, the said decedent was residing
with Mr. and Mrs. Donald Blake in Washington County, Pe~nsylvania.
·.
-4-
That on January 22, 1969, a writing dated January 12, 1967,
alleged to be the last Will of the decedent was admitted to probate as such
last Will by the Register of Wills of Washington County, Pennsylvania, and
letters testamentary were granted thereon to Emma Blake. A copy of the
alleged Will is attached hereto as Exhibit "A".
-5-
The party in interest under the alleged Will is Emrra Blake,
R. D. # 1, Am~ty, Pennsylvania; relationship --none.
-6-
That the decedent had a prior Will which wa~ executed in the
State of Idaho on the 2nd day of September, 1953, a copy of which is attached
hereto and marked Exhibit ''B" and your petitioner is one of the parties in
interest to said alleged prior Will.
-7-
The writing admitted to probate as the Will of the decedent was
not the last Will of the decedent and the said Will is invalid for the reason
that the signature appearing thereon is not the signature of the decedent,
for at the time of the execution of said Will and for some time prior thereto,
the decedent had been unable to write or sign his name end was not in the
habit or custom of signing his name as Charles Reed Reynolds.
-8-
The said Will is invalid for the additional reason that at the
time of execution of said Will and for some time both prior thereto and
subsequent thereto the decedent was not of sufficient testamentary capacity
to execute a Will.
-9-
The said writing admitted to probate is invalid and void for the
reason that it was the product of undue influence exerted upon the decedent
by the said Emma Blake or Don R. Blake.
-10-
That the decedent had been a resident of the State of Idaho for
many years prior to October 18, 1966, when his wife, Pearl Reynolds, died.
At the time of his wife's death, Emma Blake and Don R. B1ake took Mr. Reynolds
out of a nursing home, at a time when he was incompetent and brought the
decedent to the Commonwealth of Pennsylvania.
-11-
· The written consents of all the parties of interest named in the
prior will are attached hereto"as Exhibit "C".
-12-
The petitioner requests your Honorable Court pursuant to s 208
of the Register of Wills Act of June 28, 1951, P. L. 638, 20 P. S. ~ 1840.208
to award a citation directed to Emma Blake to show cause why the appeal of
the petitioner should not be sustained and the decree of the Register set
aside and an issue directed to try before a jury the following issues:
(a) Whether the decedent actually signed the
purported Will;
(b) Whether the signature of the decedent on
the said Will is a forgery;
(c) Whether the decedent had sufficient testamentary
capacity to execute the said Will;
(d) Whether the Will was the product of undue
influence.
COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF WASHINGTON )
Personally appeared before me, the undersigned authority,
ROBERT BLAKE, who, being duly sworn according to law, deposes and says that
the facts set forth in the foreg~ing Peti tic(!)n . for Appeal from Decree of
Register of Wills are true and correct to the best of his knowledge, informatio
and belief.
Sworn to and subscribed
CJ.?jl)..-before me this ~ day
of ~ , 1969.
.. . ,.!·~
.............. ~:~ ...
. ' ~ . ; .. .... ._ ' .. . . . . .~
•'
I' LAST WILL AND TESTAMENT _________________ .,..... ___________ _
I, CHARLES REED REYNOLDS, of Amity R.D •. #l,
' ·Washington County, Pennsylvania, being. of sound and disposing mind., mempry
and understanding, do. make, publish and declare this Will to be my Last
Will and Testament, he?:""eby revoking and making null and void any and all
.. former wills, codicils, or writings in the ·nature thereof, heretofore by me
made~·
FIRST: I direct that all my just debts and funeral
I' . expenses be fully paid as soon as conveniently may be after my decease.
. . SECOND: --------I hereby bequeath, devise and give all
of my estate, both real and personal and wheresoever situate, to Don R.
, Blake of Amity R. D. # 1, Pennsylvania. Should Don. R. Blake predecease
:~r·,,,,,f rl. S'Ti::GENGA ..
• •· '''" 'r 4T l.AW
' t •. ~~ ·•t. rnlJ~1' BLDQ. ~ .
• ... •• , .• t ~-.... ~ ••
'•
me, then in that event it is my desire that all of my estate, both real and
personal, shall then go to his wife, Emma Blake.
THIRD: I do hereby nominate, constitute and
appoint DON R. BLAKE to be the Executor of this, my Last Will and Testa;-
ment, and further direct that no bond shall be req1,1ired of hirn.
-.... _. __ . ~.,:--..:;
I r-1 TEST I M 0 NY WHERE 0 F, ·r, · CHARLES REED
REYNOLDS, have hereunto sefmy hand ahd seal this ...Jk.-day of January:,-
1967.
SIGNED, SEALED, PUBLISHED and DECLARED by the said CHARLES
''
•' ,•
,
....
'
.·· ••'······~· ... ~· ........ : .... -....... .._ .. .
. ,
~ .l
:.
. ' .. I
'
REED REYNOLDS to be his Last Will and Testament in the presence of us
. who have hereunto subscribed our names at his request as witnesses thereto,
" in the presence of. the said Testator and of each ·other.·
A ddress:_~c~·/_.,!...;:.1_~-~p=""l_''___,~--/--~-----
• ' '•
,,
'·
E B. STEGENGA .
IRNE:Y AT LAW
>TON TRUST DLDG
I11NCTON, PA,
' ...
'.
.......
···.' Page 2. ,-,.
. '
··,
' . !
L'
. . ~
I r.
'
I ,:.:·
I
I·
I I
!
. .
\
l·
' 'I
I I
' .•
ad -fttrstamtm
rd
..
,.~;;~ :~~:--' .
• ~ .. ~·-"',_'f.l•,t,... , •
>,!''"-::~ .... ~~ ·~ .
·.• ..... ...,.{ ...
,., .. ,
.. ~.> ·.: -~~~~-~-· 9-Ue. Petirl W. Reynclds, and myself. b&v!DS lea :te~
J.; .· .. : : •. :,. '· . • " , .. ,·.~ou aarrted life.
lii.
I' o,' ~~,.,, •.,I
·' -~~::;··:. thereby direct tbi.t the executor, or the executrix., bere~r ar=.med,.
.. : ~ball u SOQil after my demtse u is practical ilh.all pay a.ll4 otad&tu·~ all
rrq Jw.U de~, BAd fwleral expenses.
. ..
IV •
U:.fAY wife, fco'!-rl !.:_ RTok13, iurvtves m'e. I ~e.by give. ~
·. . ---.
c~· ·'·. :· f •I I I
.. ~. ..
'::·~ 'f :·
I I
·.
' ~ \ I I l·• I
:1'
.......
'
wUbout bead. ls1ve said exocut rix rhr fulJt-st power and autbortey ir 411
~ aad qwoaJtlona to do all actB r m ighr or could do lf Hv1Aa. blcl.Jdilg, . ..
w1£boW llmttatlon. complete power and authority to sell at puhUc or priY&te
aale for cub or credit, mortgage, l~a8e auld diapose of and diat.rtilute all
prcpeny, roal. peraonal or mixed at liW:.b times art.d u.poo oucla termo &ad
·· . ~ u abe may det€'rm1De.
i
VI.
1a tho OYetlt thar my wl.ft-predecei.JieL\1 me, or tn the eveat that n die
18 1'08ult of a common disaatt-r, or undt·r such clrcwnota~. 1t Ia dttf~CW:
or lmpooot..ble to determtne whteh died ti rat, tt ahAll be dMmed that my wifo
~au<! me, ud I hereby stvo, will,· devise and bequuth my e:we U
· ~~ recited.
vu.
1 hereby &Jive, will, devtse and bequt~ath W'ltO Robert Blake, ot W~.U»tatq
ura. Pel1JUIY1vanla the sum of $1, 000. OV.
V' VIIJ.
1 bareby &ive. wUJ., devtse and bequeath, unto Don R. Blake. nJJ ~
of Wuhizlstoa, Pnnsylvan1a, tbt" su.m ot $5. 000. OU, wltbout ltmltctlolt or
oadttioU, but t'JCpress the deH! rt' that rhe sum be uaed tor tbe ~~Catt.oll of
IX.
I blreby stve, wUI and bt"queath unto Emma Blake, tbe wtte of DoG ll.
118. ot.Wuhiqlon, Pennsylvania. the sum ot $1,000. 00 .
./X.
{of '111•• ud bequrath WltO my brorber. P_rearon_W__,_!\~. ot WAIIII·
.... _.. hmuylvanta, the aum ot $10.0U.
' ' .. ~· .
I ...
,:
I,
1,1
Page Two
1 1 ·r " q~ • 'fl • • ., 1'f' _." " ~.,,.. ' •.
I
' '
I I
.,
I
. . .
.,
.. · .
. . ' ..
. r· . ..__ ... '. XI .
:r' ~ ~·
I : , . ~ .. !:,~ ihe IRan of $10.00.
xn.
\ lpve ud bequeath W'lto Robert Shewnack of Albuquerque, New Mext-:o,
Xlll.
'.· ·-~ i.Um of $2, 500.00 wlthout limitation or cond1tlon. but requNt tJmt aW
.:.lIt'..,
.J' '
. ·;:~·\ ~ ~ uaCid aad expended at tho rate of $250.00 per year by ~h\l
· . "':' ~ toy8 and preaenta tor the children and fo~ foatertas tU sptrll
· ·, -cf~ for them.
XIV.
llfve ud bequeath unto the Shrtne Hospital for Crippled~
Wubiaatoa, the sum ot $2, 50\J. 00.
XV.
~ I bore&)' give and bequeath to theSpokan~ and Eutetu llmk. ~
' .,
' :
~!,·:
'\ -.. ~ ~ .
W~, the •wn of ss. uoo. 00. i~ .. !EiJ8t nevenhelee.!z for the f~i\i
It» Uld purpose.
A. Said truatee shall bold, invest. reinvest the same ud conect ttA
lstom.o tbQrefor !or the purpose ot financing a college ~ for TimOthy
llatra, oo.a of my nephew Robert Blake, of Waah1n~ton, P~lvfW&.
1. n. truatee shall from time to ttme from the tnccme of ec!d ~·
' . . -~
·' 'l·. 'I
;·:·'·~.. . I ., ,.
I·. ·,' ' ..
I '
; ....
··• .... '
) '
· ..
/t,
..
I.
.. , .
1·· .••.
' ~ \ .. I ·~;r\' ,\,.. '
iew. oa-Ia d;&o . ..,_ he tailil to ccmpleu: hls cmrol.lmem zd obaabl a L~ea,
6$14 ..... ~ ._ nlll&ht.in forc:G aad effect m1tU thr# b=eflciQry a~
~-If SO ye:ttl, ad 4U thAt time S4id trust ahAll term~. end &11 .. ,., ·-... )· ...
· . ..-,~ priDdpal ud tateretlt eball by diG trwnect he paid afiO
. ~· ,.. · ...
~~fJ.•
• I, ',
..,~··:···~~ bltM GVe\1t the baeflclary fatla tO $\U"fiVe U'Atil dW1J tt\\Gt W-.
' . :. : ... : .. ~$-fd -.~a provided, aatd truet shalllmmedtately tormiJtate ~ ,;, . . . . . . ~-
' 'J "
't
I
.L
;, t'
I '
· ....
i ! '.
'
i
f
f.
I
t
I
f
' l
..
,._.-6'
, ..
--~-----
XVH .
.,.tvaa1a. or lts su-ccessors. the sum of $1, 000. 00.
XVIII.
moationed as &OOP u lawfully C&D be done, exceptlng th,t, r~i.du.uy toGU~t~Jt.
wbidJ &ball not be distributed untU performance of Lhl!t ~tim~& p~Gtmt.
XIX.
~OtJOt of St. M.arles, Idaho, wubject tci rt:c tollowtng conditiuns prF~~.
,.
n do ftCt eurvive the dat~ o( Aloi ld ·.·mrr r tl!Ct tor il ~~ r I<~ ai e1~tt y~ra, d\.:·,.,
XX.
..... ' .
..
I •' •\, ...... ~~-~~ .... r:., .. ,p; ~ .. t•J•·· ·~... •
' 'I· I ,,
I
I• ,I
. i
. P:Jge F 1ve
' ,i,'
I '
/ ·; / .s .
,\
u.e. ....... , ... ~
'~-f ...... ~ .. ~--... .,. ••• .,1 ~···
I I I
I
l ~ .
I
I
Pqc Slx
. ,,
• ..
I .
I /sl f I
..
; ,
.... , ... ~
I
' "'. , '(
.. s, 1 • • 1 :.
• . . . \ . 51' tt• ' ... -. ~J·'f' t . ' # i' ..
•·, .,.,..;.,., ·-'""·..,~~(J • ....__:,.. • ..,. •• "'' • .
-
,..
"' ••• , ·'' 1
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS~ COURT DIVISION
IN RE1 )
t
THE ESTATE OF C. R. REYNOLDS, ) NO.
a/k/a CHARLES REED REYNOLDS, :
)
Deceased.
r, George M. Saunders, Secretary , of Shriners ------~------------~--------~-------
Hospitals for Crippled Childred>eing a party in interest under the prior
WilLof C. R. Reynolds, hereby consent to ·Robert Blake proceeding on my behalf
to file a Petition for Appeal from Decree of the Register.
Dated& July 8, 1969
!!_ __ · ·-·-·-
I' il !,
I
i I
I· .I I' I
t
l
'I I.
tl ,,
tl
!I II I
I
I r I I I ,,
II
'! I.
'I II
I
l
I
!I I I I
II :,
I I
!I .
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS~ COURT DIVISION
IN RE& )
:
THE ESTATE OF C. R. REYNOLDS, ) NO.
a/k/a CHARLES REED REYNOLDS, :
)
Deceased.
WE, Stanley L. Resor and Mamie Resor , of-----
__,.,Su.t ..... __..Ivi ... aw.r .... i..,.e .... s..,.,..-I..:::d...,.a~h=o'------, being a party in interest under the prior
WilL of C. R. Reynolds, hereby consent to ·Robert Blake proceeding on my behalf
to file a Petition for Appeal from Decree of the Register.
Dated& July 3, 1969
··--.... _
·.
I, I' ,,
IN RE1
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS~ COURT DIVISION
)
:
THE ESTATE OF C. R. REYNOLDS, ) NO.
a/k/a CHARLES REED REYNOLDS, :
)
Deceased.
First Christian
I, CHARLES R. SONERS, Chairman of the Trustees of C~u6fh,..L~onu..~e;__ __
~P~i~n~e~,~P~e~n~n~s~y~iliv~a~n~i~a~------------' being a party in interest under the prior
WilLof C. R. Reynolds, hereby consent to ·Robert Blake proceeding on my behalf
to file a Petition for Appeal from Decree of the Register.
·.
!• ,I
It !I l
I
I I
I I· il I
II
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS~ COURT DIVISION
l! I' IN REI )
i
I
l
I
:
THE ESTATE OF C. R. REYNOLDS, ) NO.
a/k/a CHARLES REED REYNOLDS, · :
)
Deceased.
II
li I' /d-L,-4-(!! LaY-k__ , of .29 (,
J iJ I ~ 2': /'. I ( h .'/n. I' ~,,;_, (!,,t.~_;..,.~· f!J. ,, t.LR/J....t..\f4'' & ~.J •• ,__neing a party in interest under the prior
:II I I I
!I
I
I
I 'I l
I I
I
il
I
I I I I
I
!,
/·
WilL of C. R. Reynolds, hereby consent to ·Robert Blake proceeding on my behalf
to file a Petition for Appeal from Decree of the Register.
Datedz
•
COURrr OF COMHON P_LEAS
_ DIVISION
1Jn Wqt (@rpl1ann' illuurl' nf lfnnl1ingtnu Qiouuty, Jrunayluuuitt
·IN RE: ( (
) . . . ' )
( ( ESTATE OF
NO. 63.:.69-8.5 -l--Ql t-tutinu l
CHARLES RE8D REl'"NOLDS. ) ) Db;CEASw. . ( (
--· ~-C-;--R ;-·REYNOLDS·,-a/k/a
................ -;. ..,.
Qlnmmnn~ruitl) ~f Jrnnsyl uuniu /ll!l:
<nnunty of :llanlitttgton )
To: EMJI1A BLAKE
Sur Petition of: ROBERT BLAKE ------------------------
~rrrttng:
Dltr (lJnmuuuta Wnu, ___ E...:..:N=-=Md:..::......::;.I.BL:::A.=:K=-s ______ _
. that, laying aside all business and excuses whatsoever, you do file in the
office of the Clerk of our Orphans' Court of Washing.ton County, a full and
comph;te answer, under oath, to eac~1 and every o~· the averments of :':he said
pet~tion, on or before ----=-=H~on!;.!;... d~a~v;:__ ___ , the 22 day of Sent ember
19__2.2, at . 10:00 o'clock _A_. M., and show cause why the apu eal of
Robert Blake from the decree dated January 22, 1969, of tte Register
of Hills 6f i;Jashington County, admitting to probate as the Hill of
C. R. Rr. . .S:NOLUS, a/k/a CBl'l.dlli U R?.t;D Rr.:Y.NOL0S,deceased, a wr1 t1ng aated
January 12, ·1967, S:-1o.U.d not be sustained, the decree set aside, and
an issue directed to try by a jury the following 1ssuesl
(a) vfuether the decedent actually signed the
purported \·/ill;
(b) Whether the signatur-e of the decedent on
the said Will is a forgery;
(c) Whether the decedent had sufficient testamentary
capacity to execute the said \·Jill J
(d) Whether-· the Will was the product of undue
influence
Sanfrrrd s. _Finder, Esq.
Attorney .fJr Petitioner.
(Seal)
--~ .. ~ ... _,... ... ·-·--
~'
:'.'
:·.
IN RE:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
) . .
THE ESTATE OF C. R. REYNOLDS, ) NO.
a/k/a CHARLES REED REYNOLDS, :
)
Deceased.
0 R D E R
upon consideration of the foregoing Petition of Robert a citation is
'! awarded directed to Emma Blake to show cause why the appeal of· Robert Blake it
l! from the decree dated January 22, 1969, ·of the Register of Wills of Washington
!'i .......
jii County, admitting to probate as the will of C. R. Reynolds,. a/k/a Charles -,,
;;: Reed Reynolds,. deceased, a writing dated January 12, 1967, should not be :n
:!' ' sustained, the decree set aside, and an issue directed to try by a jury the 1:
1' " following issues:
:r:
(a) Whether the decedent actually signed the
purported Will;
(b) Whether the signature of the decedent on
the said Will is a forgery;
(c) Whether the decedent had sufficient testamentary
capacity to execute the said Will;
(d) Whether the Will was the product of undue
influence.
Returnable the Z...Z.... day of , 1969, at
__ _.lt..._.;;.o..:!..:_f";._~~-0 I c 10 ck t tf_. M.
..
t'
+' In the Court of Common Pleas of
·0.. ~ Washin~on County, Pennsylvania ......
,11) Orp ans' Court Division
()
Cll NO. 63-69-85
c H ...... "0 ..c c +' ro ...... ~ ~I§ II IN RE:
Cll "0 .. ..c Cll \rt +' +' II ESTATE oF c.· R. REYNOLDs. ....... 0.. 0 Cll
Cll ()
() Yl~" II A /KIA CHARLES REED () ro ~ ...... :> :>, H ..0 Cll Cll Ul H
Cll .. ..c ~ ~~ II .uO"" \.I '1--X 0') Ul
Deceased.
tO
0') ......
.-I .. • H "0 . ~~ .. Cll Cll H +' b.O c::n
Cll ....., "0 R T¥! ~~ITIOW A~ ..0 ro ~ Cll s -C~~g;>N ~ t
Cll ~ ~ ....., 0 :;: (() n """Cl, -
•. 0.. Cll ~ AND NEW:: ~TE~ tfl
a> ~-G? ('fl :""" ........ 0 Vl· () -1 ::0 ,..~
....... ' "0 ro
0 (::! :>, TO THE wrif:Fi:rN~ET:@iONER: ro ~ . ' ..0 .. Cll g~:%1
"0 c H 1: -~ -\U:
0 Cll You are:e~ notified to
'tl
...... ..c ....., ro Ul plead to the 1en<t?losed ~ Matter ....., ...... ......
u ....... within 20 days from the date of
0 Ul "0 Cll s ervice...hereof. ...... ..c c H ....., ro Cll
c ..c .. +' ~ 0 :>, ,... ......
0 ....., 0.. ...... z ....., 0
Cll () ttor1 0 ~ c ) ~\ ·~ z 0 Cll ....., +' ~-n~~ ; <t:: +' ...... H H Cll ~ ~
Ul ro c ....... \)~ ~ <t:: 0 ~GEORGE B. STEGENGA .__ A~ORN<Y AT ~W t
WASHINGTON TRUST BUILD! G
WASHINGTON, PENNSYLVANI 15301
, A ;;, -t/-tf.o
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASIIINGTON TRUST BI.D;.
WASHINGTON. PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY., PENNA.
IN RE:
ORPHANS'" COURT DIVISION
THE EST ATE OF c. R. REYNOLDS.
A /.'K/A CHARLES REED REYNOLDS•
Deceased.
)
)
) NO. 63-69-85
)
)
)
ANSWER TO PETITION AND CITATION --------------·----·----------
AND N 0 W., comes EMMA BLAKE and answers the Petition
and Citation filed at the above number and term., as follows:
1. Paragraph 1 of the Petition is admitted.
2. Paragraph 2 of the Petition is admitted.
3. Paragraph 3 of the Petition is admitted insofar as the
decedent was residing with Mrs. Don Blake in Washington County, Pcnnsyl vani
at the time of his death. Mr. Don Blake had predeceased the decedent.
4. Paragraph 4of the Petition, wherein it is averred: 11 That
on January 22., 1969, a writing dated January 12, 1967., alleged to the the Last
Will of the decedent was admitted to probate as such last Will by the Register
of Wills of Washington County, Pennsylvania, and letters testamentary were
granted thereon to Emma Blake.. A copy of the alleged Will i.s attached hereto
as Exhibit •A '· ", is specifically denied and on the contrary, it is averred
that at no time were Letters Testamentary granted to Emma Blake; and it is
further averred that letters were issued to the Pittsburgh National Bank as
Administrator C. T. A.
5. Paragraph 5 of the Petition is admitted insofar as Emma
GEORGE B. STEGENGA
ATTORNEY AT LAW
VIASHIHGTOH TRUST DLOG.
WASHINGTON, PA.
Blake is a party in interest under the Will dated January 12, 19 67; and it is
further averred that Emma Blake is a niece by law to the decedent.
6,. Paragraph 6 of the Petition wherein it is averred: "That
the decedent had a prior Will which was executed in the State of Idaho on the
2nd day of September., 1953, a copy of which is attached hereto and marked
Exhibit "B" and your petitioner is one of the parties in interest to said alleged
prior Will,." is neither admitted nor denied and proof of the averments in
Paragraph 6 is requested.
7. Paragraph 7 of the Petition wherein it is averred: 11 The
writing admitted to probate as the Will of the decedent was not the last Will
of the decedent and the said Will is invalid for the reason that the signature
appearing thereon is not the signature of the decedent, for at the time of
the execution of said Will and for some time prior thereto., the decedent had
been unable to write or sign his name and was not in the habit or custom of
signing his name as Charles Reed Reynolds. 11 is specifically denied, and
on the contrary., the signature appearing on the Will dated January 12, 1967
ia a valid signature and was affixed thereto by the decedent, and the decedent
was able to write and/ br sign his name at the time of the execution of the Will,.
8,. Paragraph 8 of the Petition wherein it is averred: "The
said Will is invalid for the additional reason that at the time of execution of
said Will and for some time both prioer thereto and subsequent thereto the
decedent was not of sufficient testamentary capacity to execute a Will. 11
, is
specifically denied and on the contrary it is averred that the decedent at all
times relevant hereto, and more particularly at the time he executed the said
Will on January 12th, had sufficient testamentary capacity to execute the
said Will.
9.. Paragraph 9 of the Petition wherein it is averred: 11 The
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BLDG.
WASHINGTON, PA.
said writing admitted to probate is invalid and void for the reason that it was
the product of undue influence exerted upon the decedent by the said Emma
Blake or Don R., Blake." is specifically denied. and on the contrary it is
averred that there was no undue influence exercised upon the decedent by any
person.
10. Paragraph 10 of the Petition wherein it is averred: "That
the decedent had been a resident of the State of Idaho for many years prior
to October 18, 1966, when his. wife, Pearl Reynolds, died. At the time of his
wifeks death., Emma Blake and Don R. Blake took Mr .. Reynolds out of a nurs-
ing home., at a time when he was incompetent and brought the decedent to the
Commonwealth of Pennsylvania,.", is specifically denied., and on the contrary
it is averred that Emma Blake and/ or Don R. Blake did not take Mr. Reynolds
out of any nursing home., and on the contrary it is averred that decedent
requested that he go back to Pennsylvania, the place of his birth" and did so
reside with Don R. Blake and Emma ·Blake until the death of Don R. Blake and
then continued to live with Emma Blake thereafter. It is further averred
that decedent was at all times competent when he was brought to the Common-
wealth of Pennsylvania., and in further answer to Paragraph 10" it is averred
that the decedent was a legal resident of the Commonwealth of Pennsylvania
at the time of his death and at all times was competent to execute the Will
on January 12, 1967.
11.. In answer to Paragraph 11 of the Petition~ it is averred
that the iiris.w~ertngap:aTty has no knowledge of the contents of Paragraph 11,
and proof thereof is demanded,.
12.. In answer to Paragraph 12 of the Petition, it is averred
that inasmuch as the Petition has failed to state a cause of actior:: against
Emma Blake, and for the further reason that Emma Blake is not a fiduciary
in this matter., that the Court cannot allow the relief sought for and should
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHIUGTON TRUST BLD~.
WASHINGTON. PA.
II !
I
!I H I u y
I 1 dismiss the Petition at the cost of the Petitioner.
il i ~
I
NEW MATTER -----------------
13. In further ans·wer to the Petition., it is averred that no
I!
II petition., copy., citation, or otherwise has been filed namhg the Administrator
C. T.A., the Pittsburgh National Bank, and it is further averred that the
said Administrator., C .. T.A • ., the Pittsburgh National Bank, would be" and/or
should be., a party to these proceedings. And, it is further averred that
the Court lacks jurisdiction to try any of the issues raised in the said Petition
until the proper parties are made a part to this proceeding.
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BlOr..
WASHINGTON, PA.
•
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON }
Before me, the undersigned authority, personally appeared
EMMA BLAKE, who, being duly sworn according to law, deposes and says
that the facts contained in the foregoing Answer and New Matter are true and
correct to the best of her knowledge, information and belief.
Emma Blake
Sworn to and subscribed before
me this 20th day of September,
1969 ..
City & County of Washington, Pa.
My Commission Expires: Feb. 10, 1973.
~I /
';';
September 26, 1969
Pittsburgh National Bank
· South Ma.tn Street· ·
Washingt~n, · P~nnsylvania
In Re: Estate ot Charles C. Rey;nolds~ Deceased.
No. 85 of 1969 .· ·
Gentlemen:
· · The Cour~ has set a-p-earinq date' 1~ the above matter for
Wednesday, November 12, 1969,.,~t 10:00 o'clock A. M. .
You will recall that o.ne of the:_;heir~~ r.·enres~~ted bf~~
-;AUorney S~nford S. Finder, had a.Citation issued, at~dkt~g the-wilt
· of thts ·decedent. . · . . -::,:: :::: . · ·-._-·-·· . . ..J:. ~ .. ~
On the return date,; September 22; .1 969 ,~:Attorney Q~orge .
. ··.Stegenga appear.eq·ln court-anddtlnd a;n·~a~wer ·to the:p;etttlon and;;the· : :. guat~o.~-!~~~e~'by;,Mr. Finder.:, Mr,. Ste_qe~~ -.nfited ui&.t~:_th~·Pitt~qurg&'
National Bank -had been issued Letters of Admfntstra.ttdn; G;.T .A·~· 'and ··
•'_ \ '~:·,'~..._... ., .. 0 ~ ~-,;·-;. .. ~ ; ·'~ • ',-( •,,. < , • ,,·..c· .... , ·.•v,rq-!':;:'. r ·~· ·"f ;'\' ,.,~.• -:-~ ..... , • ,..,,,. ~ • I ol"i' '-< '' • •A:..ji he ~u_qq~stefil t~t the_·J:?ank .wou~d:~e a necessar.y;:p~tyclti·this prq~~e~diJlCJ •. ':PheCourt s'uqqest~d1';that,'···rither~tban'COntlnue same, the Bank coulcf"··l···· .
bf3 .per.mtt~d.tq .ft~e ,a s.~par~te~ ~'qSwer; U lt so: q~sJred, wl.thout ~IQ.~nding
the proceedbiq •1~ !he· hearlnq date will remain as ·originally schedul~d-
Very truly ·yours,
..
15. ·vincent Marino, P. 1.
PVM/vh
J-j ·\\ .
,\ ~
• ( ,\\..' ~-. >
J
' '. ~-
. }'
''·
~ ·, ..
. :~·$!Jt.f,:;1~,i~"(;:;Jw
.!''
. ';
...
..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: )
:
THE ESTATE OF C. R. REYNOLDS, )
: NO. 63-69-85
a/k/a CHARLES REED REYNOLDS, I Deceased.
)
:
)
PETITION TO ADD PARTY AND AMEND PETITION
TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
The Petition of SANFORD S. FINDER, ESQUIRE, Attorney for ROBERT
BLAKE, respectfully represents:
-1-
That a petition for appeal from the Register of Wills was filed
in this matter in July of 1969.
-2-
That your petitioner failed to insert in said petition that the
Pittsburgh National Bank and Trust Company had been named Administrator C. T.
A. of the Last Will and Testament of C. R. Reynolds, a/k/a Charles Reed
Reynolds.
-3-
Your petitioner desires to add the Pittsburgh National Bank and
Trust Company as a party in interest in Pargaraph 5 of said petition and to
serve notice of this proceeding upon Pittsburgh National Bank.
Attorn~'y for Ro7r'fBlake v
' '
I .
'
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF WASHINGTON )
Personally appeared before me, the undersigned au~hority, SANFORD S
FINDER, ESQUIRE, who, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing Petition to Add Party and Amend Petition
are true and correct to the best of his knowledge, information and belief.
Sworn to and subscribed
(/d bejore me this o day .,"· --'---,
a]~_actober; 1969.
t~· --I • -" ···r~ ~ ~,
", Pwbti~ .• "z•,:,, '"·
_ Commis~·~ · _ 1• ,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: ) . .
THE ESTATE OF C. R.,REYNOLDS, )
: NO. 63-69-85
a/k/a CHARLES REED REYNOLDS, ) .
Deceased.
. .
)
0 R D·E R -----
~ AND NOW, to wit, this~ day of October, 1969, the prayer of
the within Petition is granted and the proceedings are amended to add the
Pittsburgh National Bank and Trust Company, Administrator C. T. A. as a
party in interest to said proceeding.
IN RE:
.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
THE ESTATE OF C. R. REYNOLDS, .
)
)
a/k/a CHARLES REED REYNOLDS, ) . .
Deceased. )
NO. 63-69-85
MQil.Ql!
I TO THE HONORABLE P. v. MARINO, PRESIDENT JUDGE OF SAID COURT:
l j I
! AND NOW comes SANFORD S. FINDER, Attorney for Protesta~t, and ~ moves your Honorable Court as follows: I i -1-
That in connection with the hearing to be held on the 12th of
November, 1969, your petitioner desires to take the depositions of witnesses
and use at the hearing and trial.
-2-
The names and addresses of the witnesses are as follows:
Marjorie C. Smith, 1210 Washington Avenue
St. Maries, Idaho
Dr. B. A. Rapp, M. D., St. Joe Valley Clinic
St. Maries, Idaho
Dr. W. D. Thurston, M. D., Medical Dental Building
St. Maries, Idaho
Dr. H. Don Moseley, M. D., 421 Coeur d' Alene Avenue
Coeur d' Alene, Idaho
Donald Morris, Pinewood Manor, 2514 North 7th
Coeur d' Alene, Idaho
Jeanne Morris, Pinewood Manor, 2514 North 7th
Coeur d' Alene, Idaho
E. L. Miller; Attorney at Law, 816 Sherman Avenue
Coeur d' Alene, Idaho
Dean Marty, 919 Washington Avenue
St. Maries, Idaho
Stanley L. Resor, 231 9th Street
St. Maries, Idaho
M. H. Moshinsky, 323 lOth Street
St. Maries; Idaho
Mamie Resor, 231 9th Street
St. Maries~ Idaho
-3-
That your petitioner desires to take the depositions by oral
examination before Mr. Robert Everson of Moscow, Idaho, a court reporter in
the State of Idaho and duly authorized to administer oaths in the State of
Idaho.
-4-
Each witness resides more than one hundred (lOO) miles from the
Court House of Washington County, Pennsylvania, and these depositions are
sought under the Orphans' Court Rules and the Pennsylvania Rules of Civil
Procedure.
-5-
The dates for taking of the depositions are as follows:
E. L. Miller ..0-stobeP 15' l'J69 lv~fl llbJ'
Dr. H. Don Moseley, M. D. Oatoeer 1§, 3:969---IJ rv-; ~ I lC
Donald Morris • Oc.±obe.r 15, ~ -IV V?Fr f' r ~ . I
Jeanne Morris -GctobQ;r;~5, 1-9&9--;(; _,.,. ~I 11
M. H. Moshinsky .~;(;ebeP 18, 1969-,.... N~" ISJ 1 · ~i
I IU~, ISj I i 7 Marjorie C. Smith -OatobeP lB, 1969 .,.._
Dr. B. A. Rapp, M. D. October 25, 1969
Dr. w. D. Thurston~ M. D. October 25, 1969
Dean Marty
Stanley Resor
Mamie Reson
..
November 1, 1969
November 1, 1969
November 1, 1969
•
IN RE:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
THE ESTATE OF C. R. REYNOLDS,
a/k/a CHARLES REED REYNOLDS,
Deceased.
)
:
)
: NO. 63-69-85
)
:
)
0 R D E R
-6·~
AND NOW, to wit, this bay of October, 1969, permission and
leave is hereby given to protestant to take the depositions of the following
witnesses in the State of Idaho on the dates set forth in the ¥otion before
Robert Everson of Moscow Idaho:
Marjorie C. Smith;
Dr. W. D. Thurston,
Donald Morris;
E. L. Miller;
Stanley L. Resor;
Mamie Reson.
Dr. B. A. Rapp, M.D.;
M. D.;Dr. H. Don Moseley, M.
Jeanne Morris;
Dean Marty;
M. H. Moshinsky;
D.;
I '•
AND NOW~ this CJ./ day of 1969. service of the within
Motion and Order is hereby accepted and a written copy thereof acknowledged.
Attorney f¢'r Robert Blake, Protestant
tJ C'D
()
C'D Pl Ul
C'D
0. •
• 0 Ul ..
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BLDG.
WASHINGTON. PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY., PENNA.
ORPHANSk COURT DIVISION
IN RE:
THE ESTATE OF C,.R. REYNOLDS,
a/k/a CHARLES REED REYNOLDS.
Deceased.
MOTION
)
)
)
) NO. 63-69-85
)
)
)
TO THE HONORABLE P. V., MARINO~ PRESIDENT JUDGE OF SAID COURT:
AND NOW comes GEORGE B. STEGENGA, ESQ • .., Attorney
for the Estate of C.R. Reynolds, a/k/a Charles Reed Reynolds., Deceased,
and moves your Honorable Court as follows:
1. That in connection with the hearing to be held on the 12th
of November, 1969, your petitioner desires to take the depositions of witnesse
and use at the hearing and trial.
2.. The names and addresses of the witnesses are as follows:
s. D. Wheeler, St. Maries, Idaho
Mrs. S.D. Wheeler, St. Maries, Idaho.
3. That the said depositions will be taken by oral examination
before Mr,. Robert Everson of Moscow, Idaho, a court reporter in the State of
Idaho and duly authorized to administer oaths in the State of Idaho.
4. That each of the witnesses reside more than one hundred
(100) milES from the Courthouse at Washington County, Pennsylvania, and
these depositions are sought under the Orphans' Court Rules and the Pennsyl-
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BLDG.
WASHINGTON, PA.
'· It
vania Rules of Civil Procedure.
5. The dates for taking of the depositions are as follows:
S. D .. Wheeler.:t
Mrs. S.D. Wheeler.,
November 8~ 1969
November 8, 1969
_e~Jt
George B. Stegenga~ Esq.,
Attorney for the Estate of C.R. Reynolds,.
a/k/a Charles Reed Reynolds,. Deceased.
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRIJST BI.CG.
WASHINGTON, PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY• PENNA.
ORPHANSt COURT DIVISION
IN RE: )
)
THE ESTATE OF C. R. REYNOLDS~ )
) NO. 63-69-85
a/k/a CHARLES REED REYNOLDS• )
)
Deceased. )
0 R D E R
AND NOW, this__)}, day of _ ~ , 1969,
permission and leave is hereby given to the Estat~ of C.R. Reynolds, a/k/a
Charles Reed Reynolds, to take the depositions of the following witnesses in
the State of Idaho on the dates set forth in the Motion before Robert Everson
of Moscow, Idaho:
s. D. Miller" and
Mrs. s. D.. Miller.
By \heGourt,
\
P,. J.
.
. .
~ ~/
I
•' I ~
L--
:;...
Q.) s: ,w. c
~
c ...... ..c +> ...... :s:
Q.) ..c +>
<+-< 0
Q.)
C,) ...... :> :;...
Q.)
UJ.
..
(J) co
(J) ...... .. :;...
Q.)
,..0
0 +> C,)
0
~r 0
~ "0 '~
~
UJ. ...... ..c +> .. ~ 0 z
0 z
~
,
• "0
Q.) :> ......
Q.)
C,)
Q.) :;...
<+-< 0 Q.) :;...
Q.) ..c +>
:>-,
0.. 0 C,)
c
Q.)
+> +> ...... :;... :s:
Ci!
"0 c
Ci!
"0
Q.) +> 0.. Q.)
C,)
C,)
Ci!
:>-,
,..0
Q.) :;...
Q.) ..c
UJ. ......
c 0 ......
CiS +> ...... u
"0 s c 0 ...... +> ...... +> Q.)
P-t
0 .....,
In the Court of Common Pleas of
Washington County, Pennsylvania
No.
Or:f-hans' Court Division 6 -69-85
TN RE:
THE ESTATE OF C.R.' REYNOLD~
a/k/a CHARLES REED REYNOLDS
DECEASED.
ANSWER TO PETITION AND
CITATION
"\ ~
r~c-.. -n ~:0 CT')
\ c.c >fTl::O -<ntn<= c:::» r :::r:~"' ('"")
-(.// (1·: -z ~ ''1 "' m -> r·· , '· ll F"' -1 ::0 rr· --I
0 . 0 0 ~...,.,::!! ::0. ..
0 ,'::;-::r o;;:E;o ; r ~ -. ;;;;: (;:)
~0o -en
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON, PENNSYLVANIAV
I ?.. ?--Lf '-f-"D -
GEORGES. STEGENGA
ATTORNEY AT LAW
WASHBIGTON TRUST BLDG.
WASHINGTON, PA.
• . .
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY" PENNA.
ORPHANS' COURT DIVISION
IN RE: )
)
THE ESTATE OF C. R. REYNOLDS, )
) NO.
a/k/a CHARLES REED REYNOLDS, )
)
Deceased. )
ANSWER TO PETITION AND CITATION
AND N 0 W 1 comes the PITTSBURGH NATIONAL BANK,
Administrator C. T. A. of the Estate of C.R. Reynolds, a/k/a Charles Reed
Reynolds, deceased, and answers the Petition and Citation filed at the above
number and term1 as follows:
1. Paragraph 1 of the Petition is admitted ..
2. Paragraph 2 of the Petition is admitted.
3. Paragraph 3 of the Petition is admitted insofar as the
decedent was residing with Mrs. Don Blake in Washington County, Pennsyl ...
vania at the time of his death. Mr. Don Blake had predeceased the decedent.
4. In answer to paragraph 4 of the Petition1 the Pittsburgh
National Bank answers that it was duly ap;,einte-' Administrator C .. T.,A~ of
the Estate of C. R. Reynolds, a/k/a Charles Reed Reynolds., deceased.
5. Paragraph 5 of the Petition is admitted insofar as Emma
Blake is a party in interest under the Will dated January 12, 1967; and it is
further answered that Emma Blake is a niece by law to the decedent.
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUiT BLDG.
WASHINGTON, PA.
6. Paragraph 6 of the Petition wherein it is averred: "That
the decedent had a prior Will which was executed in the State of Idaho on the
2nd day of September, 1953., a copy of which is attached hereto and marked·
Exhibit "B" and your petitioner is one of the parties in interest to said alleged
prior Will." is neither admitted nor denied and proof of the averments in
paragraph 6 is requested.
7. The Pittsburgh National Bank, Administrator C. T.A. of
the Estate of c. R. Reynolds, a/k/a Charles Reed Reynolds, deceased, answer
Paragraph 7 of the Petition that they have no knowledge of the averments con-
tained in paragraph 7 of the Petition, and, therefore, neither admit nor deny
the same, and proof thereof is demanded.
8. The Pittsburgh National Bank, Administrator C. T. A. of
the Estate of C. R .. Reynolds, a/k/a Charles Reed Reynolds~ deceased, answer
Paragraph 8 of the Petition that, they have no knowledge of the averments con
tained in paragraph 8 of the Petition and, therefore, neithe:-admit nor deny
the same, and proof thereof is demanded.
9. The Pittsburgh National Bank, Administrator C. T. A. of
the Estate of C. R. Reynolds, a /1$. Charles Reed Reynolds, deceased" answers
Paragraph 9 of the Petition that, they have no knowledge of the averments con ...
tained in paragraph 9 of the Petition and, therefore, neither admit nor deny
the same, and proof thereof is demanded ..
10. Paragraph 10 of the Petition wherein it i.s averred: 11 That
the decedent had been a resident of the State of Idaho for many years prior
to October 18, 1966, when his wife, Pearl Reynolds, died. At the time of his
wife's death, Emma Blake and Don R. Blake took Mr. Reynolds out of a nurs-
ing horne, at a time when he was incompetent and brought the decedent to the
Commonwealth of Pennsylvania.", is specifically denied, c..nd on the contrary
GEORGE B. STEGENGA
ATTOf~NEY AT L.AW
WASHINGTON TRUST DLDG.
WASHINGTON. PA.
' .
it is averred that Emma Blake and/or Don R. Blake did not take Mr. Reynolds
out of any nursing home, and on the contrary it is averred th9-t decedent
requested that he go back to Pennsylvania, the place of his birth, and did so
reside with Don R. Blake and Emma Blake until the death of Don R. Blake
and then continued to live with Emma Blake thereafter. It is further averred
that the decedent was at all times competent when he w=ts brought to the Com on-
wealth of Pennsylvania., and in further answer to parag:-aph 10, it is averred
that the decedent was a legal resident of the Commonwealth of Pennsylvania
at the time of his death.
11. In answer to Paragraph 11 of the Petition, it is averred
that the answering party has no knowledge of the contents of paragraph 11, and
proof thereof is demanded.
WHEREFORE, the PITTSBURGH NATIOJ\TAL BANK, Adminis-
trator C. T. A. of the Estate of C. R. Reynolds, a /k/ a Charles Reed Reynolds.,
deceased., requests the Petition and Citation be dismissed with costs on the
Contestant.
Atb;y rr:~ih Nat;=;;;;al Bank, -
Admr. C. T.A. of the Estate of c. R.
Reynolds., a/k/a Charles Reed Reynolds.,
deceased.
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TllUST BLDG.
WASHINGTON, PA.
.. ... -
.. '•
COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF WASHINGTON )
Before me, the undersigned authority, personally appeared
CHAS. E. ENLOW, Assistant Vice-President of the Pittsburgh National
Bank, Administrator C. T.A. of the Estate of C.R. Reynolds, a/k/a Charles
Reed Reynolds, deceased, who, being duly sworn according to law, deposes
and says that as Assistant Vice ... President of the Pittsburgh National Bank
he is familiar with the proceedings herein and is duly authorized to execute
this Affidavit to the Answer to Petition and Citation herein, and that the facts
contained therein are true and correct to the best of his knowledge, informa ...
tion and be lief.
Sworn to and subscribed before
me this 22nd day of October,
1969.
Vwf.~L
---N;tary Public
My Commission Expires:
MABEt E. RUTAF,
i,J lflf?Y PUBtJC
·,~· , -. • ~ • I I {' J ..
'' '·~ • 1' .:v~l COt:~·ry P"' 111> '· ' I ' lit , vv,,.,,,.._.to~. tX,•1R£S ~EBRUARY 1. 191.1
Chas. E. Enlow1 Assistant Vice-Presiden
of the Pittsburgh National Bank,
Admr. C. T.A. of the Estate of C.R.
Reynolds, a/k/a Charles Reed Reynolds,.
deceased.
l"
.Al ~· '"
~
;
',
' •
,,.
In the Court of Common Pleas of Wash-
ington County, Pennsylvania -Orphans'
Court Division
NO. 63-69-85
JN RE:
THE ESTATE OF C. R. REYNOLDS,
a/k/a CHARLES REED REYNOLDS,
) v )}~
DECEASF.D.
6 RD ER
~~·-· >f'rl;:n cn~c; -.._(./">
::: (.n (/)
.:2: --i f"": C) fT: ~
-I;:J:Jr-<:::> ..,. 0 . ...,
..,_ "'~1 -· <:> :{; .. O~:;o • ;:; EE ""0,-.c f:>-w
~ .. J:W .... :"' . . c::tl. ·~ to·"·,·:.:~-:.:_~.., . ' . .,.. ~·-~ <::> ' _ ... -=:~
'"'-> U'1
""'D .:::::;: -
~ -..
f:lJ·
c:J!J· "*=--·~
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON, PENNSYLVANIA 15301
1.) ~-4-4-z~,
•
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHJrlGTON TRUST BLDG.
WASHINGTON, PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
ORPHANS' COURT DIVISION
IN RE:
THE ESTATE OF C.R. REYNOLDS,
a/k/a CHARLES REED REYNOLDS,
)
)
)
)
)
)
)
NO. 63-69-85
DECEASED.
6 R D E R
AND NOW, this u2$d"ay of November, 1969, upon motion of Counsel
for the Estate of C. R. Reynolds, a/k/a Charles Reed Reynolds, deceased, the hearing
set for December 3rd, 1969 at 10:00 A.M. is hereby continued for the reason that Counsel
for the Estate will be engaged in trial in the Court of Common Pleas of Allegheny County,
commencing December 2nd, 1969. /4~ ~----;:?~ ~ ~. 3 G1 /) (, f ~/a;·.-~~ /!r/1 .
.. ..---........
•'" ~ I" .,
/By the CoJrt,
\
IN THE COURT OF COIVDVION PLEAS OF WASHINGTON COUNTY, PENNA.
ORPHANS' COURT DNISION
In Re:
Estate of
C. R. REYNOLDS, a/k/a
(
)
(
)
(
)
(
)
(
No. 85 of 1969
CHARLES REED REYNOLDS,
Deceased.
ORDER DISMISSING APPEAL
AND NOW, April 17, 1970, the Appeal of the Petitioner,
Robert Blake, from the Decree of the Register of Wills admitting to probate
the will of the above decedent, is denied and dismissed, with prejudice.
I
L,___
~'
In the Court of Common Pleas of Washing
ton County, Penna. -Orphans• Court Di
N 0. 63-69-85
IN RE:
ESTATE OF C. R. REYNOLDS,
a/k/a CHARLES REED REYNOLDS,
DECEASED.
PETITION FOR AUTHORIZATION TO
PAY COUNSEL FEES IN CONNECTJOt--
WITH THE EXTRA LEGAL SERVICES
RENDERED 'I~T~E:BOV~ST~~f
f
li 'V..-" (/) G") c:
;;;
u ::!: -(fl ...;..; ~--
..F\ --(/) ---,........ r
W, ~ ;;: 6i .___, rr""
--! ., ' • ' I -~--•• <.D ~ ~0-~
t' -:J"''f'" -• ~7--.,. f ..., ~. _, <;;) -· ~·-_,----"" 0 ~": -· ' _,_ ~-J ~: ~ ~ ~ 'V
':') ' '.;:) 0..) " -
~' ~j ~ ~((5
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON, PENNSYLVANIA 15301
I ?_ ~-{-0/
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHINGTON TRUST BLDG.
WASHINGTON, PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF C. R. REYNOLDS, )
)
a/k/a CHARLES REED REYNOLDS, )
)
DECEASED. )
NO. 63-69-85
PETITION FOR AUTHORIZATION TO PAY COUNSEL
FEES IN CONNECTION WITH THE EXTRA LEGAL
SERVICES RENDERED .IN THE ABOVE ESTATE .
TO THE HONORABLE, P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
AND NOW, comes GEORGE B. STEGENGA, ESQUIRE, Attorney for
the Estate of C. R. Reynolds, a/k/a Charles Reed Reynolds, deceased, and respectfully
petitions your Honorable Court as follows:
1. That the Pittsburgh National Bank is the Administrator C. T. A. of
the above captioned estate.
2. That in connection with the administration of the said estate, it was
necessary to protect certain interests in the state of Idaho, chiefly real estate situate in
Idaho belonging to the decedent.
3. That certain actions were filed in the State of Idaho concerning the
rea I estate situate therein, and it was necessary to hire counsel to protect the interests of
the estate for the assets situate in Idaho.
4. That the Law Offices of McFadden & Park were retained for the
administrator and certain services were rendered by the said law firm.
5. That in addition to the litigation concern,ing the real estate, it was
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASHI NGlON TRUST BLOr,.
WASHINGTON. PA.
necessary that the law firm of McFadden & Park attend certain depositions relative to a
proceeding in the Orphans' Court in Washington County, which depositions were taken of
witnesses residing in the State of Idaho.
6. That relative to the two matters, the law firm of McFadden & Park
has submitted a total bill for fees and costs in the amount of One Thousand Twelve Dollars
and Ninety Cents ($1, 012. 90) of which a Two Hundred Fifty Dollar ($250.00) retainer has
been paid, leaving a balance of Seven Hundred Sixty-two Dollars and Ninety Cents
($762. 90). A copy of the said statement is hereto attached and marked Exhibit A.
7. That in addition to the law firm of McFadden & Park, it was necessary
to engage the services ofWalterW. Gregory, Jr., Esq., for the trial in the Orphans'
Court in Washington County in connection with the litigation of the above captioned estate.
8. That the said Walter W. Gregory, Jr., Esquire, has submitted a bill
in the amount of One Hundred Fifty ($150.00) Dollars, a copy of which bill is hereto
attached and marked Exhibit B.
9. That your Petitioner having examined the bi lis and having knowledge
of all the legal proceedings involved, feels that the charges made are fair and reasonable
i under the circumstances and should be paid.
WHEREFORE, your Petitioner respectfully requests your Honorable Court
to make an Order allowing the payment of these fees to the respective counsel involved.
I···~~ '"")·___.. /
(Petitioner) George B. Stegenga, Esq.
.'4" ·.'-:;'
·. ;• 1 ;..:~
' -
,
,. i· ::. ·}'
• .. ~ . ~ ,t ... ;;._
c ,. ~· . ''·
· . .., . !· ~ ':!':; •. : "· ~---~
' t . ~:~ . -,:.: ·''. ' '~· !:'~
•... ~i .;. •
------~-•-;;H._A_R_O_L_._M_c-FA_O_D_E_N--------------------------~--·-~~.·~ •.•• ,:~:--· _______ ,J _________________ ST-.-M~A-~-IE_S_:-24--~-2:2_;_\_~-~ -r
"'!!ERROLD E. PARK PLUMMER: 686-2921
LAW OFIFICES OF
McFADDEN & PARK
ST. MARIES Be PLUMMER
IDAHO
93861
December 19, 1969
Pittsburgh Nationa~ Bank·aLd Emma Blake
c/o George Stegenga, AttorLey
Nashington Trust Building
Washington, Pennsylvania.
Estate ofC.R. R~ynolds (Eenewah Co. Probate Court)
Appearance, filing objections to ~ill,
hearing on objections
·Reser V~ Blake & Pittsburgh Nat. Bank
Appearance, motion to make more definit
·and certain, hearing en motion, preparing
answer and counter claim, motion and affidavit
for summary judgment, interrogatories to
defendants, hearing on motion,correspondence
and legal research, attending deposition of
Attorney Miller in C.oeur d'Alene, miscellaneous.
related services.
Costs advanced:
filing fee
travel to coeur d'Alene
transcript of deposition
J .. ' .... '
$20.00
15.00
11.50
Estate of C.R. Reynolds (Pe·rinsy1vania proceedings)
Arranging and attending deposition of
Rapp, Thurston, Harty,· Moshinsky and
. ' .vJheeler in St. Maries:
Arranging and attending depositions of
_Mosley, Mr·. & ·Mrs. Morris in Coeur d'Alene: _.. ·.·.··• .,. .
.. Correspondence relat.e:i thereto
Costs advanced
St. Maries depositions
~oeur d'Alene depositions
travel t~ Coeur· d'Alene
·3rand Total
Less ret3.iner
. B!:llance
73.50
20.40
15.00
''
$105 o·o: . .· ~
.$~42.50
• i
... ·,
46.50
$589.00
·-. 210.00
··108.90
. -318.90
, $Iot2.9o
250.00
$ 762.90
t ~ ' !,
!;
r I
I I
I
!'
f:: I,
I
%-t
: 1:
GEORGE B. STEGENGA
ATTORNEY AT LAW
WA5HIN;TON TRUST BLDG.
WASHINGTOtl, PA.
OMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF WASHINGTON )
Personally appeared before me, the undersigned authority, GEORGE B.
STEGENGA, ESQ. 1 who, being duly sworn according to law, deposes and says that the
facts set forth in the foregoing Petition are lr.ue and correct to the best of his knowledge,
information and belief.
Sworn to and subscribed before me this
5th day of February, 1970.
City & County of Washington, Pa.
My Commission Expires: Feb. 1 01 1973
TELEPHONE {222-6790 222-2686
WALTER W. GREGORY, JR.
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON, PE"!NA. 1!1301
_--:::.J..;;;a.;;.:n;.;::u;.;;;a.:..r'""y_;;.2::.1 __ 1el.Q
. George .B. Stegenga, Esquire
Washington Trust Bldg.
Washington, Penna. 15301
FOR PROFESSIONAL SERVICES!
In Re:
Estate of
1 day in
Charles Reed
Orphans Court
Reynolds
$150.00
[~
~----..,..~~"'.....:..,.,.....,.~~
' ·~ ... ! •• ·";.'· , •• ·.: • .. '' •• ~ •
·.
I /
....
/' '
' .
', ••• , ,, t' ' .•
';t
·, ,, '
..
·~· l
...
\
~·· '
'~~; ..
... .
'·'
'•,,
,.
; '
i
···: ',·· /,.' ''i· • '
"·. ~ ~ 1 ;,. ! ' ' ·'j· ··.·~ .:. ·,' .
. • >
-.: .•': ' ~ . .. , .
i'
... ':
,.i ·,,, ......
. , .
~·. ' ... \ ,'• •,,•·
' 'I ·\, ,' ·.
,•
.,.
•
·'
-\
GEORGE B. STEGENGA
ATTORNEY AT LAW
WASifiNr.TON TRUST OLDil.
WASI~INGTON, PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYL, VANIA
ORPHANS 1 COURT DIVISION
IN RE: )
)
ESTATE OF C. R. REYNOLDS, )
)
a/k/a CHARLES REED REYNOLDS, )
)
DECEASED. )
NO. 63-69-85
~4
AND NOW, this J-Cfay of February 1 1970, upon consideration of the
within Petition and the attached statements, it is hereby ORDERED !-hat the said Pittsburgh
National Bank, Administrator C. T .A. of the Estate of C. R. Reynolds, a/k/a Charles Reed
Reynolds, Deceased, is authorized to pay to the Law Firm of McFadden & Park the sum of
Seven Hundred Sixty-two Dollars and Ninety Cents ($762.90), and to pay Walter W.
Gregory, Jr., Esquire, the sum of One Hundred and Fifty Dollars ($150.00), from the
assets of the said estate.
...... J
••
INVENTORY
of all real and personal estate of ....... Charle..s .. Ree.d .. Rey.no~d.s .............................................................. deceased,
late of.. . .h:g).~1!Y..l ... B.!.:Q.! ... #). __ ................. Street ........ ----·--·-----·-·--·-·-··-·.·····-·--····--·--·· City .. ·-----·---·-·--·-·-······ .................. Ward
·-·········································---·················· ....... Borough ..................................................................... T0\\'11ship, Pennsylvania.
PERSONAL ESTATE SCHEDULE
100 shares Gulf Oil Resources Chemical
Cum, Pfd $1.00 Par Value.@36.1875
Dividend Paid 2/1/69 @.32-1/2
500 shares Clayton Silver Mines,
Capital @18.75
1,000 shares Grandview Mines, Capital
@.36
60 shares Gulf Resources Chemical Corp.,
•i .. ,, ..
t ......
Common @28.125
400 shares Silver Seal Inc., Capital
@
4oo shares Silver Surprise Inc., Capital
@.65
20,000 United States Treasury Notes
5% due 11/15/70
Interest 11/15/68 -1/11/69
Cash
2 -Diamond Rings
@97.5625
Land Contract to purchase Lot 1 & 2, Block 1
Second west addition to St. Maries, Benewah,
Idaho in the Original Amount of $50,000
$ 3,618.75
937.50
360.00
1,687.50
1.00
260.00
19,512.50
157.46
7,333.91
550.00
17,000.00
$ 51,418.62
.,. ' '.._.
None
None
REAL ESTATE SCHEDULE
REAL ESTATE IN PENNSYLVANIA
MEMORANDUM OF REAL ESTATE OUTSIDE
THE COMM:ONWEALTH OF PENNSYLVANIA
\
AFFIDA VlT OF EXECUTOR OR ADMINISTRATOR
STATE OF PENNSYLVANIA I
COUNTY OF ALLEGHENY SS.:
Per3onally before me, the undersigned authority, a Notary Public in and for
said County and State, ap?eared Charles E. Enlow, Assistant Vice President,
Pittsbur~ National Bank
who, being duly SW)rn according to law, depose and say that PITTSBURGH NATIONAL BANK
is the ~t:9i=::e:P Administrator eta _o_f_t_h_e __ e_s_t-at_e __ o_f------------~c~n~a~r~r~e~s~Rr.e~e~a~R~e~y~n~olds deceased,
that the foregoing schedules constitute a complete inventory and appraisement of the real
and personal estat3 of Charles Reed Reynolds
deceased, except real estate outside the Commonwealth of Pennsylvania, that the figures
opposite each item of real and personal estate in the foregoing schedules are determined
and stated by the ·J.ndersigned to be the fair value of said items as of the date of the
decedent 1 s death. . , ,
Pittsburgh National Bank
this r;.__&7L/ /J ~~Assistant
By ~ ~ Vice President
~~=9=1= Administrator eta
~V)
~~~
3:
' ~~~ .. bO ~
:.., lGI
(/) , ,--1.. : : s::. -G") ._: ~ : '-4-•r-1:
• ' (V)
"'1 -......._ ~ !! ~~
::::u;~ ~;r'--'Uri~ z _; 1.!1 :::0 : : ~ 0
o rri r.·, : ni·, ro : ~ L(\
--.J : :' : r-1 ~
~ ~
(
~ Y'"l ~
C!-4 ~ 0
;Q
~ 0
rlli 'd;
-1 l
\ ~ rz.t
(.") ::T.l ,-·
0
r-fl
") '
o:
::..:0 :o~J. ?::
'
0 .,., :":
z ~
s:::
' ' -
'
:;:.;
0 :JE __ ,
::t:'11 : " : Q); rni •
~ ~
Q)l
: -A)
:::::r : : oo: ::ji cU -
'
rr:l
r--
• . OJ' H Av
~
- : : ~: Il-l
-or-Z
• ' . E-c
en. 'd:
?-{/)0
-: : rJ)i . ~
~
I 1 I : ~
>
Q):
'"" : : : ~ s::
~
Q)\
' . •. 0
P::!
c:;:) i i !IIi -!-)\ 0 c
z
: :. : .~
wl
: : ! : ~ 00 i : ~: s::
~
O>i
i i ~) -rl •rl
r-fl
. ' . ..q .c
~
Hi
: : 0: rJl
ro:
i i Q)i ~ rJl
.ci
: : ~: ;3::~
ui
i ! ~ ~ : : S:: en 'tj ' ~ Q.l Q.l : 0 r.. ~ ~ ..... 'tj
rz.t < ~
~ ..
... ' J ....
TR-2 REV . .il-62
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF CHARLES REED REYNOLDS, DECEASED
FIRST AND FINAL ACCOUNT OF
PllTSBURGH NRTIONRL BRNK
ADMINISTRATOR C.T.A.
NO. 80763-4
PITTSBURGH, PA. JULY 8, 1970
SUMMARY
SCHEDULE A
PRINCIPAL -PERSONALTY
"-
Receipts Page 4 $ 55,084 25
'-Disbursements Pages 5 and 6 33,912 87
Balance $ 21,171
SCHEDULE B
INCOME -PERSONALTY
Receipts Page 7 $ 1,498 35
Disbursements Page 7 153 32
Balance 12345
NET BALANCE $ 22,516
...
v
38
03
41
I I I
CHARLES REED REYNOLDS
TR·2A REV. 8-82
THE BALANCE CONSISTS OF THE FOLLOWING:
PRINCIPAL -PERSONALTY
Stocks
Gulf Resources and Chemical Corp.
100 shares $1.30 Cum. Conv. Ser. B Preferred $ 3,618 75
Butte Highlands Mining Co.
1,000 shares Common 10 00
Callahan Consolidated Mines, Inc.
5,000 shares Common 2,300 00
Clayton Silver Mines
500 shares Common 937 50
Grandview Mines
1,000 shares Common 360 00
Gulf Resources and Chemical Corp.
60 shares Common 1,687 50 .
Lexington Silver-Lead Mines, Inc.
600 shares Common 15 00
Lucky Friday Extension Mining Co.
500 shares Common 317 50
Nabob Silver-Lead Co. J
500 shares Common 217 50
Nevada Stewart Mining Co.
500 shares Common 217 50
Silver Seal, Inc.
400 shares Common 1 00
Silver Surprize, Inc.
260 $ 9,942 4oo shares Common 00 25
Bonds
United States Treasury Notes Ser. A,5%
$10,000 due 11/15/70 9,756 25
Miscellaneous
Two Diamond Rings $ 550 00
Household Furniture and Fixtures
Delivered
See Exhibit No. 1, page 8 300 00 850 00
Amount forwarded
-2-$ 20,548 50
CHARLES REED REYNOLDS
TR·ZA REV. 8-82
Amount forwarded ~ 20,548 50
Cash 622 88
$ 21,171 38
INCOME -PERSONALTY
Cash 1,345 03
$ 22,516 41
J
-3-
•
CHARLES REED REYNOLDS
TI'I·2A IIlEY. e-tl2
SCHEDULE A
PRINCIPAL -PERSONALTY
RECEIPTS
i970
Apr. 7 Inventory filed $ 51,418 62
Plus -Adjustment -
Amount of dividend omitted on 100 shares
Gulf Resources Chemical Corp. 1.30
Ser. B Cum. Conv. Pfd. -paid 2/1/69
at 0.32-1/2 32 50 $ 51,451 12
June 29 Supplemental inventory filed 3,377 50
$ 54,828 62
Gain on Sale of Assets
1970
Mar. 18 Proceeds sale $5,000 Bonds United States
Treasury Notes Ser. A 5% due 11/15/70,
at 98.375 $4,918.75
Carrying value 4,878.13 $ 40 62
June 19 Proceeds sale $5,000 Bonds United States
Treasury Notes Ser. A 5% due 11/15/70,
at 98.5625 4,928.13 Carrying value 4~878.12 50 Ol 90 63
J
Miscellaneous
1969
Mar. 17 Treasurer of the United States -
Lump-sum death benefits under Social
Security Act 165 00
$ 55,084 25
-4-
..
CHARLES REED REYNOLDS
TR·2A REV. 9-82
1969
Jan.
Feb.
Mar.
Oct.
1970
Jan.
Feb.
Mar.
Apr.
May
June
July.
23
DISBURSEMENTS
Administrative Expenses
Russell Marino, Register of Wills -
Letters testamentary and
renunciation
3 short certificates
Exemplification from the records
24 Washington County Reports -
Advertising letters
19.50
3.00
11.00 $
3
5
3
13
26
13
Observer Publishing Co. -
Advertising letters
State of Idaho -
2 certificates of death of Pearl W.
Reynolds
McFaddin and Park -
Account attorney's fee in re will contest
in Idaho
Premium liability insurance property 801-
805 Main St., St. Maries, Idaho, for
period 1/9/69 to 11/20/69
George B. Stegenga -
Attorney's services
Costs advanced
in re will contest
McFadden and Park -
Balance attorney's fee -Costs advanced
300.00
25.37
607.50
155.40
in re will contest
13 Walter G. Gregory, Jr. -
13
18
4
5
30
2
Attorney's services in re will contest
Russell Marino, Register of Wills -
Costs -filing papers re will contest
and certified copy of order dated
2/9/70
Charges re sale of $5,000 Bonds United
States Treasury Notes Ser. A 5% due
11/15/70, sold 3/18/70
Russell Marino, Register of Wills -
Balance due re grant of letters
Filing inventory
5.00
4.00
Premium liability insurance property
801-805 Main St., St. Maries, Idaho, for
period 11/20/69 to 11/20/72
Russell Marino, Register of Wills -
6 short certificates
Filing supplemental inventory
Certificate fee on transferring sundry
stocks
George G. Stegenga -
Attorney's fee as follows:
1/26/70 -on account
7/8/70 -balanc~
8 Russell Marino, Register -
Filing this account
8 Administrator's compensation
1,000.00
1,700.00
-5-
33 50
14 00
14 00
2 00
250 00
103 00
325 37
762 90
150 00
5 50
20 00
9 00
447 00
6 00
3 00
5 50
2,700 00
20 00
2,750 00 ~ 7,620 77
CHARLES REED REYNOLDS
TR·2A REV. 8-82
SCHEDULE B
INCOME -PERSONALTY
RECEIPTS
Dividends
Gulf Resources and Chemical Corp. 1.30
Ser. B Cum. Conv. Pfd.
100 shares -5/1/69 to 5/1/70 $ 162 50
Interest -Bonds
United States Treasury Notes, 5%
$20,000 -1/11/69 to 5/15/69 $ 342 54 20,000 -5/15/6y to 11/15/69 500 00
5,000 -11/15/69 to 3/25/70 89 78 15,000 -11/15/69 to 5/15/70 375 00.
5,000 -5/15/70 to 6/26/70 28 53i 1,335 85
$ 1,498 35 .
I
.
DISBURSEMENTS
1970
Apr. 13 1969 income tax on accumulated income $ 51 45 July 8 1970 county personal property tax 11 97 Administrator's compensation 89 90 $ 153 32
-7-
' ..
CHARLES REED REYNOLDS
TR·ZA REV. 8-412
EXHIBIT NO. 1
Payments'on Account of Distributive Share:
PRINCIPAL -PERSONALTY
To: Emma Blake -
Household furniture and fixtures -
delivered 5/19/70 $ 300 00
'
I
MCD:rw -8-
CHARLES REED REYNOLDS
TI'I·2A I'IEV. e-e2
Amount forwarded $ 7,620 77
Preferred Debts
1969
Feb. 3 Graham P. Cowie son Funeral Home -:
Funeral expenses $ 1,892 25
3 George B. Stegenga -
Expenses for accompanying remains to
St. Maries, Idaho 300 00
3 Emma Blake -
Expenses for accompanying remains to
St. Maries, Idaho 174 36
Mar. 25 The Washington Hospital -
Hospital expenses 43 20
Nov. 20 Browning Funeral Home -
Completion of inscription on grave marker 50 00 2,459 81
Other Debts
1969
Mar. 20 1969 county personal property tax 32 29
Other Taxes
1969
Aug. 29 Russell Marino, Agent -
On account inheritance tax -15% of
$22,000.00 3,300 00
Miscellaneous J
1970
Apr. 27 Sanford S. Finder, Esq. and as attorney for
Robert Blake -
Cash settlement account agreement of
compromise in will contest $ 3,500 00
May 8 Land contract to purchase lot 1 and 2,
Block 1, Second West addition to St.
Maries, Benewah, Idaho -awarded to
Stanley L. Resor and Mamie Resor by
Judgment at No. 3767 in the District
Court of the First Judicial District of
the State of Idaho in and for the County
of Benewah 17,000 00 20,500 00
$ 33,912 87
-6-
,0 I
•
1WJI
Obse.r -Reporter
WASHINGTON, PENNSYLVANIA
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of 16 May, 1929,
P. L. 1784, as amended.
Commonwealth of Pennsylvania, County of Washington, SS: ........... .
Personally appcal'cd before me, a Notary Public in and for said County
and State, ........ Ri&h~.T..Q .... $ .. L .. Q.o.w.a.n. ................ , who being duly s•worn
according to law, deposes and says tha;t he is the ..... $..e.!;.t'.et..a.ry ........... .
of the Obs,erver Publishing Company, a P>enns.ylvania corporation, and its
agent in this behalf; that the said Company is the owner and publisher of
the Observer-Reporter, succ1essor to The Washington Observer, established
September 18, 1871, and The Washington Reporter, established August 15,
1000, a daily ncwGpapcr of gonoroJ circulation, printed and published and
having its place of busines's at Washington, Washington County, Pennsyl-
vania, where it or its predecessors have been established and published
continuouoly for moro than oix montho, priol' to tho publication of the notic'il
hereto attached; that tho printed notice or advertisement hereto attached
i.o a eopy of an official ndvortioomont, official notioo, logal notico or legal
advert~s:mcnt, exactly nQ printed or publiohod in tho Obc'orvor-Roportor in
itrJ re;;illar editions on the following d,ato or dates;
--···-------------·---------}.-~_p_~-~-rY ... ~.9. __ , _____ f.~_Qr.~-~X.Y. .... ~----~-n.g ____ l_4 __ , _____ 1-_9._9.9
that neither tlro affiant nor the Oboorvor PUbliohing Company is interestl:"3d
in the subject matter of said notice or advertioing and thn,t all of the allegar
tion:J of thi3 affidavit no to tho time, place and characte publication
are true. -------·--·--·----··-·-·fi::_~-~£. .. ,d ...... CI:t..~ .... "'-"'-····
e
Sworn to and subscribed before me this.l2 ..... day of ... fe.b.r.ua.ry. 1969
w. 26752
... 'ff~..-,;q')Jt(~~·
•.:M'IG.~~\: r.i. B~ADLEY, NOTARY PUBU~
WASh!,,[,,Q,;, l'iASHINGTON COUNTY
MY COMMISSION EXPIRES MAY~:: 107?
.-
~' lVas~on Co~ Repo~
63 SOUTH MAIN STREET
Washington, Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
\ In compliance with the Newspaper Advertising Act of May 16, 1929, P. L.
1~4 Sec. 3, paragraphs (3) and (25).
CoUNTY OF W ASHINCTON}
STATE OF PENNSYLVANIA SS.
Personally appeared before me, a Notary Public in and for said County and
Commonwealth, CHARLES C. KELLER, who. being duly sworn, deposes and
says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the
official legal periodical for said Washington County, published weekly having its
place of business at Washington, \Vashington County, Pennsylvania, and is act-
ing as its agent in this behalf; that the said WASHINGTON COVNTY
REPORTS was established on March 31, 1920, and was designated as the official
legal publication for Washington County, Pennsylvania, by order of the several
courts of said County, dated November 11, 1920; that the printed notice or adver-
tisement attached he1t!Lu is a copy of a notice or advertisement, exactly as printed
or published, which appeared in the said legal periodical in its regular issues on the
following dates:
......... ..E.e.br.uar.y. ... 6 . ., ... 13.,. ... 20.,. ... l.9..6.9 ........
that the affiant or the corporation in behalf of which he is acting is not interested
in the subject matter of said notice or advertising and that all of the allegations of
<hi• •ffida~ Ume, pi"' "~'"" ~pobli"ti'" •re '"''· VLfu ........ : ...... i. .. ~!!: .. ~.t.~~ ........
~------.. Editor
Sworn to ~ribed. before m~thi~--~·-~~~--! .~·~,·-~·: ·--------. . ., . ~"''· ~~ -;.~, r, ...... .2.0th.day of...Eeb.ru.a.r:y. ................. , 196 .. .9.... ' •'''~-'-:'0ef~~·~Q~7-.9:~·
... ~~;_f!?_je;;-<;;:;;;;;·
KATHERINE C. YARD, Notary Pubnc
Washington, Washington Co., Pa.
My Commission Expil'1!s
November 1, 1969
.._._....
Estate~ces
The er of Wills has granted letters,
testamen ary or of administration, in the
following estates. Notice is hereby given
to all persons indebted thereto to make
payment without delay and to those hav-
ing claims or demands to present them
for settlement to the Executors or Admin-
istrators or their Attorneys.
•••••••••••••••••
' ------· ----, 'REYNOLDS, CHARLES REED, Dec' d. I
1 Late of Amity, R. D .. #1, Washing-
1 ton County, Penna. ·
, Administrator C.T.A.: Pittsburgh Na-;
I tiona! Bank, 6 S. Main St., Wash-1 ington, Pa. 15301
Attorney: George B. Stegenga, Was~-
1 ington Trust Bldg., Washington, Pa. 15301
l
'
!.
SUPPLEMENTAL ...
INVENTORY
of all real and personal estate of ...... Q~-~!~-~~---~~-~~---~~-Y.~~-~~-~-----··········································· ............. deceased,
late of ... ~~~-~y_, ____ B.!.P...• .... #.J: ................... Street ....................................................... City ............................................. Ward
···································-----------------------------....... Borough ..................................................................... To\\'Dship, Pennsylvania.
PERSONAL ESTATE SCHEDULE
1,000 Shares Butte Highlands Mining Company
Common @ .01 $ 10.00
5,000 Shares Callahan Consolidated Mines, Inc.
Capital @ .46 2,300.00
6oo Shares Lexington Silver-Lead Mines,
Inc. , Capital @ .025 15.00
500 Shares Lucky Friday Extension Mining
Company, Capital @ .635 317.50
500 Shares Nabob Silver-Lead Company, Capital.
@ .435 217.50
500 Shares .Nevada Stewart Mining Company,
Capital @ .435 217.50
Household Furniture & Fixtures 300.00
:$ 3,377.50
/
-· ....
"See Original"
"See Original"
REAL ESTATE SCHEDULE
REAL ESTATE IN PENNSYLVANIA
MEMORANDUM OF REAL ESTATE OUTSIDE
THE COMMONWEALTH OF PENNSYLVANIA
AFFIDA VlT OF EXECUTOR OR ADMINISTRATOR
STATE OF PENNSYLVANIA ~ SS.: COUNTY OF ALLEGHENY
Personally before me, the undersigned authority, a Notary Public in and
said County and State, appeared Charles E. Enlow, Assistant Vice President,
Pittsburgh National Bank
who, being duly sworn according to law, depose and say that PITTSBURGH NATIONAL BANK
for
is the~~ Ad,11inistrator c.t.a.
of the estate of Charles Reed Reynolds deceased,
that the foregoing schedules constitute a complete inventory and appraisement of the real
and personal estate of Charles Reed Reynolds
deceased, except real estate outside the Commonwealth of Pennsylvania, that the figures
opposite each item of real and personal estate in the foregoing schedules are determined
and stated by the undersigned to be the fair value of said items as of the date of the
decedent's death. Pittsburgh National Benk
Sworn and subscribed before me )
this -'.!)_day of ~kl!!o::::: 19_p) /'9 / 11 ~ A /J Assistant ~--~~~------·-~-r-~,~~-----~--------~Vice Pres.
~ ~ o)
'l"'i
Ci-4 0
'
\ol ~
' '
ci z
.~ ••
?adL F ,6!;t:_"
Notary P~blic
MABEL E. RUTAN
NOTARY PUBLIC
WASHINGTON, WASHINGTON COUNTY, PA.
r,•y COMMISSION EXPIRES FEBRUARY 1, 1973
' ' '
' HI~
~~~ ~ E-110 ~ ~lot ~ Zl~ 0 f-ill l':z;l ~~z E-4 ~ f-ill~ 00. HI l':z;l
P-11>
P-ilz
:::>1~
(/)I -~
) By
)
' :'tt :GI
1i :u
roia 'di rli o: s::: ~
())i
~l
roi
<Lli ~ ~1
rd. (U . rl! ~ ~
~:z'&e:r or Administrator c. t. a.
-~ -r~
c:=> ... ~ ...
t:::'1 r--· C"J --i '
)"""'.,..., ~-· 1 l
:::-::> c-..:;
~ ...
~
!'-I
bO ...........
$:! . ~ .rf: u ~-rl orE
~ ~ :t Q .pi
~ ~ ~ <U P;~ +J E-li r;j -.-L. d S::C>Q + 0: .8~ j:Q .j.)(
aj be ~~ ~ uo .,...c •rl C\. 8 ~ ..c:
0 rJ1 rJl ~ ~ cO e, ~ :;;:
~ C1) rn = r:n
'"' f "0 0 C1) C1) .... "0 -&: .... "0 ~ < <
lfn tqr <.0rp QUU!i. 0Inurt nf lfaHQingtnn QI:nunty
In the matter of the Audit of Account in
E•mteof ~/( ~ ~
·~~J--1
No. LZ_,;-(, ?-~
TO THE AUDITING JUDGE:
__.---::
Enter ~ appearance for·----t.ff§E::...· ·..!.~~--=~----------------------
N. B.-counsel shall, by separate paper, present a concise statement of each
claim, with supporting calculation of any interest claimed. Objections
to an account as filed, shall be concisely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
J
t,.,
I .f.· t ~;· ' .
No. ___ , ---------• 19 ____ , A.A.
In re Audit of Account in Estate of
AUDIT
Jrarriyr _fnr 1\liJ;traraurr ~-'.,) ··--. )> P1 :::lJ en o c-_!'OR c::::J -•.
...,--::_{/) , .. '
I
.:; rn ('"
---' -l ~ , . '-..> . l I
---·-----_ _..) ...... i = : :;;.~ ::;:_· :c·· ____ --, --~
----0 1 ,;;;.:_ 'lJ .,----
---: )::.~ ! --.:
(J) en z _..,. l"'"-.!
-· ----rv rz ~ ·------
1"'..1
Attorney
·-·-=· =============
_,fif~n 2.
PETITION SUR AUDIT
Testate Form J
IN THE ORPHANS' COURT OF WASHINGTON COUNTY
Estate oL~!:~~~~~--~~~~--~~Y.~~-~~-1'!-------------------------------·--No. __ -~~~~::~?.--__ ----------------..... ---.. :_-----------------
______ §:if:i§: .. ~.!---~-~---~~.Y.n9.t.<l§J ______________________________________________ _ Fiduciary .. J?.U.tJ:iJ:mxgh .. N~_t;j._QXJ,.c;t_l __ ]_<;i.JJ.k ______________ _
----~-~!!1-~.t:l:~~-~-~-~~-~-~---~-~-~~-~!~------------------------------------·
Deceased
Date of Date of
Decedent's death ... J§!:g~§!:~Y. .. U ,_ .. 19.~9. ___________ --___________ .. ____ Grant of Letters .... J§!:!!!-!~~Y. ... ~-~-1-.J-~-~-~-. ----------------------------
This is the ... ..F.ir.s.t. .. and .. EinaL ________________________________________ account filed in this estate
If there have been former accounts filed in this estate, list file number or number and term .. ~~~-:---~-~-~-:-~--------------
Election to take Not applicable
Under or Against will. (cross out one)
Date Election Place of;.
Filed ----------------------------------Record · ------------------------------
Name of surviving spouse ___ _l?..~-~~~~~~--~~~--~--~~~~~.E::': _______________________________ _-______________________________________________________________ _
List issue, where material:
None
Did decedent marry after execution of will? (indicate) Y¢1-(No) Any children born after execution of will? (indicate)
Y F~-( No) If answer yes, name them·--------------------------------------------------------------------------------------------·------------------------------------
Legatees Relationship Interest Fiduciary, if deceased or not sui juris
Don R. Blake Nephew Died January 18, 1968
Ennna Blake Niece-in-law Entire Net Estate
List, if exceptions to above: Adeemed: Revoked: Lapsed: Abated: Give Cause:
Don R. Blake predeceased decedent on January 18, 1968
If partial intestacy, give facts:
None
Notice to interested parties. Have all parties, having either vested or contingent interests and all crediors entitled
to notice (Court Rule No. 9 paragraph C: Section 6: Subdivision c) received written notice of the filing of the account
and of call of audit? (Yes.) 1\}'cf.
If any exception give cause: .. ~<.?---~~~~P.~~9.!'!~------------------
File copy of Notice
and date of mailing ..... .J~JY .. J.~-'---~-~.?.9. ........................................................................................................................ .
"
Is estate subject to the filing of a Federal Estate Tax Retu~n? .... N.R .............................................................................. .
'
Actual payment made on Pennsylvania Transfer Inheritance Tax. Amount $ ... ~.3.,.3.QQ!_QQ .. E~~~--.Q!L~ff_g~~-t. .....
pn August 29, 1969
If the Will makes any portion of estate subject. to a life-estate, give name and birth date of life tenant.. ................... .
........... N.<?.t. .. <il.P.PJJ.c;:_c;t_I?J.t? •..•.••••••••••••..•.•.••..••........•...••.............••.•.•..••...•.•••••••. ~ ..•.•.•..••.••.......•....•...••••••....................••..•.•....
Give Names and addresses of all unpaid creditors who are legally entitled to notice, together with the amounts
of such claims; state .whether they are admitted to be correct; and whether the claim is denied.
Department of the Treasury, Bureau of Public Debts, Chicago,Illinois 60605
Claim of $974.70 for Interest improperly paid on United States Savings
Bonds, Series "H" from January 1, 1961 to January 1, 1969 -Admitted
McFadden & Park, 116 South Eighth, St. Maries, Idaho, 83861
Claim of $150.00 for Attorneys Services in re-Appearance in District
Court, Negotiating Settlement with Stanley Resor and Release of Personal.
Property -Admitted
Give reference to such parts of the will as require interpretation by the Court; a reference to all questions re-
quiring adjudication, and a statement of any other facts deemed necessary for the preparation of the adjudication:
None
Balance for distribution per account,
Itemize any additional debits not shown by account: $ ... .'?-.f..,.~J.9 .•. ~J .............. .
See Schedule "A" attached
Total addition.!ll debits (Add) $ .. ----~Q?.!.lL ............... .
Itemize any a;ddition~l credits not shown by account:
See Schedule "B" '-'attached
..• !:
Total additional credits (Subtract) $ .. f~?.~9. .•. ?.Q ................. .
Balance for distribution $ . .?.Q1.?.~-~--~Q?. ............... .
If balance for distribution is not in cash, list each item held in kind, giving appraised Value (or distribution Value);
See Schedule "C" attached
...
Schedule "A"
Additional Debts (not shown by Account)
Principal:
Profit on Sale of $10,000.00 par u.s.N.
Treasury Notes, Series A, 5% due 11/15/70
Sale Price
Cost
Income:
Gulf Resources & Chemical Corp. Cum.
Pfd. Dividend
Accrued Interest on $10,000.00 U.S.N.
5% Treasury Notes sold 8/28/70
Schedule "B"
Additional Credits (not shown by Account)
Principal
Russell 1-'Iarino, ~gister .: Two Short Certificates
Additional Charge on Transfer of Securities
The following stocks reflected in Supplementary
Inventory found to be valueless and charged off
due to assessments thereon having not been paid
during lifetime of decedent:
500 shares Nabob Silver Lead Co1;~
5,000 shares Callahan Consolidated Mines, Inc.
600 shares Lexington Silver-Lead Mines, Inc.
Pittsburgh National Bank -Compensation
Income
Pittsburgh National Bank -Compensation
$9,886.25
9,756.25
32.50
142.66
$ ~217.50
2,300.00
15.00
$ 130.00
175.16
$305.16
2.00
8.00
2,532.50
6~50
$~,549.00
10.50
$2,559.50
Schedule "C"
Balance for Distribution consists of
Stocks:
100 shares G,ulf Resources & Chemical Corp.
$1.30 Cum. Conv. Series B Preferred Stock
1,000 shares Butte Highlands Mining Co. Connnon
500 shares Clayton Silver Mines, Connnon
'1 000 . ~ shares Grandview Mines, Conunon
60 shares Gulf Resources & Chemical Corp., Connnon
500 shares Lucky Friday Extension Mining Co.,
500 shares Nevada Stewart Mining Co., Common
400 shares Silver Seal, Inc., Common
400 shares Silver Suprize, Inc.
Advance Distributions:
To Emma Blake:
Household Furniture and Furnishings
Two Diamond Rings
Principal Cash
Income Cash
Conunon
$300 • .00
550.00
$ 3,618.75
10.00
937.50
360.00
1,687.50
317.50
217.50
1.00
260.00
850.00
10,492.63
1,509.69
$20,262.07
•
PITTSBURGH NATIONAL BANK
PITTSBURGH, PENNSYLVANIA 15230
Mrs. Enaa Blake
R. D. 11
Amity, Penna.
Dear Mrs. Blake:
July 14, 1970
We enclose herewith copy of our First and Final Account as Administrator c. T .A. of the Estate of. Charles'. Reed Reynolds • deceas.ed, which account
we have thb day filed ~n: the' office of the RE!gister of Wills of Washington
County to No. 63•69-85:' ·
This account will be presented to the Court for confirmation on August 31,
1970 and wttl again coiDe befote the Court for audit during the weelt beginning
September 14, 1970.
At the time of' the presentation of the Petition for Audit in this Est,ate,
we wUl present the claim of the Division of Loans and Currency, Bureau of
Public Debt, The Department .of the Treasury, in the amount of $974.70, and
the cla~ of MCFadden & Park, Attorneye, in the amount of $150.00.
Ve, alto, enclose herewith Certificate No. 597, representing 5 shares of
the Capital Stock of Stcurity Life and Annuity Company of Americt registered
tn the Mme of C. a. keynolds, which we have fouad to be valueless. Attached
to said Certificate is receipt therefor, which we would be pleased if you
would sign and return to us ~n the enclosed aelf•addressed envelope supplied
for that purpose.
We trust we have handled the administration of tbis Estate of your entire
satisfaction.
Sincerely yours,
~
Chas. E. Enl~
Assistant Vice President.
•.
}'
PllTSBURGH NRTIONRL BRNK
PITTSBURGH, PENNSYLVANIA 15230
July 141 1970.
Mr. J. D. Dugan, Chief
Division of Loans aad Currency
The Department of the Treasury
Bureau of Public Debt
536 South Clark Street
Chicago, Illinois 60605
Dear Mr. Dugan:
le: CR: C•2 Pearl W. Reynolds
'l'his .if to advise that we have. thia day ·filed ou~ First and
Final Ac.coont as· Adainiltra.tor c :r .A. of the !a tate of Charles
Reed Reynolds, deceased, in the office of the Register of Wills
of Washington. Cqunty, ,·PegntylvaniS, to. No. 63.;.69·85. ' . . . . . .
Thie account will be presented to the Court for confl~tion
on August 31, 1970 end. will as;a·in come befo,-e the Court for audit
during the .wee~ beginnins~<septenmer 14, · 1970.·
Yours very truly, ~~~
Chas. £. Enlow •
Assistant Vice President.
,
PITTSBURGH NATIONAL BANK
PITTSBURGH, PENNSYLVANIA 15230
MeFndd~n & Park, Attorney~
at Law
116 south Eighth
St. Maries, Idaho ' i''"
Gentlement
July 14, 1970.
This is t~ advitle th~t "et have this day filed our First
and Final Account aa Administrator C.T.A. of' the Estate of
Charles Reed Reynolds, deceased, in the office of the Register
of Willt of Washington County, Pennsylvania, to No. 63·69·85.
This ,ccount will be presented to tho Court for confirmattotl
on August 31, 1970 and will agatu come before the Court for
audit during the week beginning September 14, 1970.
Yours very tru ,
~ Chas. B. Enlow,
Assistant Vice President.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS' COURT DIVISION
NO. 63-69-85
RECEIPT
And now, this 21st day of August 1970, I, Emma Blake,
hereby acknowledge to have received of and from Pittsburgh National
Bank Two Diam~nd Rings appraised in the Estate of Charles Reed
Reynolds, deceased, at a value of $550.00 and hereby authorize said
Pittsburgh National Bank to take credit for same as an advance dis-
tribution to me from the Estate of Charles Reed Reynolds, deceased,
at the time of filing their Petition for Audit in connection with
said Estate.
WITNESS:
•
RECEIPT
And Now, this _LfJ_ clay of Mny, 197011 I, &ana Blake,
horeby aekoowlodge to have received of sad frcm Pl.ttoburgb Natlonal
Bank, Adm1~istrator c.t.~;. of tho Estate of Charles Reed Reynolds,
daceao.cd, tho apattlllOnt furniture aDd fl.xturos appraised at a fJ.gul'o
of 1'hroo Uundred Dollars ($300.00) and horoby autborize said Pittsburgh
~latlonal Jklnk to tAke credit for oame oo an adv.anco distribution to me
tn thou Ftrot and Vinal Account 4lld the Audit:. tbotoof in the Batate of
Cbuloo R.ced Royaoldo. dec.eaocd.
wrnmss:
•
Amity, Pennsylvania
April 28, 1969
TO: PITTSBURGH NATIONAL BANK,
ADMINISTRATOR C. T. A. OF
ESTATE OF CHARLES REED
REYNOLDS, DECEASED
I, the undersigned, EMMA BLAKE, legatee under the Will of Charles
Reed Reynolds, deceased, do hereby elect to take in kind as a part of the
distributive share due me from the estate of Charles Reed Reynolds, deceased,
the following:
100
500
1,000
60
400
400
shares
shares
shares
shares
shares
shares
Gulf Resources & Chemical Corp.
$1.30 Series B.Cum. Conv., Pfd. Stock
Clayton Silver Mines, Capital Stock
Grandview Mines, Capital Stock
Gulf Resources & Chemical Corp.,
Connnon Stock
Silver Seal, Inc., Capital Stock
Silver Surprize, Inc., Capital Stock
Two diamond rings
Article of Agreement for sale of lots
Nos. 1 and 2, Block No. 1, Second
West Addition, St. Maries, Benewah
County, Idaho
and I do further authorize, empower, and request you to make distribution to
me in kind of said securities, jewelry~· a~d Article of Agreement, and hereby
release and discharge you as Administrator c.t.a. from any and all liability
for any depreciation or change invalue of said assets held by Charles Reed
Reynolds at the time of his death.
Ennna Blake
WITNESS:
Amity, Pennsylvania
May 18, 1970
TO: PITTSBURGH NATIONAL BANK,
ADMINISTRATOR G. T. A. OF
ESTATE OF CHARLES REED
REYNOLDS, DECEASED
I, the undersigned, EMMA BLAKE, legatee under the Will of Charles
Reed Reynolds, deceased, do hereby elect to take in kind as a part of the
distributive share due me from the Estate of Charles Reed Reynolds, deceased
the following:
1,000 shares Butte Highlands Mining Company,
Common Stock
5,000 shares Callahan Consolidated Mines, Inc.,
Capital Stock
600 shares Lexington Silver-Lead Mines, Inc.,
Capital Stock
500 shar.es Lucky Friday Extension Mining Co.,
Capital Stock
500 shares Nabob Silver-Lead Company,
Capital Stock
500 shares Nevada Stewart Mining Company,
Capital Stock
and I do further authorize, empower, and request you to make distribution to
me in kind of said securities and hereby release and discharge you as Admin-
istrator c.t.a. from any and all liability for any depreciation or change in
value of said assets held by Charles Reed Reynolds at the time of his death.
Emma Blake
WITNESS:
If F ·1 E t" I · , d b P · · · I f R d· No applicable amr y xemp ron c arme y etrtron, grve pace o ecor ................................................................................. .
If Family Exemption is claimed at audit, give name, relationship and basis for Claim: ...... ~-~-~-~-~-~~-~~-~~---·················
List any advancement or distribution on account that has been made, and nature and amount of same:
The following Advance Distributions have been made to Emma Blake, sole legatee:
May 19, 1970 Household Furniture and Fixtures
Aug. 21, 1970 Two Diamond Rings
$300.00
550.00
Suggested distribution of balance shown, both as to principal and income, attaching signed and itemized elections
to take in kind if balance is not in cosh: residuary shares being stated in proportions:
To Emma Blake -Entire Balance, including items set forth above in kind
'(credit to b~ taken for Advance Distribution)
(See Election to Take in Kind attached)
COUNTY OF WASHINGTON, SS:
COMMONWEALTH OF PENNSYLVANIA
The above named Fiduciary or representative thereof,
being duly ... ~WQIJL ....................... doth depose and say
that the facts set forth in the foregoing petition are true And your petitioner will ever pray, etc.
to the best oL .... his ......... :.: ........ knowledge and belief .
.... ?.VJ.~"£~--------~---··············--·to and subscribed before
me this . ./.Q. ........ day ~~-~.P.t.~ml?.~;-................... 19).?.Q ..
Signature of Officel.d..~.~-
Title of Officer ...... ~'":. .... a.e ... ~---···········
Pittsburgh National Bank
By . -............... ·········'······ .................................................... .
Assistant Vice President
Office expires ................................................................. .
~ .. ... . ~
•
No .. 19.6.9..=:.85. .................................. , ........ .
Estate of __ <;:_~~-!'-~-~~---g.~~~--~~Y.~~~~~---··········-
.. aLkLa .. C.~ .. R •.. B.e.y.noJ .. ds .............................. .
Deceased
l
Fiduciary .... J?itts.hur:gh .. Na.ti.o.nal. . .B.ank. .....
........ f.~-~-~A--~---··················································
PETITION SUR AUDIT
FROM WHERE DECEDENT LEFT A WILL
Counsel of Fiduciary will submit herewith the
following, in conformity with Court Rules
adopted effective December 3, 1951, being
rule No. 9: paragraph b-e; and divisions
thereof: shown on pages 23-24.
1. Written praecipes of all Counsel in the
case.
2. Copy of order appointing Guardian ad
litem, if pertinent.
3. Copy of Order appointing Trustee ad
litem, if pertinent.
4. Proof of service of above.
5. Letters Testamentary or Administration
C. T. A or an attest copy of Will.
6. Copy of inventory and appraisement.
7. Proof of advertisement of grant of letters
if not filed with account.
8. Certificate of liens in case any of the
funds for distribution are from judicial
sale of real estate.
9. Signed and ·itemized elections if any
distribution in kind.
10. Copy of Federal Estate Tax return if es-
tate is subject thereto.
George B. Stegenga ................................................... --------------· ----------------------------.. --.
Attorney
""~2
., I
'tid '·oa f,fOJDNIIISV;~~
S lll !.i .:1 0 ~~ 3 .LSi J 3d
0 NIB '·,t :,: ··, ·7 J S S n cJ
i J ~J.J , .. ·-on' -wi J.J .:..~
: fJ..... ·:.t ·--~· ! ~'
\ .-J l -~1
ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
· ·rn re Estate of
No.?~~()?.~~?. .... 6i ref .......... ..
Deceased
RECEIPT
Department of The Treasury, Bureau of
KNOW ALL MEN BY THESE PRESENTS That If, l.':tJPliG D.e.bt.s.,. by. and .. thro.Ugh .. Unit;ed
States Attorney for the Western District of Pennsylvania
do hereby acknowledge to have received from PITTSBURGH NATIONAL BANK .Adrninis.tra.tor ..
G .•... ';l; ..... A •.. of the Estate of .Ch.~:d~s. R~.e.d .Reynolds .............................................. , Deceased,
the sum of .. Nin~ h:tJn.dr~.d. seventy.":"four. and .70/100 ....... (.$.9.74 • .7.0.). ...................... dollars, in
full payment of the amount awarded me under the decree of the Orphans' Court of Wash-
ington County entered ~C:~0~E!l: }~. . , 19 ?9 ..... , at the above number and year; and I do
hereby authorize and empower the Register of Wills in and for said county to enter and file
/
this receipt. Pittsburgh, Pennsylvania
In witness whereof, I have hereunto set my hand and seal at ~~~~~-:-.~t.~~~ ............. .
.. ........... , this ... 6..~ .. day of D~ ............... A.D. 19 .. ..'?0 ..... .
B~~~~§:~LZ~ (SEAL)
Assistant United States Attorney WITNESS:
17-9:!14 REV. 3·6!
''
·_ (J~ -.-~
r
'. '
Slll/,\ -~0 ;:::H.S.!~3tl
f.· .. or{lll~·H;'}r~~j·ssh~J ,
._,
,(-' ~ '
'",,r . --t'
: '. J '~ • I ....
....
':. I ·, . J: ... -....,, ..
,..,_ -'"\ .
•• .} ,; ··' ... : -t •. : • . ; •.
i
m I
~ I I
""' I m I 0 I ,.
I
0 I f1l 0 ~ f1l )> (/)
f1l i 01
·-
ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
in t•e Estate of
CHARLES REED REYNOLDS ., ····· ........... '' ........ .
Deceased
?
)
RECEIPT
No.~:3.-:.~.~.-:.~.~ ..... M bL ..........
KNow ALL MEN BY THESE PRESENTS That A, Mc.FADDEN .. & .. PARK . '' ' .. '' ''.' '' ''.' '''' '.'''.' '''.'.'
do hereby acknowledge to have received from PITTSBURGH NATIONAL BANK ... Administr.ato.r .
. G •.. T..,. A •. of the Estate of .... C.har.l.e.s .. Re.ed. Re.y.no.lds ................................................. , Deceased,
the sum of . Qrle. l1..u1:1.d.~.e.d .. f:~.~ty .~~9, .0.0/JOO. ................ ($J..5.0 •. 00L ..................... dollars, in
full payment of the amount awarded me under the decree of the Orphans' Court of Wash-
ington County entered .D:c.t.obe.r .2.9 ...... , 19.7.9 ..... , at the above number and year; and I do
hereby authorize and empower the Register of Wills in and for said county to enter and file
WITNESS: .
· ............ ~~-} .. · ... ~~-················: ........ .
17·934 REV. 3·83
-. ':" ..
( : ; ; ~-~ : ... . ' ....• -....
' --~ : . . ' ,, .. '· .. •{
!.J .. '-.' . . ~ . '
.i ~ ... : ~ : .: .l! .
. I
I
~
I !
I
I I
m I ~ I
-f I m
0 I ,.
I
I
~
r r I
COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re Estate of
Charles Reed Reynolds a/k/a
C. R. Reynolds
Deceased
)
)
)
)
)
Receipt
No. 63-69-85
KNOW ALL MEN BY THESE PRESENTS That I, Emma Blake, do hereby
acknowledge to have received from PITTSBURGH NATIONAL BANK Administrator
C.T.A. of the Estate of Charles Reed Reynolds a/k/a C. R. Reynolds,
Deceased, the sum of Fifteen thousand seven hundred fifty-one and 62/100
($15,751.62) dollars made up of the following items
Cash
Household Furniture and Furnishings
Two Diamond Rings
100 shares Gulf Resources & Chemical
Corp. $1.30 Cum. Conv. Series B Pfd. stock
1,000 shares Butte Highlands Mining Co.
common
500 shares Clayton Silver Mines, common
1,000 shares Grandview Mines, common
$ 7 ,491. 87
300.00
550.00
3,618.75
60 shares Gulf Resources & Chemical Corp. com
500 shares Lucky Friday Extension Mining
10.00
937.50
360.00
1,687.50
Co. com stock
500 shares Nevada Stewart Mining Co., com
400 shares Silver Seal Inc. com
400 shares Silver Surprise Inc.
317.50
217.50
1.00
260.00
$15 '751.62
in full payment of the amount awarded me under the decree of the Court
of Common Pleas of Washington County, Orphans' Court Division entered
October 29, 1970, at the above number and year; and I do hereby authorize
and empower the Register of Wills in and for said county to enter and
file this receipt.
In witness whereof, I have hereunto set my hand and seal at Washi~gton,
Pennsylvania, this /1 day of #}j(Zaad; A.D. 1971.
Witness:
t:_-" I f J;-. n I I Lt .. .,,_,.
'7 I f'1AR I 6 AM II 4 8
. HU:3SELL ),LAHINO
REGISTEH OF WILLS
WA,SHINGTON CO .. PA •.
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
j
I
j
j
,
e
4; z ~ ~ Ill z z
1111 a.
i 0 ~ u z x Ul ;
~ a: ~ Ill Q e ... c(
0 Q
:I "'I
~ " ai .:
= .: 0 L Ill .:
~ 1: :I 0 u ... o( ij
ii: !L ;)
e
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF )
)
CHARLES REED REYNOLDS, a/k/a )
)
No. 85 of 1969
C. R. REYNOLDS, )
)
Deceased. )
HEARING ON AUDIT
BEFORE: THE HONORABLE PL VINCENT MARINO, Judge
of the said Court.
APPEARANCES: GEORGE B. STEGENGA, ESQ., of Washington,
Pa., representing the Accountant.
TIME: Tuesday, September 15, 1970, at 10:00 o'clock
A. M., EIE T.
THE COURT: Number 85 of 1969, the estate of Charles Reed
Reynolds, deceased. The Administrator CTA is Pittsburgh National
Bank and the attorney is George B. Stegenga. Mr. Stegenga?
MR. STEGENGA: If the Court please, I have here all the necessa
papers. This estate, as Your Honor well knows, was subject to
some litigation which has all been terminated. There are no proble
no complications. All claims that have hot·been paid will be paid.
There are a couple that are in the process of being paid but are so
noted in the papers.
2 -, '/ ------!lr-------------------------------------------~------------------------~·------Is there anyone else in Court interested in this
e
e
THE COUR'lr:
decedent's estate?
( NO RESPONSE )
THE COURT: The audit of this account is ordered closed by the
Court.
(AUDIT CLOSED)
..
2
I hereby certify that the proceedings and evidence are contained
... > g fully and accurately in the notes taken by me on the hearing of the above
z z Ill II; cause1 and that this copy is a correct transcript of the same.
z ~ Ill z x ID ~
~ it ...
Cll Q
..1 o(
6 o :I "I
5
IIi I: Ill ... I: 0 L Ill I: ... a: :I 0 u ... ol(
ij
ii: 'II. :)
The foregoing record of the proceedings upon the hearing of the
above cause is hereby approved and directed to be filed.
In t4r atnurt nf Qtnmmnu Jlrus nf ltual1iugtnu Qtnuuty,
Jruusylnuuiu, ®rp4ttns' Qtnurt 1llitrisinu
ESTATE OF No. __ ....:::.6..t...3--=6~9_-8=..,5:::__ _____ _
Charles Reed Reynolds a/k/a
C R Reynolds •
In the matter of the First and Final
Account of Pittsburgh National Bapk
deceased, Administrator C T A
ADJUDICATION AND DECREE
And now October ~L , 19_1Q_, this matter came on for hearing,
audit and distribution at this session and testimony taken; and thereupon, upon due consideration
thereof the balance for distribution in the hands of the Accountant is determined to be
$ 20,262,07 and the account is accordingly confirmed; and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof, unless exceptions hereto be filed
sec. reg. or an appeal be taken herefrom sec. leg.
SCHEDULE OF DISTRIBUTION
Balance per account ________________ _
Additional debit asked at audit
Addi tiona.l credit asked at audit
Balance ________________ _
Deduct Clerk's Costs & Receipts & unpaid costs
At'torney· __ --l=G~e~o:..~r..r~g~e--==B:.a.. -.::::.S.=.t~e.e..g::::.en~ge.:a::::,._ ____ _
blic Department of the Treasury, Bureau of Pu
Debts, Chica.go, Ill,, 60605, claimant,
McFadden & Park, claimant, Attorney's se
Russell Marino, Agent, transfer inheri ta
tax, $322
Interest from 4-11-70 to 11-6-70 11
rvices,
nee
3.51
0.24
ehold
and
is tri-
Emma Blake, residue, including cash; hous
goods and furnishings; two diamond rings
the following assets, held in kind and d
buted. as such at the appraised value, cr
be ta.ken by the accountant for funds and
advanced prior to distribution by the Co
edit to
items
urt; -
100
1000
500
1000
60
500
500
400
400
sha.res Gulf Resources & Chemical
Corp. $1.30 Cum Conv. Series B
Pfd. stock,
shares Butte Highlands Mining Co.
common
shares Clayton Silver Mines, com
shares Grandview Mines, com
shares Guld Resources & Chemical
Corp. com
shares Lucky Friday Extension
Mining Co. com stock
shares Nevada Stewart Mining Co, co
shares Silver Seal Inc. com
sha.res Silver Surprise Inc.
-~ .. ,: "i t ~'} ~
• l Itt#
$3618.7[
10.0(
937 .5c
360. oc
1687 .5C
317 .5C
m 217 .5C
l.OC
260.0(
30$.16
2559.50
.52.00
I
974.70
150.00
3333.75'
15751.62
$22,821.57
$ 20,262.07
No balance
\ r r
ft:
0 ~' ~
..... :J z
~ .n '* !J
0 :;r
;;.rf
r:: ro _.. ... :J 3
§, ro ...
0 0 0 ..... ..... '* -· '*
~
ro ...
a 0 ..... -· .....
~
::r ro
t =
Ill ~ &
s ~
l:l ~ ~-
L.O
~ V) 0 <r
('-! z -J 0.. --1 -cc. :;-.. c)
~·-.. ,-.~ -· .., Cl... .. 0 .-.. -~ ""-· -(:J 2: c en --'
J r "-J --l o:; 1---
-~A ~ ~J kJ . _ _:;,
t
( .
,_ U) r-z
(...) fJ) -
c:;, v: ~--~ ......... , ..... t -~ LU U)
' c:::> 0:
! r~-c.:: <r
·->.--.. :::
) ) '
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN •
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
C. R. REYNOLDS, a/k/a
)
)
)
)
)
)
)
No. 85 of 1969 <t z CHARLES REED REYNOLDS,
~ _,
)o
01 z z Ill II.
Deceased. :-::; ;;o
:·:"~ fi't ::.?
en G? ·~ f~ s ~'~
-.:.-'11 • l
i e 1!1 z
,•• ~ I
HEARING ON PETITION FOR APPEAL FROrV! DF;'CREF_.
x Ul ~
ti ii! ~ BEFORE:
Q
.J o(
0 Q
:I ~ APPEARANCES:
Ill
ui a: Ill ... a: 0 II. Ill a: ...
II: :I 0 u
~ 0 ii: TIME: IL 0
OF REGISTER OF WILLS
,..._,
THE HONORABLE P. VINCENT MA-RINO,
Judge of the said Court.
JOHN F. BELL, ESQ., and SANFORD S.
FINDER, ESQ., of Washington, Pennsylvania
representing the Contestant.
GEORGE B. STEGENGA, ESQ., and WALTE ~
W. GREGORY, JR., ESQ., of Washington,
Pennsylvania, representing the Proponent.
Tuesday, December 30, 1969, at 10:00 o'clocj{
A. M.
2
I N D E X
WITNESS Direct Cross Redirect Recross
ANN POWELL 5 9
e GUY A. ROGERS 16
EDITH TANNER 17 19 cc z cc > MARJORIE C. SMITH 26 56 84 88 ~ Ul z z STANLEY RESOR 89 102 112 Ill D.
i 0 MARJORIE C. SMITH 113 114 .. ~ z (Recalled) i Ul c
1:1:
ti it .. Ul c
.J :! tl e :;
~ Oo
i It: "' .. a:: 0 .. Ill a:: I .. a:: :I 0 0
.J cc ti ii:
1&. 0
EXHIBITS
Proponent's Exhibits:
A -Application for Probate of Will of Charles Reed Reynolds signed by
Charles Enlow, lTrust Officer of P. N. B. on January 15, 1969; and
Will of Charles Reed Reynolds dated January 12, 1967.
3
B-Letter dated December 14, 1966 Jo Mr. Reynolds from Marjorie Sn ith.
C -Receipt to Edith Tanner dated April 3, 1967 in the amount of $25.00
signed by Charles R. Reynolds.
D-Receipt to Edith Tanner dated May 1, 1967 in the amount of $25.00
signed by Charles R. Reynolds.
E -Cancelled check dated December 8, 1964 made to the order of Calan
Temple A.A. 0. N. M.S. in the amount of $34.00 signed by Charles
R. Reynolds.
F -Cancelled check dated September 25, 1964 made to the order of St.
Maries Lodge No. 1418, Elks, in the amount of $20. 00 signed by
Reed Reynolds.
G -Photostat copy of stock receipt dated A!-:tgust 14, 1967 signed by
Charles R. Reynolds.
Contestant 1 s Exhibits:
1 -Agreement dated June 21, 1947 between C. R. Reynolds and Pearl
W. Reynolds, his wife, lessors, and M. J. Spiesman, Jr., lessee.
2-Series of 13 cancelled checks signed by C. R. Reynolds.
3 -Power of Attorney.
4 -Citation and Notice of hearing of Application for appointment of
guardian of incompetent person and affidavit o:f service of citation.
5 -Cancelled check dated December ~4, 1966, made to the order of
C. R. Reynolds in the amount of $50.00, signed by Marjorie C. Smi h.
6 -Cancelled check dated July 3, 1967, made to the order of C. R.
Reynolds in the.amount of $50.00, signed by Marjorie C. Smith.
7 -
8 -
9 -
10 -
<( z <( > . ~ 11 -
Ul z z Ill II.
i 12 -e CJ z x Ul ; 13 -
~ a: 1-!!! 14 -Q ... <( u c :::~15 -"'I
~
N 16 -
vi a: Ill ·t 17 -
0 II. Ill ~ 18 -a: :I 0 0 19 -... < u ~20 -
0
21 -
22 -
Cancelled check dated August 3, 1967, made to the order of C. R.
Reynolds in the amount of $50.00, signed by Marjorie C. Smith.
Cancelled check dated September 2, 1967, made to the order of
Charles R. Reynolds in the amount of $1115.00, signed by Marjorie
C. Smith.
Cancelled check dated OcE,obe:r 3, 1967 made·to the order of Charles
R. Reynolds in the amount of $250.00, signed by Marjorie C. Smith
Carbon copy of letter dated November 6, 196'7 to Mr. C. R.
Reynolds from Marjorie C. Smith and certified receipt for same.
Cancelled check dated November 15, 1967, made to the order of
4
C. R. Reynolds in the amount of $250.00, signed by Marjorie C. Smi h.
Cancelled check dated December 5, 1967 in the amount of $300.00,
made to the order of C. R. Reynolds, signed by Marjorie C. Smith.
Cancelled check dated January 4, 1968, made to the order of C. R.
Reynolds in the amount of $250.00, signed by Marjorie C. Smith.
Cancelled check dated February 5, 19681 in the amount of $250.00,
made to the order of C. R. Reynolds, signed by MarJorie C. Smith .
Oral Deposition of B. A. Rapp, M. D.
Oral Deposition of W. D. Thurston, M. D.
Oral Deposition of Matt H. Moshinsky.
Oral Deposition of Stephen Dennis Wheeler.
Oral Deposition of Dean Marty .
Oral Deposition of Jeanne Morris.
Oral Deposition of Don E. Morris.
Oral Deposition of H. Don Moseley, M. D.
•
•
...
z ... >
MR. BELL: Your Honor~ this is the time set by the Honorable
Court for a hearing on the Petition for Appeal From Decree of
Register of Wills admitting to probate the will of C. R. Reynolds~
also known as Charles Reed Reynolds1 dated January 121 1967.,
Mr. Finder had entered his appearance and I am going to assist
Mr. Finder as of yesterday and so I entered my appearance today
;: THE COURT: Very well. The Court is prepared to hear
Ill· 2.
2; Ill D.
i 0
testimony.
1-~MR. STEGENGA: On behalf of the Proponents of the will1 Mr.
Gregory will be here shortly. He will probably conduct a great
part of the testimony be:cause I may have to appear as a witness.
However1 to facilitate the time here~ I am prepared to go through
the formality of proving the will with the subscribing witnesses
and I assume by that time Mr. Gregory will be present and I can
ri II: ~ withdraw from the trial of the case. a:
0
ll. ~THE COURT: You may proceed.
I-ll:
;:)
0 IJ
.I
1(
·~ , .. , ..
0
(At the direction of the Court~ off-the-record discussion was not
recorded by the stenographer).
(Stenographer marks Proponent's Exhibit 11A11) •
5
Ann Powell 6
ANN POWELL IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR. STEGENGA:
Q Would you state your full name for the record please?
A Ann M. Powell.
Q Where do you live?
~A 1170 Jefferson Avenue, Washington.
~ > .J
~ Q z How long have you lived at that address?
z Ill
a._ A z Fourteen years.
0 1-~Q Are you married?
:c U) < ~A I am a widow .
...: u ii: Q ... Mrs. Powell, where are you employed?
Ill jj
.J A o( I'm employed for the Washington Rubber Company.
u 2 Q What is your occupation there?
:t .. ,..
"' A I am the Office Manager.
1ft It'. "" Q 1-a How long have you been employed by the Washington Rubber
0 ll
Ill
lr ... Company?
IE ::. C• A l•
.J
18 years.
< li iL Q ... Mrs. Powell, I show you a paper here that has been marked
0
• Proponent's Exhibit "A" and specifically referring to the last pag~
thereof, does your signature appear on that paper as a witness?
A It does.
Q Were you present when this paper was signed by yourself and the
late Charles Reed Reynolds?
A I was.
Ann Pnw~=>ll
Q Where was this? Where did you witness this paper. this will?
A At Mr. Donald Blake's.
Q Where is that located?
A On the Amity Highway. That's the best I could---going towards
Amity.
< zQ <
Is that on Route---
> .J ~A z 40 or 19 South.
z 1&1
II.
iQ On the way to Waynesburg?
0 1-~ !: A Yes. :c Ul < ~ Q Is that in Amwell township?
.,: u ~A I really wouldn't know. Mr. Stegenga.
Ul i5 • ~ Q u
On the day that you signed as a witness. did you see Mr. Charles
i5 :I .., Reed Reynolds, the decedent?
J: 1-
"' N A Yes.
rti II:
1&1 1-Q II:
0
And did you see him sign his name on the first sheet of this Last
II. ill
II:
1-Will and Testament?
a::
:I 0 u
.J A I did .
c
u iL Q II. And was that signature signed by him in your presence?
0 • A Yes .
Q Did you then. after he signed the document. sign your name as a
witness?
A I did.
Q At that time, where was Mr. Reynolds?
A Mr. Reynolds was in his bedroom.
Ann Powell
Q And can you tell us whether he was seated or lying down or what
was the situation?
A No. He was seated in a chair and had a small table in front of him.
Q Did you have any conversation with him ?
A Yes 1 as a rule, general conversation.
~Q How long had you known Mr. Reynolds prior to the 12th day of
o( > .J ,..
Ill z January, 1967?
z Ill ~~..A z Well, I think that I met him in the early '50's~ say about '54 when e
0 1-Cl z first visited Mr. and Mrs. Blake. :r Ill o( ~Q He would visit them here in Washington County?
..: !:! A lr 1-Yes.
Ill i5
.J Q o( Did you, or were you aware that he was making his home with Mr.
~
Q
:;) .... and Mrs. Blake when you were out here on the 12th of January,
X ... ,...
Ill 1967?
Ill lr Ia: A 1-a: Yes.
c a.
"" a; Q 1-Did Mr. Reynolds ask you to be a witness to this will?
a: ::>
C• A C.• He did. .J < u ~ Q li. Did he know you ?
0 • A Yes •
Q How did he refer to you? Did he call you by name?
A He called me by my first name.
Q Did you have any conversation with him concerning this will?
A Yes.
Q What was the nature of that conversation?
•
Ann Powell
A Well~ I talked to him, asked, did he know what he was doing., if
this is what he wahted, I would witness. I asked him if I could read
it, he said yes .
Q Did you read it ?
A Yes, I did.
~ Q Cross examine. :c ~ ;. ~,
2:
w I.
'i. 0 r " 2:
X n ~ :t CROSS EXAMINATION BY MR. BELL:
Mrs. Powell~ who else was present at the time of the signing of
the will?
Edith Tanner.
~ Q Anyone else?
fi % i A Mr. Reed Reynolds.
)
L .. : Q Just the three of you?
II:
.:J ) ;~A Yes .
. .J :~ u ii: Q The Blakes were not there at all? , .. :>
A No. The Blakes were not in the room with u.s •
Q Were they in the hou.s e at all?
A Yes. I think Emma was but I don't know where Don was.
Q Was the door to the bedroom open or closed?
' A The door was closed. When I went in I closed it.
Q So it was just the three of you in the bedroom?
9-.
•
•
Ann Powell
A Yes.
Q How long had you known Mr. Reynolds?
A Since around 19 54 •
~~ And between 1954 and the date of your witnessing the will, how
.: ~Q
Iii ~A <
u c
many times have you seen him, would you say?
Well, I've seen him when he wou1d visit but since they brought him
back here to live I would -say I saw him on the a11erage of two times
a week; always one I would go.
And did you talk to him ?
Yes .
And what would you talk about?
Well, he would talk a lot about when he lived in Washington, about
St. Maries, he talked about his wife.
:E 1-,..
~>Q Did he talk about Idaho?
rr.:
II ~A Yes. a:
(I
IL ~Q Was he able to get around when you saw him?
l-It
:J
8A When I saw him he was •
.J < gQ He was up walking around?
"' 0
A That's right •
Q Was he up walking around the day that you signed as a witness to
the will?
A Yes, because he came out,after we came out of the room he later
came to the kitchen.
Q Unassisted?
Ann Powell 1 1
A Unassisted.
Q Did you notice anything unusual about him at all?
A Well1 I noticed since he came here to live he was older.
Q But nothing unusual physically? • A No. Not that any other person eighty some years would be1 I didn't
< notice.
z < ~Q
Ul
Did you notice anything about his right side? Did you notice anythin~
z z
Ill Q, unusual about his right side?
i 0 ~A
~ Well, I can't say, unless---no, I really can't.
X Ul ;Q You stated when he signed the will he was sitting down, but later
... 1.: it he came over and came out to the kitchen and walked out.
... Ill> • c A
.,.1 c
I.'
Yes •
a Q
=· You read the will? -,
:t .. ~A Yes.
~ II: Q .. 1-What did you say to him after you read the will?
c:
0 c.. A lol 1: I said, I asked him, "Uncle Reed, is this what you want?" ...
1: :I Q 0 u Why did you ask him that?
.J < .. u A i: Because I very seldom put my name on a piece of paper that I don't
Lo 0 • Q
know what it i$. I thought it was a fair question .
Did you recall what hap.~th.a:,:w rote, or he signed the signature,
what hand he used?
A He used his right hand.
Q Was there anything unusual in his signing the signature that you re all?
A No. I had never seen Uncle Reed write before. I would have no
Ann Powell 12
reason to question.
Q Did he take a lot of time in signing it1 do you recall?
A No. I think he signed it as a man his age would.
Q So there is nothing remarkable about him signing his signature
then1 nothing outstanding to you?
~A ... No .
..; > ...1
l;Q z It was just normal signing of the signature ?
z Ill
a._ A Yes. z
0 1-~Q Let me show you Proponent's Exhibit "A" and ask you to look at
:t Ill < :: Charles Reed Reynolds' signature again and see if you notice any-
..: 0 iii: ... thing unusual about it. That's the signature now you saw him sigr?
!! • c _.A ~
!::!
That's right. No1 I can't see anything. The pressure on the pen
Q
::J ... doesn't seem to be the s arne here as the end.
:t ,..
~Q Maybe the light is poor over there. Maybe I can help you out.
IIi II: Ill 1-II:
This is the signature here. Isn't this the signature you saw him
·:> ... II
t ... sign?
1:
j c A IJ Yes.
..1 ·C ~ Q :L :~
Just push the button on the end there and adjust it. Look on down
:::>
• A
there. Do you notice anything?
Except right there I say the pressure doesn't loo~ the same as on !he
end.
Q And when you say right there, give me the letters you are referring to.
A Reyno.
Q How are the letters different?
Ann Powell 1:1
A It looks like there's not as much pressure. It's lighter than the
rest of the signature.
What color ink would you say Charles Reed is written in?
Blue.
What color would you say the words or the letters R E Y N 0 are
written in?
It looks like a darker blue.
What color is L D S, the last? :
That's blue.
So doesn't it look like a different pen was used?.
Well, it looked to me like the pressure wasn't the same on the pen.
But you are saying that the darker R E Y N is the same ink and
the same pen as Charles Reed is written in?
From what I cans ee I would say it is. And I cannot remember him
picking up another pen.
You do not remember that?
No.
For the Court's examination, let the Court examine this. Also,
Mrs. Powell, the last two letters of the name Reynolds, the D S,
does that look like to you it 1 s been written over?
A I don't know whether it's been written over; it's just pressure on
the pen. I can't say.
Q But again, as you witnessed him signing that you saw nothing unusu~l?
A No, I didn't.
Ann Powell 14
Q Now concerning, back to his physical condition again, did you noticE
anything remarkable: about his right hand as he signed it?
No. I can't say that I did.
You stated that you have seen him walk several times, many times
in fact, and also on this particular day that you witnessed this
will you saw him walk.
Yes.
I think yo.;ustated in your testimony he walked unassisted.
Yes.
Did he carry any type of a cane or a stick?
I believe he had a cane. I won't be positive, but I believe he had a
cane. He was always afraid o~ falling.
Did he have the cane this particular day or did he always have a cane?
Well, I'm sorry., I can't state.
You don't know?
No.
But you think he had a cane this day?
I think he had a cane when he came to the kitchen table.
Mrs. Powell, did you. ever see his right hand shake at all?
I have watched him eat and smoke many times and I don't think
more so than any other person in their 80's.
Q When he ate, did he eat unassisted?
A Yes.
Q When he smoked, did anyone help light his cigarettes?
Ann Powell 15
A Usually Don lit his cigarette if Don was there.
Q What haQ.d would he use when he would smoke?
A He would smoke with his right hand when I saw him.
Q Is there any relationship between you and Mrs. Emma Blake or he
husband?
:!! z A
~ ~ Q )o Ul Are you a good friend of theirs ?
z z 1&1 A. A i I have been a friend of Don and Emma many years.
0 1-Cl Q z How many years would that be?
:r: Ul ~ A ~ Well, I would say 20, if not more.
~ u Q a: ... You would say you are a friend rather than acquaintance.?_,
Ul • a
.J A ~ u
Yes •
a Q ..... You are a friend?
X 1-... A " A friend.
,,;
0: .. Q 1-a: Don Blake, he's deceased also1 isn't he?
0 II. Ill A a:
1-
Yes,.
II: :::. 0 Q u And I believe he died testate, that is with a will, correct?
..1 <
u A i:: L.
That's right.
0 • Q Did you witness his will?
A No, I did not.
Q Did you not witness his will?
A No, I didntt.
Q I have no more questions.
! I MR.STEGENGA: I have no further questions, Your Honor.
•
•
•
Guv Ro$YerR
THE COURT: You are excused.
(Witness excused) .
GUY A. ROGERS IS CALLED AND SWORN .
.. i DIRECT EXAMINATION BY MR. STEGENGA:
<(
~ ~Q z
1&1 Q,
.zA
0 1-
CI ~Q
X VI <(
~
...: 0
ii: A 1-Ul
i5
.I <(
0
Q
:I ..,
:1: ... .... "'
If. m
"' 1-a: 0 a.
"' a:
1-· lr ;:.
0 v
.J ~ 1.1 i::: Q L.
0
A
Q
For the record~ would you state your occupation?
Guy A. Rogers, Deputy Register of Wills of Washington County .
Mr. Rogers, I show you a paper here marked Proponent's Exhibit
"A" and ask you to tell us what that is?
This is an Application for the probate of a will of Charles Reed
Reynolds_. signed by Charles Enlow, Trust Officer of Pittsburgh
National Bank on the 15th day of January, 1969. And this is the
Will that wac:;presented for probate of Charles Reed Reynolds and
witnessed by Edith Tanner and Mrs. Anna M. Powell. And the
witnesses were qualified on the 22nd day of January~ 1969, Edith
Tanner and Mrs. Anna M. Powell. Sworn to and subscribed .
Was the will then duly probated in your office?
Duly probated in the office as the 22nd day of January, 1969 .
Does the Application, so we can have the record complete here~
indicate the date of death of Charles Reed Reynolds?
A Yes, it does. On the 11th day of January, 19691 8:20 o'clock
A.M., age 88 years.
Q I believe that's all I have.
16
•
•
Edith Tanner
MR. BELL: I have no questions.
(Witness excused).
EDITH TANNER IS CALLED AND SWORN.
o( zDIRECT EXAMINATION BY MR. STEGENGA:
o( > .J ~ Q What is your full name ~please? z z Ill ~A Edith Tanner. z 0 ... ~ Q And where do you live?
X VI o( ~A R •. D. 1, Amity .
....
u ~Q
U)
ii
~A
u
iS
:;Q
% .. ...
Are you married?
Yes, I am.
Are you related to either Don R. Blake or Emma Blake?
"' A Mrs. Blake is my mother.
,,.: or 10: ~· Q Mrs. Blake is your mother?
C: n. Ill ~ A That~s right.
a:
:I 0 ~ Q Do you live in the same house or how do you live?
<
u E A I live in a little pink house on the farm.
0
Q You live on the same farm?
A Yes.
Q Mrs. Tanner, I show you what has been identified as Proponent's
Exhibit "A" and ask you if your name appears thereon as a witness
on the •, last sheet thereof?
A Yes, that's my signature.
17
Edith Tanner 18
Q I also point out to you the signature of Charles Reed Reynolds~
which appears on the first page of the will1 and ask you if you
were present when Mr. Reynolds affixed his name or signed his
name there?
A Yes~ I was.
~Q Did you see him write Charles Reed Reynolds?
~ > ~ ~A z Yes, I did.
z 1&1 ~Q z And in your presence?
0
fo:o Cl A 1: Yes.
:z: Ill c ~ Q Who had asked you to witness the will?
...
!::• A II: Uncle Reed asked me. ... "' 0 • ..; Q • Ll
Was Mrs. Powell there at that time?
Ci A :J .... Yes, she was.
j:
"' l't Q Did you read the document before you signed it?
t8 c:: Ill A ... c No., I did not .
0 c. 1-1 c: Q ... Where was he when he signed it?
c: ::J 0 A u He was in his bedroom.
~ < u Q i: L What position was he in?
0 • A He was sitting on the chair .
Q What did he write on?
A He had a small table beside his chair.
Q Cross examine.
'Fi'd:ith 'r;:mnP-r 19
CROSS EXAMINATION BY MR. BELL:
Q Mrs. Tanner1 C. R. Reynolds was your uncle, is that correct?
A Adopted uncle.
Q And how long have you known him ?
A Since about 1954, the first time he came in to visit.
~Q I take it you have seen him, of course, many times.
-< > ..I ~A Yes. z z 1&1 ~Q Would you visit him since he's been home1 I believe it was Novemb"'r
0 1-C) z 1, '66 he came home?
:c Ul -< ;: A Yes, I-was up there.
~ !:! Q a: 1-How often would you go up to see him ?
Ul Q
..I A ~ u • About everyday •
0
:;) Q ... And was he in good physical condition?
:t ... ,..
Ill A Yes.
rr. a: Ia.: 1-· Q a: Was he walking around?
0 D. w a: A 1-Yes.
a: ::> 0 (.o Q ..I Unassisted, of course?
~ 0 ~ A L. Yes.
0 • Q And did he ever use a cane?
A One e in a while .
Q Not continuously though?
A Not continuously, no.
Q Of course, you talked to him., is that correct?
A Yes.
Edith Tanner 20
Q What would he talk about?
A Different things, the farm, different animals and some of his other
people that he left out in St. Maries and different things like that~
Q Did he always know who you were?
A Yes, he did.
~Q Did he talk about his wife?
< > .J ~A Yes. z z 1&1 ILQ z
Did he talk about current events? I'm talking about the Vietn·am~
c 1-Cl ~ War, the presidency, things like this.
J:: u: c 3A No. He was more of a sports fan. He went in for that more so .
...
c.; irQ 1-
Did he smoke?
II)
0 .JA ~ Yes, he did.
v 2i ~Q And when he smoked, what hand would he use?
;::
"' ~"~A His right hand.
ai c: ~Q c: Would he light his own cigarettes?
0 c.. !.!
c:: A
1-
Yes, the biggest part of the time.
c: :I
8 Q When he ate did he eat unassisted?
.J ...:
u A i: L
Yes, he did.
0 • Q
A
Did you ever help him eat?
No. I fixed meals for him but I mean I never helped him eat.
Q Did your mother and father,when he was living, ever help him eat':
A No.
Q He ate unassisted?
A Yes.
Q Did he continually do this up until about the time he died?
Edith Tanner
A Yes.
Q On the day that you signed as a witness to his will., which was on
January 12, 1967, do you know where did the will come from? Do ybu
recall?
A I think it was sent in the mail. I'm not sure about that.
~Q z Sent in the mail?
... >
>A II\ I think so. I'm not sure though • z z ... were
a._Q
z Were you present when the directions or the orders/given as to ho~
0 ... ~
~ the property was to be disposed of of Mr. Reynolds? Were you ther~?
:r "' ;A No •
..: ~Q
1-
Now my understanding now from Mrs. Powell, that you were in the
• Ci
.I bedroom • < ij
gA
"") That's right.
i= ~Q And only three of you. were present.
ci c: l:!A c:: That's right.
0 ~Q ... That was you, Mrs. Powell and Mr. Reynolds .
1: :;)
8A R~ght .
.J o(
~ And the door was closed to the bedroom.
L 0
A • Q
That's right .
Was it locked?
~ No. Just pushed.
R Just closed?
V\ Yes.
R Was your m ether around?
~ I think she was in the kitchen but I'm not sure.
•
•
22
Q She was not in that,·patt-qftthe house.
A No.
Q Do you know whether your mother knew the will was going to be sig~ed
on this day?
A I don't know.
~ Q Well1 who called you up? How did you get over to the house? z -< > ~A I was there. Ill z z Ill a. Q And was Mrs. Powell there at the time you arrived or was she call~=>d?
i
0 1-~ A No1 I went up in the afternoon.
:r Ul
; Q You went up where now?
..: ~A Up to my mother's place.
~ a ~ Q Was Mrs. Powell there when you got there?
u. ~: A No. She came in shortly after I did.
% ... ~ Q Did she come in because someone called her in?
IIi 0: ~ A I think she just came out.
0: 0 a. ~ Q How did your uncle approach you concerning the signing of the will1
~
::1 8 witnessing the will?
..I -< g A He asked me if I would sign it for him and I said1 "Gladly."
L. 0
Q Where did he ask you this at?
A In his bedroom.
Q Did he ask Mrs. Powell1 of course, also at this time?
A Yes.
Q And you observed your uncle signing the will, is that correct?
A Yes, I did.
H'rlith 'r!:!nnRr 23
Q Did you notice his right hand shaking?
A No~ not really.
Q Did his right hand shake ?
A No.
Q I ask you to look at Proponent's Exhibit 1 and look at the signature
~ z
o(
of' Charles Reed Reynolds and ask you if you notice anything unusua
> ..J
)o Ul z about that signature?
z Ill II.
t.A Not really.
0 ... CJ ~Q I:
Nothing unusual about it?
Ul o(
3:A Well, different shades maybe~ but I mean that's different pushing
..: u ii ... on the pen~ I guess .
Ill • 0
~Q u
Would you say in your opinion~ looking at that,tltaB different ink
c has been used on the letters R E Y N in the word Reynolds?
:r .. ,..
h A No1 I wouldn't really say so. ,,:
It r.; ... Q a: Co
What color is the ink for Charles Reed?
0.
Ill a: A ... Blue • a:
:J 6 u Q ..1 What color is the ink on R E Y N S?
< u ii: A L It's blue also.
0 • Q Is that blue also?
A Yes.
Q Is it a darker or lighter shade of blue than Charles Reed?
A Well, I'd say it's maybe a shade darker.
Q Would you say it's the s arne ink though?
A Yes. I wm:ild. It's just a different way of holding the pen I think.
•
•
Edith Tanner
Q The letters L D S of Reynolds~ what color is the ink on there?
A They are blue also.
Q And is that blue also the same shade as the shade in Charles Reed?
A Where they come together there they are the same shade.
Q I'm talking about the letters L D S. Is that the same shade of blue
~ as Charles Reed? z o( > ~A y Ul es. z z Ill
a. Q Is it the same shade as the letters R E Y N in Reynolds? i
0 I-~A I'd say yes.
:X:
Ill
; Q It is?
rr."
It
Yes •
I may be color blind.
Not really.
The letters D S~ does it look like to you like it1s been written over
~A No.
It c a. ~ Q It cb esn 't? Look real close.
1--a: ::J 8 A Maybe right here. Well1 not written over. Maybe just gone back and
.1 <
~ gone again.
1;.
0
Q What relationship are you to Emma Blake?
A I'm her daughter.
Q And Emma Blake now is the chief beneficiary under this will. Is
that correct?
A I don't know.
Q You ; didn't read the will?
24
•
•
A
Q
A
Q
_L\
~Q
o( > .J
~A z z Ill ~Q z 0 ... ~A :z: Ul o(
3:Q
..: u ii:A ... Ul 0
~Q
0
0
::MR.
l: .. ,...
F'rlith 'rannP-r
No.
Now your father passed away, is that roorrect?
Yes, he did.
Did he pass away with a will?
I think so.
Do you recall witnessing his will?
No.
Did you witness it?
No.
You did not?
No .
I have no more questions of Mrs. Tanner.
STEGENGA: That's all the questions I ha•1e of Mrs. Tanner.
WTHE COURT: The Court has one question.
IIi a: Ill ... a: 0 D. Ill ~EXAMINATION BY THE COURT:
a:
::J
8 Q Mrs. Tanner, with what pen did you sign your name?
.J c
l: ~ A With a blue ballpoint pen.
0
Where did you get that?
It was there.
Q Well, did Mr. Reynolds offer you the same pen that he was using
to sign your name?
A I don't think so. There was two of them there, two or three of them
there. And I think I just picked up one.
Edith Tanner 26
Q Where do you mean by there?
A On his table .
That is where the will was signed?
Yes, it was.
Was the pen that Mr. Reynolds was using also a ballpoint pen,
IQ
A l Q
\}
do you know?
Yes, it was.
i And do you know where Mrs. Powell got her pen to sign with?
0 ... 0 :: She used the same one I did. A .,. u; c := Q That's all I have.
..: IJ iii: ~ (Witness excused).
• Q
..I < ij
MR. STEGENGA: If Your Honor please, I believe that concludes
i5
::J .., the proof of the will by the Proponents.
z ,..
1'1 THE COURT: Very well.
'll.
a: :ol
"" 11; MR. STEGENGA: May we have a Side Bar conference here a morr. ent
'J ·:1. :;a: .:r
:-please?
::r .:. c,
'..l ( SIDE BAR )
.;
I(
u ~
II. \:. MARJORIE C. SMITH IS CALLED AND SWORN . • DIRECT EXAMINATION BY MR. BELL:
Q Would you state your full name?
A Marjorie C. ..Smith.
Q Where do you live, Mrs. Smith?
A St. Maries, Idaho.
•
•
Q Are you married?
A I am a widow.
i Q Where do you live in St. Maries?
i
A I live at 1220 Washington Avenue. I have lived in the same house
:5Q z < ~ ~A z :.!: Iii
I;.
i 0 .... 0
= = n < ~Q
% .. "' '~~Q
'li % ~A It:
::> II. Ill II:
for 42 years.
Are you employed?
Yes. I am the owner and manager of the Credit Bureau of St.
Maries. I also have a small insurance agency and I do Income
Tax accounting.
Did you know a C. R. Reynolds ?
Yes# I did •
Or Charles Reed Reynolds?
I did.
And how long have you known him?
Approximately 30 or 35 years. At first I knew him only casually
as an acquaintance, but the last, probably 15 or 16 years I knew
j)
J It:
j .::;.
:~
..1 o(
him ve.ry well because I had my office right nextdoor to his . ! apa:rtm~:nt.
'>) cii:Q
ll.
':i
So you met him in about 1935, is that correct?
A About 1935 •
Q And was that in St. Maries, Idaho?
A Yes, it was.
Q Was Mr. Reynolds married?
A Yes.
Q Who was his wife?
ii
i!
•
•
•
Marjorie C. Smith
A Pearl W. Reynolds.
Q Did you also know her ?
A I :knew her very well.
Q For the same period of time?
A
~Q z o( > -:_A
·;J) z z ... :I.
i :>
"Q z
X ..,
~A
A
Yes.
You stated that you lived, you had your office next to them.
Yes . In the same building on the second floor. It was right nextdoo
to their apartment.
What was the name of that building?
We called it the Reynolds Building. Now they call it the Resor
Building .
This building was then owned by Mr. Reynolds?
Yes.
Now from the time you knew Mr. Reynolds 3·5 years ago, what was
his physical condition?
He was a large man, very healthy man, and he was a man who gave
you a lot of blarney and talked a lot.
Did he continue that way?
Well, he did until the last, probably about the last part of '65, early
part of '66. He began going downhill.
i Q When you say going downhill, what do you mean by that?
A Well, his disposition changed quite a bit; he became sullen and
wouldn't talk very much., and made snide remarks to you, you know
Q Did he still live next to your office at this time?
Marjorie Smith 29
A Yes.
Q In '6 5 to '66, did his physical condition change?
A In '65, along in July or August, Mrs. Reynolds cam:e in and said,
"I don't know how I'm going to get our Social Security checks cashe a • because Mr. Reynolds can't write his name anymore." And so
~ z I told her the method the Social Security people require, that you
~ > .J >-I'll have to have two witnesses to witness a man's mark or a person's
z z Ill II.
i mark. And I told her if she wanted to bring the checks in, I would
0 ... .,
z write his name on the typewriter and put his mark and then put an
X ;n
I(
!: "X" and the girl who works for me and I would witness his signatt re
..: u a: and that's what we did. ,_
lll
e 5
.J Q < u
Did you know the reason or reasons for him being unable to write
5
::l .., his name?
X .. ..
'-'1 A His right hand was paralyzed.
eli :1: "' Q i What was the reason for this paralysis?
j l.
.II r A ·-I understood that he had a stroke.
%
::l
0 1,) Q .J
When did he have the stroke?
~ \J ~ A ... I don't know just when it was, but it was along in the summer of
0
• '65 •
Q And did you see him?
A I saw him almost everyday.
Q How did he appear?
A Well, he was bent over and he used a cane. He had a cane with
a handle on it like this and he put his hand around the cane.
•
•
•
Q You mean he had a curved handle on it?
A Yes. And he used the cane going up and down the stairs all the tim .
i I Q What hand did he use?
A He used his right hand •
Q Did he use his right hand to sign?
~A He used his right hand to sign the "X", but Mrs. Reynolds would ta e < > .I ~ a hold of his hand and help him make the "X".
z ...
·~ Q Do you know what hand he used to sign his signature?
0 :; ~A He was right-handed. :r oJI 4( ~ Q Now in '65 after he had this stroke, what hand did he use?
I never saw him write his signature. I only saw him make his "X'\
I see. And when he used his cane,whatJ.hand' did he use?
He used his right hand.
Did you notice anything about his right hand and arm with reference:
to shaking?
1t shook like this a little bit, you know. When he put his hand on his
cane, that would steady it, you know.
But his hand shook from right to left, so to speak?
A Yes.
Q You stated that on the Social Security check an "X" would be put on.
A That's right.
Q How was this done?
A Mary Swisher, the other witness and I would go into his room and
• . ,.
Mar.iorie Smith 31
he would sit there and Mrs. Reynolds would help him make the "X"
on there. Sometimes it was kind of shaky because she'd just kind
of take a hold of his hand and help him put the ''X" on it and we
would witness it. I think that's all that was required for the checks • Q How many months or what period of time did this continue?
< A z Well~ from about August until probably the next <March or April
< > .J >-Ul that we did that until he went to the nursing home. z z Ill ~Q z Now when did he go to the nursing home, do you recall?
0 t-0 A z x He went to the nursing home the 19th of May, 1966.
Ul c ~Q Prior to his going to the nursing home, did you ever see Mr. Reynplds
t-= ()
ii: t-sign his name to anything?
Ul 0
.J A ~ No .
u c Q Other than the "X" mark?
:1: .. I'· "' A Other than the "X" mark.
ri II
'"' Q t-0:: What was his reasons for going to the nursing home?
C• a. Ill a: A t-He had been in the hospital for approximately a month. He was
a:
::J 0 !)
..1
beginning to be very forgetful and I had a housekeeper there taking
o( u i: L. care of them and the housekeeper came in and told me that he was
0 • taking too many insulin shots. He was giving himself the insulin
shots and he woil.ld take more than one. And he told her to mind he
OWl business. Well, this one day he had already taken two insulin
shots. They called the doctor because he was sick and they thought
he had the flu. And the doctor gave him some medicine for that
and then this housekeeper came in and said to me----
Mariorie Smith 32
MR. STEGENGA: If the Court please. I am
going to ha~ve::.to interpose an objection on hearsay testimony.
THE COURT: The objection is sustained.
He was a diabetic, is that correct?
He was a diabetic. He had had the doctor give him another shot,
that was three that day. And I told her to call the doctor right away
and tell him because his sugar balance would be out of order and
he'd probably go into a coma. So she called him and in a few minut s
I heard the doctor running up the stairs and they put him in the hospital.
Was he living with his wife Pearl at this. time?
Yes.
Now after he went to the hospital, who handled his affairs?
I did.
Before he went who handled it?
I handled his affairs from January, 1966. They had given me a
Power of Attorney to handle their affairs.
What was the reason for you handling his affairs?
Mrs. Reynolds came in and told me that she was getting so nervom
she couldn't sign any checks anymore. And she asked me two or tl:JP:-ee
times if I'd take over their affairs. I didn't want to. but finally
she came in one day and said, "Marjorie, I wis~ you'd do this. I
trust you," she said. I said, "If that's why, I '11 do it." So then
I had the Power of Attorney prepared and my secretary went in aJ1<
witnessed his "X" mark.
Mar· orie Srn ith
Q After Mr. Reynolds went to the nursing horne, where did Mrs.
Reynolds continue to stay?
Mr. and Mrs. Reynolds went to the nursing horne the same day.
She went with him?
She went with him. She stayed in the apartment while he was in the I
ho5p ital. But the doctor wouldn't let him out until we had someone l
l
to stay with him around the clock. And they had just the small apar -
rnent, a small livingroorn ·and a bedroom and a kitchenette. There
wasn't any place for an extra person to stay there at night. So
she asked me to find a nursing horne for them and I found one up
at Coeur d'Alene, which is about 50 miles from St. Maries.
We had no nursing horne in our own town.
How long did he stay at this nursing horne?
He was there from the 19th of May until a few days before the first
of November, 1966.
Did you visit him while he was in the nursing home?
Yes, I did. I visited him about, oh, twice a month to once a month
I have a daughter living seven miles out of Coeur d'Alene and I go
up there a couple times a month., especially in the summertime.
What was his condition on these visits?
They had a patio out the back of their apartment. They had a
special apartment for the two people. And he would be sitting out
there in a wheelchair and Mrs. Reynolds would be sitting in a law
chair.
33
Mari orie S:mith ::14
Would he recognize you when he'd see you?
Yes. He'd just say "Hello" to me.
Would he talk with you?
Not very much. I talked mostly with Mrs. Reynolds.
Was this like him or unlike him not to talk wit?l you?
What?
Was this normal for him not to talk to you?
No. He was a person that was quite talkative when he was in his
normal mind.
What was his physical condition in these times?
It was go :ing down. He would be sitting in a wheelchair and they'd
take him back and forth in the wheelchair to his room.
Did you see him walk at all?
I didn't see him walk there~ no. When I saw him in his room 'he
was always sitting down.
On these occasions. did you, up until the first of November, 1966,
did you notice his right hand?
Well. not any more than I usually did. He used the right hand
for his cane. It was shaking just like it had before.
During this ~time fu 'thenursir:g home. did you see him sign his
signature ?
A No.
Q Was he still making "X' s"?
A I never saw him making any "X's '' in the nursing home, because a
Mariorie Smith
that time I was getting the Social Security checks. There wasn't
any occasion to have him---
Q You had your Power of Attorney.
A Yes.
Q During the years that you have known Mr. Reynolds, have you seen
~ z him sign his signature?
o( > ..I: ~A z I don't remember ever seeing him sign his signature.
z "' ~Q z You never saw his signature?
0 ... ~A I saw it in his bank checks and one thing and another. But I don't
:c
II) < :t remember ever actually seeing him sign his signature .
...: u ~Q Have you seen his bank statements and checks?
Ill
0
~A Yes, I have, quite a few of his bank statements and checks.
~ c =Q Having the Power of Attorney, you administered his bank accounts.
:1: ..
!'" ~~~A That's right.
'1>.
0:
~Q And you have seen his cancelled checks:.? .. _ , :
0 Do. II! ~rA ... Yes •.
IE ::> C:· L· Q And you have seen his signature how many times?
00:
l• ii:A II. Oh1 probably 50 times.
0 • Q Are you able to recognize his §ignature when you see it?
A Yes.
(Stenographer marks Contestant's Exhibit 1).
MR. STEGENGA: If the Court please, I am
going to interpose an objection if Mr. Bell intends to
qualify this witness as a handwriting expert, so to speak
Marjorie Smith 36
I think the test is the witness must see the individual
write or make the signature at least one occasion. She's
testified she never saw him write so I think she's not·
qualified to express an opinion . • THE COURT: The objection is overruled.
~ z Exception noted.
oC > .J >-Q Ill z Mrs. Smith, I show you Contesltant 's Exhibit 1 and ask if you are a ~le
z Ill a.
i to identify it?
0 1-~ A z x Yes. It's an agreement signed by Mr. and Mrs. Reynolds.
:n oC ~ Q And the date of the agreement is what date?
,..: u A i ;.. The 21st of June, 1947.
:n • 5
,.J Q <(
ij
This is an agreement concerning a lease of a piece of property.
gA .., Yes .
:t ... ...
<:II Q Now the signature at the end of the agreement1 C. R. Reynolds,
'li ;1:
"' ~ do you recognize that?
·:> ).
Oil r A .. Yes. That's Mr. Reynolds' signature.
.r :J 0 Q u
.J
From your observations and your familiarity with this signature,
<(
ij
i.:: II. is there any question or doubt in your mind that that is his signah re?
0 • A No .
(Stenographer marks Contestant's Exhibit 2).
Q Mrs. Smith, I show you Contestant's Exhibit 2, a check dated
December 3, 1959 made payable to the Economy Hardware, and
ask who is the maker of that check?
A The body of the check is written by somebody els e1 but Mr. Reyno ds'
Mariorie _Smith
signature is on the signature line.
Q That is his signature?
A That is his signature.
Q That was in 1959?
A That was in '59.
Q What was Mr. Reynolds physical condition in '59?
A It was good.
Q I show you another check also Contestant's Exhibit 2 for identifi-
cation1 December 7, made payable to Davis & LinkJ and ask you
the maker of that check.
A Yes. That's his signatureJ but the body of the check is written
by someone else.
Q A check dated December 14J '59 to Western Auto.
A The same thing here, the body of the check is written by someone
else and Mr. Reynolds then signed the check.
Q That is his signature?
A That's his signature.
Q April 12, 1960J check made to Davis & Link.
A That's Mr. Reynolds' signature on the signature line.
Q This is 1960.
A That was April 12J 1960.
Q And his physical condition then?
A It was good.
Q June 7, 1960.
•
•
A Yes. That's Mr. Reynolds~ but he has a little trouble making the
R on that one.
Q But that is his signature?
A That's his signature .
Q
~A ... ~ >-UJ z z Ill ~Q z
0 I-~A
X Ill < ~
i= ,..
"A
ri c ~Q
0 c.. u c
1-c
:::t
8A _,
< i) tQ
Cl
A
December 161 1960. I show check payable to, the order of Res or' .
That's made out by somebody else and signed by Mr. Reynolds too .
That's Mr. Reynolds' signature.
December 19, 1960.
That's the same. That's Mr. Reynolds' signature on the signature
line~ but the body of the check is made· out by someone else.
Check dated April 101 1961.
That's Mr. Reynolds signature1 but it's getting a little shaky.
What was his condition then1 do you recall?
No, I don't recall that he was too bad off. He was just old age.
' March 29, 1961, another check payable to St. ·Maries Flower
Shoppe.
That signature is a little bit better. That's his signature.
Then March 5., 1963, I show you this check. Is that his signature?
That's his signature, but the end of it·.is getting a little bit shaky •
Q What was his physical condition then?
A He was deterioratingJ but not too bad.
Q And another one on March 11, 1963, a check made to Fredrickson.
A Yes, that's the · eye doctor there. That's his signature on there.
It looks quite good there.
Mariorie Smith 39
Q And the last check of Contestant's Exhibit 2 made payable to St.
Maries Elks Lodge., June 8., 1965.
A This signature is not the way he usually signed his narr.ie. But it's
his writing. He signed this check Reed C. Reynolds. And it's very
very shaky. And the bank put down at the bottom; C. R. or Pearl
Reynolds account., so they could identify it.
And on that date~ June 8.t 1965., are you familiar with his physical
condition a.t that time ?
Yes. That was just before he---Mrs. Reynolds told me that he
couldn't sign his name anymore.
And by what .riame did·he go by?
In St. Maries he was known as Reed Reynolds.
What did he go by? What name did he go by that he preferred hims lf
in all his legal documents?
It was Reed Reynolds, but Charles was his real name. And like
the Army., you know, you have to use your first name.
What name did he always sign?
He signed C. R. Reynolds. He didn't use any name. He just used
his initials.
In all his signatures he would do this?
All his signatures that I saw~ except this one on this check here.
Mrs. Smith., you testified that it was thought best that a Power
of Attorney be given to you. Is that correct?
A Yes.
Mari orie Smith 40
Q Who initiated this action for a Power of Attorney?
A Mrs. Reynolds.
Q Was, in fact, a Power of Attorney execute::l. ?
A Yes . • (Stenogrcp her marks Contestant's Exhibit 3).
< zQ <
Mrs. Smith, I show you Contestant's Exhibit 3 for identification anc
> .J > VI z ask if you can identify that.
z Ill Q.
zA This is the Power of Attorney that Mr. and Mrs. Reynolds gave m
0 ... ~ ~ to attend to their business.
X u: • 3-Q When was it executed? ..
£ lt. A ... It was executed on the 19th day of January, 196 6.
II) c
.J Q < §
Cl :;. A ...
Were you present during its execution?
Yes. Miss Swisher and I were in there and Mr. and Mrs. Reynold::.
j: ....
" Q Did Mr. Reynolds sign his name?
ai c: Ill ... A c: No. He signed an "X" •
0 c. u 1: Q ... Were you present when he signed the "X"?
c:
::J 0 tl
.J A Yes .
< u i;: Q ... Is this the only thing he could do was sign the "X"?
0 • A
Q
That's all. He couldn't sign the name .
What hand did he sign the II x" with?
A With his right hand, like this. She took a hold of his hand and
helped him.
Q And his wife Pearl W. Reynolds signed also?
A Yes.
~
:!: o( > .J
)-
0 = = u L.
i 0 .. " z
:t Ill c ~
..: IJ it 1-Ill 0
.J
( r:;
i5 .::l ,.,
:J: ~ ,..
:II
'li !1:' >I
!1:' :J II. Ill· :r -II:
;)
·;)
'J"
J
" ~ .. ..
0 •
Marjorie Smith
Q Mrs. Smith, do you know the date of Pearl Reynolds' death?
A 18thof0ctober, 1966.
Q And was she at the nursing home at that time?
A She was in the hospital at the time she died. But she was a residen
of the nursing home when she ha9 the stroke anc~ was taken to the
hos pita! in Coeur d'Alene.
Q What was Mr. Reynolds' condition at that time?
A Mr. Reynolds was very forgetful at that time when he came down.
Mr. Resor and I made arrangements for the funeral and he came
down and didn't appear to be too much perturbed about what was
going on.
Q Did he understand that his wife had died?
A
I
Yes, he understooe that she had died but we::took him to the funera~l
~ 1 and he sat there and we went out to cemetery. It was snowing, :!
i!
it was cold and rainy and kind of a sleet coming down. A d h . ii n e JUSt ~
sat there, you know., didn't have anything to say.
Q You say you took him to the funeral home and the cemetery. How
was he able to go to thes.e places?
A Mr. Res or took him in his car. He went out to Coeur d'Alene
and got him and brought him down to St. Maries.
Q Did he walk to the car?
A Yes, he walked to the car with assistance. Somebody took a hold
·of his arm and helped him.
Q Two people or one?
41
M8.riorie Smith
A One. Mr. Resor was always right there to help him. I didn't.
Q Did he have his cane on these occasions?
A Yes, he had his cane with him. He always had his cane that I reme nber.
He always had his cane with him because he was afraid of falling.
Now after Mrs. Reynolds' death, what occurred?
Mr. Reynolds went back to the nursing home and I thought he
would continue to stay there, but on the Monday after Mrs. Reynolc s'
funeral. which was on a Friday, Mr. and Mrs. Blake came out
from Pennsylvania and took Mr. Reynolds out of the nursing home.
And where did they_ take him?
They took him back here to Washington, Pa.
Now before they took him to Washington, where did they take him?
They took him to his apartment. He was there for two days.
Is this the same apartment where you had your offices nextdoor?
That's right.
And did the Blakes live with him for those two days?
They stayed there with him, yes.
And what condition was he at this time? Were you. able to obser' e
that?
He was---he didn't talk very much. He came into my office just
once with Mr. Blake. But Mr. Blake wou.ldn't let me talk to him
alone. And he sat there and was kind of crying like an old senile
person will do.J you know.
Q You say Mr. Blake, you're referring to Don Blake and Emma Bla~e?
Mariorie Smith 43
A Yes.
Q You stated he would not let you talk to him alone.
A No. He was with him all the time.
Q. Now did you; i-n those few days before he left Pennsylvania, did you
happen to hear a conversation between the Blakes and Mr. Reynold~ ?
~A Mr. Reynolds was sort of deaf and the walls between my office
< > ..I >-Ul and the apartment are not very thick, they are kind of thin. And I
z z Ill II.
z could hear them talking to him in there trying to persuade him to
0 ... Cl ~ come back to Pennsylvania with them. They said, "You come back
:z: Ill < ~ with us and it won't cost you a cent. 11
....
!:;· Q It ... And you heard this?
!!! c
..1 A ~ Yes~ I heard this.
u Q :J Q ... Did you hear any of Mr. Reynolds 1 responses to this?
::: .. " C'l A He said, well, he didn't want to go, he wanted to stay there where
rA 0: Ill ... 0:
he was. But they kept trying to persuade him and saying, "You're
0 c. 1:.1 c::: ... paying $300.00 a month now to stay in this nursing home and we'll
c:: :J 0 u
..I
take you back there and give you good care. It won't cost you anytl ing. "
o( u i: Q to
And how soon after that conversation did he~ in fact, leave for
0 • Pennsylvania ?
A The next day.
Q Just before he left, from the time of that conversation to the time
he left, did you see Mr. Reynolds at all?
A Yes, I saw him.
Q Where did you see him ?
· Mar·orie Smith 44
A Going down the hall to go to the car.
Q Did you talk to him then?
A No. I couldn't say goodbye to him.
Q Was he ambulatory? Was he going down the hall?
A He was going down the hall by himself. He had this cane going
~
% along down the hall.
o( > ..I ~Q
%
Was he going slow?
% ~
L. A z: Yes, very slowly.
0 1-., Q !: Now prior to his leaving, did you start any .legal proceeding?
:X: Ill o( :t A Yes. I filed a Petition to have a guardianship appointed for him.
.,: u i: Q
1-
What was your reason or intent for this?
Ill
i5
..I A o( Because he was incompetent •
u
0 :J MR. STEGENGA: If the Court please, I am ..,
1:
j..,
N going to object to that opinion. I don't know whether
.;
E ~ 1-II:
she is qualified to give an opinion.
0 ll.
Ill a: THE COURT: The objection is sustained
1-E
:J 0 u The answer is stricken.
..I
o(
ij
i: ... (Stenographer marks Contestant's Exhibit 4).
0 • Q Mrs. Smith, I show you Contestant's Exhibit 4 for identification
and ask if you can identify that?
A Yes. It's a Citation on my Petition for guardianship to be served
on Mr. Reynolds.
Q And when was this filed?
A The 24th of October, '66.
Mar· orie Smith 45
Q When did he leave?
A He left on the 26th.
Q Why was this not served and the proceedings gone through?
A Because you have to give ten days notice and I couldn't keep him th re
and they just took him away. I wasn't prepared for them coming
< ~ and whisking him away as·: they did.
> ..J ~Q ;;::
From the year 1965 until the time that he was taken back to Penns 1-
til c.
:i
vania, in your opinion, was he capable of taking care of his affairs
0 ... ~A No.
X
0 ol(
3:Q And is this why you had the appointment of the guardian~ applicati
..: u
iX made? ... 0 Ci
..J A < Yes. ;After· Mrs. Reynolds was gone, someone had to look after
ii Ci
:J ... him.
j: ,..
Ill Q Now after Mrs. Pearl Reynolds died~ did you serve in any capacit
lli c: Ill ... in her estate? c 0 c. u c: A Yes. I served as Administrator with the will a:mexed. Mr. Reyno ds ... c :J
0 0 was named as Executor and since he was gone and wasn't able to
..1 < ij
t: .. serve, I was appointed as Administrator.
0 • Q
A
As Administratrix of Pearl's estate, what did you do?
I took care of the money~ paid the funeral expenses and the doctor'
bill and the balance of Medicare and a few things like that. I had
the money turned over into the estate, an estate fund.
Q Of course, he was the sole heir?
A He was the sole heir under her will.
--
Ma ri orie Smith 46,
Q Now did you have any direct request of Mr. Reynolds after he left
Idaho to come to Pennsylvania, did you have any request from
him t~~· the estate f0r any money?
A Not from him . • Q Who did you have any request from?
~ A z From Mrs. Blake.
'I( > ..I ;.. Q Ill z And what form was this request? How was it?
z Ill L A i Most of the time she called up and asked for mo~ey. But she wrote
0 1-
" z a letter to Mr. Resor and asked him to pay the payments on the bu lding
i Ill '( ~ to her. And also said she was going to write to me and ask me
..: u ii: 1-
for the Social Security checks. That letter did not come to me
II
Q
..I '( directly, but Mr. Res or gave it to me .
Q
0 ;:) Q .., ' Now you say payments on the building. Is this the proceeds from
= "' ... the sale of th~ R~ynold3 Building?
,; a:
Ill A 1-11:: Yes.
() .. Ill
II: Q 1-
' Who was that building sold to?
II:
;:)
0 A IJ To Mr. and Mrs. Resor.
.J
o(
u
ii: Q ... And was this on the mortgage?
0
A
Q
It was on what we call a conditional sales contract . • I see. So much a month was paid.
A $200.00 a month plus interest ..
Q And as the Administratrix of the estct e of Pearl Rey-nolds,
you administered the $200.00.
A I got the $200.00. It was put in the account each month.
Mari orie Smith
Q Did. you at any time ever send any money to the Blakes?
A Yes. I sent money almost every month. In fact~ I gave Mrs. Blake
some money when she left.
Q flow much did you give her when she left?
A $175.00.
And how much would you give the Blakes every month?
Well. I gave her the Social Security money. which was about $50.0
a month. And then I sent her other money. It aggregated about
$200. 00 a month or $250. 00.
Other than the oral request over the phone1 did Mrs. Blake do
anything else to get the money from Pearl Reynolds' estate?
• She came out in June of 1967 and wanted some money from me fron
the estate to bring Mr. Reynolds' furniture back to Pennsylvania.
And at that time she thought she was going to get the money becausE
in Idaho~ after four months. the estate could be closed, and it
was -really ready to be closed. But I said I wouldn't hand over any
money until the guardian was appointed.
Did you tell her that the guardian should be appointed?
• A I told her •
Q What date was that that you told her this?
A The 13th of June, 1967.
Q Did you ever tell her that at any time prior to that date?
A~ 1' I think I did. But it was mostly through Mr. Stegenga that Cope
Gale, my atto~ney, was writing letters and Mr. Stegenga was askit g
Mari orie Smith
, , , us td. turn the money over.
Q While Mrs. Blake was out in Idaho, to get money from the estate
of Pearl Reynolds, would she contact any attorneys that you know o ?
Yes. After I refused to give her a check for $400. 00 to move the
furniture back, she went across the street and contacted the firm
of McFadden and Park. Mr. Park called me up and said, "Marjori ,
when are you going to turn that money over?" I said, "I'm not going
to turn it over until a guardian is appointed." He said, "You know
he isn't incompetent until he is proved incompetent. 11 I said, "I am
aware of that. 11 But I said, "As far as I'm concerned, I'm not
turning the money over." He said, "Well, she's got a Power of
Attorney. 11 And I said, "Is it signed by his name or an "X"?"
And he said, "Just a minute, I'll look." And he came back to the
phone. He says, "It's signed with an "X".
Signed with an "X".
That's what he told me.
Did he give you the date of this Power of Attorney?
No, I never saw that Power of Attorney. It was never filed.
MR. STEGENGA: I'm going to move this be
stricken, Your Honor, as hearsay. I don't feel this
conyersation is proper testimony.
Q Your Honor, we feel that it is not hearsay. It's an admission agaim t
interest by Mrs. Emma Blake's agent, her attorney.
THE COURT: The objection is sustained
MarioriP. s;mith Ml
The answer is stricken as hearsay.
Q How long did Mrs. Blake stay out there at this time?
A I think she left the next day.
Q While Mr. Reynolds was living, ·did the Blakes ever make any trip::
to Idaho?
oC A z .. You mean before they brought him back here?
>
)" Q If• z Yes.
z II;: II..
i A Yes. They came out. Well, I met Mrs. Blake just once, I think
0 1-· ~ z x it was probably about 1962 or '63. And in September of 1966 they
tl' ...
:1 came up to St. Maries from a trip to California. And that was abou
!-'
!::
ct. 1-· ~
three weeks before Mrs. Reynolds died.
c;
-· Q «: u Mrs. Smlith, you already testified that you are the Administratrix
a ::> .., of Mrs. Reynolds estate. Is that right?
j: ,..
C'l A That's right. :·
" a: Ill 1-a: 0
(Stenographer marks Contestant's. Exhibits 5, 6, 7, 8 and 9.
II. Ill
IE: Q 1-From the time that Mr. Reynolds suffered his stroke, !'believe
a: :I 0 1.1
.J you said in '65, is that correct?
~ u ii: A ... Yes •
0 • Q I think you testified that his right side was paralyzed.
A His right arm. He dragged his leg a little bit.
Q From that time until he left IdahoJ to Washington County, was
there any improvement at all in that condition of the right side?
A I couldn't see any.
Q There was none at all?
Mar.iorie Smith 50
A Not that I could see.
Q As far as you know, at that time he still could not wri:e his signatu e?
A As far as I know he could not write his signature.
Q I show you Contestant's Exhibit 5 for identification and ask if you • can identify it?
~A z That's a check that I sent to Mr. Reynolds for some Christmas mor ey.
-< > .J i:;Q This was1 of course, out of the estate of his wife?
z z 1&1
G._ A That was out of the estate of his wife.
z 0 .... ~ Q How much was that check for:?
:z:
Ul
; A $50.00.
Q Who was it made payable to?
A C. R. Reynolds.
Q And was the check endorsed?
A The check is endorsed C. R. Reynolds and uncerneath that, D. R.
Blake. I think that's C. R. You can't tell what that :.s.
Q That endorsement, in your opinion, is that Mr. Reynolds signaturE?
A No.
Q It is not?
A No.
Q I show you Contestant's Exhibit 6 for identification and ask ifyou
can identify it?
A This is a check that I made on the 3rd of July, 196 7 ~ for $50.00
to C. R. Reynolds, and it's signed C. R. Reynolds, but that's not
his signature.
•
Marjorie Smith 51
<~ That endorsement on this check also is not his?
A Not his signature.
THE COURT: How is it endorsed?
A C. R. Reynolds.
< z < ~ ~Q z z 1&1 ~~.. A z 0 ...
C) z
:c Ill < :CQ
...: ~A
Iii a
..1 < u ~Q
THE COURT: Just his name and not the o her
name under it?
What is the name under it?
It looks like Otto Creiter. It apparently was a grocery store becau ~ e
there's Washington Grocers Association stamp.
I show you Contestant's Exhibit 7 for identification .
This is one I made on the third of August, 1967 to C. R. Reynolds
for $50.00. That was the amount of his Social Security .
Is there an endorsement on the back?
X 1-,..
N A There is an endorsement on the back. It looks like it had been traced
ell It ~ over. It's also endorsed by Emma Blake.
c D.. Ill ~ Q Now you say it looked like it was traced over.
0: :I 8 A It looks like to me .
..1 < u E Q To your knowledge, did Mr. Reynolds have a signature stamp,__?
0
A At one time Mr. Reynolds was County Assessor in 1915 to 1918
in our county. And it was customary to have a facsimile stamp to
pu't on the personal property receipts and the motor registrations.
And as far as I know, I am sure he had one.
Q He had one of those signature stamps?
A Yes.
Marjorie Smith 52
Q Now this exhibit here as Contestant's Exhibit 7, yo\] say it appears
that it's been traced over?
A The last two or three letters looked to me like they have been traced
over. I may be mistaken.
Q If I may show the Court please. I show you Contestant's Exhibit
~ z 8, and ask you if you can identify it?
-< > .J ,.. A Ul z This is a check dated September 2, 1967 made out to Charles R.
z Ill CL
i Reynolds for $1115.00. The endorsement on the back looks like
0 ...
Cl z a facsimile of a signature stamp.
X Ul -< ~ Q Is that in your opinion his signature?
..: u ii: ... A No.
Ul
Ci
..I Q -< Other than it looks a facsimile of the stamp?
u
Ci :I A .., Facsimile of the stamp.
:t 1-... N Q And I show you Contestant's Exhibit 9 for identification and ask if
ui
0: Ill ... a: you can identify it .
0 CL
Ill a: A ... That's a check I sent for $250.00 on October 3, 1967 to Charles
a:
:J 0 CJ
.J
R. Reynolds out of the estate. And it also has a facsimile and it's
-< u ii: ... been traced over with ink. It's also endorsed by Emma Blake.
0 • Q I request the Court to examine Contestant's Exhibits 8 and 9 andw< uld
possibly be beneficial to the Court because of the lighting if you
would use the magnifying glass.
Mrs. Smtih, did you have a telephone conversation with
Mr. Reynolds whi·le he was in Washington, Pennsylvania?
A Yes, I did. I hadn't heard from him for quite awhile, so I srent
l,,ri
Mar:iorie Smith 53
a letter to him~ certified mail, delivered to addressee only.
Q And you sent this letter because you had not heard from him?
A I hadn't heard from him for a long time. In fact. I hadn't heard
from the Blakes either since she had been there in June.
(Stenographer marks Contestant's Exhibit 10).
I show you Contestant's Exhibit 10 and ask if you are able to identif~
it?
This is a copy of the letter that I wrote to Mr. Reynolds and asked
him to call me. I wanted to talk with him.
How was that letter sent?
It was sent certified mail. delivered to addressee only.
And did you get the return receipt back?
I got the return receipt back.
Would you give us the number of that return receipt?
It's certified number 870958.
And when it was returned to you1 what did it say?
It said Letter delivered to C. R. Reynolds. He cannot write.
The signature of the addressee's agent, if any., signed C. R.
Reynolds by Don R. Blake.
What was the date of that return receipt?
11-8-67. It says there Deliver to addressee only.
Now did you ever get a reply back?
About two days. Well., it was about the 9th, I think, of November.
•
e
e
l ~' Q I
ii A
Q
~A z .. > -" >· ~ 2: 2: lit Q;
i c 1-I! z
X Ill c ~
.,: u a: t;, c;·. ... :s 0
Q
:Jo ""'i
:z:; ... ....
(11:
Marjorie Smith
Mr. Blake called me on the telephone, said he had Mr. Reynolds
on the phone, and would talk with me.
Did you talk to hi::n ?
Yes~
And how did he appear to you?
He didn't know wto he was talking with. I asked him, I said, "How
3.re you, Mr. Reynolds? I haven't heard from you in a long time."
I said, "Are you getting along all right?" He said, "Yes." I said,
''Did you take a trip?" This $1115.00 they told me they were going
:o take him to a Shrine Convention. I said, "Did you take a trip?"
And he said, "Yes. " And I said, "Where did you go?" He says, "I
don't know. 11 I said, Mr. Reynolds, would you like to have me come
back to Pennsylvania and hriir:gyou back to St. Maries?" And right
away, Mr. Don Blake got on the telephone and cut us off.
llio ~, Q Now did Mr. Reynolds seem to you that he knew what he was talking
a:,
0 0.. ~ about when you were talking to him on the phone?
1-a:• ::r 8 A
,.~:
<
§ Q II.. II. 0
,,A
... Q
No.
Did you see Mr. Reynolds at any time before his death?
Yes. I saw him in January, 1968.
That was here in Washington County?
A ':::'hat was here in Washington.
Q What was your purpose in coming here?
A I had been asking w have this guardian appointed. I wanted a bank
appointed because I thought they would take care of the money better ..
54
Marjorie Smith 55
And they kept dawdling along because they wanted me to turn the moq.ey
over to them and I wouldn't do it. So I told my attorney, I've got a
notion to go back there and see what's going on. So he said., "Why
don't you? II And so on the 8th of January, 1968, I flew to Pittsburgh • and came up here on the bus and got a young man to take me out to the
:= z Blake's in a car.
o( > g Q How did he appear toyou then? z z Ill ~A I went to the door and Mrs. Blake let me in and I asked her if Mr. z 0 1-" z Reynolds was there. And she said~ "Yes." I went in the livingroom~
X Ul o(
~ he was sitting watching a colored T.V., had his feet up on a leather
.,: u a: 1-
chair, and he was sitting in a chair. He had a blanket up to his waist
Ill
e 0
.J ~ u
covering the~low er part of his body. I didn't mention who I was. I
0
:J ... walked over to him and I said, "Hello, Mr. Reynolds. How areyou?'
:t 1-,..
l'l He looked up at me just as blank as can be and he says~ "Well, hello!."
IIi a: Ill 1-a: And I tried to talk to him, talk to him about his friends. I said, "Old
0 II. Ill a:
1-
Sam Racy.,· was asking about you. " ''Sam Racyc '?:' Yes, " he
a:
:J 0 u says, looking at me just as blank. He didn't know who he was.
.J o(
~ Q ... How mudh time didyou spend with him that day?
0
e A I was there probably a half hour.
Q And other than what you have related here, is that the only conver-
sation you had?
A That's the only conversation I had with him.
Q Did you see ~him smoke?
ll.. No. I don't remember him smoking while I was there.
•
•
e
Marjorie Smith
Q Did you see him eat that day?
A No.
Q Did he get up off the chair at all?
A No .
if Q
~
:5 z ~ r.A z z lol Do
z ~ ~Q
:1: Ul c ~A
.,: u ir :;;:
Q
~Q
u Q
:J ..,
:z: .. ...
"
ai 0::
Mrs. Smith1 have you ever seen Mr. Reynolds eat during this peridd
from '65 to '68?
Yes, a couple of times when I went in they were eating breakfast
in their kitchen. I saw him eat.
Was he able to eat by himself?
At the tfme I saw him he was1 yes. Mrs. Reynolds would cut up
nis meat on his plate, but he could use his fork.
All right. I have no more questions .
Ill ... 0::
0 a. Ill ~ CROSS EXAMINATION BY MR. STEGENGA:
0::
:J 8 Q Mrs. Smith, you testified that you didn't want to turn the assets
..1 ~ u ~ of the Pearl Reynolds estate over to Mr. Reynolds until there was
0
a guardian appointed. Am I rc0rrect?
A That's right.
Q He was the sole legatee under his wife's will.
A That's right.
Q So wha tyou were doing was administering monies and properties
and assets that belonged to him.
56
•
e
e
II
~ z
<( > ..J > VI z z Ill II.
i g
0 z
:1: VI <( ~
.,:
2
II: ... VI 0
..J <( u 0
:I .,
X .. ,..
N
IIi II:
Mariorie Smith
A They did after the Decree of Distribution was down.
Q Well, everything was left to him, you're saying it didn't belong
to him until after the Decree of Distribution?
A That's right .
Q But you have testified earlier that under the law of Idaho you can
make a Decree or get a Decree of Distribution after a period of
four months.
A That's right.
Q And Pearl Reynolds died October 18., 1966.
A That's right.
Q And all this time until the assets were turned over, you were not
going to do anything until a guardian was appointed?
A That's right.
Q Now do you recall when a guardian was appointed, Mrs. Smith?
... A li: The guardian was appointed in January, 1968, after I made the trir:
0 0..
Ill
II: ... II:
:I
8_Q
..J .c;
0 ~
0
A
Q
A
here.
Let me ask you why, if the guardian was appointed in January,
1968, you didn't turn the assets over until September 12, 1968.,
several months later?
,Why didn't I?
Yes.
Because there were some stocks which were discovered, stock
certificates., and we had to file an ~ amended Inventory and
57
Appraisement. And it took a little time to get these stock certificates
Marjorie Smith 58
apprais.ed: by; t.Q.e Stock Exchange in Spokane and the different comparb.ies.
They were all small mining stocks. They only totalled around five Qr
six hundred dollars, but there were several of them.
Q Isn't it a fact., Mrs. Smith, that it was necessary for the bank., the
P.dministrator and the C.P.A. or rather the guardian of Mr. Reynolds
to hire counsel and counsel had to make demands on you to turn
over the assets ?
Yes. Mr. McFadden came to the office and asked me to turn over
the assets and I told him as soon as we got the estate in shape to do
it, we would.
And finally, you did turn them over sometime in September of 1968
That's right.
And a guardian had been appointed in January of '68?
February, I believe it was.
I think it's February 13., 1968.
Yes.
Mrs. Smith, do you recall receiving a letter from my office dated
January 12., 1967, asking you to send to me a statement of Mr.
Reynolds' assets?
Yes, I do.
Did you ever answer that?
I wrote back and I asked you to have Mr. Reynolds make a list of
what he had and you did not answer my letter.
Q In other words., you never replied to my letter as to what assets hel had?
Mariorie Smith 59
A Yes. I sent you--you asked me for a copy of Pearl Reynolds' will
and I sent you a certified copy of Pearl Reynolds' will and asked
you to have Mr ... Reynolds give me a list so that I could check and
see whether I was getting all the estate.
In other wordsJ in response to my letter then~ you asked me to
furnish you with a list of the assets of the estate.
Yes. But you didn't do it.
You didn't send me any list of 'the assets you were administering.
No~ that's right.
Was there any reasonn for that?
You could easily have sent to the Court and gotten a copy of , the
Inventory and Appraisement. You're an attorney.
I hope so. Well~ anyway, you didn't respond to my questions in
that particular letter.
No.
Now I'm going over some checks here~ Mrs. Smith, that you have
identified; Contestant's Exhibits 5, 6~ 71 8 and 9_. that were check~
that were made out to C. R. Reynolds after he was living with the
Blake family. Would you look at those?
Yes.
Now it is my recollection thatyou sent several other checks to C. Ilo
Reynolds during the period of time that he was living with the Blak
family.
A Yes.
Mariorie Smith Rn
Q Do you have those cancelled checks with.you?
A Yes·
Q Can I see them?
IIA They are in my envelope. There are four other checks made to C.IR. • Reynolds.
II
~Q Is this all that you have?
< ~ ~A That's all that was made to him. There are a number that are made z z Ill II.
i to Mrs. Blake. See, these all were made to Mrs. Blake for his
0 1-Cl z x care.
Ul < :tQ I ahow you here a list of checks and information you sent to us
.: u a: 1-of checks sent to Mrs. Blake and also checks sent to C. R. Reynolds.
Ul
Q • .I :! u
And I think there are some 14 checks sent to C. R. Reynolds and
Q
:I ., I only notice 9 here. There are more in your papers someplace.
J: .... ,..
NA These two here .
.; a: Ill ~Q Ttose were sent to Emma Blake.
0 II. Ill
a: A
1-They were given to Mrs. Blake.
a: :I 0 ~Q Yes. Here is with C. Reynolds. There are 14 checks. Now you
< u
i&: II. ha·1e here, I think, j:ust----
0
e IIA I probably didn't bring them all with me. You know, I've got about
half of a filing drawer full of things in this file. I couldn't bring
everything with me. I went through and brought what I thought was
pertinent to this hearing.
Q I see. So it is your understanding then that the rest of the checks
thatyou made out to C. R. Reynolds possibly could be back in St. Mlaries?
•
e
••
Marjorie Smith 61
A Yes. But they were all signed by Mrs. Blake under Power of Attorn~y.
Q Now Mrs. Smith. you were the Administratrix of the estate of Pear
Reynolds with the will annexed. Is that correct?
A That's right.
Q
~A z < ~
)o
Ill z z ... 0.
% c 1-~Q
X Ul ;A
~ u fQ
Ul
0
~A
§
0 ~Q
:t 1-... "'A
ui a: ~Q
0 0. Ill a: A
I-ll: :I
8 Q
.J <
u ii: II. 0
A
You took out Letters soon after Pearl died.
I was appointed the 21st of November. It has to be published in the
paper for three weeks and notice of the probate of the will. And tha:
it was set for the 21st of November.
WhE3n,did you first apply for Letters of Pearl's estate?
A few days after Mrs. Reynolds' funeral.
A few days after death?
Yes.
Now Mr. Reynolds had been appointed the Executor of her estate.
No.
He was named as Executor under the will.
He was named as Executor under the will but he was gone.
Well. did you notify him in any way that you were going to take out
Letters?
No.
Q Are you a relative?
A No.
Q Areyou a creditor?
A No.
Q What power did you have at that time to become the Administratrb
Marjorie Smith
of the estate where there was an Executor in existence?
A I had money in my possession.
Q Well~ I understand that. But was Mr. Reynolds given any type
of official notice that you were going to take out Letters of Adminis~
tratiorl of his wife's estate?
He was given notice from the Court when the will was filed.
Well. what kind of notice was there?
I don't know. My attorney took care of that.
Who was your attorney at that time?
Cope R. Gale .
My question was, do you,know ofyour own knowledge whether Mr.
Reynolds ever renounced his right to administer .the estate?
No, I don't know.
Prior to this time you,had attempted to have Mr. Reynoids declare~
incompetent, had you not?
Yes.
And you had a Citation or a Petition signed to haveyourself appointed
guardian of the Charles Reed Reynolds estate. And this was
never---was it served on him?
No.
Now what time· did he leave that a.rea to come back to Washington?
He left the morning after that was filed.
The 25th?
He left the 26th.
62
Marjorie Smith 63
Q Did he have knowledge thatyou were going to have him declared
incompetent?
A No, he wouldn't haveknown it.
Q You had never talked to him about it? • A No. He wouldn't have understood it if I did talk to him.
iQ This was after his wife had passed away?
o( > .J ~A That 's right .
z z Ill ~Q So thatwould you again have been the Administrator of the will and
z
0 ... C)
~ also the guardian of Mr. Reynolds?
X Ill o( 3:A Yes.
~ ~Q .. I notice that on this Power of Attorney that you had, Mr. Cope
Ill • i5
..1 o(
0
Gale was the Notary Public. Is that also the attorney for the estate~
i5 ~A Yes.
:t ... ,...
w Q Dnd didJ you engage Mr. Gale as the attorney for the estate?
ui a: ~A Yes. a: 0 II. 1&1 a: Q He was not the attorney for---had been the attorney for the ... a: ::J 0 u Reynolds, had he?
.J < ~ A He had been Mr. Reynolds attorney at different times . ...
0
e II Q Areyou related to Mr. Gale?
A No.
Q Is he your attorney, your personal attorney?
A He is my attorney in my business.
Q Now you mentioned in your direct testimony considerable efforts
by Mr. Resor to see that Mr. Reynolds was taken to a nursing
Marjorie Smith 64
home and soforth and so on. Is Mr. Resor a relative of Mr. Reyno]ds?
A A relative? No.
Q And did he have any relatives, blood relatives in St. Maries?
n A No. At one time they had a son, but when he was 24 years old he
• was killed in a one-car accident and they had no other relatives
.,
B
~ there. z < > ~Q He had j'ust two or three nephews, as I understand it.
z z Ill ~ A. z: ' The only nephew I knew about was Mr. Don Blake.
c 1-~Q Yes. And that's the gentleman who came out there shortly before
X Ul c
3: Pearl Reynolds died.
...: ~A Yes • ... U)
e Ci
..1 Q c
0
He had been out there before?
g A Yes . ..,
X 1-~ Q And do you know of your own knowledge that Mr. Reynolds had
IIi II: Ill 1-visited Washington,Pennsylvania before that?
a: 0 0. ~ A No. I don't know of my own knowledge that he was back here. ... a:
:I 8 Q The only relative you know that he had was Mr. Don Blake?
..1 c
§ A
1&. That 1 s the only one I know.
1&.
0 • .. Q
II
And doyou consider this unusual that~the nephew would want to take
his uncle with him to live back in the area where he grew up?
A No,J but I consider it unusual a man that's been away from his hom
town for 60 years or more and someone comes and wants him to gc
back where all of his friends are gone. He was 86 years old at the
time.
M::1-rin-riP Smith IRs
Q You had placed him in a nursing home, hadn't you?
A I placed him in a nursing home at Mrs. Reynolds' request and the
doctor's request.
IIQ Had you made any arrangements to take him out of the nursing • home after his wife passed away?
II
~ :zA No.
~ ~
iQ So in other words, he had a choice then of remaining in the nursing
:z Ill II.
i home or living with one of his relatives.
0 ... Co ~A I:
I presume he did have, yes.
ll· ..
3 Q Now you corresponded some with Mr. Reynolds when he came out
....
~ a: ... here, did you not?
1ft Q e ~A u No.
Q
~Q Did you ever write him a letter?
X ... ....
"" A I wrote him just one letter that was sent certified mail. 'rhat's
Itt a: Ill ... a: 0
the only letter I wrote to him .
II. Ill ~ Q Did you ever write him any other letters?
a:
:::1 0 u A
-I Not that I ever remember.
< u ~ Q Are you sure of that?
0
e II A Yes.
II
Q Did he ever call you after he came to Washington or Washington
County and complained to you about how you were handling his
business affairs?
A No, he didn't complain. He called me and he said, "I'm dismissinl
you under my Power of Attorney." He said, "I'm not going to pay
Marjorie Smith 66
you $25.00 a month to look after my money." "M ld II r. Reyno S 1
I said, "You haven't paid me one dime to look after your money
and I'm going to keep it. It's here."
In other words, he called you on the phone and wanted to dismiss
you as the Power of Attorney.
That's right. I said, "You have to put it in writing." He says~
"In writing?'' And I said1 "Yes. ".
When was that he made this telephone call?
It was in December~ 1966.
And did you res pond to that request in writing?
I think I did. I wrote and told him I wouldn't turn it over.
(Stenographer marks Proponent's Exhibit ~'B").
I show you, Mrs. Smith1 a letter marked Proponent's Exhibit "B"
and askyou if that is a letter that you sent to Mr. Reynolds?
Yes.
Does this refresh your recollection thatyou had sent him another
letter than the one you said you sent earlier~ just one?
Yes. I didn't remember about writing back. But I did write back
and tell him that I will continue to take care of things. Mrs. ReyndJ.ds
told me if he was left alone he wouldn't have a dime in six months.
We are going to object to what Mrs. Reynolds told you and ask tha
portion be strickenfromthe record.
THE COURT: The objection is sustaine~.
The answer is stricken.
•
e
--
Marjorie Smith
Q In this letter~ did he make inquiry about the payments on the buildiqg
that was due him?
A No.
Q You say here1 "The payments on the building are in an escrow
o(
z o( > ~A Ul z z Ill II.
z
0 1-~Q
X
Ul ;A
.,:
~Q
Iii Q
... A o( u Q ::lQ .., ~
:t ...
account and must be paid into the bank on the escrow to receive
credit. 11
It was aaetteir that Mrs. Blake wrote to Mr. ResorJ asking him to
make the payments to her. The letter was not written to me.
Well now 1 you are writing to Mr. Reynolds here.
Yes1 I was just explaining to him .
You are explaining to him what happened to the payment.
That's right .
And didn't you say~ "I'm sorry you feel I have not been taking
...
w care of your business satisfactorily."
lfi a: ~ A That's right.
0
67
II. ~ Q And this was due to a complaint he made on the phone~ is that correct?
t-o: '
:I 8 A He didn't complain about what I was doing. He said he was going ... .
o(
~ to dismiss me. I felt he was being coached from the background . ...
0
Q You felt he was being coached from the background? I see. Now
you also rem:i:rided him of a check you gave Mrs. Blake for $175.00
when they left there.
A Yes.
Q And you said1 ''Henry Swope and Sam Racy have been asking about
you. "
•
e
•
Mariorie Smith
A That was two of his old friends.
Q Mrs. Smith, you have testified that there "':ere times that it didn't
seem like he knew what was going on. Is that correct?
A Mr. Reynolds ?
Q
~A z ~ ~Q z z .. a..
z 0 .. ~A
:r; u: ;Q
,_; u a: ... ~ 0: _,A
~ u
Yes.
Yes.
That was his condition as far as you were concerned when he left
Idaho in '66.
That was his condition.
Now why would y..q,u, .in 1968 or '671 rather, in 1967, send him a
check for $1115.00 if you knew this?
Mr. Park told my attorney that the Blake's. wanted to take him to
68
Q
:I ., a Shrine Convention and he wanted some money. So I figured up what
:z: ... ,..
""
IIi a:
the income was, about $250.00 a.month, and I sent him the differende
~ between what I had already sent and the $2500.00 which he would a: 0 D. ~ have had from the income in the estate for ten months. That was
1-a:: :I 8 the time he was gone, ten months, and I sent him the difference of
.J ~ u ii: that.
1&. 0
Q You sent this directly to him?
A Yes. Why should I have sent it to anyone else?
Q The other checks you sent to him also?
A Yes.
Q So then you felt that he was capable of transacting that business?
A I sent those to him because he was the heir in the estate and it was
Marjorie Smith 69
his money.
Q I see. When you wrote to him on December 14J 1966, explaining
to him all about the various business transactionsJ there was
no question in your mind that he would understand whatyou were
• talking about, was there?
II
:5A z No. I just wrote the letter because I wasn't going to write to the
o( > .I )o en Blakes.,
z z Ill ~Q I see. In other words, you wrote it to Mr. Reynolds.
z 0 1-~A I wrote it to Mn:. Reynolds.
X en o( ~Q Now I'm interested in one thing in that letter, Mrs. Smith. You
..: u a: had Power of Attorney for quite some time owr both of these folk ... Ul • jj _,A
:5 u
Yes. From January, '66.
jj ;Q Did you receive any c·ompensation?
:z: .. ... NA No, not for the Power of Attorney.
rti a: ~Q a:
Did you receive any compensation for administering the estate?
0 a. Ill a: A Yes. I received the legal amount.
1-a:
:J 8 Q You said the paymentson the building are in an escrow account
.I < u
ii: and must be paid into the bank. Was that in the agreement or wher
II. 0
did that come from? e A That was their habit. Mrs. Reynolds had a big stack of deposit
slips that the Res or's put the money in the bank in Mrs. Reynolds'
name and gave them the copyJ gave her the copy of the deposit slip
and that was the habit. I went to the bank and asked them if those
papers were:in escrow and they saidJ noJ they were not in the bank
•
•
e
Mariorie Smith 1()
They were at the office of Hawkins and Miller, a firm of attorneys
in Coeur d'Alene, Idaho.
Q But my point is, the $200.00 a month paymento was to go directly
A
~ Q z g
>-II) z z Ill IL
i 0 1-1!1 ~
l:
"' .. ::A
t-' t,;: iQ ..... r. c
.I c
u Q ~A
:c ...
"" N
IIi
It' ~Q a: 0 :li a: A
..... a:
:I
8Q
..1 < ~THE ... .
0
to Mr. and Mrs . Reynolds .
That's right. But they were always made to Pearl W. Reynolds.
Yes, but what do you mean by saying to Mr. Reynolds in this letter
of December 14, 1966, "The payments on the building are in an
escrow accourt and must be paid into the bank on the escrow to
receive credit?"
That's true on escrow accounts. They must be paid to an intermedi~ry.
Isn't it a fact that one of the things Mr. Reynolds wanted was the
income from this building after his wife died?
I don't know. He didn't tell me that he did. It was used for his
care.
· Did the Blakes; ever tell you that should be sent to him?
No. The payments made to Mrs. Blake.
I have some more questiori':l. If Your Honor wants to break for lunch~-
COURT: We will recess at this time for the lunch period
until 1:30.
* * * * * * * * * * * * * *
At 1:30 o'clock P.M., the hearing resumed:
•
•
e
1\IT :::~ ,..; n"Y'i P <::!rn it h
Mrs. Marjorie Smith resumes the stand.
(Stenographer marks Proponent's Exhibits "C" and "D").
THE COURT: Do you wish to enter your appearance1 Mr. Gregory!?
MR. GREGORY: I enter my appearance for the Proponent.
< z CONTINUED CROSS EXAMINATION BY MR. STEGENGA: < :-;
>-!l1Q ;;:
Ill IL
i 0 ... C!l •
~A :z: II> < :a:Q
t-'
1,;
fA If. 2
~Q
l; c
:c ... ,..
NA
cD 0: Ill
trQ 0 II. Ill ~A II:
::l, 0 ~Q < u ~A
0
Q
Mrs. Smith, I show you Proponent's Exhibit "C" and ask you to loo
at the signatu're on that piece of paper. And whose signature is that~
It purports to be the signature of Charles R. Reynolds.
And what is the date on that piece of paper?
April 31 1967.
And I show you also Proponent's Exhibit "D'' and ask you whose
signature that is?
It says Charles R. Reynolds .
Is that his signature?
lt doesn't look like his sigm. ture.
What is the date on that ?
May 1st, 1967.
Now you testified earlier this morning, I believe, that Mr. Reynolcts
never signed his name Charles Reynolds. Is that correct?
A I never knew him to sign his name Charles.
(Stenographer marks Proponent's Exhibit "E").
Q Mrs. Smith, I show you what has been identified as Proponent's
'71
Marjorie Smith 72
Exhibit "E11
1 which is a check dated December 81 1964, and ask if
you can identify the signature thereon?
A I think that's Mr. Reynolds' signature. But he probably had his
membership in this Temple in the name of Charles Reynolds. That·~
• probably why he signed it that way.
II
iQ My point is he did sign the papers and documents and checks in acc<brd-
< > ..1 )o
Ill ance with the way his membership might be or something like that .
z z Ill ~A z He may have.
0 1-~Q So he did sign his name Charles R. Reynolds?
:r U:· c ~A That is signed Charles R. Reynolds.
.: u ~Q And there is no question in your mind that that is a genuine signature?
II)
e jj
tA
0
That's his signature.
jj
~ Q Now you are a Notary Public~ are you?
X 1-...
"" A Yes, I am.
vi 0::
Ill Q ~ And you have people come in your office and sign papers?
0 a. "' o:: A .... That's right.
0:: ::I
8 Q Now do you have them sign the papers just as their name is set for1L1.
..1 c
u ii: on the instrument?
"' 0
e II A That's right. I look at the instrument and tell them to sign it just
like it is on the instrument.
Q In other words,. if Mr. Reynolds was signing this will, Exhibit
"A'.'~ and it's typed there1 Charles Reed Reynolds~ he would normf.lly
or you would advise him if you'd advise him to sign it Charles
Reed Reynolds ?
Mari orie Smith 7~
A That's right.
Q So whatyou are telling us then, Mrs. SmithJ is the fact that you
kr~ew him to sign C. R. Reynolds but when the document or the papElr
or his membership might have his name Charles R. or Charles • ReedJ that he would sign in accordance with that?
II
~A z That's the way some people will do.
~ ..J ~Q z Now about August, 1967 J Mrs. SmithJ did you send or have your
z Ill II.
i attorney send to Mr. Park and McFadden in St. MariesJ certain
0 ...
0
?: releases or receipts for stock certificates to be executed by Mr.
:z: Ul ~ ~ Reynolds?
..: u iA ... I don't recall receiving anything like that •
en Q e ~Q
u
Well" when Mr. Reynolds left St. Maries he took with him certain
0
j ., s tcck certificates" did he not?
X .. ,..
"A When Mr. Reynolds went to St. Maries ?
IIi a:: ~Q Came from St. Maries to Washington" he took with him certain
0 II. 1&1 a:: ... stock certificates.
a::
j 8A I don't know whether he did or not. He had some Grandview stock
..J ~ u
ii: ... that belonged to Mrs. Reynolds and I couldn't find the certificate.
0
e II You wrote and said that I'd better find that certificate because
I've written on there it was not available. Later I found that you
had the certificate. That was the only one I know of.
Q How about the Silver .· Spring Mining stock? . ~ -· L
A There was some other mining stock. He had various Silver Mining
stocks, Silver Bowl1 Silver Surprise.
·~
•
e
e
----------Marjorie Smith
Q You don't recall getting a receipt from Mr. Reynolds about August
of 167 executed by him for the receipt of certain stocks he had in
his possession?
A I have a photographic copy of it .
Q Of the receipt?
:!: A Y~s. z c '> ~ Q Do you have it with you ?
z :z -.s ·~ A Ina ve given it to my att,orneys.
:!! 1) ... . ~ Q Well now~ did he sign that receipt or did he put an "X" on it?
:r .,
; A H8 signed it, it was signed with a name .
.: ~Q
I;
~A ~ u gQ .,
.t ,_
:; A
IIi c:: ~Q c:: 0 t. u c:
1-c
::J 0 u
..I < u k: II. 0
Q
H::>w does it appear on there?
Charles Reed Reynolds.
·And do you mind asking your attorney if we can see that receipt?
It's a photographic copy. It's not the original receipt.
Well, we will look at a photographic copy.
MR. BELL: Mr. Finder is trying to find it.
THE COURT: Mr. Stegenga, would you care
to continue while they are sea:rchin.g·'fCJr that receipt?
Yes.
(Stenographer marks Proponent's Exhibit 11 F 11
) •
Q Mrs. Smith, I show you Proponent's Exhibit , 11F 11
, which purportE
to be a check dated September 25, 1964. And Mr. Reynolds was
then living in the apartment house in St. Maries, was he?
A Yes.
74
•
•
e
Mariorie Smith
Q And I ask you whose signature is on that check?
A It's Reed Reynolds and the bank has put his initials down there
Q
~ A z:
·(
'> :.J
iii Q 2 z Ill ... A
z 0 1-~ Q i Ill
; A
..: ~ Q .. .,
Q
..1 o(
0 Q
:I .,
:: ~ A
ri II: ~ Q II: 0 II. ~ A
1-c:
:I
8 Q
.l
== u
i;:
I;.
0
1:: A
Q
A
b3cause that's the way the bank account was, C. R. Reynolds.
Do you notice anything about tm t signature? For example, writing
over it or tracing over it?
I notice that it looks real shaky.
noes it look like it's been written over or something?
All it looks like, it was written with a heavy pen .
Would you look at the R here and see if you can't see two R's there
Yes. There's two R's and there's two L's .
So you had some earlier checks you said looked like somebody had
written over it. Doesn't that <;lppear after careful examination that
he retraced that?
Later ones than that.
But here is one in '64. Doesn't it appear to be traced over there?
Yes.
You say when he left the last time in St. Maries he walked by himsl=lf
down the hall?·
Yes.
Did you say Goodbye to him?
No.
75
Q Did you and Mr. Reynolds get along all right? Did you have difficul:ies
from time to time?
A No. We got along very well.
M:=trioriP ~mith r-; C!
Q. You had been looking after business affairs for the Reynolds though
for some years prior to the time--
A No.
Q
II
When did you start? • ~ A When I took the Power of Attorney in January, 1966.
i Q < Well, did Mr. Reynolds look after his own affairs or did Mrs. Rey:t10lds?
> .J ~A z Mrs. Reynolds looked after the affairs.
:;:
ill ~Q Did she do this all the time?
co ...
Cl ~A Yes. z:
U'· ..
31 Q So Mr. Reynolds didn't pay as much attention to the business affairts
t-' \.: it ... as Mrs. Reynolds did?
cr.
e Ci
~A u That's right.
Ci ~ Q That's whatyou meant in your letter of December 14, 1966, that he
:c ... ,...
N didn't know---! forget how you put it. "We all know that she did
f1i a: ill ... a: all the business dealings and took care of all financial transactions
0 Q,
ill a: ... for a number of years, and I doubt thatyou know what has been done
a:
:I
0 0
..1 or what there is to be done on these things."
~ 0 E A That's right.
0 • II Q In other words, she sort of looked after the business affairs and
did you help her?
A No, not until I took the Power of Attorney.
Q You prepared their Income Tax Returns?
A Yes.
•
e
e
Mariorie Smtith 77
Q And did all. their notary work?
A They didn't have any notary work to be done.
Q Sell them insurance?
MR. BELL: Your Honor, I object.
I think this is getting irrelevant .
THE COURT: The objection is overruleCI.
~ z ~ Q
)o
Ul z ~A a..
z: c 1-
1.'1 ~ X ~Q
~
.: u a: I-sA
.J o(
~Q
:I ..,
Did you sell them insurance?
I sold insurance to Mr. Resor on the building. The insurance was
in Mr. Resor's name.
That's after Mr. Resor purchased the build:iing under whatyou calle
a conditional sales agreement .
Yes.
Did Mr. Resor have a place of business in this building?
~ A Yes.
w
~ Q What kind of business was that?
Ill
1-a:: ~ A He has a tavern.
a: ... ~ Q Did you have your place of business near this building?
0 u
.J ~ A I had my place of business on the second story of this building.
ii: II. 0 Q Then the Reynolds lived in the building in an apartment?
A Yes 1 nextdoor to my office.
Q When they were taken to the nursing home1 who occupied the
apartment?
A No one.
Q Do you know of your own knowledge any arrangements between Mr.
Marjorie Smith 78
Res or and the Reynolds about rent for an apartment?
A No.
Q ~'hen they were taken to the nursing home1 I believe you took them
with Mr. Resor?
• II A
No, I did not. I did not go with him.
~ Q z Mr. Resor went with him?
o( > ~A VI That's right.
z z Ill ~ Q Do you know whether you notified any of Mr. Reynolds' relatives
z 0 ... c z or next of kin thatyou were placing him in a nursing home?
X Ill
; A No. It wasn't necessary. Mrs. Reynolds was perfectly capable of
... u ii: looking after their business. She was not nursing home material. ... Ill • 0
..1 o(
0
But she wanted to go with him .
g Q .., When you asked to have Mr. Reynolds adjudicated incompetent
:c ... ... cc in October of 1966, had you notified any of the relatives or next bf
IIi 0:: Ill ... kin of Mr. Reynolds ?
0::
0 II. ~ A No, I didn't. The doctor sent word for me to have a guardian ... 0:: :J 0 u appointed for him.
.J <(
~ Q The doctor did?
II. 0
e --A
II
Dr. Mosley sent word by another attorney for me to have a guardian
appointed for him.
Q Did you know who _ his relatives were, Mrs. Smith?
A The only relative I knew was Mr. Don Blake.
Q When you decided to have this guardian appointed, had you discuss~d
this with Mr. Blake?
Mariorie Smith 79
A No.
'• I ~ j
Q Had you ever discussed this with Mr. Blake?
A No. Why should I?
Q When he was there~ I understand you already had the papers signed • by the Judge, the Probate Judge~ setting up the hearing.
II
< z A Yes. < ~
~Q When1Mr .. Blake was there'.?
z Ill ll. iA Yes.
0 ...
Cl ~Q
:t
Did you, at that time, discuss with him that you were going to have
Ill c ~ a guardian appointed for Mr. Reynolds?
...: u ~ A No, because I thought Mr. Reynolds was going to go back to the .,
0 • ..1 ~ u
nursing home .
0 ~ .Q Why didn't you feel, Mrs. Smith, that it was important when his blopd
:t 1-" Ill relatives were there not to dis cuss with them the fact that you wer
IIi a: Ill ... a: going to be appointed as guardian of Mr. Reynolds' estate?
0 D.
Ill ~ A They resented me having control of the money and their attitude
a:
j
0 u towards me was not too friendly.
..1 c
u ~ Q Well, they resented you having control of the money?
0
e II A Yes:
.. Q Well now, whose money was it?
A It was Mrs. and Mr. Reynolds' money.
Q After she died, it would be his money.
A Yes. And their sole intention of coming back there and bringing
him back to Pennsylvania was to get control of the money, in my
-~
MarioriP. Smith RO
opinion •
Q That is your opinion.
A If he'd have been a poor man, they would have never bothered with
him.
But you didn't feel it was necessary to discuss this guardianship
with Mr. Don Blake, the only relative you knew about, who was
present in Idaho at that particular time?
No, I didn't.
You mentioned earlier that the reason you didn't notify anyone
about taking him to the nursing home, they both went the same tima.
That's right.
Because she was perfectly competent.
Yes.
Did she remain so until she died?
As far as I know. The last time I saw her was right after Labor
Day. And then when I heard that---no, then the Blakes: brought
him up to St. Maries. They came by there on a trip from Californ*
and they brought her up about the 26th or 27th of September, and
at that time she was in bad physical state. She could hardly come
up the stairs. That was the last time I saw her because I called
the doctor after she had the stroke and he said she didn't know him
she was in a coma.
Q What year was that?
A 1966.
•
e
e
Marjorie Smith
Q In September?
A Yes.
Q But up until that time she was perfectly normal?
A Yes .
Q
~A z
~ ~Q z z Ill II.
z 0 1-CI z
i "" ..
3: A
...
t: ~Q v: c
~A
u
i5
:I .,
I: ..... N
16 a: Ill ~ 0 Q,
Ill ~ Q a::
:I 0 u
.J < 0 ~ A
0
Q
She had no problem ?
She had no problem.
I am looking at this Power of Attorney~ Contestant's Exhibit Numbelr
3., and I note it's dated the 19th of January~ 1966. You were also
Power of Attorney for Pearl W. Reynolds at that time.
That's right.
What would be the reason for that if she was competent?
Ste told me that she was getting so nervous that she couldn't make
out checks anymore or take care of the business and asked me if
I would look after it for her. And I would write the checks on the
typewriter and she would sign them.
So you were also, you say you had the Power of Attorney for
Charles R. Reynolds and also Pearl W. R·eynolds?
Yes. I had Power of Attorney for both of them.
That was dated on the 19th of January, 1966?
A That's right.
(Stenographer marks Proponent's Exhibit "G").
Q Mrs. Smith., I show you Proponent's Exhibit "G" and ask you what
that is?
A This is a copy of a receipt for some stock certificates. Why was I
81
Mariorie Smith 82
never given the original?
Q I can't answer that, Mrs. Smith. Is this a receipt for certain
assets in the estate of Pearl W. Reynolds? Is that correct?
Yes.
400 shares of Silver Seal and 400 shares of Silver Surprise. And
that's dated on the 14th day of August~ 1967.
MR. BELL: Your Honor1 we object
to the admission of this,; under the Best Evidence
Rule the original would be the one which is apparenqy
in the possession of the Proponent.
MR. STEGENGA: I don't think that it's
in the possession of the Proponent at all. Mrs. Smith
is the one that wanted the receipt and she got it.
I didn't ask for this receipt; it was sent to me voluntarily.
THE COURT: She just testified that
she never got the original. So if she hasn't gotten
the original and we have the photocopy of the original
here1 I see no reason why we shouldn't use the
photocopy. The objection is overruled.
Wnose signature appears on that receipt?
It purports to be <Fl.arles R. Reynolds. but I don't think it is.
You don't think it is?
No.
Marjorie Smith 83
Q That signature is witnessed by someone, is it not?
" A It's witnessed by Edith Tanner.
Q Mrs. Smith. how did you happen to get a copy of that?
A Mr. Park sent it to Mr. Cope Gale, my attorney. • Q II
And was this sufficient for your records tohave that for a receipt?
~A :z I used it, yes. It's the only thing I had.
< >
gQ Did you question the signature at the time you got it?
z z Ill ~A Yes. I told Mr. Gale that's not Mr. Reynolds' signature. z 0 ...
~Q You never wrote to anyone1 Mr. McFadden or Park or anyone else
X Ul c ~ concerning that, did you?
.,.:
~A No • ... Cl) • Q
.JQ c u
And you put it in your file and that was your receipt, that certain
Q
:::l .., stock certificates in the name of Pearl W. Reynolds were in the
X .. ,..
N possession of Charles Reed Reynolds?
wi a: ~ A a: Yes, I used it.
0 Q.
~ Q
1-
And so accounted to the Cour~~ Probate Judge~ Mr. Irvine in Idaho
a:
:::l 8 A I didn't ever show him that cor:y. I used it in the appraisement. .J < ~ Q II.
Yes. All right. I believe that's all the questions I have.
0 •
•
•
e
Marjorie Smith
REDIRECT EXAMINATION BY MR. BELL:
Q Mrs. Smith~ are you the benefiCiary under the will which is now
being contested?
A No •
Q
< z < ~ l;A z z ~Q z 0 .... ~A
i: Ul ;Q
.,:
t:· it A ... u: jj
~Q
u c ; A
Are you the beneficiary under any prior wills that C. R. Reynolds
may have had?
No.
Do you have any interest at all in this?
I don't have any interest except that I was a friend of Mrs. Reynold~.
You say you were a friend of his for about how long?
Both of them .
For how long?
Well~ for about 30 years. And they went to the Rose Bowl Game
84
:t ,_ ,...
('I with my husband and I~ January 1st, 1950. And at that time we becf:l,me
tti a: Ill .... a: quite well acquainted with them. They were in the car with us
0 Q.
Ill a: for two weeks and we became quite well acquainted with them.
~
:J 8 Q In your opinion then would you say you and your husband~ while
.J < u j;: ... he was living, ware the closest friends?
0
A We were not as close as Mr. Resor, I don't think., but we were
real friendly. We invited them to our home for dinner and took
them out to dinner and took them to Spokane.
Q The Reynolds would take you into their confidence?
A Mrs. Reynolds was not one to talk much about their business.
Q But Mr. Reynolds?
Marjorie Smith ,fl:)
A No. He was always a man that he had a lot of money. He was alway~
telling everybody he had a lot of money. He'd say1 -I've given
so much to so and so. That's the way he talked.
II Q On the letter which you sent to Mr. Reynolds~ Proponent's Exhibit • "B''~ did you send that letter intending Mr. Reynolds to read it and
II
< understand it? z
o( > .J ~A No. I sent it for the Blakes' benefit.
z :;:
Ill ~Q And did you ever get a reply back on that letter?
:;:
0 ... ~A No.
i Ut
;Q At any time~ did you ever get a written termination of your Power
.,:
I.
ir of Attorney?
~ e 2 ... A .. [
No.
~Q Now going back to Contestant's Exhibit 101 this was a letteryou sen
:t ~ ...
"' on November 6, 1967 to Mr. Reynolds, certified mail1 address_ee
Ill a: Ill ... a: only. Is that correct?
0 0. ~A That's right.
..... a:
j
8Q And again, when was the letter delivered?
.J < ~A The letter was delivered on the 8th of November, 1967. 11-8-67.
II. 0
e .. Q
"A
The 8th of November, 1967.
Yes.
Q And again, what does it say on there?
A It says Letter delivered to C. R. Reynolds. He cannot write.
(Stenographer marks Contestant's Exhibits 11, 12, 131 14).
•
e
•
Marjorie Smith
Q Mrs. Smith~ I show you Contestant's Exhibit 11 for identification,
a cancelled check, and ask ifyou can identify it?
A November 15, 1967. It's $250.00 I sent to C. R. Reynolds.
Q Is it endorsed on · the back?
A It's endorsed C. R. Reynolds and Emma Blake, Power of Attorney
i Q Now the C. R. Reynolds' signature, is this the one that is purporte~J,
< > g to be on all the other checks, Mr. Reynolds' signature?
z z ~ A Yes. It looks like the one on the other checks.
z 0 ... ~ Q Yet you got a return receipt on November 8th, 1967~ which stated
X II
; he cannot write •
..: u t: A Yes. .. n
86
ii
.,J c Q I show you Contestant's Exhibit 12 for identification. Can you identFy
u ii
:J it for us? .,
't .. ... A This is dated December 5, 1967 for $300.00. It's made payable
ri c: "' ... to C. R. Reynolds from the Estate of Pearl W. Reynolds, decease41.
1: 0 II.. Ill c: Q And the endorsement on the back? ... t: :I 0 (,) A The endorsement on the back is C. R. Reynolds, Emma Blake~
.J <
u L: Power of Attorney.
L. 0
lo Q And this is the same signature?
A Same signature that purports to be his signature.
Q On all the rest?
A Yes.
Q And this check is dated after you received---
A A month after.
Marjorie Smith 87
A month after the return receipt saying he cannot write?
That's right.
I show you Contestant's Exhibit 13 for identification.
This is a check dated January 4, 1968 made payable to C. R.
Reynolds for $250.00 from the Estate of Pearl W. Reynolds, deceased.
Is it endorsed?
The signature on the back is C. R. Reynolds, Emma Blake, Power
of Attorney. That's the same signature that's on some of the other
checks .that I had.
And this again is after---?
Purporting to be his signature.
This is after the date of the return receipt?
Yes, the return receipt for the certified letter.
The last Contestant's Exhibit 14 for identification.
February 5, 1968, made payable to C. R. Reynolds for $250.00
in the Estate of Pearl W. Reynolds, and there's another signed
C. R~ Reynolds, Emma Blake, Power of Attorney. This was a mod.th
after I s~w him here in 1968.
This is a month after you saw him?
Yes.
And what was his condition then again?
He was a vegetable.
Mrs. Smith, I want to show you Proponent's Exhibit "A", which
is the alleged Will of C. R. Reynolds, and ask you. if that is his
•
e
•
Marjorie Smith
li'
signature that appears at the end of it?
II
A In my opinion, that is not his signature.
Q Okay. Thank you. I have no more questions, Your Honor.
i RECROSS EXAMINATION BY MR. STEGENGA:
-< ~ ~ Q Mrs. Smith, did you volunteer to come here to Court today? z z Ill ~~...A What do you mean, volunteer? z 0 ... ~ Q You weren't subpoenaed to come here, were you?
::t Ul ~ ~A No. I came here with Mr. Resor.
t-= ~Q
t;
i5 .~A ~ u ~Q
% 1-...
Mr. Resor asked you to come?
Yes.
And who is paying your expenses to come out here from Idaho?
N A Mr. Resor.
IIi a: 5 Q You have office space in his building?
0 D. Ill
a: A Yes . ... a:
:J 8 Q How much rent areyou paying?
.J
~ u ii: A $70.00 a month • ...
0
Q Do you pay him that every month?
A I pay him the first day of every month in arlvance.
Q He is paying all your expenses while you are here?
A That's right.
Q And you came out here to testify in his behalf?
A That's right.
88
••
•
e
Stanlev Resor
Q That's all.
MR. BELL: I have no questions.
< z
(Witness excused) •
~ STANLEY RESOR IS CALLED AND SWORN.
)"
Ill ~ DIRECT EXAMINATION BY MR. BELL:
a.
z' ~ Q State your full name.
C! z
::t ~ A Stanley L. Resor.
:t
~Q u Where do you live?
a: t; c A St. Maries, Idaho.
... c 2 Q Q Areyou rna rried?
:I ..,
~ A ,.. lam.
w
~ Q Isyour wife living?
Ill ... a: ~ A Yes. Ill a: ... ~ Q She livesin Idaho with you?
0 u
~ A With me. u
ii: ~ Q Where do you live? What address do you live at?
A 231 Ninth Street, St. Maries, Idaho.l' 13861, Zip Code.
Q What is your occupation?
A I have a building that I have been buying. I have a tavern myself.
I have a club in it. I rent apa<rJ:tnents upstairs for a living and alsc
offices.
R~
•
•
•
Stanlev Resor 90
Q And this is what you have done throughout your life?
A Well, since I've been in the pool hall since 34 years.
Q Did you know C. R. Reynolds?
A Real well .
Q How long have you known him?
:!: A z Since the early '20's.
< > ~Q Will you tell the Court how your friendship or acquaintance came abl:>u.t? z z ..
D. A
i He had a son a year younger than I am. We went to school togethe1
0 .... ~ z all the way through high school. Bob went to college, was an enginqer,
:t Ill ~ ~ working on the highways and he came home one morning, the sun
....
!:! a: hit him in the face and he was killed in a one-car accident. All this
1-Ill Q ... < time I used to go up their house. I had suppers with them. We
0 0
::J ., played together like all kids. I knew him real well.
:r: 1-~ Q After Mr. Reynolds' son was killed, did your relationship become
IIi 0: ~ a closer one? a: 0 a.
Ill a: A It developed real close. He more or less thought of me as one of
1-0:
::J 8 his sons .
..1 < u ii: Q How old are you, Mr. Res or?
1&,
0
A 61. Bob would have been 60.
Q How was Mr. Reynolds' general health and mental capabilit}es fro¢
the years thatyou knew him ?
A Well, he was an individual all his own. He was in good health.
He was an engineer by trade, mechanical engineer by trade .. He
worked c. on the railroad a little while. He came in St. Maries---
Stanley Resor 91
this is hearsay through my uncle and Reed told me the same thing-
in 1915~ I believe it was, when Benewah County was made a County
he was the first assessor of Benewah County. And I didn't know hirr
too weiL in them days, but around, I'll say '22, '23, I got to know
hl.m.
Did you know his wife Pearl?
I knew her as Susan.
Were you a good friend of hers also?
Real good friends.
Whed did you notice or begin to notice any change in the physical
and mental condition of Mr. Reynolds ?
Roughly, in '65.
What took place?
Well, he used to come down all the time and talk to the fellows,
play pinochle once in a while, and have a couple drinks everyday.
he'd go home, his wife would make him a highball before supper.
Along about '65 he came down, he started slowing down and he
would come down and the fellows used to play pinochle. sit around
and talk. Sometimes he wouldn't even visit with them. Up to that
time I used to cash his checks. I probably cashed around 100, 150
checks. After '651 I never cashed a check.
Q Had you ever seen him sign his name?
A Several times.
Q Are you familiar with his signature?
c:;t!:>nlou Oocn.., Q')
lam.
How many times have you seen his signature?
Well, it's hard to say. At leaS: a hundred or more.
And did you ever enter into a contractuaL·_ agreement with him for
ar:y property?
For his building.
And was this called the Reynolds Building?
Called the Reynolds Building.
And when did this take place, the date?
I think it was in October of '55.
Mr. Reynolds was in good health mentally and physically?
Both.
What were the terms of that purchase?
Up until that time, why, I didn't know that we were going to get the
building. He came up one day and he got my wife and myself to takE
him to Coeur d'Alene. At that time Mr. Miller was his lawyer.
Went down there and they brought out this contract1 $50~ 000.00
for the building. And the agreement was $200.00 a month and
in:erest. Well~ I was paying $200.00 a month anyway. So to me
I
it was no loss; I thought that was a real good deal. (b the way
home he said, "I lost my son,_" he says~ "You're the only son I've
get and I want you to have something when I go." That was the storiJ.
Q You have been paying, continually paying this $200.00 a month?
A In advance every month.
.I . ~ Stanley Resor 93
Q Into the. estate?
A To the estate up until January when Mr. Reynolds died and I put
it in escrow to wait to see what happened.
Now beginning in '651 will you describe to the Court Mr. Reynolds
condition?
Well .. he didn't deteriorate too fast. He w oold come down some dayts
a little shaky; other days in pretty fair shape. As time went on~
he sta:rted using the cane and got so if anybody talked to him at all
he had 1501 200 thousand dollars. He'd give $50.00 to some charitpr
or $20.00 to a football game and all that.was imagination with him.
Did you notice anything unusual about his right side?
I don't know just--! don't know what date it was., but I know the doctor
told me he had a slight stroke and I know around '66 he had hardly
any use of his right hand. When he did it shook awful bad.
How about as far as mobility., moving around on his feet?
Until the time he went to the rest home~ well, I'll take that back.
He went to the hospital and he was in there a month. The reason
the doctor wouldn't let him out., he had to have care day and night
and their apartment didn't have room for anybody. Mrs. Reynolds
could get him in the resthome and went with him so she'd be with
him;and so when he got ready to go, I picked up Mrs. Reynolds.,
went to the hospital., got Mr. Reynolds and took them down to the
resthome., which is about 55 miles from St. Maries.
Q Mrs. Reynolds went with her husband~ C. R. Reynolds?
Stanley Resor 94
A That's right.
Q Was she ever in there before in the resthome?
A No.
Q This is her first time in also? • A The first time she went down and she was competent but she went
~ z with Mr. Reynolds to be with him.
c > .J ~Q Was Mr~ Reynolds able to walk around at this time?
z z Ill ~A He could walk around with help. z 0 ... ~Q The help you are speaking of---
:r Ul c
3: A If you'd take a hold of his arm and help him walk he could walk pre*y
.,: u ii: ... well, or he had a cane.
Ul 0 • ~ Q u
What hand did he use the cane in?
0 ~A Mostly in his right hand. , Once in a wh :ile in his left, but mostly
:t ... ,..
COl in his right.
IIi a: ~ Q From '65 onJ did you ever observe Mr.· Reynolds signing anything,
0 0. Ill a: ... his signature on anything?
a:
:I 8 A He never cashed a check after that .
.J ~ ~ Q You never saw him use his signature?
II. 0 • .. A
Q
No .
Did you know that he was making "X's" or marks now?
A That's what I heard.
Q Did you visit him at the nursing home?
A At least once a week and sometimes twice.
Q ,Was this continually until his departure from Idaho?
Stanlev Resor 95
A It continued until Mrs. Reynolds died.
Q How did his condition progress from the time he entered the nursin~
home until the time he left?
IIA Gradually downhill. The day I went to get him for the funeral of • Mrs. Reynolds1 we had about 80 feet to go to the car and we took
I~
~ z him out in a cwhe:ell.chair. And when I brought him back to the home!
< > -' )o uo he was in a wheelchair.
z z
lifo II.:Q z. As far as conversation with him~ how was he as far as reasoning
c 1-e z and was he comprehensible?
:1: Ul < ~A Well~ we'd go down and I'd sit in the back porch there with him and
.: u a: ... he'd be in the wheelchair. My wife woul~ visit Mrs. Reynolds. Anc
!! e 0
-' < 0
he'd say,, ''My~ i~'s pretty weather around here."/ Talk about the
Ci :I "'> weather. Never once asked about his friends in St. Maries and
l: ... ... N you could hardly carry on a conversation with h'im.
IIi a: ... ~Q The last few months there~ did he recognize you? .
0 0..
Ill
a: A ... He would recognize me1 sometimes he'd call me Mr. Res or; some
a:
:I 0 u times son or somet:lmes Stanley. He knew who I was but conver-
.J
~ 0
ii: II. sation-wise1 he didn't know much what he was talking about.
0
e IIQ The conversations with him1 were~;)OU able to understand? Do you
think he was able to understand his conversations?
A I don't think so. One time he said, "What woman is that in St.
Maries taking care of our affairs? 11
Q After his wife died~ did he ever say anything concerning his wife
A I didn't talk to him too much after his wife died. Took him back thl3,t
----------
<::t::~nlPv 'RPROr loR
night to the resthome. The Blakes. came out and got him1 brought hlim
up to St. Maries and when they took him I couldn't stand to go out
and see him leave, so I didn't talk to him.
The Blakes ·are the ones that removed him from the nursing home?
That's right.
The day they removed him do you recall when that was?
I don't 'know if I have got that date here or not. Weli1 Susan or
Mrs. Reynolds was buried the 22nd.
Of what month?
Of October. It probably would have been in '66, and it would be
within four or five days after;.
It would be around the 26th or 27th of October?
Yes.
Did you see them after that date?
I talked to Mr. and Mrs. Blake just for a few minutes::•.and that's
all I have ever seen them.
What was your conversation with them?
They just said they were going to take Uncle Reynolds back to
Washington and I said, "I'm sorry to see him go." And they promi.ted
me if he didn't like it back here they would send him back or bring
him back. He asked me if I wouldn't write to him. I wrote to him
at least every month. I never did get an answer back from any of
them. Mrs. Blake never did answer.
Q Did vou have an opportunity to speak with Mr; Reynolds prior to
Stanley Res or 97
his leaving to determine if he wanted to go?
A I started to talk to him and the Blakes..; was there all the time. I
had no chance to talk to him privately and everytime you'd ask him
a question they would answer it. • ~ Q From 1965 on~ until he left in '66, October of '66, did you observe
:5 z his eating habits?
< > -; A Ul Very well. z z Ill ~. Q
z
Where would you observe this at?
c 1-i A At least once a month if not twice; and especially on their birthday~
:t Ul c ~ and holidays. But at least once or twice a month we'd take Mr.
...: u a: ... and Mrs. Reynolds out to d.inner~ my wife and I. And I always
Ill 0 • ..1 < ij
sat along side of Mr. Reynolds because if he ordered steak I had
Ci :J .., to cut it for him. That was after '65.
l: ..
:; Q This is while he was at the nursing home?
IIi a:
l:! A Yes. a: 0 ll.
~ Q ... How would he eat? Was he able to eat unassisted?
a: :J 8 A In a sloppy manner~. yes .
.J < ~ Q . Did he use his right hand in eating? ... 0 he
.. A • II Q
He tried to and he would eat with his left too but / couldn't cut any-
thing w ith his right hand.
What did his right hand do? Did you notice anything?
A It would shake. It was nervous and shaking.
Q Did you ever observe him smoking?
A I have.
Stanley Res or 98
Q I am talking about from '65 until he left.
A That's right.
Q And did he smoke?
A He smoked.
Q What hand would he smoke with?
A He smoked with his right quite a bit, but he got so the cigarette
would burn down and cause blisters .on his hand and he'd change
over into his left hand so the last I noticed him he was smoking
left-handed.
Q Could he light his own cigarettes ?
A No. And the nursing home wouldn't let him have cigarettes inside
unless somebody was with him.
Q Why was that?
.A Because he was burning his clothes all the time.
Q After Mr. Reynolds died, did he have a will in Idaho?
A He did • ... a: :I 0 u 'Q Have you seen that will since his death?·
..1
'( u ii: A 1 have seen it.
"' 0
• II Q
.. A
Where was that? Who had that will?
It was in a safe deposit box .
Q Where was that?
A The First Security Bank in St. Maries.
Q Where is the original of that will right now?
A It's in Probate Court in the Court House in St. Maries, Idaho.
~
•
•
~•
Stanley Resor
Judge Irvine has it on file.
Q Mr. Resor~ I show you Exhibit "B" which is contained in the
A
iQ
~
Petition for Appeal1 which was filed in the Orphans' Court on Augus
191 1969, and ask you if you can identify Exhibit "B" of that petitiod?
Yes1 sir.
Will you please tell the Court what Exhibit "B" is in the Petition?
99
.J
~A Yes. It's the Last Will and Testament of C. ~ .. Reynolds that was nlade
z z Ill a.
z 0 1-~Q
:r: Ill < ~A
..: c iQ Iii Q .JA < u
Q
~Q
% .. ,..
in 1955.
Is this the will that you probated?
This is the will.
At the end of the will, would you give us the date it was signed?
Second day of September. 1955 .
And of course, this is a copy~ correct?
N A Yes.
f1i a: 5 Q And this is an exact copy of the original that was filed that you filed.
0 II.
Ill ~A As far as I know.
a:
:I
8 Q In Probate Court in Idaho .
.J ~ u ~ A That's right.
0
Q Under this will which. was executed in 1955, are you a beneficiary
under this will?
A lam.
Q What is the extent of your inheritance under the will?
A I was buying the building from them, which I paid $50, 000.00 for.
}\nd at the· time of both of their deaths, the building was to be
•
•
e
Stanley Resor
automatically mine. If they died before the eight years was up,
I had to pay the Blake&J up till eight years. And after eight years
after the will was made eight years, it would be mine after their
death •
Q The remainder of the will is to charitable institutions and a nephew
i I believe.
o( > ~ A / That's right. z . z Ill
r.._ Q Are the Blakeso also mentioned in that will, Emma and Don, do ym z
0 ... ~ recall?
:t U) • ~ A Yes •
.,:
100
~ Q ... Now I show you Proponent 1 s Exhibit "A" which is the Will of Charlets .,
i5 . ..1 .
o(
Ree.d Reynolds dated January 12, 1967., which is the subject matte
§
c
:I ., of this contest. Can you identify the signature at the end of that
:t 1-....
COl will?
ui a: ~ A It couldn't be his because he couldn't write. a: 0 D. ~ Q ... Looking at that, is that his signature?
a:
:I 8 A No .
..1 o(
§ Q' IL . IL
And you are familiar with his signature?
0
A Yes.
Q And you are positive that is not his signature?
A Positive.
Q Mr. Resor., the last time you saw Mr. Reynolds was !:in Idaho, is
that correct?
A Yes.
Stanlev Resor 101
·Q That would be at the funeral of his wife?
A I saw him just a few minutes about three or four days after the
funeral when Mr. and Mrs. Blake brought him back to St. Maries.
IIQ Being a lifet~long friend of his, talking with him ;in your association • with him, do you have an opinion as to his mental condition or
II
~ z capabilities at that time you saw him before he left?
o( > ..1 )o Ul z MR. STEGENGA: I want to object
z Ill II.
i to this as asking for an opinion, Your Hon,or. I
0 ... Cl z
~
think he cari testify as to what he did but I don't
:z: Ul o(
:r: think this witness is qualified to give an opinion.
.: u
ii: ... THE COURT: The objection
Ul
Q e ..1
:! u
is sustained .
Q
~Q Mr. Resor., as far as conversation with him, just before he left,
:z: 1-,.
N how was that?
fi 0:: Ill ,.~A He was irrational. He didn't know exactly what he was talking at
0 II. ill a: ... all.
a: :I 0 ~Q How about his memory?
< ij
~A Not very good. He was sitting in the pool hall the day he left and
0 • II he told two or three there, and I was standing there, that he had
come up to St. Maries on a sad mission, he came up to bury his
darling Pearl. And he thought that she had been buried.
Q The time he said this, right before he left, how long had she been
dead?
A Thev buried her the 2 2nd and they were probably up there four or
~tanlev Res o~ 102
five days later when they came up.
Q No more questions. Thank you .
• CROSS EXAMINATION BY MR. GREGORY:
<(
~Q Mr. Resor, you say thatyou noticed a change in Mr. Reynolds
> ..I
)o
Ill z beginning in 1965?
z Ill a.
zA Right.
0 1-Cl ~Q :z:
And did you say his condition gradually went down just completely?
Ill c :~:A Not all over night. But just gradually went down.
..: u ~Q Ill
Did you not say that he would have good days and bad days?
i5 • • ~A
2
At that time~ in ' 65.
c ~ Q So that sometimes it would seem his memory wasn't too, good.
X .. " N Other times it would be all right. Is that right?
ui a:
Ill ~ A 0
At that particular time.
a. Ill a:
1-Q a:
You also said that you saw him sign his signature because you
::l 0 u
..I
cashed checks for him. Is that righ1t?
< u ii: A II. That's right.
0
e II Q And the last check you cashed was in '65.
..
A Roughly around '65.
Q So from that time you didn't see him sign anything?
A Ko., sir.
Q You also said that in '66 he hardly had any use of his right hand.
A That's correct. He had a stroke.
<:;tanlPv RP~Or 103
But he was still able to move about?
In a wheelchair.
He wasn't able to walk after''66'.?
If some body was with him and holding on to his arm or he had a
couple canes he could walk a little bit, but most of the time he was
in the wheelchair if he had to go any ways at all. He could walk
from a chair to a bed~ but if he went down the hall, any length
at all, he was in the wheelchair or somebody had his arm.
Do you recall that when Mrs. Smith testified she stated that he
walked down the hall when he left the nursing home? Do you recall
that?
No. He didn't walk down the hall when he left the nursing home
because she wasn't there and she didn't state that.
She would be wrong if she testified to that?
She didn't testify to that.
You say that when Mrs. Reynolds died you went down and got him
to take him to the funeral?
That's right.
And he went in the wheelchair out of the nursing home?
That's :right.
And then back in the wheelchair?
That's right.
Did he get out of the automobile?
He got out of the automobile at home with my help.
•
e
•
Stanlev Resor
Q Where did he go?
A I took him up to my house for about 20 minutes~ to the funeral~
~
~ z • ~ ~A z z Ill
I took him to the funeral home. After that we went out to the funerall.
He sat in the car. He didn't even get out of the car •
Now I believe you said that after 1965 or starting in 1965 he didn't
use his right hand very much.
That's what I said. He wasn't active like he had been before. He
II. i was shaking pretty bad.
0 ...
C) ~ Q And he didn't use it because it shook~ is that it?
X VI • :r: A At that time., yes~ around '65.
,.: u ~ Q Now this first will that you testified about dated September 2nd"
VI
Q _,
~ 19551 will you tell us what you get out of that will?
u Q
~ .A Well" I have already stated what I got out of it. At that time~ just
104
:z: .. ,..
I'll before the will was drawn up, he took I and my wife to Coeur d'A"lane
Ill 0: Ill ... 0: 0 II. Ill :Q
0: :::>
0 u A ..1 -<
u ~ 0
to Mr. Miller .
What do you get out of the will?
After their death, both of their deaths, the building would be
,automatically mine. I bought it for $5~, 000.00. That is to be paid
on it until their death and afte:rt their death it was to be mine .
If they hadn't died within eight y~ars of '55, Mr. and Mrs.
Blake should have been paid until the eight years was out and then
the building would be automatically mine.
Q Tha Us all you get out of that will?
•
•
•
" Stanlev __Res or
A That's all that was mentioned in there as far as I know. They said
Q
II A
II
i Q < > .J ~A z z Ill A.
i 0 ... Cl ~ Q
::t Ul <
:11:
..: u a: A ... Ul
Ci
~ Q u
Ci ~A
:z: ...
"" "'Q
IIi 0: Ill ~A
0 0.
Ill ~ Q
0:
:I 0 u
.J < u ~ A
0
Q
something about---
Have you read the will?
·They said something about giving everything away so there would bi=
nothing left.
Will you read this paragraph 19?
That's what I said. I would get what was left. But he lR d most of it
given away to charity.
You get all the rest, residue and remainder of the estate, do you
not?
That wasn't given away in the will
Yes.
That's right.
Now you say this will is in the Court in Idaho?
That's right. Probate Court.
r ~~nd before it was taken out and attempted to be probated it was in
a safe deposit box?
That's right.
Whose safe deposit box?
A It was Mr. Reynolds and Mrs. Reynolds' safe ?eposit box, but
Marjorie Smith had Power of Attorney. And he was with us when
'we went into the safe deposit box. He saw it at that time and Mrs.
Smith took it up and filed it.
Q Who took the will out ?
lO,tl
Stanley Resor 106
A To probate it. Mrs. Smith probated it but the banker was there and
I
took the stuff o.t:i.t of the box and handed it to us.
Q At that time Mr. Reynolds was dead.
IIA No. Mrs. Reynolds was dead. Mr. Reynolds was alive and he was
• there.
II
iQ Now what happened to his will after that?
< > ..I ~A This is his w ill. z z
Ill
II.. Q
z
Where was the will prior to his death?
0 1-~A In the safer deposit box.
X Ill < ~Q Then what happened when he died?
..: u ii:A 1-I told you.
Ul ii • ~Q
ij
Tell me again.
ii
~A All right. Mrs. Smith~ myself and Mr. Reynolds went to the bank~
:z: .. ,..
Ill got the will out of the safe deposit box and took it up.
,; a: Ill
li: Q I don't want to interrupt you~ but when Mr. Reynolds died he
0 II. Ill a:
1-
could not have gone with you to the safe deposit box.
a: :I 0 u A You didn't say Mr. Reynolds; you said Mrs. Reynolds.
..I < ij
~ Q Pardon me. I'm talking about Mr. Reynolds' will. What happened
0 • II
A
to it after Mr. Reynolds died?
It's still up in the Court House and we went to file it and we got
notice there was one back here.
Q At the time he died~ where was it?
A It was in the Court House.
Q Who had put it in the Court House?
Stanley Res or 10 11
A Mrs. Smith.
Q Before he died?
A After he died. No, before he died. Before he died he put his will
in the Court House. Before Mr. Reynolds died .
•• Q Was that when Mrs. Reynolds died?
~ A After Mrs. Reynolds had died and before Reed had died. z < > ~ Q And he went in and took his will out of the safe deposit box and put lt
z z Ill
a. in the Court House? i 0 ... ~ A No, he didn't. He wasn't competent to do it. He was with us. He
X: 01
; didn't even know what was going on.
Q Who took it ?
A The lady that was Power of Attorney at the time, had all the power
in the world, Mrs. Smith.
Q Where did she put it?
A I'll tell you again. She put it up in the Court House, Sam Irvine's
Court, filed it. And it's still there.
Q You are positive that this was done between the time Mrs. Reynoldl:;
died and the time Mr. Reynolds died?
A It had to be because Mr. Reynolds was sitting between Mrs. Smith
and myself. So he had been there. I don't think you'd put a body in
there.
Q Under your agreement how much is owed on the building?
A I believe it's . 17, 000, either five or eight hundred dollars. My
' wife has taken care of it. We have a.. partnership on the building.
Stanlev Resor 108
She takes care of that. It's around $17,500.00.
~· Q That's at the pres eht time you owe $17, 500.00.
H ,,
II A
• ~: That's right, as of January of this year.
And you. owe that if the second will is probated?
That's right ..
iQ If the first will is probated you owe nothing.
o( > ..I
i; A z: That's right.
z liJ
II;.
iQ You have also entered suit in Idaho to get the building.
p ,...
0 !: A
l:
That's right.
• <
:t Q Mr. Resor., I want to go back to this will of Mr. Reynolds. This
.: 1.-
ii ,., is the original will in '55. ·Now when Mrs. Reynolds died., you
Ul • c .. 4
1,;
went with Mrs. Smith and Mr. Reynolds--
c ~ A Right.
j: ...
a Q To their safe deposit box.
vi rr: Ill' ItA To the First Security Bank of St. Maries.
0 II. Ill ! Q And one of the bank officers went with you and took out Mrs.
It
c u
..I
Reynolds' will?
o(
u
ii: A ... Took out both the wills.
0 • II Q He took out bo,th wills and what did he do with them?
.. A Mr. Reynolds was there and Mrs. Smith and Mrs. Smith went up
and filed---
Q The bank officer gave both wills to Mrs. ;::,mith?
A That's right. .L.'
Q Then you and Mrs. Smith and Mr. Reynolds went over to the Court
House. Is that right?
A No. I didn't go over to the Court House.
Q You didn't go?
II • I A No.
:!! Q 2: o(
Actually, when the wills ·were taken out when Mrs. Reynolds died,
~ >-CD :: you don't know what happened to them after that.
~ ~A z Yes~ I do know what happened.
0 1-t:l ~ Q z Of your own knowledge?
(10 o(
i A Yes, I do. You go up the Court House and the record is right ...
1.: i .. u:
there. They have to be in there because the record is there and
iS
..1 • o(
ij
Mr. Reynolds was with her.
a
~ Q When she went to the Court House with the two wills, did Mr. Reyrblds
X 1-.....
N
IIi
go with her?
0:
5 A No.
~ 1&1 ~ Q 0:
He didn't go and you didn't go?
:I
8 A ...1 It wasn't necessary .
o( u ~ Q 0
So actually---
• II A She had Power of Attorney.
II Q Actually, she went to the Court House but you don't know what she
did there.
A Sure lp know what she did there.
Q You didn't see her?
MR. BELL: I object to this, Your Honor.
Stanley Resor 110
This is getting repetitious.
THE·EOURT: The objection is overruleci.
Q You didn't go in and see her file these wills1 did you?
A I didn't have to.
e Q But you didn't do it?
oe A No, I didn't do it.
z ~ ~Q When didyyou first go to the Court House to see these wills on file !
:n z ~A II. I can't just remember the date. Probably a week later.
i 0 ~ Q So that you went into the Court House in Idaho?
~ , ..
; A That's right.
ti i Q Would that be about a week after Mrs. Reynolds was buried?
1ft
e ~ A
"' 6
No. Well1 I imagine so. It was about a week after Mrs. Reynolds
2 ~ was buried,
s Q Was it before Mr. Reynolds left 'rdaho?
ai a: E A No, I wouldn't know. I wouldn't swear to it one way or the other b'j.lt
0 II. Ill a: ... it was right in there.
a: :;:)
0 I) Q ... Right around the same time?
~ ii: A II. That's right.
0
.. Q You went into the Court House and you saw Mrs. Reynolds' will and e
II
Mr. Reynolds' will on file there?
A That's right.
Q Both wills?
A Both wills on file.
Q Under this original will in '551 who was the executor?
Stanlev Resor llJ
There was none named.
Is Mr. Cope Gale your attorney too?
That's right.
You filed a Petition to take out Letters on Mr. Reynolds' estate, di
you not?
I filed for Executor on it. I filed for Executor on the estate.
When was that?
I don't just remember what date it was, but it was a little while
after Mr. Reynolds' death. I can't remember what date it was.
January, '69.
It would have been in '69.
When this will was taken out of the safe deposit box, do you know wp.y
it wasn't turned over to Mr. Reynolds?
He was incompetent as far as I was concerned. That's my opinion.
He didn't even know where he was at.
Why wasn't it given to his guardian there?
He had no guardian. He had a Power of Attorney and that was Mrs.
Smith.
Do you know that a guardian was appointed in February, 1968?
I wouldn't say the exact date, but I know there was a guardian appointed.
Do you know why the will wasn t turned over to the guardian?
There was no guardian at that time.
Do you know why the will wasn't turned over to the guardian when .
the guardian was appointed?
____ _____,! Stanley_Resor 1--l...l.Z-
e
e
e
I
A They have a copy of it. We have it on file up in the Court1 the original.
Q Do you know why the will wasn't turned over to the guardian with
all the other assets of Mr. Reynolds that were turned over?
A 'J§.s far as I know, there was a copy turned over to him.
~ z ( > ..1 .. n z
Q That's all.
~ REDIRECT EXAMINATION BY MR. BELL: ~
i ~. Q You stated that you observed Mr. Reynolds on many occasions
z x
; sign hi~ checks and also you have seen his signature many times.
~ ~ Ill o A ..r (
0 gQ
"'
How would he write his signature? Can you recall?
He always wrote C. R. Reyn<?lds.
Did you ever see him write or did you ever see any signatures of
~ him that would be Charms Reed Reynolds?
eli
II: ~ A a: 0 II. 1&1 a: Q ~
;:)
0 u
~ 0 iL II. 0
No.
I have no more questions.
MR. BELL: Your Honor, we call
Marjorie Smith back again.
\
e
e
e
\
1[arjorie Smith
MARJORIE C. SMITH IS RECALLED.
DIRECT EXAMINATION BY MR. BELL:
Q Mrs. Smith, do you recall from Mr. Resor's testimony that the
A
. ~Q
z < ~A > Ul z z Ill IL
i e " z x Ul ;
gQ It 1-Ul
CiA ~ ij
gQ .,
X 5A
IIi a:: ~Q It f ~A ~ :I 0 u
~ ij
ii: II. 0
Q
A
195 3 will was taken to the Court?
'55.
'55~ rather. Could you explain on what date this occurred?
It was the same day that Mrs. Reynolds died or Mrs. Reynolds'
funeral. I took the wills out. I had a general Power of Attorney.
And my understanding was that I could do anything that Mr. Reynold$
himself could do. I took the wills.
When you say you took the wills .from where?
From the safe deposit box.
Where was this located?
it was in the First Security Bank at St. Maries.
Who was with you at that time?
Mr. Resor af!.d Mr. Reynolds and Dean Gentry, the Loan Officer
in the bank. One of the bank officers has to be with you when you
open the safe deposit box.
Did Mr. Reynolds appear to you to understand what was going on?
He just sat there.He didn't know what was going on, looked around ir
the bank.
Q What did you do with the wills?
A I took Mrs. Reynolds' will and gave it to my attorney, Cope Gale,
to start proceedings. And I understood that I could take his place
113
e
e
II
'!Q
z ~ . ~A >-(I) z ~Q II.
i
eA " z
0 ~Q
..: EA II: 1-ID ~Q < 0 Q :I .,
~ "' .,; a:
Mariorie Smith
as Administrator of the estate under this Power of Attorney. I took
Mr. Reynolds' will up and gave it to the Probate Judge. That's a
habit that people have there. They leave their wills with the Probate
Judge until the time that they are needed. And I said, "Keep this
will here and don't give it to anyone but me. "
Now you say that's a habit.
I did not file it. I just took it up and left it with him for safe keeping
This is with the Probate Judge?
Yes.
You say this is a custom of the county?
That's a custom of our area.
I have no more questions.
E CROSS EXAMINATION BY MR. GREGORY:
c-o. ~ Q You took this up to the Judge and told him, "Keep this, don't give .. a:
€ it to anybody else but me?"
114
Yes. I had the Power of Attorney. I had the power to say that to hilln.
Why didn't you turn that will over to the bank?
You mean the guardian?
The guardian.
I was never asked to turn it over.
Why didn't you turn it over?
Because the jproperty was in Benewah County in our state, the rea
e
e
e
Marjorie Smith
estate.
IQ You sent all the assets of the estate here, didn't you?
lA I sent all the paper assets, the money and the deposit box and the
stocks that I had on hand.
~ Except the will?
r
A Yes.
~ z ~ You kept the will there?
!'; z ~A I still had that Power of Attorney. It had never been taken away a..
z·
~ from me. I! z i ~ Did you know what once he had a guardian appointed, your Power of ~
ti
ii: ... Ill oA ... o( u ~ '"I
Attorney was no longer any goed?
No one told me that.
You never found that out?
t=\ I didn't pursue it.
vi 0:: l:Q That 's all.
0:: 0 D. Ill 0:: ... 0:: :I 0 u
~XAMINATION BY THE COURT: u ii: ~ Just a minute. Is the Power of Attorney that you refer to, 1\:frs.
Smith, one that was dated in January, 1966?
t That's right. General Power of Attorney.
That Power of Attorney was from both Mr. Reynolds and Mrs.
Reynolds?
It, That's right.
115
Mariorie Smith 116
Q But when you went to the bank to get their wills1 acting under the
Power of Attorney, Mrs. Reynolds had already died, had she not?
Yes.
Did you ever discuss with your attorney the possibility that when
one of the principals on the Power of Attorney was dead that it
would invalidate the entire Power?
No.
BELL: I have no more questions, Your Honor. Thank you.
Your Honor, at this time I'd like to introduce as Contestant's
Exhibi1sthe oral depositions of witnesses which I believe the originals
have already been filed in the Orphans' Court; and namely, that is
they are or.a.l:·d:ep.o·sit±ons):of'' W. D. Thurston, M. D.; the oral deposition
of B. A. Rapp, M. D.; the oral deposition of .H. Don Moseley, M.
D.; the oral deposition of Don E. Morris; the oral deposition of
Jeanne Morris; the oral deposition of Matt H. Moshinsky; the oral
deposition of Dean Marty; and the oral deposition of Stephen Dennis
·wheeler.
STEGENGA: We will object to portions of the depositions from
the lay witnesses where opinions are expressed as to competency.
And we will object to the deposition of two of the physicians. The
only physician who saw him near the time that he left Idaho was Dr.
Moseley. We would object to the other two physicians as being too
remote to render an opinion. I just wanted the record to show that
any opinion----.
117
MR. BELL: Your Honor1 no objections were made at that time
in the oral depositions. Mr. Stegenga was associated with a Jerrold
E. Park1 who is an attorney at law in Idaho. There is nothing in
the record to show any objections were made at the time. There is
no general statement at the beginning of the deposition that objections
would be made at the time of the trial.
STEGENGA: It's stipulated.
BELL: Which one are you referring to?
STEGENGA: To the one of Jeanne Morris. Objections were reservled
at the time of trial.
BELL: That's Jeanne Morris. We go to Dean Marty. it's
not contained in that one; in Dr. Thurston; it's not in Dr. Rapp's;
it's not in Matt Moshinsky's; it's only present in Dr. Moseley. Don
Morris and Jeanne Morris. And the doctors you are objecting to
saw the decedent, Mr. Reynolds, up. including April and May of
19661 which is the period in question that we are having the hearing
on.
STEGENGA: Well1 Your Honor, I don't know what the rules of
evidence are in the other states and rules of law1 but I think we haVIe
the right to---
THE COURT: We assume that they are the same as ours until
they are proven to be otherwise.
MR. STEGENGA: My obj ec tion1 I think1 can still be considered at the
time these depositions are used.
e
e
e
THE COURT: All right. The depositions offered by the Contestant
are all received in evidence and made part of this record1 subject
to the consideration of objections made by counsel for the Proponent,.
MR. BELL: Your Honor, at this time the Contestants request
a continuance.
:!THE COURT: First~ may I inquire whether there are any other
z o( ~ witnesses from Idaho or fromdistant points who are here and ready
z: i to testify before the Court in this case?
i 0 ~MR. BELL: z: x
; THE COURT:
~ ~MR. STEGENGA:
t a
..1 MR. GREGORY: o( u ~THE COURT:
~ Ill
vi 0: Ill ~MR.
0 II. Ill ~THE
0: :I
area.
BELL:
COURT:
None on our side, Your Honor.
Do you have any~ Mr. Stegenga or Mr. Gregory?
None.
None.
So that all the remaining witnesses are from this
Yes.
It appearing to the Court that there is not sufficient
0 u
..1 o(
time to complete this case today1 the request for continuance
u ~ 0
by counsel will be granted. We will not at this time fix the time for
hearing on the continuance. since all of the proposed witnesses are
from this area. We will arrange a suitable time with counsel for
the Contestants and counsel for the Proponents.
( HEARING CONTINUED )
"
118
• II
o(
z o( > ~ >-Ill z z Ill II.
i 0 ... Cl z
X Ill
o(
~
.: u
0: ... Ill Ci e ~ ~ u Ci
:J .,
l: .. ,...
N
ui lk: Ill ...
lk: 0 II. Ill
lk: ...
lk: :J 0 u
~ < u
ii:
"" 0
II •
Transcript completed -February 5, 1970
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.
.1__
The foregoing record of the proceedings upon the
hearing of the above cause is hereby approved and directed to be filed .
I . . ti'J: Date: ~ / ,. 2~LJ7<7
B \ th'e'·Col:frt y\ ~ '1
I /~ I \ <'-I \ / ,. ~
'·"
•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA
ORPHANS' COUR'JT DIVISION
IN RE:
ESTATE OF
No. 85 of 1969
C. R. REYNOLDS, a/k/a
z ~ CHARLES REED REYNOLDS, .J >-!II
)
)
)
)
)
)
)
)
r ~ Deceased. Ill II.
i 0 to 0
PROCEEDINGS ON .. ANSWER TO PETITION AND CITATION
z
X !II ~
:t BEFORE:
r: (J
ii: to !II
5
~APPEARANCES:
u
0 :I ..,
:t ... ,..
!'«
ui a: Ill to a:
0 Q.
Ill
a: TIME: to a:
:I
0 u
.J
<( u ii:
b. 0 MR. STEGENGA:
THE HONORABLE P. VINCENT MARINO,
President Judge of the sai~ Court.
GEORGE B. STEGENGA, ESQ., of Washington,
Pa., representing the Respondent.
THOMAS J. TERPUTAC, ESQ., for SANFORD S.
FINDER, ESQ., representing the Petitioner.
Monday, September 22, 1969, at 10:00 o'clock
A. M., EDST.
May it please Your Honor, this is the tirre fixed
for return of the Citation in the estate of C. R. Reynolds. Certain
parties in interest filed a petition and the Citation was issued concer ing
the last will and testament of the decedent, whether or not it was
a valid will, whether or not there was undue influence and whether
or not the decedent was competent. In my Answer to the Petition
I
••
rt -,
•
~ z < > .J )o
Ul z z 1&1 II.
i
0 ...
and to the Citation I have averred that one of the necessary parties
has not been made a party to this proceeding and it could be through
an oversight of counsel that this was not done, because in one of the
allegations they aver that Letters Testamentary were granted to
Emma Blake, where, in fact, the Letters C. T. A. were granted to
the Pittsburgh National Bank. And there has been no proceeding
brought against the Pittsburgh National Bank, and I want to raise tha
point, bring it to the Court's attention.
~THE COlli T: Mr. Terputac?
l:
Ul < ~MR. TERPUTAC: Your Honor, I am here on Mr. Finder's behalf~
and asyou know, he is celebrating his holiday today. I know very
little about this matter except that I will inform him regarding the
alleged defect in the pleading. And I would suggest that if we can
go ahead and set a date for hearing, perhaps in November, we shoul
ui a: 1&1 ... a: 0
do so. There are t\Yo weeks o~ Civil trials coming up and two of .
II. 1&1 a: ... Criminal. And perhaps we can get this matter scheduled for Novem
a:
:J
0 u
.J THE COURT: I presume that both Mr. Finder and Mr~ _Stegenga
< 0
ii: "' will be pretty well occupied.
0
MR. STEGENGA: During the four weeks, yes, Your Honor. Anytime
in N member I think would be all right.
MR. TERPUTAC: How about the week of the lOth of November, Your
Honor? That's after election week.
MR. TERPUTAC: That's Veterans Day. Maybe the 12th of 13th.
THE COURT: We will pass up Monday, the lOth, and also the llt
2
I
'1
\
'
•
so that we won't have any conflict there . .And we will try Wednesday,
November 12 at 10:00 .A.M.
.. MR. STEGENGA: It hasn't been filed. I thought I'd just hand it up .
THE COURT: I think it should be agreed between the parties that
~ z o( > .J )o
~MR. z Ill a.
i 0 1-~
the Pittsburgh National Bank be made a par::;to these proceedings rat er
than to start the thing all over again.
STEGENGA: I think so. The only thing, they should have a right
to answer.
~THE COURT: Yes. We will notify them. If they want to file
Cl)
o(
~ a separate answer then they may do so.
...: u it 1-MR. STEGENGA: The issues are the same, it's just a question of
Ul
0 ...,
• the parties . u: c
~. THE COURT: .All right. We will notify the bank, we have .Plenty
l .. ,..
1'1
" a: Ill 1-0: 0 a.
Ill a:
1-a::
:J
0 u
.J < u i;:
I.. 0
of tirr,e before this hearing date, and if the bank desires to file a
separate answer, they may do so. We will notify them. So that the
hearing date will be as scheduled on November 12 at 10:00 A.M.
··!' ·,'" .. ·· .. > ;;_·~!::; ; ~-~"S·.: -" ~-~ ., •."-: .. 1,.
.• .. :;. ,.
~) 1
·.·' ··:,
·· .•..
'_,.:., .···:
.-::·.· .,.
) . -~
,,
~··
"f-i" .;_<. . ~ . -~--':~ ,,)~~' ,~,~\.
,· .. ·.,.
In the case of securities of close or family corporations, the values reported are as far as
possible substantiated by financial statements of the corporations, showing the assets and liabilities
thereof as of the date of death. The schedule also sets forth the interest of decedent at the time of
death in any co-partne::-ship or business, and in support of the value of such interest there is annexed to
said schedule, financial statements showing the assets and liabilities of said co-partnership or business.
A copy of the co-partnership agreement, (if oral, a statement setting forth the nature of the agreement)
together with a statement setting forth the character of the business, its location, and such other facts
pertaining to the business as may be pertinent to a fair and ,just appraisal of the decedent's interest
therein must be submitted. It should also set forth in itemized form, together with the fair market value
thereof, any other property owned or bequeathed by the decedent at the time of death,
The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry
contained therein and in the case of transfers ofproperty, real or personal, within two years of decedent's
death, in contemplatlon of decedent's death, or intended to take effect in possession or enjoyment at or
after death, said schedule sets forth the nature and value of such property, to whom transferred, the
relationship of the tr-:tnsferees to the decedent, the proportionate share received by each transferee and
all other facts of a pertinent nature regarding said transfers. In the case of transfers intended to
take effect in possession or enjoyment at or after death, there is also attached to the schedule a co~y
of the deed, trust agreement or other instrument creating the trust. Thero~ is also set forth in said
schedule a list of all property, real and ~ersonal, with its value, which pa~ses at decedent's death by
virtue of the exercise by decedent, either individually, or jointly with another, or any power of appoint-
ment vested in decedent, either individually or jointly, by the will, deed, or other instrument of another,
with a copy of the ins~rument creating such power attached to the schedule.
That Schedule D attached hereto and made part hereof sets forth the names and addresses of all
persons beneficially interested in this estate at the time of decedent's death, the nature of their res-
pective interests, their relationship, if any, to the decedent, together with the ages at the time of
decedent's death of all minors, annuitants and beneficiaries for life under decedent's Will. It also
contains a statement showing which of the beneficiaries named in the decedent's will, if any, died prior
to decedent, the dates of their death, their issue, and the relationship of such issue to the beneficiary.
That Schedule E attached hereto and made a part hereof sets forth all property, real and per-
sonal, owned by the decedent jointly with another or others, including intangible, standing in the name
of the decedent and others, plus the date and place of record of instruments effecting the vestiture of
real estate and the date of acquisition of personalty, plus the name, address and relationship, if any,
of co-owners to the de-cedent.
That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts
and deductions claimed for and on behalf of this decedent's estate, including funeral expenses paid;
family exemption, where applicable; costs of administration of this estate; counsel fees and fudiciary's
commissions paid or to be paid; cost expended for burial trusts, tombstones or gravemarkers, and reli-
gious services, in consequence of the death of the decedent; debts and claims owing and unpaid at time of
death; taxes accrued chargeable for period prior to decedent's death (except those allowed under Section
651 of the Inheritance and Estate Tax Act); together with a statement of collateral pledged for obliga-
tions, if any. It is agreed that the fiduciary will present proof of said claimed obligations upon re-
quest, that if the amount actually paid in settlement of any fee, commission or debt is less than the
estimated amount clain:ing and allowed, that the same will be reported to the Register of Wills, and that
the amount of tax assessed can be reassessed in accordance therewith.
That the totals of the appropriate columns in Schedules "A", "B", "C", ."E", and "F" as directed therein,
have been carried forw9.rd and properly registered in the Summar,;x. t · 1 B k ~ittsburgh Na ~ona an
Subscribed and sworn to before me this ...... # .................... .
Assistant
.By ................................................................................ i.c.e ..... Pr.e..s.ident
(B~Administrator)
............. .6. .... s.o.uth ... .Main .... Str.e..e.t ..................................... .
(Street Number)
......... W~.~hJP.:K~.9.P..~ ..... ;P..~.~ ........ J.2.39..~ ......................... .
(City or Town and State)
NOTE: Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are
filled in with details or the word "None", and in case the assets include rare and unlisted securities,
securities of close OT family corporations or an interest in any co-partnership or business, that the
data and statements required under the paragraph above relating to Schedule "B" are attached. Also make
certain that column #1 in the "Summary" has been properly completed as above-directed.
,,
Form RCC-33 ·' ·COMMONWEALTH Of PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
RESIDENT DECEDENT COUNTY OF .... W.a.s.b.ingt.on ......................................... .
IMPORTANT: This return must be completed in detail and filed in duplicate, with will attached, with the
Register of Wills of the County where decedent resided; Return is due within one year after
date of death, unless an extension is granted by the Secretary of Revenue. (Section 703 of
the Inheritance and Estate Tax Act of 1961.)
IN THE MATTER OF THE ESTATE OF }:: AFFIDAVIT OF Charles Reed Reynolds ............... ......... .. ...... · ....................... i's:t~1~ .. i~li .. ·;:;;;;;~ .. ~£ ·d;;;;;;;~~~t, ............ · · · · ... ........... ... ......... .......... 13'PUR
Washington ADMINISTRATOR c. T. A. Late of ............................................... .... . .... .. .... ..... ............. . ..... . ... . ... . .. ..... County
Pennsylvania ::.: .: ~~~~~~~;~~:_:-:: ~~~~:}"'
I , Cha:r:.~.~.~ ..... ~ .. ~ ....... ~.I.:l:~.2Y.f.,. ...... A.~.f.? .. ~.f.?.~.~~ ...... Y..~.G.~ .... f..:r.~.~.;J,g.~.P.t, ...... P.~tt.~.P.q,:rgt ..... N.9.-t~.9:P~l .... :S.aMeiiiE
Administrator eta of the estate of the above-named decedent being duly sworn, depose and say
Decedent dJed .................. . .... January .
(Month)
.............. .11. ............ , 19 .. 69 ........ ,J testate leaving a iast will, copy of which is hereto attached. }
(llay) (Y~ar) l i10hahh
Name and address of attorney or}
other authorized representative to
whom all correspondence should be
mailed.
Pittsburgh National. .. Bank ........................... .
6 .. Sout,h Main street, Wa.shiJ.:l:g:t;c:m, Pa.
eta
.J53Ql
That as such .. Ad.mini.s:tr.at.or./deponent is familiar with the affairs of said estate and the. property con-
~ t • Administrator)
stituting the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly
with, or as agent or deputy of another, or in decedent's individual name, with right of access by another as agent
or deputy, with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
None
That the contents of said safe deposit box or boxes are itemized under Schedules ______ of this
return, with the exception of the following, for the reasons hereinafter set forth:
That Schedule A attached hereto and made part hereof sets forth full v and in detail all the
real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It
also sets forth the mortgage encumbrances upon each parcel of real property at the date of death, giving
the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record
thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said
parcels, the estimated market value thereof as of date of death of decedent.
That Schedule 8 attached hereto and made part hereof sets forth fully and in detail all personal
property wheresover situated owned by the decedent ~~:t"'the time of death; all moneys left by the decedent
at the time of death, whether in decedent's immediate possession, standing to decedent's credit in banks
of deposit, savings banks, trust companies, or other institutions, whether individually, or in trust for
any other person or persons giving also separately the accrued interest thereon, if any, down to the last
interest day prior to decedent's death in the case of savings banks, and to the date of decedent's death
in all other cases; all bonds, postal savings, treasury certificates or notes and other evidence of in-
debtedness of the United States to the decedent; all obligations, whether by statute or agreement they
are designated as tax free, of the United States, or any state, or political subdivision thereof, or of
any foreign country, which are owned at the time of death; all wearing apparel, jewelry, silverware, pic-
tures, books, works of art, household furniture, horses, carriages, automobiles, boats, and any and all
other personal chattels of whatsoever kind or nature, left bydecedent, together with the fairly estimated
market value thereof; all bonds and mortga~es held by decedent and of all claims due and owing decedent
at the time of death, and all promissory notes or other instruments in writing for the payment of money
of which decedent died possessed, of whatsoever nature, with interest thereon, if any, giving the face
value and estimated fair market value thereof, and if such estimated fair market value be less than the
face value, it sets forth briefly the reasons for such depreciation as to each item; all moneys payable
to the estate from life insurance polictes carried by decedent; all annuity and endowment contracts the
proceeds of which were payable upon the death of the decedent; and all the corporate stocks and dividends
due thereon and unpaid as of the date of death, bonds and accrued interest thereon to the date of dece-
dent's death and other investment securities owned by the decedent at the time of death, with the market
value thereof at such time.
HTP:nb
RCC-34 (1·64)
COMMON\ifAL TH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
' BUREAU OF COUNTY COLLEc;TIONS
TRANSFER INHERITANCE TAX
RESIDENT DECEQENT
SCHEDULE "A" .
REAL PROPERTY
Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece-
dent. Where property held as joint tenant or tenancy by entireties, report on Schedule "E". Property held by
the decedent as tenant in common with another or others, should be identified as to quantum of interest and
the estimated value should be that of the decedent's interest only.
The real property located In the Commonwealth of Pennsylvania should be ( 1) (2) (3)
described by lot and block number, street and street number, together wl th DEPARTMENT
a general description of the property, with a reference to the record of the ASSESSED VALUE VALUATION
conveyance by which the decedent took title; If a farm state number of a-FOR YEAR OF ESTIMATED CAUTION cres; also statement of mortgage encumbrances upon each parcel at death DECEDENT'S MARKET VALUE (Do not write of decedent. Taxes, assessments, accrued Interest on mortgages, etc.,are DEATH In this space) to be listed on Schedule "F" and must not be deducted from this schedule.
None
'
Insert this total opposite "real property", Schedule 11 A" in the X X X X X
11As Reported" column on the last page of this return.
RCC-35
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE ·1AX
RESIDENT DECEDENT
SCHEDULE "B"
PERSONAL PROPERTY
INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually
by the decedent, at the time of his death. Property owned by the decedent jointly with another or others
must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but
payable at death to another or others, including but not limited to P.O.D. u. s. Savings Bonds and tenta-
tive trust accounts, must be listed, despite the fact that they are not of the administered estate.
Tangible personal property should be listed first (e.g. jewelry, wearing apparel, household
goods, and furnishings, books, paintings, automobiles, boats, etc.)
Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank, . .
stocks, ·mortgages, notes, together with accrued interest or dividends, salaries or wages, insurance pay-
able to the estate or fiduciary in said capacity, partnership interests, interest in anyundistributed
estate o~ or income from any property held in trust under the will or agreement of another, even though
located outside of the State, at the time of death, should be listed in this schedule.
----~----·--~--------------------------------~----~----------~--------------
Item
No.
ITEM
List and describe fully
100 shares Gulf Resources ChemicalA
Cum, Pfd $1.00 Par Value @36.1~75
Dividend Paid 2/1/69 @.32-1/2
500 shares ,Clayton Silver MinesA
Capital @1~.75
1,000 shares Grandview Mines, Capital
@.36
60 shares Gulf Resources Chemical
Corp., Common @28.125
400 shares Silver Seal Inc., Capital
@
400 shares Silver Surprise Inc.,
Capital @.65
20,000 United States Treasury Notes
5% due 11/15/70 @97.5625
Interest 11/15/68 -1/11/69
Cash
2 -Diamond Rings
Land Contract to purchase Lot 1 & 2,
Block 1 Second West addition to St.
Maries, Benewah, Idaho in the
Original Amount of $50,000
1,000 shares Butte Higfulands Mining Company,
Common @ .01
5,000. shares Callahan Consolidated Hines
Inc. Capital @ .46
600 Shares Lexington Silver-Lead flines, Inc.,
Capital @ .025
500 Shares Lucky Friday Extension Mining
Company Capital @ • 6~ 5
500 Shares Nabob Silver-Lead Comapny,
Capital ® .La 5
500 shares Neveda Stewart Mining Compan~
Capital @ .435
Household furniture and fixtures
Insert this total opposite "Personal Property", Schedule "B" in
the "As Reported" column on the last page of this return.
UNIT ESTIMATED
VALUE MARKET VALUE
X X
3,618.75
937.50
360.00
1,687.50
1.00
260.0C
19,512.5~
157.4E
7,333.9]
550.0(
17' 000 .oc
110.0C
2,300.00
15.00
217.50
217.50
300.00
~ '"'~
54,796.12
DEPARTMENT VALUATION
(Do not write in
this space)
RCC'-36 .
. . CO\PifO~'\'EALTH OF PFNNSYLVANH.
TlUNSFER INHERITANCE TAX
IL><.:SIDE~T DECEDENT
SCHEDULE "C"
TIUNSFEilS
( 1) Did decedent, within two years of death, make any transfer of any material part of his estate, without
receiving a valuable and adequate consideration therefor? (Answer yes or no) No
(2) Did decedent, within two years of death, transfer property from himself to himself and another or
others (including a spouse) in joint ownership? (Answer yes or no) No
(3) If the answer to (1) or (2) above is in the affirmative state:
(a) Age of decedent at time of transfer ----------
(b) State of decedent's health at time of making the transfer. (Note 1).
(c) Cause of decedent's death. (Note 1),
(4) Did decedent, in his lifetime, make any transfer of property without receiving a valuable or adequate
consideration therefor which was to take effect in possession or enjoyment at or after his death?
(Answer yes or no) __ ~N~o~----
(a) Was there any possibility that the property transferred might return to transferer or his
estate or be subject to his power of disposition? (Answer yes or no) No
(b) What was the transferee's age at time of decedent's death? --------(5) Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration
therefor under which transferor expressly or impliedly reserves for his life or any period which does
not in fact end before his death:
(a) The possession or enjoyment of or the right to income from thlO• property transferred?
(Answer yes or no) --~N~o~-----
(b) The right to designate the persons who shall possess or enjoy the property transferred or
income therefrom? (Answer yes or no) ________ __
(6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent
alone or others ____________________________________________________________________ ~~----------
(7) Did decedent in his lifetime make a transfer, the consideration for which was transferee's promise to
pay income to or for the benefit of care of transferor? (Answer yes or no) No
(8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subJect to change,
because of a reserved power to alter, amend, or revoke, or which conld revert to decedent under terms
of transfer or by operation of law? (Answer yes or no) No
(9) If the answer to (8) above is in the affirmative, was the power to alter, amend, or revoke the inter-
est of the beneficiary reserved in the decedent alone or the decedent and others?
(Answer yes or no) __________ __
NOTE 1: The answers to these questions should be supported by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property
transferred, it's fair market value at date of death, dates of transfers and to whom transferred, with
relationship of' transf'erees to decedent, if' any. Submit copy of' any trust deed or instrument, if' trans-
f'ers are claimed to be non-taxable, also submit detailed statement or f'acts on which said claim is based.
NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E.
ITEM DESCRIPTION
Insert this total opposite "Transfers", Schedule "C" in the
"As Reported" column on the last page of this return.
MARKET VALUE
(Estimated) DEPT. VALUATION
(Dept. Only)
' . -
RCC 7 38
CCMMbNWEI\LTH OF PSNNSY;LVANI~
TRANSFER I~HERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "E"
JOINTLY OWNED PROPERTY
INSTRllCTIONS: This schedule must disclose all property, real and personal, owned by the decedent jointly
with another or others, including intangibles, standing in the name of the decedent and others. List
real estate first, as entireties, or joint tenants, giving brief description, as indicated under Schedule
"A", plus the date and place of record of instrument effecting vestiture, but do not include entireties
or out of s-~ate real estate value in estate valuation column. Personal property should be listed as in
Schedule "B'', plus date of acquisition, and the name, address and relationship (if any) of co-owners to
the decedent.
Description of Property, Date of Acquisition, Name I
Address and Relationship of Co-Owners, and Place
of Record of Instrument, where Real Estate. !
None
Unit
Value
percentage
Share
Estate
Valuation
Insert this total opposite "Jointly Owned Property", Schedule "E"
in the "As Reported" column on the last page of this return.
DEPARTMENT VALUATION
CAUTION-Do not Write
In This Space.
Value of
Entire
Property
Value of
Decedent's
Interest
h
. '
RCC-37 (12-63)
COMl\I<)NWEALTH OF PENNSYYLANIA
l'RAI"fSF.ER INHERITANCE TAX
RESIDENT DECEDENT
BENEFICIARIES AND ADDRESSES
State full names and addresses of all who
ave an interest, vested, contingent or other-
wise, in estate)
...Emma Blake
Amity R~D~ Ill
:Eennsylvania 1'3311
•
SCHEDULE "D"
BENEFICIARIES
RELATIONSHIP SURVIVED (If step-children or DATE INTEREST OF
illegitimate children DECEDENT OF BENEFICIARY
are involved, set STATE YES IN ESTATE
forth this fact.) OR NO BIRTH
Niece-in-law Yes
Deponent fUrther says that all the above-named benericiaries are living at this time except below:
NAME DATE OF DEATH RESIDENCE
Will
Administration No. Year ........... .
P.-1 THE
:\lATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
CJ:l.Cl.rles Rf:f:Ci ~~~f1()l<i~ ..
Deceased
Lateof. 1\rn:i.tY R.D. #1 .. ·: ........................... .
County of . W~~J:li:t:lg~<:)l!.
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
.'1 d ··o~ N OJ))N Ill S'V M
S 11 I fr\ ·\ 0 B 31 S I ~ 3 B
0 NIH \n:, ·n 3 S S n B
B \ \ \ ~,t·~ L lid~ QL,
'03-l\.J
(Executor-Administrator
must complete "As
Reported" column #1.)
CJ ~ '"d ~ ...., ...., (!) (!) 0 ll:> ...., e:... "' ::s "' "' "' 0
~ ....... ::s 'i:j (!) e:... ...., ....,
ll:> "' 0 ;..: '0 ll:> '"d (!) o-...., ....,
~ 0 ~ '0
t%j (!) ....,
"' ...... ...... '< ll:> ...... ~
..
R C C-81 (2-64)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
IN YOUR RIPLY PLEA8£
RIEP'I:R TO
NOTICE OF FILING OF APPRAISEMENT
PITTSBURGH NATIONAL BANK, (WASHINGTON OFFICI£)
(Executor or Administrator)
In R e : Estate of ___ _;C:.:...lu.iA~RuL.w=!.E~>t.S___.u.Roa.~E.~o~E..uD~B~EwY...I!NII.I..Oul.u..DL.I.S.L.-__
\V"ASHINGTON c t F. 1 N ---------'-.;;;..;..;;...;;;....;;'"""'----oun y-~ e o. 63-69-85
You are hereby notified that the or1 g1 na]
appraisement in the estate of Charles Reed Reynelds
has been filed in the office of the Register of Wills qf W'a shi ngtan
County on July 10 , 19~0. Said appraisement reflects the
following valuations:
Real Estate ---'----.......,.--,:;i"X"'>..--o~~r-l':"'--
Personal Property ____ 5_4~,_7_9_6_.~l--'-2 ____ Transfers __________________ __
Total ---------------5~4~,7~9~6~1 .. 2----
As to such tax that is paid within three months.from date of
death, a five (5%) percent discount is allowable. As to any tax that
remains unpaid after one year from date of death', interest at the rate
of six (6%) percent per annum is charged.
Any party in interest who is aggrieved by an appraisement may
appeal therefrom as provided by law.
Date ____ J_u_l_y __ l_O_, __ l_9_7_0 ________ _
DATE OF DEATH: 1-11-69
Note: This is not a bill.
J
-RC'C·39 (5-68)
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMARY
Estate of REYNOLDS, CHARLES REED DATE OF DEATH
(Last Name) (First Name) (Initial)
REPORT OF INHERITANCE TAX APPRAISER
REPORT OF THE REGISTER OF WILLS
1-11-69 FILE NO. 63-69-85
I, the undersigned duly elected Register of Wills in and for County, Pennsylvania, do respect-
fully report that I have allowed deductions in the amounts claimed by deponent, except as to those items where a greater or
lesser amount is set forth in the last column to the right in Schedule "F", which greater or lesser amount represents the sum
allowed as a deduction.
Dated:-------------REGISTER OF WILLS
INVENTORY VALUE AS REPORTED VALUE AS APPRAISED
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
Joint-Held Property (Schedule E)
TOTAL GROSS ASSETS
Less Debts and Deductions
(SCHEDULE F)
CLEAR VALUE OF ESTATE
Valuation of life estates or
$ $
annuities . . . . . . . . . . . . . . . . . . . $-------+--
EST ATE TAX ASSESSMENTS $ -----..l---
54,796 T2
54.796 12
FOR USE OF REGISTER ONLY COMPUTATION OF TAX
fiXM$ ~ $ ____________ -4----
hXM$ K $ ________ 4---
Tax on$ 5% $-------------4----
Tax on$ 10% $ ___________ -4----
$ ____________ -4----
VALUE AS REAPPRAISED
$ ____________ ~ __
Tax on $ ----------+--~
Exemptions *
Total Estate _______ _._ __
TOTAL TAX $------------~----
(*) As evidenced by Charitable
Exemption Certificates issued
by the Secretary of Revenue.
Less tax previously paid $=======1==
BALANCE $--------+---
Less 5% of tax if paid within
3 months after death $=====~==
Add interest at rate of 6% from
------to --------
AMOUNT OF ESTATE TAX ASSESSED $-----+--
Estate tax paid $ _____ __. __
BALANCE DUE $ _________ ---~. __
Add interest at rate of 6% from
------~10---------$---------~~-
TOTAL TAX BALANCE $ ----------+----PAID $ _______ __. __
FOR USE OF REGISTER ONLY ADJUSTMENTS
NOTE: Where subsequent adjustments are made to the above computation of tax by the Register of Wills, for proper reason,
same should be noted below, with short explanation.
Will
Administration ( No.
IN THE
Year
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
Deceased
Late of ..
County of
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
L.__ --
•·
Fonn RCC-2
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
APPRAISEMENT
DATE ..................................................................................................... .
DEPARTMENT OF REVENUE
BuRd.U OF COUNTY COLLECTIONS COUNTY .................................................................................................. .
-~· •• I
HARRISBURG, PENNA. 1 7 12 7 FILE NO ................................................................................................... .
Whereas, ............. G.HAB:I:-~.$ ..... BJ~.~.P.. ... R~XN9~.P..§ ............................................... late of .................... A~gT.X. .................................................................... .
in the County of .......................... ~~~~.~.~.~~.~.?..~ ................................................................... Commonwealth of Pennsylvania, having died on
the ........................................... .ll..t..h. ................................ day of ........................ J..9.:.J:!~.~.:r.Y ......................... 19 ..... §.~ seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore, I, ............................................... W:.~ ...... R~ ...... G.HA.NJ~;X. .................................... , an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate, and to assess and fix
the cash value of all annuities and life estates growing out of said estate, hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Appraisement Unit Description of Asset Made for Inheritance Values Tax Purpo1es
$
PERS.:
As ner Sc.hedule "R" attached 54. 79( 12 ..
TOTAl 54 79( 12
form~;"!,':t, b.:: :::hi~wQl"Jl ~C<!Q;?)J'~~~: ~.~ :r~~~~~·=n.~~~:
t)" Appraiser
·························· ················· ··················································································································
\vASHINGTON ..... ............ ...... County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
CHARLES REED REYNOLDS
Deceased.
Late of
AMITY
Date of Death, ...................... J.anua.ry ..... ll., ...... l9.69
Appraisemellt Docket Vol.,
179-5
37
Page, No ............. 63--6-9--85·
7-10-70
Filed in Register's Office, ......................................... .19 .......... .
Amount of tax due, $ .................................................................... .
DEPARTMENT OF REVENUE
Received,
Exa.mined and Approved,
Wrote abo.ut Appra-isement,
Appeal f1'om Appraisement,
Entered and charged,
i.
..
4
Form RC C -10 &3-~CJ-JIL
. "-/7-/ 79-..5
STATEMENT OF DEBTS
DEDUCTIONS ALLOWED IN J
~'"'!" # -,. OFFICE OF THE .. 4-· 48
REGISTER OF WILLS
Washington OF----=-----COUNTY
AND AGENT OF THE COMMONWEALTH
THE SUM OF ............ $ ...
AND DEDUCTIONS DATE APPROVED . . . . . . . . ..
Register of Wills, Ago~t
ESTATE OF Charles Reed Reynolds LATE oF _;Am=~;;;.· t~y'---..:;R~·:..:D;..;:•:__;:1f...:l;...._ __________ _
DATE OF FILING APPRAISEMENT .Ju] Y lQ a J9]Q DAT!i OF DEATH January 11, 1969
DATI!: JIIO. OF
VOUCH"It
19 9
Jan 23
23
24
?/,
Feb 5 ---•. -
.M::~.r 1
Oct 13
19 026 Jan
Feb B
13
Mar 18
4 .
May 5
.Tnne 10
.Tul v ?
.TRn 211
Julv 8
8
NAME OF PAYEE REMARKS AMOUNT
Letters of Administration,
Russell Marino, Register Renunciation & 3 Short Certifica es 22
Do Exemplication from records
Washin~ton County Reports Advertising Letters
State of Idaho
McFadden and Park
~~e;~~um L~abpitv Insura~ce on
llrfrH ri on ro sr ~::~-cies J.daho
GeorQe B. Stegenga
McFadden & Park
Walter W. Gregory, Jr.
Russell Marino. Register
no
2 Cert.ifi$(ates.of Death of Pearl w Kevnolds
Account Attorney's Fee in re-
Will Contest
Property in Second West under Land Contract
4-~torneys SeJ;.yji~e§! and ~osts Advanced. re-wi _1 l~nnrP!::r
Balance Attorneys Fee and Costs
Advanced re-Wili Contest
Attorneys Services in re-Will Contest
Filing Papers in re-Will Contest and Certified Copy
Charges re Sale of $5,000 United States Treasury 5% Notes
Balance due on Letters Russell Marino Register Filing Tnventorv
Russell Marino. ReQister 6 Short Certificates $6.0~ FilinQ Suoolemental Inventorv3 00
r.Prrifif'.<~re Fee on transferring sundry stocks
GeorQe B. StegenQa Attorney's Fee
Russell Marino Register Filing Account
Pittsburgh National Bank Administrator's Compensation
11
14
14
2
250
103
1?"\
762
150
5
20 .
9
447
9
5
'2. 700
20
2, 750
19 p9 1 892 Feb 3 ~rRham P Cowieson Funeral Exoense
_Mar
Nov
Mar
1
3 Ennna Blake
25 Washington Hosoital
20 Browning Funeral Home
A• ~ILExoeuses fo~ accomoanyinQ 'VW~rema~ns to ~t. Mar~es, ltlaho
Do
Hosoital Expenses
~omple~ion of Inscription on urave Marker
20 Malcolm L. Morgan County Treasur~r 1969 Personal Property Tax
contin ed
COMMONWEALTH OF PENNSYLVANIA }
-
__ se:
COUNTY OF
300
174
43
50
32
I, -------------------------_:_-HEREBY CERTIFY, THAT. TO THE BEaT OF
MY ICNOWLI!:DGE AND BELIEF, THI!: FOREGOING IS A JUST AND TRUE SfATEr.tENT OF DEBTS, FUNERAL EXPENSES AND EXPENSU 01"
ADMINISTRATION SUBMITTED TO THE ESTATE OF ------------------.DECEASED, AS DEDUCTION$ FOR
INHERITANCE TAX PURPOSES.
--------------------(L. 5.)
SWORN AND I!IUBSCRIBED BEFORE ME THIS -----DAY Of'
--------------1fil --
50
00
00
00
00
00
oo·
37
90'
00
50
00
00 . 00
00
50
00
00
00
25
00 -
36
20
00
29
Form RC C·lO ... . -. ' I .• r., OFFICE .OF TME
REGISTER OF WILLS
OF---------COUNTY
AND AGENT OF TME COMMONWSALTM
STATEMENT OF DEBTS
AND DEDUCTIONS
ESTATE OF ________________ LATE OF-------------------------------
DATE OF FILING APPRAISEMENT ----------OATS OF DEATH ------------------------
DATE NO. OF
VOUCH Ell! NAMi OF PAYEE REMARKS
The following stocks reflected i Supplemental Inventory
found to be valueless and charge off due to assessments thereon
havin~ not been paid durin~ life ime of decedent.
'lOO !=:hare_a_ N_abob Silver Lead "ompanv
t; non ~=:h::~re!': Callahan Consoliliated Mine!': Inc
600 shares Lexington Silver-L~ad Mines, Inc.
AMOUNT
'> ':Inn on
, r-'"'
3 7 (J()
----~--~----+------------------------~------------------------~------+----
COMMONWEAL TH•Y.!.!O:.=F:!:!t:P..:E:..:::N:..:.:..._NS-Y-L-V-A-N-1-A---}sa:
COUNTY OF ...JAia.§hington
1, Cha.s E. Enlow, Assistant Vice President of Pittsburgh Natwnal Banl.< HEREBY CERTIFY, THAT. TO THE BEaT OF
FUNERAL EXPENSES AND EXPENSES OP' ~y KNO'o9L!DGE AND BELIEF, THE FOREGOING IS A JUST AND TRUE STATEMENT OF DEBTS,
ACMINISTRATIC•N SUBMITTED TO THE ESTATE OF Charles Reed Reynolds DECEASED, AS DEDUCTIONS f"OR
INHERITANCE TAX PURPOSES.
SWORN AND SUBSCRIBED I!IEFORE ME THIS ---·~L3:::::;:_ __ QAY OP'
Se~~~
·-~-~~~~~-· .=:...;:.::::...,.:...:_-'--_:.........._~------<L. 5.)
Assistant Vice President of Pittsburgh National Bank
•
'. .. .. -....
,, ·r
_..,-"\ ... • ! -.J
c:> ~~-
r./l f""--
' ; '). :""!"\ -o It"'~ ' .
·~"-' CJ
""
-
~) ...
~ d
\ ~.r \ I ' J tJ-. \ .. ·
\ ' ' . . \~ ... 'x:~ l "}.~ ;...., ..
/) .,... \·· ·' ,,\
~\I