HomeMy WebLinkAboutOC1969-0330 - ESTATE OF WESTONI 1
m THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION ,
]}I RE:ESTATE OF
FREDA J.WESTON,
AN INCOMPETENT
)
)
)NO.l.3?oof 1969,e c.
)
)
PETITION FOR APPOINTMENT
OF GUARDIAN
TO THE HONORABLE,THE PRESIDENT JUDGE OF SAID COURT:
The petition of Leroy W.Fleissner respectfully sets
forth:
1.Petitioner is a brother of Freda J.Weston,who is
a resident of the City of Washington,Washington County,Pennsyl-
vania,and petitioner likewise resides in said city and county.
2.Said Freda J.Weston is an adult indivifr~l who
because of mental deficiency,mental illness,or mental infir.mity,
is unable to manage her property,or is liable to dissipate it,
or become the victim of designing persons.
3.The estate of said.Freda J.Weston consists of cash
in a checking account in the Mellon National Bank and Trust Com-
pany,Washington office,haVing a current balance of approximate1
$6100.00,and of other personal property the extent and nature of
which is to petitioner presently unknot~.To the best of peti-
tioner's knowledge Freda J.Weston owns no real estate.
4.The following is a list of all persons residing
within the Commonwealth who are sui juris and who would be en-
titled to share in the estate of Freda J.Weston if she died
intestate at this time:
Leroy W.Fleissner,brother
10 McGowan Avenue
Washington,Pennsylvania
Carl R.Fleissner,brother
70 West Prospect Avenue
Washington,Pennsylvania
,.,I
Ella Bromley,sister
986 North Main Street
Washington,Pennsylvania f
Christine Carlisle,sister5EastWalnutStreet
Washington,Pennsylvania
Caroline Jewell,sister
27 West Walnut Street
Washington,Pennsylvania
5.The following is a list of all other parties having
to petitioner's knowledge,an interest in the incompetent's estat :
Washington Hospital,creditor155WilsonAvenue
Washington,Pennsylvania
Metzner Realty Corp.,creditor14EastWylieAvenue
Washington,Pennsylvania
Annex Pharmacy,creditor
30 East Beau Street
Washington,Pennsylvania
6.Freda J.Weston has no guardian of her estate.
WHEREFORE petitioner prays that the court will adjudi-
cate Freda J.Weston to be an incompetent,and will appoint
petitioner to be her guardian.
STATE OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)f
Before me,the undersigned authority in and for said
county and state,personally appeared LEROY W.FLEISSNER,who,
first having been duly sworn according to law,deposes and says
that the allegations of fact set forth in the foregoing petition
are true.
Sworn to and subscribed
berore me this 3rd day
of March ,1969.
Notary Pub/h:.Washington.WashfnilOll QI.
My Commission Expires June 28,1971
NO.330 of 1969
-
llu Wqr @rpqans'Qtourt of lIanqiugtnn atount!},Jrl1uliyluanta
ESTATE OF ((
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·FREDA:J.;I-'JESTON,({1li'.t t ·(, )~t ,a toU)
an Inpompetent.(.(
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IQtomtuo~wraltq .of Jrnullyl vania {55:
Qtnunty of musqtugton ~
IN 8E:
\To:FREDA J.HESTON,
Sur Petition of:.LEROY \'l.FLEISSNER
~r.rrtt1tg:
DIIr Qtommttub Inu,'-_...:.F~R.=:.ED~A-,,--,,-J-Lt --,1·"",,,!E~S-=..:TO~N,,----,
that)laying aside all business and excuses whatsoever)you do file in the
..
office of the Clerk of our OrphansI Court of Washington County,a full and.'
complete answer,under oath,to ,each and every of the.averments of the said
petition,on or before -,r:..::.;'Io::.::n"",d=a:.:.,'C....'+-!__,the 26~ch day of _~H=a.J-Y _
,ltP 9 ,at 10:00
E.D.S.T.
o'clock~.M.JI,and show cause why --=.t=h.::;..e_s=:.;a:;:.:i:::..;.d:::..-__
Freda J.Weston should not be adjudicated an incompetent and a
'I
guardian of,her estate appointed;
and further abide the order of our said Court in the premises,
.If you fail hereof,the petition may be taken PRO CONFESSO aqd a
decree made against you.
WITNESS the Honorable P.Vincent Marino;President Judge of our
ClerkOfthe Orphans'Court
the ~APril ,19 69.----
.2t~-L-d
said Court,at Washington,Penna.,
Itfi11imn C.Porter.Esq.
Attorney for Petitioner.
307 Washington Trust Bld~t,
(Seal)Hashinp:ton,Penna.,15301.
·.'I •
Dr THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
1
Dr RE:ESTATE OF
FREDA J.WES'I'ON,
AN INCOMPETEN'I'.
)
)
)
)
)
NO._______of 1969,o.C.
INTERLOCUTORY ORDER
And now,to wi t,this /1---day of !jAil e /I ,
1969,upon consideration of the averments of the foregoing peti-
tion,the court fixes the ~iaay of ;4 jeRI'L ,1969,
at J0 ~o'clock Ll.-.M.in the Orphans'Court Room,,
Washington County Court House,Washington,Pennsylvania,as the
time and place for hearing,and petitioner is directed to serve
personal notice thereof,at least ten days prior to the date of
hearing upon the alleged incompetent and upon all her named
intestate heirs Who are sui juris and also upon all known
creditors.
N~306 WHhl••to.,P...~£c:..~,,t•.;tE
OFFICE OF
CLERK OF ORPHANS'COURT DIVISION
RUSSELL MARINO,Clerk of Orphans'Court DivisionR~#?~Z,~
......•
State,etc.•••~,==::;:=::;;::;;
/rf 170
Total
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~mIti~wrONO~o_ONpRti~ORPHANS1 COURT DivISION
NO.a'~O of'1969,-0,o.
-ESTATE OFINRE:
FREDA J.WESTON,
AN mCOMPETENT.
PETITION FOR APPOINTMENT
OF GUARDIAN
mTERLOCUTORY ORDER
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN HE:ESTATE OF
FREDA J.WES.TON,
AN INCOMPETENT.
)
)
)
)
)
NO.330 of 1969,~.
GUARDIAN'S BON D
KNOW ALL MEN BY THESE PRESEIifTS that I,Leroy W.
Fleissner,Guardian of the Estate of Freda J.Weston,an incompe
tent,am held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum
of ten thousand dollars ($10,000.00)to be paid to the said
Commonwealth,to which payment well and truly to be made I do
bind myself,my heirs,executors,administrators,successors,
and assigns,firmly by these presents.
~SEALED WITH MY SEAL and dated the ,;;:?1 day of May,
1969.
THE CONDITION OF THIS OBLIGATION IS that if the above
bounded Leroy W.Fleissner,Guardian of the Estate of'Freda J.
Weston,an incompetent,shall well and truly administer the
estate according to law,this obligation shall be void,but
otherwise it shall remain in force.
~~~J••/~/Jf~~~1~_(SEAL~&issner
WITNESS:
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
Ie NO.330 of 1969,
IN RE:ESTATE OF
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FREDA J.WESTON,
AN INCOMPETENT.
GUARDIAN'S BOND
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WILLIAM C.PORTER
ATTORNEY AT LAW
307 W ASBINGTON TRUST BUILDING
WASHI;G~~N~~::A II
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m THE COURT OF COMMON PLEAS OF WASh"'INGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
m RE:ESTATE OF
FREDA J.WESTON,
AN INCOMPETENT.
)
)
)
)
)
NO.330 of 1969,O.C.
A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority in and for said
county and commonwealth personally appeared LEROY W.FLEISSNER,
who first having been duly sworn according to law,deposes and
says that the money in saVings account No.22905,Pittsburgh
National Bank,balance as of February 5,~969,$5724.45,in the
names of Mrs.Freda J.Weston or Leroy W.Fleissner,is in fact
the money of Freda J.Weston and not that of deponent and that
he will,if appointed guardian of the Estate of Freda J.Weston,
administer and account for the same as such.
Sworn to and subscribed
before me this ?tnd day
of i:b.cu j ,1969.-/-=--7
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.330 of 1969,O.c.
IN RE:ESTATE OF
FREDA J.WESTON,
AN INCOr-fPETENT.
AFFIDAVIT~
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WILLIAM C.PORTER
ATTORNEY AT LAW
SOT WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
FREDA J.WESTON,
AN INCm1PETENT.
)
)
)
)
)
No.330 of 1969,O.C.
SUPPLEMENTAL AFFIDAVIT
COl~10NWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WESTMORELAND )
William J.Schilling,M.D.,being duly affirmed ac-
cording to law,in addition to the statements contained in his
affidavit of April 7,1969 heretofore offered of record in the
above entitled proceeding,further deposes and says that the
prognosis in the case of the patient Freda J.Weston is such,
that her recovery in the immediately foreseeable future is not
to be anticipated,and that she will require protracted treat-
ment.
Sworn to and subscribed
before me this 2}~day
of ~,1969.
I
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,pm~A.
ORPHANS'CO~~T DIVISION
NO.330 of 1969,O.C.
IN RE:ESTATE OF
FREDA J.WESTON,
AN INCOI"IPETENT.
SUPPLEMENTAL AFFIDAVIT~~t"'1r~.>
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WILLIAM C.PORTER
ATTORNEY AT LAW
807 W ABBINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF v.JASHINGTON COUNlllY,PENNSYLVANIA
ORPHANS'COTffiT DIVISION
IN RE:ESTN£E OF
FREDA J.WESTON,
An Incompetent.
)
)
~
)
NO.330 of 1969,O.c.
PROOF OF SERVICE
COMMONVJEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WESTMORELAND )
Before me,the undersigned authority in and for said
county and state,personally appeared William J.Schilling,M.D.
who first haVing been duly sworn according to law,deposes and
says that __he served personally on Freda J.Weston at the
Torrance State Hospital,Torrance,Westmoreland County,Pennsyl-
vania,on the 22 day of __A...=p....r_i_l__,1969,at 2=45 o'clock
P.M.the citation issued pursuant to the court's order of
April 18,1969,and made known to her the said Freda J.weston
the nature of the contents thereof.
S'l.V'orn to and subscribed
before me this Z2~day
of ~,1969.
TORRANCE,WE:.Tf.\ORElAND CO.
MY COMMISSION EXPIR£S SEPT.U.1969
~d!£
MJJr{A.V»INOY,NOTA:::Z:
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS·'COURT DTITISION
NO.330 of 1969,O•.C.
IN RE;ESTATE OF
FREDA J.WESTON,
AN TI'fCOMPET$NT.
PROOF OF SERVICE
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WILLIAM C.POR'fER
ATTORNEY AT LAW
307 WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
FREDA J.WES TON,
AN INCOMPETENT
)
)
)NO.330 of 1969,o.C.
)
)
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WESTMORELAND )
Before me,the undersigned authority in and for said
county and state,personally appeared William J.Schilling,M.D.
who,first haVing been duly sworn according to law,deposes and
,
says that he served personally on Freda J.Weston at the
Torrance State Hospital,Torrance,Westmoreland County,Pennsyl-
Aprilvania,on the 7th day of M~h,1969,at 2:00 o'clock --.!:....M.,
a true and attested copy of the petition for appointment of
guardian in the above entitled.matter,and of the court's ord.er
of March 12,1969,and made known to her the said Freda J.
Weston the nature of the contents thereof.
M.D.
Sworn to and subscribed
before me this 1~day
of ~,1969.
W.leDle
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.133 of 1969,o.C.
IN RE:ESTATE OF
FREDA J.WESTON,
AN INCOMPETENT
PROOF OF SERVICE
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WILLIAM C.POR'rER"
ATTORNEY AT LAW
307 WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYLVANIA II
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ill RE:ESTATE OF
FREDA J.WESTON,
AN INCOMPETENT.
)
)
)NO.330 of 1969,~
)
)
o R D E R
4
And now,to wit,this i"-a.ay of May,1969,after
full hearing,the prayer of the petition is granted,and LEROY W.
FLEISSNER is appointed guardian of the Estate of FREDA J.WESTON,
an incompetent.
Said guardian is directed to file his own bond in the
sum of $10,000.00,and he is further directed to file an invento
within thirty days of the date hereof,at which time the court
may make a further order with respect to the security to be give
by the guardian.
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IN THE COURT OF CmllMON PLEAS
OF"WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVIS ION
NO.330 of 1969,..e-;-6.
IN RE:ESTA'JE OF
FREDA J.WESTON,
AN INCOMPETEl\fT•
\
ORDER
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WILLIAM C.PORTER 'I)
ATTORNEY AT LAW 6-
807 W ASRINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA II:z d-~Jr
W.aoate
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IN THE COURT OF CO~fl10N PLEAS OF WASHI~GTON COUNTY,PEIrr~SYLVA~IA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
FREDA J.tomS Tm.!,
AN nWONPETENT.
)
)
~
)
)
)
NO.330 of 1969
I N V E N TOR Y
Checking Account,Washington Office,
He110n National Bank and Trust
Company,Account No.0433-0751-316-0077 6896.00
Savings Account,Washington Office,
Pittsburgh National Bank,Account No.22905 5724.45
Household goods and furnishings and personal
effects,in kind 500.00
$13120.45
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF WASHINGTON )
SS:
Before me,the undersigned authority,personally
appeared LEROY W.FLEISSNER,Guardian of the Estate of Freda Je
Weston,who,first having been duly sworn according to law,deposes
and says that the foregoing constitutes a complete inventory and
appraisement of the Estate of Freda J.Weston,an incompetent,
and that the figures opposite each item are determined and stated
by the undersigned to be the fair value of such items,based upon
a just appraisement of each item by the said guardian.
Leroy vII)Flelssner
Sworn to and subscribed
before me this 4th day
of September,1969.
"\
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IN THE COURT OF CmmON PLEAS OF l-lASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
FREDA J.HESTON,
AN'INCOHPETENT.
)
~
~
)
)
NO.330 of 1969
o R D E R
...
~d=r:day of -"'d-:~Ef,o~-----"1Andnow,to wit,this
1969,the foregoing inventory having been presented
by the court,it is ordered filed,and it is further ordered that
lj &<Jtheguardianentersecurityasfollows:/0/~.=-v-.~~:I_
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IN THE COURT OF COl\1MON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.330 of 1969
IN RE:
ESTATE OF
FREDA J.WES TON,
AN IN Cm,:IPETENT •
INVENTORY
ORDER -to
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WILLIAM C.PORTER
ATTORNEY AT LAW
SO'7 W ASHINOTON TRUST BUILDING
WASHINGTON,PENNSYLVANI~II'I ::<;<.-:6 /Z~bw.•,une
-----------------------------_....::..._---------~---~~--~=~---====~---_!
Judicial 857 (Pennsylvania-Guardian)(5-55)
IN THE COURT OF
STATE OF PENNSYLVANIA
COUNTY,
j
NO.
In the Matter of the Estate of
Freda.J.We ston
an
Incompetent
330 of
BOND OF GUARDIAN
DDT,1969
-KNOW ALL MEN BY THESE PRESENTS:That we,
~eroy W.Fleissner
_~..(as Principal ,
and UNITED STATES FIDELITY AND GUARANTY COMPANY,a corporation under the laws
of the State of Maryland,of Baltimore,l\1aryland,having.an office 'and usual place of business at
•Pitt sb'urgh ,State-Qf Pennsylvania,as Surety,are held and
firmly bound unto the Commonwealth of Pennsylvania,its certain attorneys or assigns,in the sum of
.Ten Thousand ';:~Dollars ($10,000.00 ),
lawful money of the United States of America,for which payment,well and truly to be made,we bind
ourselves,our and each of our heirs,executors,administrators,successors and assigns,jointly and
severally,firmly by these presents.(
SEALED with our seals and dated this 12th.daY'of September ,1969.
WHEREAS the above bounden Leroy W.FIei ssner
decree of the Orphans I Court of Washing t on
has been appointed Guardian of the Estate of Freda J.Weston
an incompetent
has by order and
~ounty,Pennsylvania,
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATI01'{IS'SUCH,that if the above
bounden Leroy W.Fleissner Guardian of Freda J.We ston
an incompetent ,shall at the terminatitm of his guardianship and at
any other time when required by Court,render a justand true acc'ount of the management of the property
and estate of said ltl-eda J.Weston .
under hi S care and shall also deliver up the said property agreeably to the order and decree of the said
Court or the direction of law;and shall well and truly administer,according to law,the estate of said
Freda J.Weston·,then the above
obligation shall be void,otherwise it shall be and remain in full force and virtue.
Sealed and delivered in the
prest;ce of:
I .~/._IL~~----~------------------_----,~./ff:~
P.:._••••_.__~-.-------.-------••••----------------------__(SEAL)
UNITED STATES FIDELITY AND GUARANTY COMPANY
No.330'of
Orphans 1 Court
Washington
T~19 69
County
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State of Pennsylvania
In the Matter of the Estate of
1-........,
'tEreda J.Weston
tC
an,incompete~-::~
BOND ~Guf~RDI.AN.(J)~~t.-.-SUrety'IfT11""--~!....-.....
UNITED ST~TES FIJDELITj¥-AND
GUAR£¥.TY COMPANY,-==;:;-..--r~Home Office~:Baltimt}1e 3,Marylandr-~r-..
L.
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And now to wit,Sept':15th.,19 69,
the within bond prese~ed in open Court,
approved,and ordered to be filed.~
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Clerk of Orp~ns'Court
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Attorney
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m THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS t COURT DIVISION
ESTATE OF
FREDA J.WESTON,
AN mCOMPETENT.
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NO.330 of 1969
FIRST AND FmAL ACCOUNT
OF LEROY W.FLEISSNER.
GUARDIAN
CHARGES
..
12.22.
Sept.5 Per Inventory and Appraisement 13,120.45
5 Gain on value of savings acCOtmt over inventory
figure,interest accrued but not entered on
pass book 350.34
5 Credit Jtme 1969 interest on savings acCOtmt 60.14
Oct.22 Refund West Penn Power Company 10.19
Dec.31 Interest Savings Accotmt .1.41
m2.
Feb.13 Social Security (accumulated back payments)921.60
Mar.4 Social Security 115.80
Apr.10 Social Security 133.80
Apr.21 Social Security (adjustment per increased rate)36.00
May 11 Social Security 133.80
Jtme 12 Social Security 133.80
13 Social Security 132.50
30 Interest on Savings Accotmt 193.94
Aug.6 Social Security 132.50
,..,.
Sep.8 Social Security 132.50
Oct.20 Social Security 132.50
21 alc Distribution from Estate of M.Augusta
Byers deceased 1,490.65
ov.6 Social Security 132.50
Dec.4 Social Security 132.50
1 Further distribution Estate of M.Augusta
Byers Deceased 186.40
31 Interest on Savings Account 201.99
Jan.11 Final distribution Estate of M.Augusta
Byers,deceased 42.25
11 Social Security 132.50
Feb.5 Social Security 132.50
Mar.8 Social Security 132.50
Apr.8 Social Security 132.50
May 6 Social Security 132.50
June 4 Social Security 146.30
30 Interest on Savings Account 195.28
July 8 Social Security 146.00
8 Social Security (adjustment per increased rate)55.20
Aug.5 Social Security 146.00
Sep.9 Social Security 146.00
Oct.5 Social Security 146.00
Nov.8 Social Security 146.00
Dec.3 Social Security 146.00
31 Interest on Savings Account 154.61
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Jan.14 Social Security 146.00
Feb.1 Interest on Savings Account 31.12
4 Social Security 146.00
Mar.10 Social Security 146.00
Apr.3 Social Security 146.00
-2-
Social Security 146.00
Social Security 146.00
Interest on Savings Account 11.18
Social Security 145.80
Social Security 145.80
Social Security 145.80
Social Security 116.20
Social Security 116.20
Social Security 116.20
Interest on Savings Account 10.62
-
May 5
June 12
30
July 6
Aug.,II
Sep.5
Oct.6
Nov.8
Dec.6
31
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Jan.8
Feb.9
Mar.16
Apr.5
12
23
\;
Social Security
Social Security
Social Security
Social Security
Redemption of Traveler's checks issued to ward
Redemption of Traveler's checks issued to ward
116.20
116.20
116.20
116.20
200.00
140.00
, i
TOTAL CHARGES --------------------$23,085.69
CREDITS
.!2.22.
Sept.12 Reimbursement to Mildred S.Fleissner for
minor miscellaneous expenses incurred on
behalf of the ward 69.22
12 Torrance State Hospital
(accumulated back maintenance payments due)1,521.20
12 Albert D.Metzner,rent on ward's apartment 80.00
12 Blue Cross 14.55
12 West Penn Power Company 10.19
12 Annex Pha.:rmacy,ward's account 33.28
12 Steve Krajacic,moving ward'S household goods 45.00
12 Wm.C.Porter,attorney's fee 150.00
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Sep.12 WIn.C.Porter,reimbursement for costs 28.00
Oct.1 Premium on guardian's bond 60.00
9 Torrance state Hospital 216.00
22 Prudential Insurance Company
Premium on Buriial Policy 5.64
Nov.18 Torrance State Hospital 285.20
Dec.15 Torrance State Hospital 216.00
22 Blue Cross 15.30
22 Prudential Insurance Company 5.64
31 Cash for clothing and toilet articles and
miscellaneous needs of ward 63.51
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Jan.10 Torrance State Hospital 285.20
10 Torrance State Hospital (Commissary)50.00
Feb.11 Torrance State Hospital 285.20
20 Bethesda Shrine No.25,ward's dues 10.00
.Mar.4 Torrance State Hospital 251.60
18 Blue Cross 15.30
18 Prudential Insurance Company 5.64
Apr.13 Torrance State Hospital 285.20
30 Cash,clothing and miscellaneous needs of
the ward 32.58
May 11 Torrance State Hospital 216.00
June 12 Torrance State Hospital 384.40
12 Blue Cross 15.30
12 Prudential Insurance Company 5.64
July 11 Torrance State Hospital 312.00
Aug.21 Torrance State Hospital 384.40
21 Blue Cross 15.30
Sep.14 Torrance State Hospital 384.40
Oct.20 Torrance State Hospital 312.00
20 Prudential Insurance Company 5.64
Nov.6 Torrance State Hospital 384.40
21 Torrance State Hospital (Commissary)25.00
-4-
·.
Dec.7 Torrance State Hospital 372.00
16 Blue Cross 15.30
16 Renewal premium guardian's bond 60.00
18 Prudential Insurance Company 5.64
.!2ll
Jan.11 Torrance State Hospital 384.40
Feb.5 Torrance State Hospital 384.40
Mar.8 Blue Cross 15.30
10 Torrance State Hospital 347.20
26 Prudential Insurance Company 5.64
Apr.8 Torrance State Hospital 384.40
May 7 Torrance State Hospital 372.00
June 10 Torrance State Hospital 384.40
10 Blue Cross 15.30
10 Prudential Insurance Company 5.64
Jul.8 Torrance State Hospital 429.90
Aug.5 Torrance State Hospital 444.23
Sep.9 Torrance State Hospital 444.23
9 Blue Cross 15.30
9 Renewal premium on administrator's bond 60.00
10 Prudential Insurance Company 5.64
Oct.4 Bethesda Shrine No.25,ward's dues 5.00
5 Torrance State Hospital 429.90
Nov.4 Repairs to ward's watch 6.36
8 Torrance State Hospital 444.23
Dec.1 Torrance state Hospital (eyeglasses for ward)65.00
1 Torrance State Hospital (Commissary)25.00
14 Torrance State Hospital 429.90
14 Blue Cross 15.30
14 Prudential Insurance Company 5.64
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Jan.14 Torrance State Hospital 444.23
-5-
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Feb.8 Torrance State Hospital 444.23
Mar.10 Torrance State Hospital 415.51
10 Blue Cross 15.30
24 Prudential Insurance Company 5.64
Apr.11 Torrance State Hospital 444.23
M83 6 Torrance State Hospital 429.90
5 State Income Tax 21.63
June 8 Torrance State Hospital 444.23
13 Blue Cross 15.30
16 Prudatial Insurance Company 5.64
July 11 Torrance State Hospital 438.40
Aug.11 Torrance State Hospital 410.58
Sep.19 Blue Cross 15.30
22 Prudential Insurance Company 5.64
29 Torrance State Hospital 595.82
Oct.13 Torrance state Hospital 516.60
Nov.8 Torrance State Hospital 595.82
10 Renewal premium on guardiantJ bond 60.00
Dec.6 Torrance State Hospital 516.60
6 Prudential Insurance Company 5.64
6 Blue Cross 15.30
.!2ll
Jan.8 Torrance State Hospital 595.82
Feb.9 Torrance State Hospital 595.82
Mar.16 Torrance State Hospital 538.16
16 Blue Cross 15.30
16 Prudential Insurance Company 5.64
Apr.12 Torrance State Hospital 595.82
12 State Income Tax 24.00
24 Leroy W.Fleissner,Accountant's commission 615.00
24 Wm.C.Porter,attorney's fee 325.00
24 Wm.C.Porter,reimbursement for cost of
certificates 3.00
TOTAL CREBITS -----------------$21,189.00
CHARGES 23,085.69
CREDITS 21,189.00
BALANCE $1,296.69
STATE'OF PENNSYLVANIA,
WASHINGTON COUNTY,
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The within named Accountant being duly sworn according to law,deposes and say s that the above account
as stated is true and correct as..:b~verily believe.
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Sworn and subscribed before me this....d5..-:::=
day of .~;.Ma.y 19 13 .
::.::.~..~~...'.. .';MAE HERCEG "
"Nota.1Y :pUblic,Washington,Washingfonco.
:::"My C~.~i¥jon ExpireS July 14,1975
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I do certify that I have given legal notice to all persons
concerned of the filing of the within account in the manner
prescribed by Statute and Rule of Court,~s evidenced by proofs
thereof filed to·No,...4?~.=.Z3.::-.;:?..8.~
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.Witness my hand and official 'seal this··..~··7··············
dayOf ~19.Z~..
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' .Register of Wills i 2
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RUSSELL MMHNO
REG IST ER 0F Ifll LLS
WASHINGTON CO .•PA.
P73 MAY zs
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The Court is respectfully requested to determine
proper distribution in this estate.
~lttqr mnurt nf Qrnmmnn 'Irun nf lJunqiugtnn mnunty
®rpqunn ~mnurt minininu
In the ma;tter of the Audit of Account in
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Estate of_~FREUI.Wo;i,jDOi.lA~,LLT......_WE........S....T.....O""N-t,t
an incompetent
TO THE AUDITLNG JUDGE:
No.3....3......0"----"'oUb:f_19~6....9'---------
Enter -"m""Yl--,appearance for ....A"'-C~C.lo!o~un~t!..l'an~t!!.-_
N.B.-Counsel shall,by separrute paper,present a concise statement of each
claim,w-ith supporting calculation of any interest claimed.Objections
to an account as filed,shall be conc·isely stated in a separate pa·per.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
FiL.EDr
973 NO~7 A~I";,9
RU SS ELL H,'\FU NO
REGISTER OF WILLS
WASHIN\~TON GO ..PA.
No.~__
In re Audit of Account in EstaJte of
AUDIT
Jrarripr fnr ~ppraraurr
FOR
Attorney
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Form for Guardian or Trustee
'rlUion ~ur J\u~it
11u mqr @rpqaus·mnnrt of lIaaqiugtnu (tInnuty
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Estate of FREDA...J WESTDN .
.......a.n...l.n~ampe:ten:t .
For .
minor-incompetent-life tenant
Date of trust
or guardianship May.26.,.lSl.6Sl ..
If there have been former accounts
filed in this estate,list:None
Filed at No ..3.3.Q of 1969..
Fiduciary Lerojy'Ji FJ.e.i.s.sne.r.:..
............................._G:~~gJ...~..
Place of record
of appointment :..ND.•.:...3..30 .o.f.l~6~..
Reason for .filing this account.a.s.se.ts Gif es.tat.e .ar.e e:xh.all.s.t.e.d ..
All persons having any interest,vested or'contingent (including claimants),in the fund now before the Court,
with the nature of their interests are:
:~....,,
Commonwealth of Pennsylvania
(Revenue Agent,Torrance state Hospital)
All of said parties have received notice as required by the Court Rules except as follows:
No exceptions.
The fund now before the Court is subject to the following taxes:
None
Set forth any legal problems requiring adjudication by the Court or difficulties that must be met in distribution:
The inventory contained an item for ~ousehold goods and furnishings and
personal effects at $500.00 which is carried over as a charge in the account.
Actually these chattels are valueless as a practical matter,not beXg worth
the cost of storage,handling transportation and sale.The guardian prays
leave of court to abandon the same,and for an order allowing him credit
for said sum of $500.00.
Balance for distribution per account,Principal $*.?9..9.~.99...
Additional debits not shown in account:
(Indicate whether income or principal)
5/3!73 Social Security6/4/73 Social Security
7/3/7J Social Security
8/3/73 Social Security
9/4/73 Social Security
Additional credits not shown in account:
(Indicate whether income or principal)
Income
176.20176.20
175.70
175.70
175.70
Total additional debits
$.
$B19 5Q .
5/18/73 Torrance State Hospital 576.60
5/29/73 Clerk,Filing Account 20.00
6/19/73 Tarance State Hospital 595.82
6/19/73 Blue Cross 15.306/1~73 Prudential Insurance Company 5.64
9/4 73 Blue Cross 15.30
9/4/73 Prudential Insurance Company 5.64
9/16/73 Notary fees 2.00
Total additional credits $J,.~3.9.,.3.Q .
Balance for distribution Principal $93.9.~.6.9..
Income $.
Total $~2~.~.§2 .
,.
If the balance for distribution is not in cash,list items held in kind with carrying value designated,and if this is
a distribution account,file elections to take in kind for all items so listed:
Balance is in cash except for the chattel items referred to above •
..,
-_._----....
..
Set forth accountants suggestion as to manner and form of distribution to be made,awards to be stated in pro-
portions unless specific amounts or items are designated by instrument under which estate is being distributed:
1.Exoneration of accountant for the item of 500.00 referred to above.
2.Cash balance to be awarded to the Commonwealth of Pennsylvania,creditor
(Revenue Agent,Torrance State Hospital)
COUNTY OF WASHINGTON,
COMMONWEALTH OF PENNSYLVANIA,
The above named Fiduciary or representative thereof,
being duly ~.Wg.*!I:doth depose and say that the
facts set forth in the foregoing petition are true to the
best of bi.s :knowledge and belief.
.........S.w.o.m to and subscribed before me
~hiS..:l.O.th..::day Of.....s.~p.j;~m~p.~n;l ~7J.
SIgnature of OffIcer:~.~.
..MAE HERCEG
-Title of cOfficer ~:::-1IQtaP,!..P.uhlic,..ll!asbj;JglQn.:.Wa$.ttt.."mQ..,..~!!-:.
-My Cpmmission Expires July 14,1975
Office.expires :;·..
And your petitioner will ever pray,etc.
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'rUtinn ~ur 1\ubit
IN THE
OF WASHINGTON COUNTY
FORM USED FOR GUARDIAN-INCOMPETENTS
-OR TRUSTEES
ORPI-IANS'COURT.-'
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No ,33O'of 196..9..
...."..
ESTATE OF F.RED.A J..p.~.S.~QN.,.
.an...in.cam.pe.tent ..
FOR ..
minor-incompetent-life tenant
Counsel for the accountant shall submit herewith the
following,if pertinent:
1.Will or trust instrument-attested.
2.Inventory.
S.Signed elections of items to be taken in kind-
if distribution account.
4.Stipulation or certificate by minor approving
account.
5.Praecipe for thoSe represented.
6.Brief-for any question of law raised.
.................................WM.~9..~gQg~.t ~.~.Q.!..
Counsel for accountant.
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ill THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
m RE:ESTATE OF
FREDA J.WESTON,
AN mCOMPETENT.
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~NO.-3 3 CJ of 1969,o.c.
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I.rna tter by tPe said court,to inquire
peteLcy of Freda J.Weston,residing
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NOT ICE
I TO ALL PARTIES CONCERNED WITH THE ABOVE CAPTIONED MATTER:
TAKE NOTICE that a hearing has been fixed in the above
into the alleged incom-
at Washington,Pennsylvania,I
I
upon pf)tition of Leroy W.Fleissner,and that said hearing will I
be held in the Orphans'Court Room,County Court House,washingtok,
Pennsylvania,on the It r~y_of-.AP/P/£- ,1969,at I
___1_(/o'olock A .M.Copy of the petition is attached
hereto.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
ORPHANS r COURT DNISION
FREDA J.WESTON,
this estate because the assets are exhausted,.principally by reason of
MR.PORTER:
INRE:
Estate of
~an incompetent.
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)No.63-69-330
(
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(
HEARING ON AUDIT
The Honorable PAUL A.SIMMONS,Judge of the said
Court.
WILLIAM C.PORTER,Esq.,of Washington,Pa.,
representing the Accountant.
Tuesday,September 11,1973.,at 10:00 A.M.,EDST
The estate of Freda J.Weston.
Your Honor,weare filing the final account in
the cons tantly increasing expens e of maintaining this ward in the
state hospital.We have tried to keep this money in investment
interests,but we weren't able to do it very successfully.We could ~'t
invest it in anything of a long-term nature because we are
constantly in need of cash.But we did keep it invested in savings
accounts and did make some earnings on it over the years.But
----'"?
the cost of maintaining the ward in the hospital increased over
a period of less than four years from $276.00 a month to $595.00
a month,and so the assets of the es tate are gone.Justone proble In.
In the Inventory,we listed an item of the ward's hous.ehold goods,
that he even knew it was there.
abandon them.He assures me,and I have no reason to think other-
THE COURT:No real estate?
valueless.There are just a few things,as the guardian tells me.
No.And 11m asking the Court in the Audit Petitil:m
Are these household effects sold?
wise,they are not worth the cost of handling them and transportin§
the guardian credit in the amount of $500.00,and to allow him to
that these things are valueless as a practical matter,and to allow
was all cash.And I am asking the Court to accept my representatic n
to accept my representation that as a practical matter,they are
figure that I put in.It was not the guardian's figure,and I don't knc~
furnishings and personal effects at $500.00.That was an arbitrar)
MR.PORTER:There is no real es tate.The rest of the estate
MR.PORTER:
THE COURT:
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THE COURT:Where is the ward at the present time?
MR.PORTE l{:She is still in the state hos pital.
THE COURT:You will say that she is still incompetent.
MR.PORTER:She is still incompetent.I am sure she always
will be.And wha t we are asking the Court to do,give us credit
for the $500.00J which we never really hadJ award the remaining f w
hundred dollars to the Commonwealth on account of her keep at the
state hospital.
estate of Freda J.Weston?
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THE COUrl,T:
MR.PORTER:
difficulties.
THE COURT:
MR.ZERMANI:
THE COURT:
THE COURT:
is ordered closed.
You have a suggested distribution.
Yes J Your Honor.Other than thatJ there are no
Would you announc e the case of Freda J.Westo ?
Your HonorJ I have received no response.
Is anybody in the Courtroom interes ted in the
(NO RESPONSE)
Hearing no responseJ the audit of this account
( AUDIT CLOSED)
iiia:III~I hereby certify that the proceedings and evidence areoIl.III~contained fully and accurately in the notes taken by me on the hearing of
a:
:::lo~the above caus e",and that this copy i a correct transcript of the same.
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The foregoing recor of the proceedings upon the hEaring
of the above cause is hereby approved and directed to be filed.
By the Court,.
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'tnnsyluania,(@rp4uns9 Qtnurt iiuiswn
ESTATE OF N 63 ...69-330o._----:~__.=;..~~_~_~_
Freda J.Weston,In the matter of the:_---"F~i.....r,:.o;8;L.1t..._.z.9~nu..dL....LF:.....Ji~n.I.C8....1~
an IncompeteRt Account of LeroY'W.Fleissner,Gdn.
And now Nnvemb:~JUDI~7N AN~19:~:i~~otter come on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thireof of the balance for distribution in the ha.nds of the Accountant is determined to be
$39.tl9 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 disribution hereto attached and made part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
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SCHEDULE OF DISTRIBUTION
nee
Balance per account $12C}6.69
Additional Debits -Audit petition.879.50 2176.19AdditionalCredits-Audit petition 1236.30Addition~l Credit allowed at audi~covering
household goods and furnishings of no value 500.00 1736.30
Balance $1$39.8 9
Deduct Clerk's Costs &Receipts 10.00 429.89
Attorney William C.Porter .?n.'li-/&-'
Commonwealth of Pennsylvania (Revenue Agent,429.89
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(2 -Torrance State Hospital),for maintenance of ~"....."incompetent.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
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Friday,April 18,1969,at 10:00 o'clock A.M.,
EST.
WILLIAM C.PORTER,ESQ.,of Washington,Pa.
repres enting the Petitioner.
THE HONORABLE P.VINCENT MARINO,
President Judge of the said Court.
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HEARING ON PETITION FOR APPOINTMENT OF~UARDIAN~
BEFORE:
TIME:
APPEARANCES:
FREDA J.WESTON,
ESTATE OF
an alleged incompetent.
IN RE:
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estate of his sister,Freda J.Weston,a widow,an incompetent.
I will offer in evidence first a certificate in the usual language in thE
Pdition of Leroy Fleissner for appointment of a guardian for the
form of an Affidavit signed by William J.Schilling,Superintendent
Your Hunor,this is the time set by order of Judge
Sweet,who was acting in Your Honoris absence for a hearing on the
PORTER:
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of the Torrance State Hospital,where the subject is a patient.I
will also offer in evidence an Affidavit by William J.Schilling to
the effect that he served the Petition on the alleged incompetent
mo re than ten days prior to the date of this hearing.
THE COURT:
MR.PORTER:
Were any other persons served,Mr.Porter?
Yes,Your Honor,and we will have testimony as
2
Leroy Fleissner.
Mr.Fleissner,what is your name?
'.
to that.Mr.Fleissner,will you be sworn and take the witness stan
please?
~z0(:i~LEROY W.FLEISSNER IS CALLED AND SWORN.zzId~EXAMINATION BY MR.PORTER:
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Where doyou live?
10 McGowan Avenue,Washington,Pa.
What is your occupation?
Glass worker.
What is your cge ?
58.
What is your relationship to Freda Weston?
Brother.
Can you tell us Freda Weston's age?
A She will be 67 July 26.
Q Is she married?
A She is a widow.
Q When was Freda Weston married,if you know?
A I'd say it was around '25 or '26.
------------------------------------..,
3
Q 19250r 1926.
A Yes.
Q What was the name of her husband?
A Arthur P.Weston.
Q.And is Arthur P.Weston deceased?
No.children.
Did they have any children?
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~A He's deceased.
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And did she ever remarry?
No.
What was Freda Weston's occupation?
She was a nurse before she was married,then when she got married
she didn't work anymore.
Did she work at the nursing profession after her husband IS death?
She did.
Up until when?
I'd say in either November or December of 1968.
Then you and your other brothers and sisters would be her heirs
at law if she were to die.She had no children and her husband is
deceased.
A That's right.
Q And I believe that the ·names of the other brothers and sisters are
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Carl Fleissner,Ella Bromley,Christine Carlisle,Caroline Jewell.
Right.
Are those persons all adult persons?
Oh,yes.
And are they all residents of this county?
All res idents .
Now I show you the notice signed by me as your attorney,giving
notice tha L this hearing will be held here today.Is that paper familia r
to you?
That's right.
Were you furnished with a number of copies of that paper?
That's right.
Did you personally serve copies of that paper?
I personally took the copies around.
Took the copies around and gave one to each of these persons:?
That's right.
Now I show you a list of persons with dates and ask you to read
into the record the name of the person whom you served and the datE
on which you made such service.
Carl Fleissner,4-7 -69,Ella Bromley,4 -1-69,Christine Carlisle,
4-7-69,Caroline Jewell,3-20-69,Washington Hospital,3-21-69,
Metzner Realty,3-17-69,Annex Pharmacy,3-17-69.
4
Q And the latter three persons you know to be creditors of your sister
is that right?
A That's right.
Q And didyou personally hand to each of the parties that you have just
named a copy of the notice that you have in your hand?
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I did.
And did you ascertain that they understood what the proceeding was
about and what the hearing was for?
That's right.
And did any of your brothers or sisters express any opposition or
obj ect toyour being appointed?
No opposition or objection at all.
As far as you know,are you able to s tate to the Court tha t they are
all willing to have a guardian appoint ed and to have you as guardianP.
That's right.
What information do you have as to the extent of your sister's assetE ,?
Tell us briefly what property she has.First,does she own any rea
estate?
No real estate .
Does she have a personal checking account?
She did.
I show you a checkbook for Account Number 0433-0751-316-0077,
Mellon National Bank and Trust Company,Washington Office.
Is that your sister's checkbook?
A That is my sister's checkbook.
Q And do the entries in the check stubs there show what the balance
is tt.ere in that account?
A Yes.
Q What is it?
A $6,255.10,and that was as of January 21,1969.
Is there also savings account?
6
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1 hat's right.
This passbook which I show you numbered 22905,Pittsburgh Nationa
Bank,is that the savings account that we are referring to?
That's the one,sir.
In whose name is that account?
That's in Mrs.Freda J.Weston or Leroy W.Fleissner.
Leroy W.Fleissner is you.
"lhat's right.
What is the balance in the savings account?
$5,724.45.
I have here at counsel table some American Express and Bank of
America Traveler's checks in the name of Freda J.Weston.Do
you know what the total face value of these is?
I couldn't tell you exactly.I think one of them was $200.00,and
I don't know how much is in the other one.
Some hundreds of dollars?
A That's right.
Q Do you know of any other assets or property specifically that your
~i~tpr owns?
A Other than he has that stock or whatever it is,that Pioner stock.
Q There is,Your Honor,among Mrs.Weston's effects,corresponden e
indicating that she does have some interes t in a mutual fund,but
the correspondence indicates that it is held by her as trustee under
deed of trust and we don't know what that is and we will have to in-
ves tigate the nature of that holding.Did she have household furnitu e?
Yes,some.
What was done with that?
Well,there was a dresser,and old cabinet we had there and she
lived in this apartment with one room at the time.There was
hardly anything,a chair,and a daybed,which we have some of her
other furniture in our cellar.And she has a little bit stored at
my wife's mother's house in her cellar.
None of this has any value beyond nominal value,is that right?
No.
She lived in a rented apartment?
Rented apartment.
That is the landlord was the Metzner Realty Company,one of the
creditors.
Yes.
I think that she owes a bill at the Washington Hospital.
Right.
You don't know how much that is?
7
A No.They never sent a bill.
Q She may have some month to month utility bills.
A I have paid the telephone and all but the gas,I mean the electric.
Q Any que::;tions,Your Honor?
EXAMINATION BY THE COURT:
Q Mr.Fleissner,was your sister Freda married only once?
A Only once,yes.
Q And by th.at marriage did they have any children at all?
A No children a tall.
Q So that there are no deceased children?
A No deceased children.
Q Was your sister Freda,to your knowledge,ever a member of the
Arm ed Services of the United States?
A No,she wasn't.
Q Has she been in Torrance since March 6 of this year?
A That's right.
Q And at whose instance was she committed to Torrance?
A What was that,sir?
Q At whose instance was she committed to Torrance?How did she
happen to be put there?
A The doctor recommended her when my wife,she signed because
mv other sisters and brother,they didn't want to have anything to d<
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with her.
And had she been at the hos pital here before she was sent to Torrance?
Yes.she was in the hospital up here.
Haveyou visited her in Torrance?
Yes.we've been visiting her.
How does she appear to be getting along?
Well.you talk to her sometimes.she's all right.And other times
she starts to refer back in the past and just different things like that
Did she recognize you?
Sher,ecognizes,yes.
Do I take it that at times she speaks incoherently?
I'd say sometimes,yes.
What do the doctors say about her chances of recovery?
I haven't talked to the doctor yet.We had an interview up there
a couple weeks ago,my wife and I.and they asked us all the history
and everything like that.
How long was she in the hospital here before she left?
I'd say about 7 or 8 weeks anyways.
Did she ever have any trouble mentally before that?
Well.I couldn't say yes on that at all.She had been in the hospital
a few times before,.I mean sickness like that.
Q Not for m ental dis eases ?
A No.Last June in '68,they had her in this 3-A Ward for about two
weeks.I'd say,something like that.
Q Where?
A Up in the Washington Hospital.
Q What type of a ward is that?You say 3-A?That doesn't mean very
much to me.
10
A I don't know what they call it otherwise.
She knows more about it than I do.
MR.PORTER:
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Does your wife know more about this than you do?
We will call her as a witness and go into this a litt e
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further,Your Honor.
Mr.Fleissner,do you,as a layman,an individual,feel that your
sister is able to look after and manage her business affairs?
No.
And if she were permitted to handle her own business affairs,might
she become the victim of designing persons who might try to take a'A ay
what she has?
NO~I don't think she would.
You think she is well enough and understands enough then to handle
her own things adequately where no one could take advantage of her'
I think they could take sometimes.
That's the import of my question.Could individuals who are design ng
individuals take advantage of her at times when she is in the mood
that you s poke of?Do you feel that they could?What we are trying
to determine here,Mr.Fleissner,is whether she is competent
to handle her own business affairs and her own pro perty and if noboc y
can make a fool of her and take advantage of her,then she is compet nt
to handle her own.
11
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I don't see how she could the way she has _been the last,well,since
four or five months or more.
Then it is your opinion that one could take advantage of her.
I think they could,yes.
All right .That w ill be all,sir.
io~Cl~EXAMINATION BY MR.PORTER:
III«~Q Let me show you these three letters,Mr.Fleissner.Do you
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That's right.
I will hand these up to the Court in a moment but I just call your
attention to the first sentence in the letter dated April 5~1956.
""If anything should happen to me,Leroy (Abe)---are you known as
Abe?
Yes.
'Leroy (Abe),my brother,is to have full charge."Is thatyour sister s
writing;?
A That is my sister's writing.
Q And again,in a letter dated 1962,'IIf anything should happen to me
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"me.
That's right.
Is thatyour sister's writ ing?
Right.
Did you find these letters at the time thatyou were taking care of
your sister's affairs?
Those letters were given to me by my sister herself and I put them
away sealed and never opened until you opened them.I never opened
them .
And it says here,"Millie knows."Is Millie your wife?
T hatIS right.
And a letter dated April,1965,"All money is to be turned over to
my brother,Leroy W.Fleissner,as this is the way I want this.II
Is thatyour sister's writing?
That's right.
12
EXAMINATION BY THE COURT:
Q Mr.Fleissner,has any proceeding before this ever been instituted
to declare your sister Freda an incompetent?
A No.
Q This is the firs t ?
A This is the firs t,yes.
13
Q Now,s,ir,if you were appointed as guardian of your sister's estate
by this Court,do you understand what the duties of a guardian would
be?
Yes.
Yes .
Your wife is here?
You are,of course,married?
How far did you go in schoc 1?
of all income for your sister Freda and of all expenditures and
you a guardian in this case you would have to keep strict account
Do you fully understand,Mr.Fleissner,that if the Court appoints
No.The boy just got married in February.
Do you have children at home?
What is your occupation?
Now I'm a glass worker at the factory on these tanks down there.
and Iwent to Duff's Business College for two years.
I went through all but the last,I'd say six months in high school,
What has been your schooling in life?
I think so,yes.AeQ
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eventually report the same to this Court?
A Yes.
Q Would you be willing to do that?
A Yes.
E v MR.PORTER:Would you be able to do that,Mr.Fleissner?
Are you capable of keeping accounts and records?
14
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Doyou do that in your work?
Not at my work,but I think I have a competent wife.
What is your wife's occupation?
She's a clerk in the City Treasurer's Office.
Has she been for many years?
Many years.
And she is entirely familiar with handling money and record keeping ~
Yes.
MR.PORTER:
THE COVRT:You went to business college you say,didn't you?."
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One other thing.Is your sister receiving Social
will you take the stand for a moment?
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Yes.
All right.You may step down.Mrs.Fleiss ner ,
-------------..---------------------------------------~
15
MILDRED FLEISSNER IS CALLED AND SWORN.
EXAMINATION BY MR.PORTER:
What is your name please?
Mildred Fleissner.
You are the wife of Leroy W.Fleissner?
lam.
Sister-in-law of Freda Weston.
That IS right.
And I believe you are and for a long time have been a bookkeeper
or accountant in the City Treasurer's Office?
Yes,I have.
Are you able and willing to assist in any record-keeping thaL may
have to be done in connection with your husband's administration of
your sister's estate?
Yes,I'd be glad to help.
When did you last see your sister-in-law?
Last Sunday.
Did you visit her during the time that she was in the Washington Hos pital
before she went to Torrance?
I don't think I missed four or five evenings up there.
Tell His HOnor briefly what you observed about her behavior and
her mental condition during your last few contacts with her.
A She seemed to reach a breaking point,Judge,on a Friday.I canIt
16
exactly rem ember the date..but January 3,I believe we took her to
the doctor.
THE COURT:Was that before she went into the hospital?
A Yes.The doctor examined her and asked us if we would take her
with us for a week or so.
hospital because she wanted to nurse again and she wasn't capable
Dr.David Paul,a psychiatrist.So we took her horne for eight days
hadn't taken her medications regularly.
THE COURT:
So he put her into the
Who was the doctor?
She had another appointment with the doctor.SheIthinkitwas.
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of taking her own.She was up here,it would have been eight weeks
on a Saturday following her commitment to Torrance on the 6th of
March .
How did she behave and how did she talk?
She saw red aunts and they turned into red worms.And all the
little leaks on the ceiling would be a big bug.And she thought she
was employed up there as a nurse.But the person that got her
the job was a Damico that lived with her in Aliquippa about 17
years ago,I don't think she had seen her in that length of time.
Q She thought she was employed by this Miss Damico?
A She thought she was employed as a nurse up there.She never
knew her own room.The nurses would have to show here where to
go.She had her clothes in everybody else's room and she was takin~
17
everybody else's.She was really mixed up.
Q What did she tell you about the floor?
A !,hey had taken it up four times while she was there.They lifted
the whole floor up and reconcreted it,and then it would buckle in the
middle.She thought she was in the middle of a shooting spree one
What did she say about your husband being appointed guardian?
Did you find out from her whether or not she had been served with
night.She was caught between gunfire and she said she dropped into~z~~>-UlZZIIIII.
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so many tirres.
Did you visit her within the last few days?
Last Sunday.
a copy of this petition?
Yes,she told me she had been served with this copy.
There are
sisters or brothers to have anyth ing to do with it.
She said she would be happy if he was but she didn't want the other
THE COURT:
Anything else,Your Honor?
We have no questions.No.
All right.
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MR.PORTER:I think that's all we have,Your Honor.I have not
drawn an order because I thought I might ask Your Honor what
form would be preferred.What I might suggest would be that we
draw an order appointing Mr.Fleissner as guardian with instructiop-s
:
to give his own reconnaissance in the amount of say,$10,000,
and with a further provision that he file an inventory within sixty
days or so and at that time,the Court would again consider the
question of surety.And possibly,if assets turn up here in sub-
stantial amount,which I don It know whether they will or not,then
the Court might want to require surety.But for the pres ent,it
looks as though the only money that is actually going to be touched
would be the $6,000 in the checking account to pay some of the bills.
18
THE COURT:We will consider that procedure.
(At the direction of the Court,off-the-record discussion was
not recorded by the stenographer).
THE COURT:
MR.PORTER:
We ought to add that to Mr.Fleissner's testimony
With res pect to this savings account that you have
mentioned,whose money actually is that in the bank?
MR.FLEISSNER:It's her money.
(Proceedings Closed).
19
(On Monday,May 26,1969,at 10:00 o'clock A.M.,the following occurred~:
MR.PORTER:The Court will recall that in the matter of the
estate of Freda J.Weston,an incompetent,the Petition for Appoin -
ment of her brother,Leroy W.Fleissner as guardian was presentEkI
to the Court and was heard by the Court.on April 18,1969.All of
<z;the testimony was taken at that time.And after that proceeding
>-UlZ~had been concluded,Your Honor invited to my attention some item::
0.
to inquire whether we heard any medical testimony at that time.
including the fact that Jud ge Sweet and I had inadvertently failed
that were imperfectly developed in the proceedings up to that point..
to provide for the issuance of a Citation to be served on the alleged
Mr.Porter,I was aboutIrecallthematter.
incompetent.
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the Torrance State Hospital.It's in the record.
THE COURT:
THE COURT:
MR.PORTER:
That will be sufficient."
Tha t's right,Your Honor.
The alleged incompetent is at Torrance?
We had at that time the standard affidavit from~MR.PCB TER:
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MR.PORTER:At that time we presented to the Court Proof of
the service of the Petition on the alleged incom petent,and that wa:
presented to the Court.But I notice that I have it here among my
papers so I will just hand that back.Then a Citation was issued
and I am handing up now the Affidavit of the Superintendent of
the Torrance State Hospital of the service of the Citation on the
alleged incompetent,which service took place April 22,1969.Th
Citation was returnable today.So that has been served.
Then the Court also expressed its hesitation to
appointment of a guardian in a case where the alleged incompetent
might be expected to recover within a reasonably brief time and
asked that some evidence addressed to that point be presented.
And I have now and I am handing up to the Court the Affidavit of
Dr.Schilling,the Superintendent of Torrance State Hospital,who
says in this affidavit the prognosis in the case of the patient Freda
J.Weston is such that recovery in the immediately foreseeable
future is not to be anticipated and that she will require protracted
treatment.
20
THE COURT:
MR.PORTER:
The Affidavit is ordered filed.
And another question that was raised during
the testimony had to do with a savings account Number 22905 in
the Pittsburgh National Bank,which had a balance as of the last
entry in the book,February 5,1969,of $5724.45.That savings
account was in the names of Freda J .Weston or Leroy W.
Fleissner.It was developed at the hearing that although the
account is in both names,the money in the account,in fact,is
the money of the incompetent,Freda J.Weston,and the COlr t
asked that that be made a matter of record.And I am handing
up an Affidavit executed by the petitioner,the brother,Leroy W.
21
Fleissner,which affidavit states that this money is in fact the monE y
of Freda J.Weston and not that of the deponent;and that he will,if
appointed guardian of the estate of Freda J.Weston,administer
and account for the same as such,which constitutes a disclaimer
of any individual interest of his in thatmoney and an undertaking
~on his part to administer it as the wardI s money.
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iot;MR.PORTER:And finally,in accordance with the unders tandir g
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I am handing up an order appointing Leroy W.Fleissner as guardic n
of the estate of Freda J.Weston,an incompetent,directing him
to file his own bond in the sum of $10,000,and further directing
him to file an Inventory within 30 days at which tim e the Court may
make a further order with respect to security to be given by the
in the proceeding now being heard by this court at Number 330 of
1969 in re:the estate of Freda J.Weston,an alleged incompetent?
guardian.
Is there anyone else in Court at this time interE sted
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THE COURT:The matters formerly required by the Court
are made part of this record and we will proceed in that fashion.
(At the direction of the cpurt,off-the-record discussion was not
recorded by the stenographer).
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