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Home My WebLink AboutOC1969-0415 - ESTATE OF CONNELLY'l ~tt tq~ r:<ttnittt ,, ~f. <ttnmmntt Jl~us nf lfn.alfiugbttt <ttnuttty, i J~unsylnnnin, ®rv~nus' <ttnurt littisinu ESTATE OF No .. ----CI6~3.!1!.1·6~9~-J+.41~5~------ S'tell·a Connelly, lnthematterofthe First end Final deeeosed. Account of· __ ..e:JMLSs~r~y:......nB.J.i .tot.aa _C~' oullwn~et:..J ..... · J~Y'f-- Executrix ADJUDICATION AND DECREE $'-~ ~' •' • •· • And now~~... J"t.tl~ ' .. -' '·~ .. ' /0 I 19 --+2---, this matter came on for hearing, audit and distribution at t i!fsession and testimony hlen; and thereupon, upon due consideration thereof' of the balance for distribution in the .hands of the Accountant is determined to be $ 27, ]]:() • 7,3 · . "; . and t~e occ?unt is accordingly confirr~ed; and it is o~dered, adjudged and decreed that the sard balance -be pa1d out by the Accountant m. accordance w1th :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·. · .. . .... ,, SCHEDU-LE OF DISTRIBUTION . ,. Balance~;.pe_r, account:----------:-... --'------- Balance--------------,----------- Deduct Clerk's Costs & -~eceipts P.l,_ls_ opj n.ion & costs Attorney• ____ ..... J~o;).lk\:»Jl.~. -;JE~ • .-.c4C.-.co::Hs~t!74e~ll:-:ll:-4otJ-~------- Russell-Marino, Cl~rk·o~c.,,costs in Ct?rt~fying reel estate to Recorder, · · · · r ... Olga·· o. Wood.wa•rd, · Re-oorder, costs ·recording ce:r- tifi.cetion .of real est_ate, 50.$0 Oli vie Fole'y, sister, legacy, .. credit to be· taken by·theaccountant forfunds·ln the"amount·of $1000•00 advanced prior to distribution by the .C_ourt,· -.··· .,.,,' 1000.00 Mary Rita ConnelTy; ·ni·eee,-specific devise of re"el"estate arid 'residue,"held ih'lk:indr.'and dis- tributed as, .. slich at th~ ·appraised· valti~~; :,real estate as hereinbelow ~escribed, : .... . . . ~ . 6048.73 $ 27,110.7 $ 27,lJ0.73 '· I 26,048. 7.3 No balance RF.AL ESTATE' TO BE CERTIFIED TO THE· :R;ECORDER OF ASHINGT N COUNTY- BY T;f{E CL;ERK OF THE ORPHA.~.r:>>! CO;ITRT p: IS ION . • • "· ' •I ~ ', ' ,.,0. ol ..;J ~ I \ '\.. • J. •,.)' , __ Stella Conri'eily~~ devisb:r, to Mary Ritf··conn'elly, ritht, title ·and interest of the .;evi$or, in and estate described as, V\IZ: ., evisee o parce f all the, of real; .R.eal Estate situate e.t 717 M·~Kean A'\'ctnue, Ch rleroi, Washlngton '. ~ . . ·-· . .., ... ' . . ... . ' . ' ·-. . . ... .. -\. .. "' . ' County, Penn~ylvania, 'beJng a 10-room, three .. stor frame welling " ' • ~ r •·' .· t . ' .. )" 1 •' ~ i . . , . ,. !.. ..:. I . ~ I , ... ·. !; .• ., ~ ,; .. .("• ~ . c;- 1 .l ... , .. '' . · ....... J ., '\ . ... '. . • - l. .. ,) .,. r; ,• >' f, . .. ,, ~ ~ '· ~~' ' t:Y .,, ... ..... ~ ~ a-,• = ~ &. ~ '. ·•-· . ..._--: ., 1 c;·~ :=i ~ t!) ··~ t t - .~ r ' ~ 1 : . ' ... ~ .. . ,. ,· ·~ .. • t ..... bt· ~-,.. {. ..... m Ill 0-'\'-;t"'. ... 0 ' ..... . l ·, • ,• . ·, ~-. . -, .... i i. )>' n .... n ,o· "!.§. . ~ ".-+ 0 ..... '· ,. ,, -~ • ,' f_~ ! :,__~:;. .. ; ' ' . 1. ' .. .. ~ ' .. :s .... ::r CD. 3 0 ::+ CD ., 0 -to.' .-+ ::r CD . . ,; . ...... ~" ~. ! f")'':: f" .. ·-· -I ' ' . . .. . .. , •. ·• •. .. \ ~~ . -. ,. house, the description being more particularly bo !mded an( described as follows: .. .ALL that cet-tain ,;Lot of ground situa.te in th ~ Borougt of Ch~rleroi, Washington C?".-nty, Penns!,lvani~,_ -~n~-de~~:r:'i?~d as follows~ BEING Lot No. 260 in the plan of' lots laid o 1t by the Charlero_i . -• -. . --· --.•..• -. . . ---- . . --- ----.... --.. . . • -. .. r land Company, lying between Seventh and Eighth St t-e·ets, fJ. onting 22 .-,~ ~-·· ·~ •••• '4~ ••• , ... ····~ .... --~· ._,, ••• .., •• ~ • feet on the West s:i,de of McKean Avenue, and ru_nni~g back, preserving the same wi_dth, a dis'tance of _one hundred (100) f et to a 1.5 foot alley. CERTIFIED TO RECORDER: JULY 2_5, 1972 •' ... I .. . ' I'· .; :' I ,. ' -, . .. '• .. . ' -· • ' 'l ·' ' . . ··~ "" . ' , ... v ··--' -~ ' oi, I ~' \ .. __ ... . • -,. r, t_ -~ ' 0 ...... -I "' .-~ ... ... ... -~ '. ..... -) i;... . , ") ~ . . '. ' ·-. -.• 1. .... e- ..• ~ _... §; 0 ... )>. -to. ~ n ':J z-. n ..... \!) 0 :r I c (I) at :J 3 ..... 0 0 0 -to. -t. :t C1) .... ... ~ 0 t N ~ g. = ~ ~ -t. ..... :r C1) ., ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~=J RCC-4 (8-68) COM~ONWEALTH OF , DEPARTME~~T OF REVENUE . . ~ NO. A 0 3 3 53 0 OFFICIAL RECEIPT •• PENNSYLVANIA IN~ERITANCE AND ESTAJETf ~ NNSYLVANIAi RECEIVED -~F_:_O_U:.._::R..:..____:T_:_:H:._O_:_U_:_SA~ND__:. _O_N_E ____ H_:_U.:.._ND_RE_D_T_:_:WE__:_N_T_Y_:-F:.:_O_U:....::R~__:_:_a.:::::nd-=-__ 4:__:6_!_/-=1:_:_0_:_0_-_-_-__ dollars I Mary Rita Connelly, Excr. representing Pennsylvania Inheritance or Estate Tax due from the following estate: From:~~~LL~~~~WL~L-~~~~~-------.-------------------------------------------------Im! Address --=-4=1=-8 _W:.:..:A=S=-=H=I=-N:..::G-=.T..:..O:..:.N_:A:..:...VE.:..=N..:....:U:..::E:_ __ -----l 2% Tax on $ ________________ ~------------------1~ CHARLEROI PENNSYLVANIA 15022 6% Tax on $ _______________ _ $ __________________ 111 File No. 63-69-415 Date of Death 3-24-69 15% Tax on $ ___ 0_n __ A_c_C_'t __ • __ _ $ __ 4..:....z...::3:.....:4=-l.:....:. 5::....::3'----illl Name of Decedent ____ S_T_E_L __ LA ___ C_O_N_NE __ L_L_Y ___ ----l County ______ W._A_S_H_I_N_G_T_O_N ______ -l Remarks: S E A L NOTE: To be delivered to taxpayer 37-202-6 % Tax on $ ________________ $ _______________ __ Estate Tax, Act of May 7, 1927 TOTAL TAX CREDIT Less five percentum of tax if paid within three months after date of death Plus interest at the rate of ___ %_from------------ to __________________ _ TOTAL AMOUNT PAID $ ________________ __ $ __ 4....:..z...:, 3:::...4.:..=1:...:·-=5..:::.3 __ $ __ _,2=1,....,7~·-=-0_,_7 __ $ ________ _ $==4~,!:,;:1~2~4 ~· 4~6~= !2 /? Received by ---..L~---------=-------:---_:__:_....:::....;__ ______ =-llll NOTE: ·In accepting the transfer inheritance tax an future estates, prior to the death of the life /E.-~(Si nature) M~" tenant or tenant for years, as evidenced by this receipt, it is understood that the Commonwealth shall ~ nat be precluded or prevented from hereafter assessing additional inheritance tax at the death of the life tenant or tenant for years whenever it appears that such additional tax may be legally due and-L---~~-=-----:(--Ti--,tl--:./-~--.!:...._:::...._ __ -=-~----. - collectible far reason whatsoever. .. -... ' ....... ~. <!!nmmnuwraltq nf Jruusyluanta. t BB: llasqiugtnu C!lnuuty. \ KNOW ALL lVIEN BY THESE PRESENTS: Whereas, at Washington, in the-County aforesaid on the 28th. day of March A. D. 19 69 , before me, Russ'e 11 Marino , Register for the Probate of Wills and Granting Letters of Administration in and for the County of Washington, in the Commonwealth of Pennsylvania, the last Will and Testament of Stella Connelly late of Borough of Charleroi in the County aforesaid, deceased, (a true copy whereof is to these presents annexed), was duly admitted to probate; and Mary Rita Connelly rix the Executclf in said Will and Testament named, having appeared before me and .taken and subscribed the oath of office prescribed by law; NOW, THEREFORE, I, Russ;ell Marino , Register as aforesaid, do grant these LETTERS TESTAMENTARY, unto the said lilary Rita Connelly committing unto Her , the administration of all and singular the goods and chattels, rights and credits, which were of said deceased, and requiring Her to exhibit a true and perfect inventory thereof into the Register's Office, at Washington, within ninety days from the date hereof, and to render a just and true account of said administration at the expiration of six months from the date hereof, and to regard and comply with the provisions of the laws of this Commonwealth relating to inheritance taxes. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Office at Washington,· this, 28th. day of March in the year of our Lord one thousand nine hundred and Sixt;y Nine .......... -.~~~~---.. ········-Reg~ster J .... = ;... ~ +-t r-l = r-1 a Q) II. ~ ~ 0 ~ +-t I.LI 0 N ts:t 1-0 t Q.t ~ m a II) r-l I.LI r-1 ts:t <D ;... ~ ~ +-t (/} +-t Q.t ~. ·-•· ,, ;: ,. ' ' jl ,, i i· .-}. -~ < • ,. • lAST. 1viLL A.t\10 TESTA~ENT I, STELLA CONNELLY, single, of the-Borough of Charleroi, Washington Cobnty, Pennsylvania~ being of sound and disposing mind and memory,_ do on this 22nd. day of October, 1968, hereby ·make~ publish and. declare the following to be my Last \..Jill and Testament. 1. I hereby reVoke any and all Wills, Testaments and Codicils by me at any time heretofore made. 2.. I nominate and c>.ppoint my niece, i"vl!\RY RITA CONNELLY to be the Executrix o£ this,. Ii1Y Last ~·iill and Testament and I direct that she be permitted to serve without bond. 3. In the event that my Executrix aforena~ed should be unable to serve, or unable to complete the duties ofhcr ,; . appointi'lent, then I nominate and appoint my sister -in-law, ,, ~~· ELIZABETH CONNELLY to be the Exec'..!trix of this 1 my Last \•Jill and i: I I I ! I" l I I· I i ., ! ' I I I Testament and .I direct that she ba permitt~d to serve without bond. 4. I direct that my Executrix pronptly pay from out of i; ;: the proceeds of my est.ate, all of my just debts including the ~: expense of my funeral and the costs of. administration. . i ~ •· 5. I give, devise and bequeath 3.11 of my real e-s'"tat·e····,--··· ' ~ , 1 wheresoever situate and particularly the property at 717 McKea~ ,. ,. I' .. ' Av2nue, Charleroi, Pennsylvania» to my n.iece, H<\...~Y RITA COL'TNZLLY 6. I give and bequeath the sum of $1,000.00 in cash to my sister, OLIVIA FOLEY. I· • I ' \I :! !. .. ' ; ' -' := •. . . . . -~r-~~.:.. .. ---:-: .. ·~ ---=·~~~: .. ~:; .... ~ .. , .. ~~ ... J ~- I 0 ~ ,,.,.,,_._ _ __,,..._,.. __ M~"'L----··-,..:,. .. ,,_~-.,.v.~ ------:-·------~-'-------~--------r-1 ! l 7. All of the rest, residue and· remainder of my property,:· j . whether it be real, personal or mixed including jevTeLry, cash and: all i terns, I give, devise and bequeath unto my niece, i'vtL\RY RITA CONNELLY, in fee simple forever. ; '' 8. In the event that my niece aforenamed should have predeceased me, or in the event that we should meet our deaths in: a common disaster, or i£ my niece should not survive me f·or a · period of 30 days, then I give, devise and bequeath all of the interest, right and title-she would have taken both to the real estate and personal property to my sister -in-law-, ELIZABETH ~ ; ii CONNELLY, with whom I have shared a home for 44 yeq.rsa h :3 -j• ~ ~ ~ l 1% ~ ~ ;; i; l• l; ;: ~ -11 ~ i li IN \'-liTNESS \'!HEREOF, I have hereunto set my hand and --~ ""') l 1<' 1 h . / A-._/ 11 (/ sea -t ~s L/\.: N>1 day of October_, 1968. (SEAL} Stella Connelly /f"~o- .. ,...., ~~..-....... ~ . ., .. --~-. i\ffi~auit ®f 1£xrrutnr ®r A~ministrntnr ~tatr nf ifruunyluauia, t ss: C!1nuuty nf Banqiugtnu \ Personally before me, the. undersigned authority, a ...... NQtar.y, ... P.lWli~ .................................... ..in and for said County and State, appeared ......... ~ ... ~~ .. 9..Q~~~ ........................................................................... who, being duly sworn according to law, deposes and says that she is the executor~of the estate of .... : ..................... §!m..~ .. .Q.Q~ ........................................................ deceased, that the foregoing schedules constitute a ;:::: ::::: complete inventory and appraisement of the real and personal estate of.. ....... §.T.~U ... QQ~~W' ........................ , ~ ~ ·~ 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, based upon a just appraisement of each ~ ~ :::!; ,item made by the above named ExecutDi.x ~ f..•<'"" _!..~ ~ •· ::::> Li-' .l r.L ~:: ~ · Sworn and subscribed before me this ............. :.......... l ~· , ;; ~. ~-da~ ... ~:.:::: .... o ... t .. apn. ...... ~ .. 1. .... ';7f.c .............. ~J.~.: ~~::·.:·.::.................................. .. ........... ~.. .. ...... ~ ·E·~~~~t~~~ .... . ~;·,gi ~- ~ 8 ADDITIONAL INSTRUCTIONS ~~· Q.' l. 2. An inventory must be filed within three months after appointment of personal representative. A suppldmental inventory must be filed within thirty days of discovery of additional assets. 1 Qr~gihal and 2 Copies and 2 RCRI-34, Under $10,000; l Original and 2 Copies and 2 RCRI-33, Ove:F$10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in- " .). cluding Copy of Will and copy of Federal Estate Tax Return. · REFERENCE FOR ADDITIONAL COPY Act of 1947 P. L. 513 Sec. 5.2, 72 P. S. 4844.2 lluurutnrg aub -"pprai.armrut of the goods and chattels, rights and credits which were of ............ §.T.$.~ ... QQ~I ............................................ Jate of :!:th~ ... ~;r.Q:gg~ .... 9.:f. ... Qh9.~Ji..~.9.?:: ............................ . Washington County, Pa., taken and made in conformity with the above affidavit. DOLLARS CENTS Real Estate situate at 717 McKean Avenue, Charleroi, Washington 12,000 00 County, Pennsylvania, being a 10-room, t.hree-story frame dwelling house, the description being more particularly bounded and described as follows: ALL that certain lot of ground situate in the Borough of Charlero · Washington County, Pennsylvania, and described as follows: BEING Lot No. 260 in the plan of lots laid out by the Charleroi Land Company, lying between Seventh and Eighth Streets, fronting 22 feet on the West side of McKean Avenue, and running back, preserving the same width, a distance of one hundred (100) feet to a 15 foot alley. Personal Property: Charleroi Federal Savings & Loan Association, Account No. 16822 Mellon National Bank & Trust Company, Savings Account No. 175-01-2319-01 First National Bank, Charleroi, Checking Account National Securities Series Death Benefit, Catholic Daughters of America TOTAL 15,865 24 2,096 86 237 . 92 5, 795 98- 25 00 36,021 01 J. c.. g t.:r:.l • 0 ·w .. d -··no :hJWl:JiMH-lS\1/A 0 co .. c+ Sll:IM .dO 1M 11 'S:I$3:ti CD "' t-' OiN~lF~il ll.iS'S!fi&:J . t I t-' 0 .. m' \0 ,0 £~ 01 u~ 61 AVU 69, • ' '· rr/t!(] 3'1.1 ' ·~~ I ·- .. · 'I'"'( ~ ... \.~ .... ~ ·'··· ( • l ~ ... iJ ,• ~ (. ..... -~·_;·( .·_ , .... ' ,,. . \_j .-~.. ~ • l _.r) ; I [' f : . l ~ ..... <1> ! (/) ~ ~ 1~ io ~~ I~ .. ··.l t '• l 'i l 1-' :0 b--F:> . : , ~( I •'. -(• ( . ~ ... { .. ~ ··-·· ... J ' • - :.~)~ : : ·: .. ~.(: ,( •• 1 .... { '. ~-~=-~-·~~ I',:;: t • r ,.. ·~ " -• -· • •• t..~. - . · .0 -. r_,_·: .. _r_. .. YLf -~-r_ I, .. \. .. ·- ... :c.r.c.~~ :/os· [,,., -~ • "' I r .... .J. .. ' '',1 '·'. •r ..... ;:: ~ <:! <1> ;:: .,.. ~ C) "'! '-1:: t1:j ~ ;:: t1:j ~ Cl:l ~ ::t:.. ~ ~ ~ ~ ;;;· <1> 0 ~ "1j <1> ;:: .... t.' . ' ' ..... _ .. I • ··' ('-.. ~ I ()'-. ~ ~ ~ " ~ ~ ~ IN THE ORPHANS' COURT OF WASHINGTON a:>UNTY, PENNSYLVANIA ... ' l IN RE: THE ESTATE ·oF STELLA OONNELLY THE FIR$T A.ND FINAL ACCX>UNT OF MARY RITA CbNNELLY, EXECUTRIX JOHN E. a:>STELLO, ESQ. Attorney at Law . . 41& Washington Avenue Charleroi, Pennsylvania ) l, ' . . THE ACCOUNTANT IS CHARGED· AS FOLLOWS: Principal, Realty .. (As per Inventory filed) Income, Realty Prin~ipal, Personalty (As per Inventory filed) SOcial Security Death Bene.fit Refund, Haven crest, Inc. Income, Per~onalty Earnings, National securities Series Sa'\il,ngs Account #196-3538, Mellon National Bank TOTAL THE ACCOUNTANT cLAIMS CREDITS AS POLLOWS: ADMINISTRATIVE EXPENSES . ·' Register of Wills, washington County Probate of will and Letters· washington Coupty Reports ·· Advertising Lettex·s The Valley ·Independen.t Advertising Letters Joseph Sittee, Notary Fees ·. ·<······ Register of Wills, washington county Filing Inventory Register of Wills, washington county Filing Account M•ry Rita Connelly, Accountant's . commission John E. costello, Attorney's Fee. TOTAL PREFERRED DEBTS' . 1- Francis Slezak, Funeral of Decedent ·aaven crest.·Nursing Home, care Last Illness . \ $ 12,000.00 NONE 24,021.01 255.00 48.50 146.86 2 2136.27 $ 38,607.64 h $ 24.5Q 14.00 10.75 3.00 3.00 16.00 1,930.35· 1,930.35 $ 3,931.9.5 $ 2,064.00 744.50 Quinet Monument company, Grave Marker $. -250.00 Borough o£ Charleroi, Ambulance Service 10.00 calvary cemetery, Grave Opening, Tent Rental Monseiqneur William J. Maher, FUneral Mass TOTAL ORDINARY DEBTS John E. ·Costello, Income Tax Return Preparation TOTAL TAXES Internal Revenue Service, 1968 Income Tax TOTAL INHERITANCE TAX commonwealth o£ pennsylvania, .. . .. ~· Inherit~I!lce Tax RECAPITULATION t \; -~ •. :>.,.. ADMINISTRATIVE EXPENSES $ PREFERRED DEBTS ORDINARY DEBTS TAXES (EXCluding Inh. Tax) TOTAL $ 8o.oo 20.00 ,. $ 3,168.50 $ 20.00 $ 20.00 :.· $ 252.00 $ $ 4,12~.46 3,931.95 3,168.50 20.00 252.00 . 7';372.45 ·-··, RECAPITULATION CHARGES $ 38,607.64 CREDITS $ 7,372.45 $ 31,235.19 Balance before Inheri- tance Tax Less 4,124.46 Inheri,tance Tax Paid $ 27,110.73 Balance for oistributioll ,- CDMf.I:>NWEALTH OF PENNSYLVAlUA) SS: ODUNTY OF WASHIN~N ) ·, Personally appeared before me, the undexlign·fil!d ~uthori ty, MARY RITA: CDNNBLLY, Exec~trix ot the .~st Will and Testament of Stella Connelly, deceased, who, being duly sworn according to law, ~ L ·{ <Seposes aDd says that the facts cont.ainecl in the ;foregoing First ' ~ !_. • ~ and Final Account are true. and correct to the best of her knowledge ' . and belief. WITNESS her hand. ~d. se~l. this ·1./..11 day of ~ , 1969. \ • • S\\ORN AND SuBSCRIBED 1'0 before me this !/it (' ~ . day o£ l )tsb.,~ , 1969. e . Washington County Reports· 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. 1784 Sec. 3, paragraphs (3) and (25). CouNTY OF WAsHINGTON) STATE OF PENNSYLVANIA f SS. Personally appeared before me, a Notary Public in and for said County a.nd Co::nmonwealth, CHARLES C. KELLER, who, being duly swor11, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the official legal periodical for said Washington County, publis'hed weekly having its place of business at Washing~.on, Washington County, Pennsylvania, and is act- ing as its agent in this behalf; that the said WASHINGTON COVNTY REPORTS was established oru 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 aotice: or adver- tisement attached hereto is a copy of a notice or advertisement, eJGctly as printed or published, which appeared in the said legal periodical in its regular issues on the following dates: ......... Ap.dl . .3., .... 10.1 .... 1Z., .... J.9..6!;1 ................ . 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 1 he allegations of this affidavit as rx;o ;~e t' e, place and char~~ter) of the )'ufVilat' r.,e true. 1 1 / i I I 1 cy 1,1 ~,< / (l_ .. / )jJ , uLftd ........ ::,,;;;;:. ... : ...... k.:. ........... ~ ---··· ..... .l~~,.d~y oL ... ~ ...... l.\pr:.il .............. ,, 196 . .9 .. .. -~D~t~~ Washington, Washingtcm Co., Pa. My Com1nission Expires November 1, 1969 •. -~ ----Editor Estate Notices The Register of Wills has granted letters, testamentary 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 t:hem for settlement to the Executors or Admin- istrators or their Attorneys . • • • • • • • • • • • • • • • • • CONNELLY, STELLA, Dec'd. Late of Borough of Charleroi, Wash-ington County, Penna. Executrix: Mary Rita Connelly, 717 McKean Ave., Charleroi, Pa. Attorney: John E. Costello, 418 Wash- ington Ave., Cha11leroi, Pa. l Proof of Publication of Notice . in The Valley Independent . I Under Act No. 587, Approved May 16, 1929, P. L. 1784, as amended by Act. No. 51 of April 24, 1931, P. L. 67 State of Pennsylvania County of Westmoreland }ss: Personally appeared before me William H. Pore, Secretary of Mon Volley Newspapers, Inc., a Penn- sylvania corporation, publisher of The Volley Independent, who, being duly sworn, deposes and says that The Valley Independent is a doily newspaper of general circulation in Fayette, Washington. and Westmd·reland counties, Pennsylvania, and elsewhere, published in the City of Monessen, Westmoreland County, Pennsylvania, that it was established June 28, 1902, since which date The Volley Independent has been regularly issued in said county, and that a copy of the printed notice or publication is attached hereto exactly as the some was printed and pulblished in the regular editions and issues of Th~ Valley Independent on the following dates, April 2, · 1969 April 9 and 16, 1969 Affiant further deposes and says that he is General Manag~r of The Volley Independent, a doily newspaper of general circulation, and as such is authorized to verify the foregoing statement under oath, and Affiant is not interested in the subject matter of the aforesaid notice or advertise- ment, and that all allegations in the foregoing statements as to time, place and character of publica- tion ore true. ~ }eo/ ~.,r-..>-. COPY of NOTICE -:.~em.rs.,\t~liiinehtiu:Y7o-;;-'Th~ estai;:or jS!e!!a:JCon·n~!!Y,;.JateYotiBoroush"of c. har· / terot~Wash~ngton:tcountv,~<Jeceased,j. hav- ' ,in9)~eenjsrantedotbY.!he Resister.~ .. :'.of 'Wash~nston!County,'~nottce is jhereby~ gtv- 1 enfto. all. persons'~_inaebted to said estate . to. ·make, im'mediat~'"payment,;.,.iand <: to • .. .those, havi.n .. s.>,d~ims agaitistithe:~sam.e.;to · present\them..,wtthout <lelayJtD;MarvjRtta ·.Connelly; ~executor, 717JIIIMcKean!:'.Ave- :nue, ·Charleroi; ;Pa~~ohii"'lE!"!'Costello, at- torney, 418.>Washinstori(';Ave., Charleroi, . P.a. ~ ,. :~' -1 '<::"V" ;· · •'\ ·c,t,f,16 · !io .. .L. ... .;.),._ ' . ·<. Sworn to and subscribed be o 1e me this ------7-G.-f----- CHARLES M. ph-Jotary. .AubJic ... !.;; Mones..;en, ... j,.sth~e!":"~and ~G., i;a. M My C&mmis~~o:t EY.pires y commission expires -------:;,.;wm1m:oa"""•""'~ -"'1'1::-'inut:rff7-; ------- STATEMENT OF ADVERTISING COSTS: John E. Costello1 Attorney at Law 418 Washington Avenue Charleroi, Pa. 15022 TO MON VALLEY NEWSPAPERS, INC., DR. For publishing the notice or advertisement attached hereto in The Volley Independent on above stated dotes .................. $ 10.00 / Notary ........ :. ............................................................... $ __ ._7_5 __ Total ........................................................................... $ 10.75 PUBLISHER'S RECEIPT FOR ADVERTISING COSTS Mon Valley Newspapers, Inc., publisher of The Valley Independent, a daily newspaper of general circulation, hereby acknowledges receipt of the aforesaid advertising and publication costs and certi- fies that the some have been duly paid; MON VALLEY NEWSPAPERS, INC. By ·- J 1Kunm i\11 ilru iy IDIJrsr JirrBruts Estate of ......................... §.~.~.J.J~ .... .9.Q.~~JJ.Y. .................... . late of .......... 9.~.r.J.~P..9..t ........................... , .......... , Deceased } No ............................... of 19 .......... .. KNOW ALL MEN BY THESE PRESENTS, .. Olivia E. Foley as Principal ana United States Fidelity an Guaran:by That we, ............................................................................................................................................................................................................................ . .......... ~.!.~.~~?..E~ .. ~ ..... ~.~ ..... ~.~-~-~ .. ~.!. ........................................................................................................................................................... . all of Washington County, Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsyl- . f h f h · d · 1 · h f Five Hundred D 11 vama, or t e use o t ose mtereste m t 1e estate, m t e sum o ........................................................................ o ars, to be paid to the said Commonwealth, to which payment, well and truly to be made, we do bind ourselves, jointly and severally, for and in the whole, our heirs, executors, administrators, successors and assigns, and each and every of them, firmly by these presents. Sealed with our seals and dated the ... 2~.th.! ............ day of ......................... 9..~.~-~~-~.!.: ................ A. D., one thousand nine hundred and ........... §J..?.t;.ti.Y. ..... :~JJD.JL ................. . THE CONDITION OF THIS OBLIGATION IS, That if the above bounden ................................................ . .......................................................... QJ.~.Y.J.~ .... ~-~ ..... ~~9..~.~.¥. .................. ; .............................................................................................................. . l\Ja.~ ... App.e.a..l .... f.r.nm .... P..r..o.ba..t.~ .... 0.f. .... W.!JJ. or any of them, shall well and truly administer the estate according to law, this obligation shall be void as to those who shall so administer the estate; but otherwise, it shall remain in force. Sealed and delivered in the presence of: ~tatrmrut nf ~urrtg I, ....................................................................................................................................... , surety in the sum of $ .............................. on the administration bond in the estate of ............................................................................................................ , say that I reside at .............................................................................. , Washington County, Pennsylvania; that I am the owner of real estate, the title to which is in my own name and duly recorded, situated in ........................... : .................................................. : ........... , Washington County, Pennsylvania,_ worth above all encumbrances $ .................................... ; and that I am worth the amount expressed in said bond, over and above my just debts and liabilities . ......................................................................................................................... •uoooouonoouoouooooouooooooooooooooouooooooo .. oooooooouoooooooooo••••••~••••••••••••••••••••••••••••••••••••••••• Street · ~tatrmrnt nf ~urrtg I, .................................................. ~ ..................................................................................... , surety in the sum of $ .............................. on the administration bond in the estate of ..................................... ; ........................................................................ , say that I reside at .............................................................................. , Washington County, Pennsylvania; that I am the owner of real estate, the title to which is in my own name and duly recorded, situated in: ......................................................................................... , Washington County, Pennsylvania, worth above all encumbrances $ ......................... ~ .......... ; and that I am ,~;orth the amount expressed in said bond, over and above my just debts and liabilities. Street P.0. COMMONWEALTH OF PENNSYLVANIA, } SS· WASHINGTON COUNTY, . And now .......................................... 19 ............. comes .............................................................................. -··········-········································· who being duly sworn, says that he is acquainted with the financial standing of the securities to the within bond; that the said obligors have each executed the said bond and that the sureties thereto are the owners of real estate in their own right of value more than the penal sum of said bond over and above all incum- brances and exemptions. Sworn and subscribed before me this .............................. . day of ........................................................................ A.D. 19 ............ . Co. I --------------------c-------- J .. 0 .... IQ 0 . !!! .... Cl iF I IE 0 = a: 0 Iii = •• Ill fa <IJ Q. IL <IJ 0 AM 10 36 = 11.1 = 1-< N ·-t .... 1-~ CIJ "tJ ;...... 11.1 c:: Ill .... 11.1 "tJ 0 1St J: .. ..... 1-> z = 0 .. ..... z a. a c. Ill ~ "1::1 ~ < ~ c:: 0 0 0 0 III III c:: "tJ "tJ c:: c:: 0 < III 3Jn tqr (@rp qans · Qlriurt nf llasqingtnn (!J:nunty · In tho matt" of the Andlt of Aooonnt In ~ Estate of Stella Connelly ___ ) No. £;3 ,-t r-Lj ;r ,•U_, f.z.-1, TO THE AUDITING JUDGE: Enter ___ m--::.y ______ appearance for Olivia E. Foley, as heir, contestant of Will purporting to be dated October·22, 1968, and as appellant from the probate thereof. 2)~ay of October , 19~ 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 No. ___ _ _________ , 19 ___ , A.A. In re Audit of Account in Estate of Stella Connelly, Deceased. AUDIT Jrarripr fnr i\ppraraurr FOR Olivia E. Foley as heir, contestant and appellant £rom probate. "'' ---------------------------------------------------------· Howard F. Carson, Esq. Attorney ·-··=· ============= ~.\W<·2 il '·' ~ .J •, . , .•.) •' I -~ •• f? . ~: .. "-- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN'A . . . . ORPHANS.' .. COURT -DIVISION NO. {p 3-(. Cf-· f/_r IN RE: Estate of Stella Connelly, Deceased . APPEAL FROM PROBATE OF WILL BY REGISTER E?l:e >-me (.11~~ ~ 1(11 (.l'i ~ ,..,., Lfl ~ rn i": ~-4 ~~ Y'- C! 0 ~"" i'J!91~ A g!!~ .I F: ""B!"""Q )i..· ift . ,. g). ~ ~ (""") -....... ....., :;t;l' :::X a w ...1/1:' ~··' t 1~. ,...- r--f1'~r· 0 ... ~:T-(J~ ~~~~~~~ ~~ 15022 ._..< r .L ------.. ·-~··--.1//! l l ---------------------------------,,.-----------. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT -DIVISION APPEAL FROM PROBATE OF WILL BY REGISTER COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF WASHINGTON ) TO RUSSELL MARINO, REGISTER OF WILLS OF WASHINGTON COUNTY: IN RE: Estate of Stella Connelly, Deceased, No. C>3-t7-f/!.l The undersigned hereby appeals to the Orphans' Court of from the decision of the Register of Wills in the above estate, 8;dmitting to probate a certain writing dated the 22nd day of October, 1968, as the last will and testament of said decedent, and granting letters testamentary thereon. Olivia E. Fol ' Olivia E. Foley being duly sworn, does depose and say that the above mentioned appeal is not intended for delay. Sworn to and subscribed before me the <) 7 >.b' ··~-" day of October, A.D. 1969. Register AND NOW, Octob'er :J-j ,$' 1969, security ~n-the above appeal is ; fixed in the sum of $ .6o" ~~ c-v 1 d tft'. AND NOW, October ;:o . , 1.969, Bond of Appellant, with surety, in the sum of $ ,je:1o, ue> , has been filed and approved. /J "b_~ ~a?L./r/ Register FormNo.14 (1960) W ashlngton County Bar Association . ) Notice-Deposition on Oral Exarn~nation ~2 Washington, Penna. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF STELLA CONNELLY, Deceased. NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION UNDER PA. R. C P. No. 4007 (c) Notice is given herewith that, pursuant to Pa. R. C P. No. 4007, the deposition (s) of Rudh Logan will be taken at her home at 714 McKean Avenue, Charleroi, Pa., ae~ of Iva Culmer, Mrs. Isadore Hostnick, Anna Mary Schwendeman, Joseph L. ' U:l!" .. n•••••••••••••n•••-•••••••••••l"••u-••••n•••••••••••••••••••••••••••••••-••••••eeon••••••••••••••••••••••••••••-••••••••••••••••••••••••••••••••••••••••••••••••••u••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Connell)· Dorothy Maund, Harriet Wagner, Mercedes Zeuger, Albert J. Balkey, Carl S. Balkey, Alice Hantisse, Cecelia Mossiaux, Nora 'Riley and Olivia E. F o~i:'e'Y .................................................................................................................................................................................................................................................. . will be taken on oml examination )Q~., ...... t.h.QP.9h .... .O.Q.1 .... ngQ_~.§.§.9:;riJ..Y. ..... t.n .... t.h~t. .... .9.!:.9&!' .. , ..... ?.:.t .... the Law Offices of Howard F. Carson, 212 Fourth Street, Charleroi, Pennsylvania, ... on ....... .'J)J.§.§.gg,y ..................... , ............... NQ.Y.g_m.l?.g_!-: ...................... 4. ............................. , 19 .. J?.2 ......... , at...W.i.:!:h ..... 1h.!?. .... Q~..P.9.§.i.-. ~:ion of Ruth Logan to begin at 1:00 p.m., and the others immediately following ~~xxxxxxxmx, and at any and all adjournments thereof. The deposition will be reported' . ··'' • b Rebecca Ostrzycki, or some other qualified stenographer. y ...................................... , ........................................................................................................................................................... c ..................................................... .. These depositions will be for purposes of discovery, aid in preparation of pleadings, perpetuation of testimony, and for use in trial or hearing; their scope may include evidence relating to the mental cbndition andi competency of Stella Connelly during the last ten years of her life, and to her susceptibility to the in~luence of others. . ··-·····!/..~ .. 5.. .. ~ .... : ............. . D ated .... .9..~ .. !.~.~~E .... ~.?..? ...... ~?..?..~ ............. .. Attorney ( 99 fo r..9.~ .. ~Y.~.~-... ~.: .... X.~.~-~Y.?. ..... ~.~ .... !.?:~.~E.L ... contestant and appellant. AND NOW, thi~,:.~ .. day of ............ 9..C:::.:!.~.~~E ................................... , 19 ... ~?. .... , I hereby accept service of the within Notice and acknowledge to have received a copy thereof. .• '--- ' .. , ~ . -...... a c • : ._ .. ~- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION NO. 63-69-415 IN RE; ESTATE OF STELLA CONNELLY, Deceased. PETITION FOR CITATION SUR APPEAL Al'ID ORDER AND DECREE v/ J~ "" "' ,:, :Porn~ \ ~J;IJ-" /.) ~ 5? ~ :1:!1 / ~ ~~-~ 0fnt.,_, e:~p 0 ~ ~lj@ fl ~ -(' Q ~ ?;J ,'91 ~\.) ~-~~ ~ ~'~~~~§ .. c::n u::> ..,., . ' ~" ::!!: ,...,..._. t:::) • w::: ,..._, en n1 0 :::::::... -~ =z (..-.) en "' ":\ ~ ~'l''V~ ~i~sr-G'~ ~' ~AP'~tf~_al/~ . ";)"'-'fdA?/Yula.-hJfl/YI4h/ \)j~,.,w,~ .. T------_. ~ -·~~ ,50~;-::::;-\ -~1 . .,... /-fa ,i~'!_ ~.~S"~ ..... ~1:i~.:'.2"'L ... ~ ... ···-~--·~ ... . ---''"'----- HFC/cr 1 -llp :I :I IN THE COURT OF CpMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF STELlA CONNELLY, Deceased. ) 0 . ) ) No. 63-69-415 PETITION FOR CITATION SUR APPEAL FROM REGISTER OF WiLLS IN PROBATING WILL " ,. i~ TO THE HONORABLE, P. V. MAR!:NO, PRESIDENT JUDGE OF SAID DIVISION: .II ,, I l ,, I· If 'I I: ~ ! The Petiti?n o:f'OLIVIA E. FOLEY respectfully ll represents: I 'l 1. That Stella Connelly die~ March 24, 1969, a resident ~ t • ' ii i i !f o:f Charleroi, Wasqi~g'ton coi~ntyii Pennsylvania, leaving to survive 1 'I 1: ' ~~ !her as the persons·~htitled~to·~er il I I o:f Pennsylvania: ~ il II II II ~ li I II I. ,, II II II II II ~ II I' II I I I, 1 I' II :I I I' I I I i II I a. b. c. d. estate under the Intestate Laws OliviahE.'Foley, sister o:f decedent, o:f 1311 Craig Street, McKeesport, Pa., a one-fourth interest: .. ! I I I' Children o:f Charles Connelly, predeceased I brother o:f decedent: Jean Dingwall, 477 Antenor Avenue, Pittsburgh, Pa., a one-eighth interest. Charles Connelly, 127 Mt. Lebanon Boul~vard, Pittsburgh, Pa., a one-eighth interest. Children o:f Marie Connell, .predeceased sister o:f decedent: .. Mary E. Ireland, 8177 Nadine Road, Verona, Pa., I' a :four~twel:fths interest. II I !I Helen M. Connell, 1101 New Hampshire Avenue, N.W .~ Washingto~, D.c., a :four-twelfths interest. I Joseph L. ::connell, 94 Woodland Drive, Mt. Leban-~ on, Pittsburgh, Pa., a :four-twel:fths.1nterest. . . .1~.~. I Children o:f Joseph Connelly,·predeceased brother1 o:f decedent: I " Mary Rita Connelly, 717 McKean Avenue, Charleroi Pa., a one-eighth interest. ~I Evelyn Tachoir, 26918 North River Park Drive, Inkster, Nich., a one-eighth interest. 2. That your petitioner is a party in interest in the estate o£ the said decedent, entitled as a sister to a one-f6utth interest under the Intestate Laws o£ Pennsylvania. 3. That a certain writing alleged to be the Last Will and Testament o£ said decedent (a copy o£ which is hereto attached as Exhibit "A"), and purporting to have been made on October 22, 11968, was admitted to probate by the Regist.er o£ Wills o£ Washing- ! r ton County~ as the Last Will and Testament o£ the said decedent on :··, , . I ~March 28, 1969, in Will Book 107, Page 44, and letters Testamentary ithereon were granted to Mary Rita Connelly, the executrix named therein. 4. That on October 27, 1969, your petitioner filed her appeal £rom the decree o£ the Register and duly entered the secur- ity required by the Act o£ Assembly; and the record o£ proceedings before the Register has been duly certified to your HonoraBle Court. 5. That your petitioner believes, and expects to be able to prove that the alleged will is a forgery; this belie£ is based upon the written. Opinion o£ M. A. Nernberg, a recognized ' handwriting expert and examiner o£ disputed documents; a photo- copy o£ his said Opini~n is attached hereto,·made a part hereof and marked Exhibit "B". 6. That your petitioner believes, and expects to be able to prove that, at the time o£ execution o£ said writing, the physical and mental condition o£ the decedent were greatly impair- ed by sickness and infirmity, and that she was not a person o£ sound mind, capable o£ disposing by will o£ her estate; and fur- ther, that said writing was procured by undue influence, duress and constraint practiced upon the said decedent by Mary Rita Connelly, named in said writing as the residuary legatee, and by Elizabeth Connelly, now deceased, the mother or said Mary Rita Connelly, and by other persons whom your petitioner is at the present time unable to name .. 7. That for several years prior to the alleged making of the alleged will, the decedent had had great difficulty in remembering and recognizing long time friends and relatives; she could not remember fellow workers; that where formerly she had been an alert and expert book-keeper, she became incapable or I handling the books or her church organization which she had served as Financial Secretary for many years, and therefore, she had to removed from office several years prior to the alleged making the alleged will; that following the death or her sister, Esther,· in 1966, there were ·.timcas when she could not comprehend that her sister had died; that when her brother, Joseph, died in October or 1968, and was laid out at the funeral home, only two weeks before the making or the alleged will, she did not recognize the body in the coffin as that or her late brother and denied knowing said person; she often became confused as to where she was, where she was going and wh~e she had been; and that for several years she was incapable or handling her own financial transactions and yielded to the wishes, desires and influences or her bro~her, Joseph Connelly, his wire, Elizabeth Connelly, and his daughter, Mary Rita Connelly, all or whom were in conri- dential relationships with the decedent. Allegedly, on the same date as the said will is claimed to have been executed, the dece- dent is alleged to have executed a power-or-attorney addressed to the First National Bank, Charleroi, Pennsylvania, giving a full power to the said Mary Rita Connelly, but no subscribing or att- esting witnesses were produced to verify the signature; and that your petitioner believes it t9~e sig6ifidant.that no subscribing witnesses' signatures were affixed to the alleged will. WHEREFORE, your petitioner prays your Honorable Court to award a citation directed to all parties interested in the decedent's estate as heirs, relations or next of kin, the same being those persons listed in Paragraph 1 hereinabove, with per- mission to serve those residing outside of Washington County by Certified Mail, Return Receipt Requested, and to serve Mary Rita Connelly by personal service upon her Attorney, John E. Costello, Esquire, to show why the said appeal should not be sustained and the decree of the Register set· aside and an issue directed to try by a jury the following questions of fact: (1) Whether or not the said alleged will is a forgery; or in the alternative, (2) Whether or not at the time of the execution of said writing, Mary Rita Connelly was in a position of confidential relationship with the decedent; (3) Whether or not at the time of the execution of said writing the decedent was a person of sound mind; (4)-Whether or mot the said writing was procured by undue influence, duress and constraint practiced upon the decedent by Mary Rita Connelly and others; (5) And such other questions of fact which your Honor- able Court determines to submit to the jury. /f~h~---------1-Howard F. Carson, Attorney 1 for Petitioner, Olivia E. Fol y ~, I COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF WASHINGTON ) Olivia E. Foley,. thepetitioner named in the within petition, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition, which are within the personal knowledge of the deponent, are true, and as to facts based on the information of others, the deponent, after dilligent inquir~, believes them to be true. Sworn and subscribed before me on this (:;sd day of Nov:e:r;nber;_ 1969. ~/ -~, ---My commission expires: Olivia E. Foley . CATHY JEAN ROSENTHAl: NOTARY PUBLII1 CHARLEROI 80!10 WASHINGTON COUNTY MY COMMISSIO~I EXPIRES 1.1ARCH 12, 1973 Member Pennsylvan:a f,ssn. of NctJries t ·- I. I .. • ,. I ,. ;, ;- , . . , ,, . ~ ; i' ';. ,: :i .. .. ' . z; . ; ~ :: .; :· ! ~ 1. ,· ·.l'. ', .. I, STELLA CONNi.tLLY 1 single 1 of the Borough of Charleroi:, Washington Cou~ty, Pennsylvani~1 'being of so~nd and disposing mind. and mcmo'ry I do on this. 22nd 0 ·.day of October I 1963 I hereby make 1 publish and declare the following to be my Last \•Jill and Testament • 1. I hereby revoke any and .all ~·Jills 1 Testaments <lnd . Codicils b}· me at any time heretofore m<lde. ' .. 2. I noJllina te and appoint r.1.y niece 1' Mlu'1Y RITA CON~;ELLY to b·:a the Executrix of this 1 . my I..ast \'iill and Testanent and I dir9ct that she be pcrmit~ed to serve witho~t bond. .• 3. In the ·evant that my Executrix aforenar.J.ed should be unable to serve, or unable to complete the duties of he: a1Jpoint.s8nt 1 the::1 I. nomina. te and appoint my sister -in-law, ELTZ.I\BETH CONNELLY to be the Exec'..lt'rix of this 1 _my Last \;Jill and Testament and I direct.that she be pe:mitted to serve without bond~ / 4. I direct that my Executrix pronptly pay f:cm out of .. the p::::oc2eds of my estate 1 all of my_ just debts including the~ . . expense of my _funeral and the costs of admiriistration. s. I give, devise and bequeath all of my real e.state w~eresoev~~ situate and particularly the property at 717 McKe~n .. Avenue; Charleroi, Pennsylvania,,. to my niece, t--!A'R.Y RITA C0:~:'\2LLY 6. I giv~ a~d bcqu.zath the ·Sl4~ of $1,000.00 in cash to my sister, OLrv:vi FOLEY. J Exhibit "A" • .... ~ \ ... ;. " , . . ,· !r :\ •I .. '• .. . , ,· 'i !: !' ,. Jt ~ l ;. • ' ; ~ •' I ' • '· ....... , .... 7. All of the rest, residue and remainder of my propert~, whether it be real, person~l or mixed. including jevJe.lr)', c.J.sh and all items, I .give, devise and bequeath unto my niece, M.t.\RY RITi\ CO:.\"NELLY, in fee simple forever. 8. In thq event that my niece aforena.med ::;hould have predeceased me, or in the event that \''e should meet our. deaths in a common disuster, or if my niece should not survive me for a ~eriod of 30 days, then I give, devise and besueath all of the interest, right and title she \vould have taken both to the r€a1 estate ?.nd .personal property t_o nJy sister-in-law, ELIZABETH :; CONNELLY, \Vi th 1Nhom· I ha·Ve stja:red a h6m.?. for. 4.4 years. j, ~ . ,. '· 1~ IN \VITN·~·ss \'!HERE--OF, I have hereunto set my hand and . l; . 1 . h. --~ "l~//d f 1 6 ,1: sea ·t . ~s l-k'iv''·'.Jr ay o Oc.tober, .· 9 8. j; •: ~ . ' n. . . ; .. , ;, •. '! ~ ; ;1 ;: " .i .. ' , 'I St2lla Connelly . _/-(~-0-.. ., . I {SEAL) ·, .· .... II ,, i ;I ~ { il II I! II J: II II li I' ;I II I! II It II ;I il . li II 'I l! 11 · rj II II li ·! :! ,, i! I F d l! fi II II \, l: 'II I 0 P I N I 0 N Howard F. Carson, Attorney At Law 212 Fourth Street Charleroi, Pa. 15022 Dear Sir: RE: Stella Connelly Will Book 107, page 44 October 22, 1968 This is to certify that a microscopic examination of the signature of Stella Connelly reveals the following: 1. Signature is a forgery. Style, size, slant, .. . formation of letters, quality of lines ~nd reflex handwriting characteristics contained in this questioned Exhibit are not found in the admittedly genuine standards which were made available to me. I I· 2. We have before us a signature which on it's very face reflects. labor and difficulty in the forma- tion of the letters and is artificial in appearance. The hand which·wrote the genuine signatures used for juxtaposition was not the same 1 hand which allegedly ~igned the questioned Exhibit.~ Dated at Pittsburgh, Pennsylvania June 10, 1969 Exhibit "B" Respectfully submitted, I J1fiv9---f~ M.A. NERNBERG /' Handwriting Expert and Examiner of Disputed Documents l I I I I COURT OF COl-R-iON PLEAS 1Jn Wqr-®rpqunn' Qiourt of lllan4iugtnn Q!ouuty, Jruuayluanin kSTATE OF ( ( ) ) STELLA CONNELLY, ( ( DECEASED. { QJ itatlnu l NO. 63-69-415 ). ) ( ( (!tnmmnmurttlt4 nf Jrunnylunnitt liHI: Qlnuuty of ltas4tngtnn } To: MARY RITA CONNELLY, and all those persons listed in Paragraph 1 of said Petition, Sur Petition of: OLIVIA E. FOLEY ' 'v ap Qlonttnttttll mnu, MARY RITA CONNELLY, and all those nersons listedin Paragraph 1""" of Petit-ion, that, laying aside all business and excuses. whatsoever, you do file in the office of the Clerk of our Orphans' Court of Washington County, a full and complete answer, under oath, to each and every of the averments of the said petition, on or before Monday , the 22nd day of December 19 69, at 10:00 o'clock ___.A.M .. , and show cause why the appeal of Olivia E. Foley "from the decree of the Register of ~·Jill s admitting to Probate a certain writing dated October 22, 1968, as the Last Wil] and Pes Lamen L of .%ella Connelly, should not be sustained, the decree s~t aside, and an issu~ directed to be tried by a jury on the quest1ons or fact set rorth 1n the Decree; and further abide the order of our said Court in the premises, If you fail hereof, the petition may be taken PRO CONFESSO and a decree made against you. WITNESS the Honorable P. Vincent Marino, President Judge of our said Court, at Washington, Penna., the 26thday of November , 19Q.9_ . . ~/n~ · Clerk of the Orphans' Court HOWARD F. CAR SON, Esq. Attorney for Petitioner. Charleroi,Penna., (Seal) 15022 HFC/cr 1 ... 11p 11/25/69 ,. IN THE COURT OF COMMON PLEAS OF WASHINGtrON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF -} STELLA CONNELLY, ) No. 63-69-415 Deceased. ) D:· E. e-: R E E. AND 0 R D E R AND . NO.v, this ____.,"'\:t.-· -=G~_day of Uu--ih.. I . ' 1969, upon consideration of the annexed petition, a citation is awarded, directed to Mary Rita Connelly and all those persons listed in Paragraph 1 of said petition, to show cause why the appeal of Olivia E. Foley £rom the decree o£ the Register of Wills admittin9 to probate a certaih writing dated October 22, 1968, as the Last Will and Testament of Stella Connelly, should not·be sustained, the decree set aside, and an issue directed to be tried by a jury on the following questions of fact: (1) Whether or not ~he alleged will is a forgery; or in the alternative, (2) Whether or not at the time of the execution of said writing, Mary Rita Connelly was in a position of confidential relationship with the decedent; ( 3) Whether o·r not at· the time of . the execution of said .. •r' writing the decedent was a person of sound mind; (4) Whether or not the said writing was procured by undue influence, duress and constraint practiced upon the said decedent by Mary Rita Connelly and others; (5) And such other questions of fact which this· Honor- ,. able Court determines to submit to the jury. It is ORDERED that a copy of the Citation, this Decree and Order, and the annexed petition may. be se,rved upon the Res- pondent, Mary Rita Connelly, by personal service upon her Attorney John E. Costello, Esquire, and the same shall be served upon all those persons listed in Pa~agraph 1 of the petition as residing outside of Washington County by Certified Mail, Return Receipt Requested. Returnable on the at J <?. 'c:--e> o'clock,;f.'.m. l ·z_ c:-day of I ,, I~ ~----~ I) IN THE COURT OF COMMON PLEAS F WASHINGTON COUNTY, PENN'A. 'D ORPHANS' COURT DIVISION '+-1 Q) No. 63 -69 -415 0 :> ·r-i ... ;:::... cd >< II IN RE: ESTATE OF 0. E: ·r-4 0 . ' )..I ;:::... u Q) .Pr-i II 8 ;::lr-i STELlA CONNELLY, ~) I cd ,(lj u Q) ~ (/) Q) c '+-1 >< c II Deceased. 0 w 0 u .p 0. ·r-4 '+-1 Q) 0 u Q) )..I . 0'1 ..0 0'1 r-i 'D ., I ""'· I OBJECTIONS TO INVENTORY ,'g AND APPRAISEMENT FILED, MOTION FOR CONTINUANCE Ol OF AliDIT OF ACCOUNT, 'D (' ~---~I Q) ·~ AND OHDI!;R.- r-i . a:· 0' ( ... I 'I a· --~ ~/ {.0 '+-1 • 0 t...., 0 cd w If ::0 0 ;:::... (/) I"T1 ;:;v i't'l ~ ·r-4 ~5; 0 -n "'\) (J)t'J) Ol --i...., - ~I c ~ :l ~!:: ..... ,.-- •r-4 '~ ~' • I ~ 'D tl '\1 • ~= ~ ::t:• -o cd ~ ~ ::::.E::o ::::;.: m. Q) \,C)' ~j E;Z ~ CJ r-i Q) 0. ..c .p c •r-4 ~~ 1\) ... ..c ~~~ w E: .p 0 ·r-i c E: 'D Q) ~ ~Y~~ c ..c <r:: .p t~~ 15022 : I ' II c....:.__ -~)]•-~ . ' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF ) : STELLA CONNELLY, ) No. 63-69-415 . . Deceased. ) OBJECTIONS TO INVENTORY AND APPRAISEMENT FILED TO THE HONORABLE, P. V. !1'1ARINO, PRESIDENT JUDGE OF SAID DIVISION: AND NOW,,thisl(;c£ day o£~ ' 1969, OLIVIA E. FOLEY, an appellant £rom the Probate o£ the alleged Will lo£ said decedent, by her attorney, Howard F. Carson, Esquire, 1 objects to the Inventory and Appraisement filed by the Executrix, Mary Rita Connelly, on May 19, 1969 with the Register o£ Wills o£ 1 Washington County, £or the following reasons: 1. The accountant (Executrix) has failed to include I among the assets of the decedent 1 s estate certain i terns of personal! I f jewelry belonging to the decedent at the time of her death. 2. The accountant (Executrix) has 'failed to include among th~ as~ets of, the decedent's estate certain' other i terns ! of pe:r:sonalty 'be~ongi·n~' 'c~o the decedent at the time of her death. 1 I I 3. As of this date. the said Olivia E. 'Foley and her I J ·attorney have not had sufficient time and opportunity to fully I MOTION FOR CONTINUANCE OF AUDIT OF ACCOUNT HOWARD F. CARSON·, Esquire, as Attorney for Olivia E. Foley heir, exceptant and appellant, moves the Court to continue the Audit o£ the Account of the above decedent's executrix, from its present scheduled time of December 8, 1969 until some future time for the following reasons: j a. The paper dated October 22, 1968, purporting to be the I 'Last Will and Testament of Stella Connelly, deceased, has been attacked and to make any Adjudication o£ Distribtion at this time would be premature. b. Counsel for Olivia E. Foley has not had sufficient time }, to fully develop and investigate the apparent omission of certain of the decedent's assets from the Inventory filed since the attack on the Will was perfected on November 26, 1969. ! c. Counsel for Olivia E. Foley has not had sufficient time! to completely investigate the credits claimed by the Executrix 1 II I in her Account which is to be audited on December 8, 1969, and , j considering that many of such credits may be subject to challenge : if the Appeal from Probate is sustained, _the right to make appropriate Objections to the Account are hereby claimed and reserved until the issues raised by the said Appeal are fully litigated and determined. Attorney for Olivia E. Foley A F F I D A V I T COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF WASHINGTON ) Howard F. C~rson, being ~uly sworn according to law deposes and says that he is~the a~torney of record for Olivia E. Foley, the above Appellant and qbjector; that the objections above set forth are not filed .for the purpose of delay, but because it is believed that they raise proper questions reg~rding the assets and liabilities of decedent's estate and the balance available' for distribution to the parties faidy entitled thereto, and in order to prevent injustice in the administration'and dis- tribution of decedent's estate. --, ;swor~_a,nd subscribed before me ~ -o~, ~~;~·:«J d day of November, 1969. -. --1-. . . -I JJ CATHY JEAN ROSENTHAl! NOTARY PUBLIC -(__ ~ ~ 1 BORO WASHINGTON COUNTY •. ·--~-,-'7:-.-,__,.~-:T-rf'-"---~~::-:---;;;.__----'-'M"-'Y,.,C~O..uMloi.!MI-SS~IO~N~EXPIRES MAR9H 12, 1973 -. , ,." -Member Pennsylvania Assn. of 'Notaries J\.ffii)~tuit ®f 1£xrrut~t ®r 1\bmiutatratnr .:.-. ~tutr of Prntt!l!Jlttuniu, (!].ounty llf IDunl)ittgtnn Personally before me1 the undersigned authority, a ...... Nj:rt.ar.y, ... P.ubliq ... , ................................... in and for said County and State, appeared ....... .J1ARX. .. ~A .. 9.9NN.~~~X' .......................................................................... who, being duly sworn according to law, deposes and says that she is the executonox:xadmixli::rtrotmc of the estate of ... ; ...................... W+.~~ ... Q.Q~.ID. ....................................................... deceased, that the foregoing schedules constitute a I . -. 1 . . . f h I d I f STELT A cmThmLLV comp ete 1mentory anc apprmsement o t e rea an persona estate o ..................... :':/nr .......... :l~.,li! ...... >~. ........................ , 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, based upon a just appraisement of each . item made by the above named Execu1Dix ~ . . _1b . £. ~ " S-worn and subscrzbed before me tins........................ l )JA ~ fl. ,? jj/ day of ............. April.. .... ~··········· .... 19S9. .. _ {J.L.i.JJ./.:u..t·· · L .. :f.l:._ r:d:.l:0.i/..(;fi1c:.,. •. ~......... . ;;,;.;r-:£..:1{! ~~17d. ............................. :............... Executor~ , ota .. .Y .t'Ub 1c "'":Y · . ADDITIONAL INSTRUCTIONS . l. An inventory must be filed within three months after appointment of personal representative. 2. A supplemental inventory mus<t be filed within thirty days of discovery of additional assets. S. 1 Original and 2 Copies and 2 RCRI-34, Under $10,000; 1 Original and 2 Copies and 2 RCRI-33, . Ove't $10,000, including Copy of ·will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in- cluding Copy of Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COPY Act of 1947 P. L. 513 Sec. 5.2, 72 P. S. 4844.2 llttttttttnry att.b i\.ppntinemrut of the goods and chattels, rights and credits which were of ............ ~.'r..$.~ ... QQNN!)I.W.J ............................................. late of t.h~ ... .l?9.t~9.y.gh .... Q%. .... 9.hg.:r1.~.9..i-:. .......................... .. Washington County, Pa., taken and made in conformity with the above affidavit. DOLLARS CENTS ! Real Estate situate at 717 l~Kean Avenue, Charleroi, Washington · 12,000 00 County, Pennsylvania, being a 10-roont, three-story frame dwelling · · house, the description being more particularly bounded and described as follows: ALL that certain lot of ground situate in the Borough of Charleroi Washington County, Pennsylvania, and described as follows: BEING Lot No. 260 in the plan of lots laid out by the Charleroi Land Company, lying between Seventh and Eighth Streets, fronting 22 feet on the West side of McKean Avenue, and running back, preserving the same width, a distance of one hundred (100) feet to a 15 foot alley. Personal Property: Charleroi Federal Savings & Loan Association, Account No. 16822 ·/ Mellon National Bank & Trust Company, Savings Accmmt No. 175-01-2319-01 First National Bank, Charleroi, Checking Account National Securities Series Death Benefit, Catholic Daughters of America TOTAL 15,865 24 2,096 86 237 92 5, 795 98- 25 00 36,021 01 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ORPHANS 1 COURT DIVISION ESTATE OF- STELLA CONNELLY, NO. 63-69-415 Deceased. ANSWER TO PETITION FOR CITATION SUR APPEAL FROM REGISTER OF WILLS IN PROBATING WILL TO THE HONORABLE, P. V. MARINO, PRESIDENTJUDGE OF SAID DIVISION: -' ' .. The Ailswer of MARY RITA CONNELLY, the Executrix of the- \ ' Last_ ·wi.ll_ and Testament of Stella Connelly, Deceased, respectfully -· sets out:·· 1. The averments of pax:agraph~one (1) as to the date of death of Stella Connelly is admitted as is her residence. The remaining averments insofar as they relate to the-degrees of relationship and the persons related are admitted, but it is set out that this is not material inasmuch as there is i_n existence a Will previously made by the Decedent, Stella Connelly, which Will will be set out,in more detail hereafter. 2. It is admitted that Petitioner has an interest if the said Stella.Connelly is deemed to have died intestate and if ' .the Will which was probated and' the previous Will are declared to be invalid. r1 u ~ ·• 3. The averments in paragraph three (3) are admitted. 4o The averments in paragraph four (4) are admitted. s. The averments in paragraph.five {5) are denied in each and every particular. It is set out rather that the Will was signed in the presence of the scriviner in the case of the Will admitted to probate, and in the presence of two (2) witnesses as <' it relates to the previous .will. Rather it is set out that this ., Will was the signature of'the Decedent, Stella Connelly. 6~ The ~verments in paragraph six (6) are denied in each and every particular. Further, it is set out that whether or not the mental and physical condition were "greatly impaired by sickness and infirmity" (while denied) is o~ no consequence in determining her capability of disposing by Will of her Estate; further it is set out that.she was of sufficient mind and memory to make a proper disposition; further it is denied that there was any u~due influence, duress or ~onstraint p~acticed upon the said Decedent by Mary Rita Connelly or by Elizabeth Connelly or by any other persons.. Rather, it is set out that the Accountant and her entire lifetime Residual Heir, Mary Rita Connelly, lived/in the same home with the Decedent and was the natural object of her bounty. 7e The averments in paragraph 7 are denied but, even if ttue, these averments are not sufficient to require the granting 1.· "1 of an Issue nor do they preclude testamentary capacity. The Decedent did not have great difiiculty in remembering friends, .., .... ' • ~· -~ ~ :_ • • t-::'11 '!') relatives and fellow workers and even if she did, this would not ·I : be sufficient to raise an Issue; it is denied that she became r incapable of handling the books.of her Church organization and further it is set out that even if she had, this is not sufficient i ' i proof of testamentary incapa,ci ty as to require the granting of an .... Issue; even if true that there were times when she could not com- prebend that a sister had died and that a brother had died or did not recognize him, this does not go to testamentary capacity and the same is required to be proven in any event; it is denied that she was confused as to where she was, etc., and even if proven thi would not require .the granting of an Issue; further, it is denied that she was incapable of handling her own financial transactions, for several years, in yield to the wishes, desires and influence of Joseph connelly, Elizabe·th Connelly and Mary Rita Connelly. On the contrary, it is set out. that Olivia Foley, the Contestant, did a short time before the death of the Decedent take her to the Charleroi Federal Savings and Loan Association, falsely set out th~t the account book was lost and did have her own name placed on this account as a joint tenant with the Decedent. This action was late revoked by the Decedent after conference with Counsel. Further, the allegations as to the Power of Attorney, First National Bank, ,I charleroi, :Pennsylvan'ia, is immaterial to the Issue, concerned only a very small checking account, not the major savings account at the Charleroi ·Federal Savings and Loan Association, and was an evidence of the desires of the Decedent. Further, no subscribing witnesses are required on either a Will or a Power of Attorney. It is further, respectfully, set out that it is a practice of the part~cular scriviner not to use subscribing witnesses on Wills unless the Law requires. ---------------.r--- , WHEREFORE, the Defendant, the Accountant and Residual Heir, makes Answer and Prays that the Petition for an Issue, DeV.N , be refused for the reason that no substantial question of fact exists. AND SHE WILL EVER PRAY, ETC • • i . ,. " , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF WASHINGTON: PERSONALLY APPEARED before me, the undersigned auth- ority, MARY RITA CONNELLY, Defendant, who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing ANSWER TO PETITION FOR CITATION SUR APPEAL FROM REGISTER OF WILLS IN PROBATING WILL are true and correct to the best of her information, knowledge and belief. Sworn and ~ubscribed b'e£ore · nl.e o~ thi~.' J <9 t(, ;'/·¥:t7 _f{ 11r r ~ r 1~ '__,, ..... --- H z ~ ::0 \I) \I) ;:.:; t'--1 .. \I) H (f) ~ '"d !'W ··o 1) ~~ 01'1 t>t~wsvi (f) \I) ~ l I \ --~ . J_,; .1 0} .I. H (f) s· -l'J~ JQ w::q<:-l!)j·\0 tTl ~ l,i;. ,.J (,L.-<-,.VJ~ .at) t'--1 ~ ><: '11''r' T'-cSfUIPJ ~ H . Ot"' i\!t":J\fi .·l='~~. (fJ tTl H ll) -c:J 0. () ~ (J) ~ ~ 8 . 'l~f' nr, ~ or· t!d z H ~ !lrlt tTl ~ Hi t'--1 ~ $a 3, l j ... ~ ~ . : $ ... 5 l (f) "' H 0 ·pa6paTMOU~JB SL SUOL+Ja(qQ ~o aJ1A~as 'OL6T '6 A~BnUB! 'MON GNV 0H 'f)Z 2~~ Z1J(J)t'J1 0$ ::r: • HO 0\Bi ~ 0 w-·H§1 I OH ()\ () z \00 . 0 I §3 () "'j ,j:>. 0 1-'H C:::: () lJ1 z 0 t1H~ H><: <: ... 0 H Z (J)1:) H(Tj>,j ~~~ . (J) rc/cr 1 .. 3p 1/8/~6 :li .;1' -.• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF STELlA CONNELLY, Deceased. . . ) ) No. 63 -69 -415 PRELIMINARY OBJECTIONS TO RESPONDENT'S ANSWER TO PETITION FOR CITATION SUR APPEAL FROM PROBATE OF WILL AND NCW, January 9, 1970, the petitioner, OLIVIA E. .. FOLEY, by her attorney, Howard F. Carson, Esquire, comes and files ~Preliminary Objections to the Answer To Petition For Citation by the respondent, Mary Rita Connelly: MOTION TO STRIKE 1. Paragraphs 5, 6~and 7 are objectionable in that they do not comply with Pennsylvania Rules of Civil Procedure per- taining to preparation of pleadings in that they are improper or contain improper averments which fail to aver the material facts in a concise and summary manner, improperly include details of evidence, and are not responsive to the averments·in the Petition's like numbered paragraphs. 2. Paragraphs 5 and 7 are improper for they include averments which are not verified by the affidavit of the respondent and they are obviously matters limited to the knowledge of her Attorney, who did not join in the verification of the Answer. MOTION FOR A MORE SPECIFIC PLEADING 3. Paragraph 1 is objectionable in that it ±s not ~esponsive for it refers to matters not now before the Court, to wit:- a will which has not been offered for probate and which is alleged to have been prepared before the one which was offered for probate. 4. Paragraphs 5 and 6 are objectionable in that they are vague and not responsive for they refer to said alleged pre- viously prepared will which is not now before the Court. DEMURRER s. Paragraphs 6 and 7 are objectionable for they improperly include expressions or opinion and conclusions or law. I 6. Paragraphs.6 and 7 are objectionable for they are improper in tha~ they include matters or argument. WHEREFORE, petitioner prays the An"swer To Petition or the respondent be stricken and dismissed at the cost or the respondent, Mary Rita Connelly, as an individual. r Attorney for Petitioner Olivia E. Foley ~ ~ _,.j) ' I .1'' ' . ~~ ,,, ""'. " ... I .. ;~~, 4 \ "' ' 1lf h tfl ,, ' ("\. -, ~ ~ ~ --;---;-----. _.,..._-<;---· ... ," 03-~ cz-V6 - IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN'A. ORPHANS' COURT DIVISION No. 415 o£ 1969 IN RE: ESTATE OF STELLA CONNELLY, Deceased. ""t" ""'"""'~~-::.:,~ MOTI 0~< Tg REOPEN.: CONTgS,- ..,...... ~ ~-~-..... ~<.&; TANIS :rrAsE-: IN CBI EF-1'0 iF·...-cJY 0 -..... -'-" ~~·-•. SUPPLY:: OFFER ~:;:: > ·"'·' :;: :~-(.~) t.~ .. J :i '"":V';: 'l :!' ~:; n ~: 1 !.,) ! r 1 --i ;;.~,; ~---~h cJ-, T-----~:_ . ~,.. ~(> :c 'l ... ,.. g ~~ ~~: r-:-.c::: -oro l> (/) ~ :--.J (.IV <~-l ... •r..: 'I ~:T-c~m~?/ .. 91d~;r~-G'~~~~ ~~ 1\5022 ~ / / I )..:3-~Y 'vY 1 IN THE COURT OF COMMON PLEl\.S OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF ) STELlA CONNELLY, ) ) No. 415 of 1969 Deceased. MOTION TO REOPEN CONTESTANT'S CASE IN CHIEF TO SUPPLY OFFER And now, this 13th day of August, 1970, the Contestant, Olivia E. Foley, by her attorney, Howard F. Carson, moves for lea~e to reopen her case in chief to add on page 75 of the record of the hearing h~ld April 28, 1970, the following offer: " The contestant proposes to show by the witness, Dorothy Maund that in late 1965 or early 1966, a few weeks before Esther Connelly went to the hospital, in the presence of the Exe·cutrix, Mary Rita Connelly, Esther told Mrs. Maund that she was worried about Stella, because Stella was gettin~ so that she·couldn't remember anything, and that she was afraid to let Stella go to Church alone, because Stella would come out of the Church and wouldn1 t know which direc- tion to go in to go home. Esther also told her that "Stella didn't know what she had. Stella didn't know the way their set -up was. t1 " ! The foregoing motion is made for the following reasons: 1. The state of the record on page 75 is such that a proper revie~ and argument upon the ruling of the Court, in sustaining the objection of Attorney Costello, cannot now be made because of the absence of the ~roposed t~stimony in the offer. 2. The matters contained in the proposed offer would corroborate the testimony of Joseph L. Connell on page 45, of Mercedes Zeuger on page 81, and of Carl Balkey on page 87. 3. In the interest of a fair trial the proposed testimony should be made a matter of record. lt_~F.~ Howard F. Carson, Attorney for Olivia E. Foley ' ' ' . ' ., ... '; '· .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. IN RE: Estate of STE'~LA CONNELLY, Deceased. ORPHANS' COURT DNISION ( ) ( ) ( ) ( ORDER No. 415of1969 AND NOW, August~' 1970, the motion to reopen contestant''s case 'is refused;. an exception is noted to the contestant. '-. ' ~ , .., .'• ! .• }--.., I I ~; ~ • . .. ,, .. \. i ' . ; I' I 1) .. !, r AC\ ,.,, / { f;•. ' i' .... ? ~ L~ L__ '- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION No. 63 -69 -415 IN"' RE: ESTATE OF STELLA CONNELLY, Deceased. AFFIDAVIT .OF SERVICE BY MA.IL !E;'lJ >m::::J'J r.nmc: ::X:-(/) -(/) (/} z ~ rr1 r,_, m ,_ -1 :::0 ;...~ 0 • ...,..o --""Tf 3:: 0 .. ,. l> 0 ...¢;: ;;;J ; r=- ""0 17·~:· "!> .~o \ ~ ,., t:::l --... -::::~ r--' =· u::. rn 0 ""'T.J .... :::s: {J.1 --.J ~Y.-6~:.:1 '~~-G'~~~ ~~~~~ 15022 I ,~,~-L~'A~ •f '· ' • c;;-· ~ ' . 1 ... 1 1/8/10 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION IN RE: ESTATE OF STELlA CONNELLY, Deceased. ) ) ~ 63 -69 -415 AFFIDAVIT. OF W\.ILING COMMONWEALTH OF PENNSYLVi\NIA ) SS: COUNTY OF WASHINGTON ) Before me~ the undersigned authority in and for said County and St~te, personally appeared HOWARD F. CARSON, ESQUIRE, who being duly sworn according to law, deposes and says that he did cause a copy of the Citation, Decree and Order, and the Peti- tion annexed thereto in the above captioned proc~eding to be maile~ to the intestate heirs of Stella Connelly, deceased, listed in Paragraph 1 of said Petition, by Certified Mail; the Return Re- ceipts therefor are attached hereto on Exhibit "A". SWORN TO AND SUBSCRIBED before me this $)~ ~ay of January, 1970 • My Cotnmis:siori Expires: . ' ~ .-. ~ . ·_ · ._-··1 • · JEft1IT ROsrrrrJ:r~r NorMv. P·uaua . ; .~ e!:I.~RlEROI BORO WASHINGTON COUNTY . MY COMMiSSION EXPIRES MARCH 12, 197i Member Pennsylvania Assn. of Notaries ti1 X ::r' !-'• 0' 1-'• .-+ ~ = ~ -.'? ---f_ ' ,.,. • _,., ... +~ o. !,, --,... ,;_ 1 INSTRUCTIONS TO DELIVERING EMPLOYEE ' D Show to whom, date, and 0 Deliver ONLY addresS.· where delivered . _ to addressee (Additi01zal charges required /or these services) ~ t' I ",-:.. >\ \ F .. ·' 1 ! INSTRUCTIONS TO DELIVERING EMPLOYEE 0 Sho. w to whom, d~le, and D Delivor ONLY f., -, _, address where delivered to addressee . ~ (Additio11al charges req~tircd for these services) )d'7" RECEIPT RECEIPT :;-~i· L----==~ liEGISTEREO NO. r; J. ~ Ji ,. ! c55-l6-71548·10 OPO i ~~ . t Ill .... · t-. , .. -r ' l I A . . J " ···---.. -. -----. INSTRUCTIONS TO DELIVERING EMPLOYEE D Show.to wltom, date, and o· Deliver ONLY address where delivered to addressee (Additional charges required /or these ser~ices) RECEIPT REGISTERED NO. cSS-16-71548-10 OPO ·- INSTRUCTIONS TO DEUVE~G EMPLOYEE D S1iow to whom, daie, and 0 Deliver ONLY address whore delivered to addressee ( AdditiQtuzl t:hargl'.> reqrtired fnr these se.rtdces) RECEIPT article described below. REGISTERED NO. ' ~ I ·' l, ~ ·\ c.l5-16-71548-10 GPO ... "-_; ·) '" ~;r.;:· . ----.. NS TO DELIVERING EMPLOYEE 0 Show to whom, date, and D Deliver ONLY address where delivered to addressee (Additi01zal charxes required /or these RECEIPT Received the numbered article described below. REGISTERED NO. a.. SIGNATURE OR I-lAME OF AorRESSE~11JI always 6efilktl itl) .1 Yn ~-'Ll-~~ t SHOW WHERE DELIVERED (on/:; if req11estedj '\.· ;o cSS-16-71548·10 GPO _,___..._,.,._·~·..,..;'~· . -~·-----·--~ ~' .... ·····"·'~~~·: "" .t . ·,' . ' "'V' :·r~r~d IN~f.R·iicrroNs ro. oEuvERtNG EMP.ioYEE • .. o· Show to whom, date; and 0 Deliyec~.NLY "address where delivered to addressee (Ad4lfirmal charges reqrtiredfor these services) ~·~ RECEIPT Receit•t:d the numbered articl~ do~rribed below ------~-~-. REGIST<RED ND. -,-~ SI~URE DR NAME OF AOD~AI•u .Jw., hfi(lol 10J --:c.o \.'J"-'<...'lV......l • • • • •• • ·~ SIGNATURE OF SHOW,j_~HERE DELIVERED (only if req11estetl) .. ~ ~:~,> ... ~ 1 •r ·4 . ,.... ...... -~ '·"' . QSS-10-71548-10 .. ;,;;,... t1 ../ ' ~-' ~ ·~--~--""=- I • t:_ .\ ) . '··. '#-:· .t· \. •. Thf THE COURT OF COMMON PLEAS OF WASHlliGTON COUNTY 1 PENNA. ORPHANS' COURT DNTISION . ThfRE: Estate of No. 415 of 1969 STELLA CONNELLY 1 ( '} ( ) ( ) ( Deceased •. : .. • .. ,.~~. il ""~·~ ·~. Marino·, J. , • . • t t t._ AI i -·OPINION '. t· · .. ... r ·' ,. Febr~ary 15, t972.· ... -II. . . Stella Connelly, unmarried, died March 24, 1969, at the age of 79:. years •. Her last will was dated October 22, 1968. H.er sister, ; .J j • -f-. ~ ~ ~ . Olivia Foley, contests this will on the grounds of testamentary capacity, undue influence and forgery. As stated in .contestant 1s brief: rr ••• Stella had the reputation of being a very intellig:ent and capable woman. She was employed in various responsible positions in the pay-roll office of the plant11 which was the Corning Glass plant i~ Charleroi. Stella Connelly was a very devout practicing Catholic • . She retired from Corning about 1955, and continued to live in the old family homestead until her death. Other members of the family had lived there also, but in the end only her niece, Mary Rita Connelly, and Mary Rita's mother, Elizabeth Connelly, ·remained. Stella had shared the home with Elizabeth for about forty-four years. Contestant has introduced no evidence of forgery, and relies on proof of ~ack of testame·Qtary capacity. Her proof of undue influence. · on the part of Mary Rita Connelly (who is claimed to be in confidential ,.. . I 'l ., '-( ~·.. ~ ... ~ , ~ • r _ 4,t,.. t ~ ~ i \ ...... , .... . "· f relatio.nship) was quite f:agm~ntary. The court ruled during the testimony thal .. ,· • . ·I we ~oul~ n~t ,P.er~i~._suc.~ issue to be presented to a jury on the sligh~ and ·~ ' ... ' 6 : .... ' ...... insufficient evidence. introduced. We reaffirm that position. As to the . -·~ .. . .. . '.t confidential relcitionship of Mary Rita Connelly and thE) decedent, we hold that it did not extst. The testimony is plain that if there was any such relationship it was held by her father, Joseph Connelly, who died only a few weeks before the will was written. Hence, the only issue is that of testamentary capacity. Stella Connelly retired from Corning Glass about ~955. She was in fair health and continued to be for many years. She visited doctors -. occasionally, as anyone would, but sh"e was not disabled in any manner except ,, for her hands. They gave her much grief because of swelling due to arthritis or rheumatism. As is well known, there is no permanent cure for the condition, and the only help that c:an be afforded is temporary relief. . . . Contestant claims that Miss Connelly deteriorated mentally · as well as physically and that her mental retrogression had proceeded to the ' ' \ . point that she did not know what she was do.ing, and therefore was incapable . ' of making a valid will in October'of 1968. To put it bluntly, she was senile •. No medical testimony was offered by contestant; she· presented a medical· technician who had experience in treating hospital patients that-were diagnosed as being senile (by proper 'medical practitioners). We did not permit her testimony as to Stella Connelly's mental c·onditio~. Seven or eight'other witnesses were heard!. They saw the decedent a few times over a periqd of years. The effect of their testimony was that in .her later years she was"slipping" and was not as 11Sharp" as heretofore. Sometimes she was forgetful, and would lose personal items, such as her pur~e. All of these incidents; save one, were generally quite removed from the time of the makin of the will. -2- ., . -· . · Contestant relies principally on an occurrence. happening a few weeks·. before the occasion of drawi~g the will. Nearly all of the witness s testified that at the time of the death of Joseph Connelly, a brother, that decedent remarked .she did not know who it was lying in the coffin. Several ' ' others testified (or depo.sed) that decedent did not know or recognize them in 1966 when her sister Esther died • . It was shown that decedent arose early in the morning, ' and by afternoon she was inclined to doze quite a bit; she was not alert in " . conversation, did not play bingo 'well, and appeared to be insensitive to I present h~ppenings about her. ·on one occasion in church, she went to . confession several times, instead of only once as is the rule. There was, on the. other hand, considerable testi:r:nony that the testatrix throughout her lifetime was a forceful and strong-w~lled person, whose strong will persisted untH the time of her death • .-she was ambulatory at all times and her only marked disability was her arthritic hands. This had no effect on her mental capacity. Without any prodding from anyone (as far as this record shows}, .she knew, after th~ death of her brother Jos~ph, that she should_make a new will, he. having been nai?-ed a principal beneficiary in the 1966. will. Within a few weeks she went to her counsel's office to have the new ·will prepared on October 22, 1968 •. Incidentally, it is noted that the contestantl, Olivia Foley, was not named in-the 1966 will whereas she is bequeathed the . :) .. '·~ ... , • ·. ~ . : .... ~ ..''\> . ·!: . ' .. ···:·-,. ; •· .#.; . sum of $1000 in ·the.J. 96~ win:·.·.. · · . ,·: "· · ~ It is significant that decedent, in November 1968 made a I . ' .. ~ '\ ~ ~ .. ~· trip to Detfoit. to Visit he; niece, Evelyn Tac~oir. She travelled alone' oy bus, an.d,w ... as met" in Detroit by her niece, who testified at length: her aunt was "older and crabbier11 ; she attended Mass every day; she knew the childre, -3- ' \ . i ,.· ' .. .. •, ·' and members of the family. Evelyn told how her aunt always adored Mary Rita. She loved her like a daughter.· trEverything was Mary; Mary this and Mary that." Her testimony clearly signifies that everyone· recognized that . . Mary Rita was her aunt's favorite niece •. Evelyn was not named in lhe will, but she did not join in the contest thereof. · Both wills were d~awn by an attorney although not by the same attorney. ,In Ross's Will, 955 Pa. 112 (1946) it is said that the fact that the will was prepared by an attorney affords an inferen·c,e that .the will was . . . properly made by a person of testamentary capacity {citing Brennan's Est. . ' . ~ 312 Pa. 335 (1933}. See .also Campo Est., 23·D. & c. 2d 1 {1960). In King Estate, 369 Pa. 523 (1952} the Court said rr. • • forgetfulness and failure to remember names of· relatives is not enough. One ' ' . may be old, have loss of memory, be unable to :recognize acquainta~ces, and have a mind sufficiently sound to make a will. rr It was likewise stated in Faye Estate·, 163 Pa. Superior, Ct. '1 (1948), that evidence of forgetfulness an· f .... If",. ' ~~· ~' " . ,. • yveak1~~~ ot IT;erriory are not,·eniugh to pr:_ove incompetency or lack of \ testamentary capacity •. Bodily weakness alone' is not sufficient to s.hift the ·' ' burden pf proof:'· !Hoffman Will, ~;94 Pa. 391 (1959). · · ,._ ~ 1 • . '· .. ' ' Arte'riosclerasis is not senile· dementia. There is a wide ... v . . ' difference: Chylak Estate, 55 Lackawanna i29. Conjecture and suspicion are not undue influence: Hicks Est. 1\fo. 2, 51 Berks 86. Neither old age nor its infirmities, including untidy habits, partial loss of memory, inability to recognize acquaintan,ces, incoherent t .• ' speech and the like, will deprive a person of the right to dispose of his proper'y as he chooses, so long as it is not unlavvful. This hypothesis has been. affirmed in countless cases from early times down to very recent decisions. To cite even a fraction of these would unduly lengthen this opinion. -4-'·. We should make reference to one other matter. The contestant, Olivia Foley, admitted that, at about the time of the will or shortl thereafter, she took Stella Connelly to ·a bank or savings and loan association •. ~ ·; ~ in Charleroi; at].d h,ad an ag~ount1 changed to include her name together with \ ,' ~f. -ir· -" f . . 0 ., ~ '' ! • r '\' II. : t r ~· • ll • • • ' : ~ -~ ! • ' ' • '111 • I • _,. ' that'of·ctecedent-in'a joint acco_uht vJitb/right'of survivorship. This requir~d Stelia, a~ong other things, to· stgn a new signature card for the account. I . I ' These facts are somewhat similar· to those in Fisher Will, 10 Fip~1J:}ep. 577, :aff~r~e~ by the Supreme Cour~ at 403 Pa. 612 (1961). Ther . ' the contestant and her witnesse::; admitted receiving gifts duri.ng the period of time they claimed the testator lacked testamentary capacity; it was held that such conduct materially affected and weakened the probative weight of their testimony. We believe the same rule applies in, the case of Olivia Foley. It is evident to this court, after a review of all the evidenc (including that adduced by the depositions of certain witnesses) that it falls far short of proving that a substantial dispute exists in the mat.ters at issue. Hence, a jury trial is refused and the petition dismissed. .... -5- 1?' ,, ,,, . c· ,• \, r, ' ''· ~~ "-- :j j I 1 _,l / 1.· I ( }' i ~ ~ ·~ ,. ·~",~ IN THE COURT OF COMMON PLEAS OF WASH·IN~ON • COONTYf PA • ORPHANS, .. COBRT DIV SION NO. 415 o:f 1969 IN RE: THE ESTATE OF STELLA CONNELLY, DECEASED RECEIPT . AND DISCHARGE .JOHN E. COSTELLO COUNSELLOR A'T LAW :1~ 418 WASHINGTON AVENUE CHARLER,OI,· PA. PHONE 483-5961 ,;' i .• J -.. IN THE COURT OF COMMON PLEAS OF WASHINGTON COONTY, PENNSYLVANIA ORPHANS' COORT DIVISION IN RE: THE ESTATE OF STELLA CONNELLY, DECEASED NOGI 415 of 1969 RECEIPT· AND DISCHARGE AND NOW, this ~day of March, 1972 I, Olivia Foley, do hereby acknowledge to have received from. Mary Rita Connelly, Executrix of the Last Will and Testament of Stella Connelly, deceased the sum of one thousand and no/100 Dollars ($1,000.00} all as per the terms of the said Last Will and Tes~ament of Stella Connelly, deceased. I hereby receipt for the same and acknowledge pay- ment in accordance with the terms of the said Will. INTENDING to be legally bound hereby, I have hereunto set my hand and seal this~,) day of March, 1972. (SEAL) Jn t4t ®rp~ansf <ttnurt nf llasqingtlln atnuntg In the matter of the Audit .of Account in ~i Estate of .... ~-~····· NO ........................................... Term, 19 .......... , A.A. 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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. Counsel suggesting proper distribution shall file a separate concise statement in. that re¥ard. L ~~ '1-~~~9 ...... , A.A. No ............. , ................... _ .. , In re Audit of Account in Estate of ············· 1 LLJ2Ii 1 ~-~~····._····-.. ·-·····-·-~·············· A UDI'I' Jrarript for i\ppruranr.r FOR ................... ~ .................... . 91 ..... ~~~ ..... ... ; ......... V~-~ Attorney ROSCOE ~,, LEDGER ,J PETITION SUR AUDIT Testate Form J IN THE ORPHANS' COURT OF WASHINGTON COUN,TY ~'· ·'. Estate of ............. §.~~-~1-A.~Q~~~~X. ........................... . No ...... 9.~_:-:f?.~.::~.L~----···································· Fiduciary ... r11WY. .. R.J.'XA .. .<;.Q~R:m.~~X. .................. . Deceased ~~~ ~~~ Decedent's death ....... ~~~-~!; ... ?.~.~...J~.?.2 ........................ Grant of Letters ..... !'1.~~-~-h .. }.~_, ___ J2.9.9. .......................... . This is the ... ..f~E.~~---~-~9 .. Xi.~~-~---··································account filed in this estate If there have been former accounts filed in this estate, list file number or number and term ................................... . .................... ~QP.-.'?. .. .P.f§_~};._g~-~-~Y. ... t.~~§.¢! ................................................................................................................... . Election to take Date Election Place of; Under or ~will. (cross out one) Filed -~~~---····················· Record ... ~Q~---·············· Name of surviving spouse ...... NQNE ............................................................................................................................... . List issue, where material: NONE Did decedent marry after execution of will? (indicate)~ No. Any children born after execution of will? (indicate) ~-No. If answer yes, name them ................................................................................................................................. . ............................................................................................................................................................................................................................................................................................................................ ..... .: ..... --·------------ Legatees Relationship Interest Fiduciary, if deceased or not sui juris Olivia Foley Sister $1,000.00 Sui Juris Mary Rita Connelly Niece Realty plus Residual Estate _Sui Juris List, if exceptions to above: Adeemed: Revoked: Lapsed: Abated: Give Cause: No Exceptions 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. I)(OC If any exception give cause: ............................................. . File copy of Notice and date of mailing .................................... , ..................................................................................................................... . •t, l.::-·cc ___ _ Is estate subject to the fil.ing of a Federal Estate Tax Return? ....... ~.?. ................. :· .. , ...... ~ .............. --:: ..... :.: .... ::-.-:-.:.: ........... . Actual payment made on Pennsylvania Transfer Inheritance Tax. Amount $.4.,J-.?..4.~.~.9.. .. .C19.1:.9.l .. .Q~~-9J.t .... .. $4,341e43) If the Will makes any portion 0f estate subject to a life-estate, give name and birth date of life tenant.. ................... .. .................................................................................. ~~.!: .. ~PP.!.:!-.~~_1?.~.~---·--···--·--·----··········--······--········-···---·····--········-· Give Names and addresses of all unpaid creditors who ore legally entitled to notice, tog.ether with the amounts of such claims; state whether they are admitted to be correct; and whether the claim is denied. None 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: $. ~.?. .t.! ;l;_Q,..)'} __ ••........• None Total additional debits (Add) $ None --. -··---------------·-·-··---------- Itemize any additional credits not shown by account: Total additional credits (Subtract) $ None ' ---------------·-·-------------·---- Balance for distribution $.~?.)..~}.9..~T?. ............ . If balance for distribution is not in cash, list each item held in kind, giving appraised Value (or distribution Val'ue); \.., \ $12,000~00 Realty situate at 717 McKean Avenue, Charleroi, Washington County, Pennsylvania 15,110e73 .Cash -....J ~-... , j .. If F ·r E · 1 · d b p · · · 1 f R d· Not Claimed am1 y xempt1on c a1me y et1t1on, g1ve pace o ecor ................................................................................... . IfF ·r E t' · 1 · d t d't · 1 · h' d b · f Cl · Not Claimed am1 y xemp 1on IS c a1me a au 1 , g1ve name, re at1ons 1p an as1s or a1m: ............................................... . List any advancement or distribution on account that has been made, and nature and amount of same: . None 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: $1,000.00 to Olivia Foley Advanced to her March 4, 1972 Balance to Mary Rita Connelly, Residual Legatee COUNTY OF WASHINGTON, SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or representative thereof, being duly ..... ;?:WQX'.n ..................... doth depose and say that the facts set forth in the foregoing petition are true to the best of.. ......... !:J:'?.f ............. knowledge and belief . .................... ?.~Y.9..~~ ................. to and subscribed before me th;, _____ ;!~-~c! .. day af ______ _l.j';l)! __________ ~---- Signature of Officer{lJ;J/)bJ..~ ............................ . Title of Officer .......... NQ~-~f~:-:.f.~J?-~~-~-----------------------' · octo&er-27 1975 Office explres ................ \.:···········'··--·;..·l ............................ . v'' CAROLE ANN REHULA, Notary l'ublic Charleroi, Washington Co., Pa. My Commiission Expires October 27, 1975 And your petitioner wiill ever pray, etc. ;\ I ...; .. j• No ...... la .. 5.:::: ... , ... /..~ .. ld..kL ...... . Estate of ..... ~-~~-~~:. CONNELLY . -----....................... --................................ . Deceased Fiduciary ... MARY ... Rll'A .. C.ONNELLY. .......... . 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 appra.isement. 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. """! \ l ~ "-~,/_._ I 1 1 v .... _ 1/ ~' _ . ...., -/ / I "" ~ '-;.) ! -::~~ ~· 'l1 ~o~ ~:;"". I>, --.., :::: ,; ... ,' ~-· ~ '1 \\-' . 0 .::.:-' l ' f...'--'\ 4. ...... ...._·I r "\~ .. k,~;~~=============.\==·· ====~j~- IN THE COUR.T OF 90MMON PLEAS:,.OF WASHINGTON COUNTY, PENNA . -,, " ., • ,_ IN RE: ESTATE OF_- ORPHANS ' COUR';f DIVISION ) ) '' ' I . . ., ' .. " . ) . ) No. 415 .of !'969 STELLA CONNELLY, , ) ' . ... ' .. o( z ·. ~ Deceased. .. .J >-'Ill -z z Ill II. z 0 ,• t-• ~BEFORE:' 'J: {I) o( ~- ' ,.: -. u -. . i APPEAR.·ANCES: t--' • en '" • -Q ..1--o(- u· 0' . ~-TIME:' :t 1--... N IIi 0: ' ~- ~ THE COURT:· 0 0,.. ·' .. - _I ,.) •· ... ) .-I, HEARING ON AUDIT .. ~. -. •; - · ... • THE HONORABLE P. VINCENT MARINO, :P'resident Judge of the saia Court. .. 'JOHN E. COSTELLO, ESQ-!, of Ch8.rleroi, Pa., representing the Accountant. · ... ;: '- HOWARD F. CARSON, ESQ .•. ~·of ,Charleroi, Pa . , representing an appellant. Monday, December 8, 1969, at 1:30 o'clo.ck- P. M~. EST. . . ,. ·. Number 415 of 1969, the,estate of St_ella Connelly, . . . . ' Ill a:· t-o: :J 0 u deceased. The Execu.tr~x ~s Mary Rita Con~e~ly and the attorney is . -I ,' • -'t I }_ j ~ ' ·~' ; • ' '", ..1 o( -u •. ii: II. 0 John E. ·costello. Mr.-Costello?; 1 ,.,. • ; i ·-' '-r . ..~_· ' 't-I' • "" .. \, : ~~;.,.. .t ,;.r .~ .. _-, MR. COSTELLO:·-, ~ • 4 • •• If Your ~_orior please, th;s,is a matter where we ' .. had filed an ac_c~u.nt and-su.bsequ.e.nt thereto; Mr.~. C}:irson'•filed vario~.s lr ' • \ •• ~ •. : ~ ~I il ~.:.-iy. ~ .• l ; ,. 1 I ·' ple~dings which would lead to his seeking an is~u.e d.v. n. W.e•-r.epor . , •. ·"' ' \ , ;~.· \ • ;~ ~ I • • -:--• .• • • ' ~ .._ ~ # l .~: • • . ' ~ f . -. to you. at ~hi~ time that except .for that d~termination_, there are . ' no· outstanding claims •. AU creditors to our knowledge have been pa· d and ordinary 'administration has been completed. We have still '-considerable time before we are required to have filed our answer ·,I . ·.- ~ .. ~~·=====*==~====================================~ .. ~~2== '• • ' e-· •' ~ z -< ~ )o Ul Z· z lal a. i 0 .... . ' .. to his plead~ngs and the answers will be filed.'in du.e cou-rse, after'. which we would ask ¥0J1r H~nor for a preliminary· heai-i:ng in the matter. . -. ~ .. . ' ' . We do have one matter here that .~n:ay be con- ~ ... L • • sidered ·at this time,'' and that is the object,ions· t~. the Inventory and . ' ' ~ .. . Appraisemen~,as filed. This was :lnte_rposed by Mr.. ~Carson~ .. and of course1 he has a motion for continuanc~ of the· audit'"of _this accou t~ which must nece-ssarily --develop. · -~ .MR. COSTELLO: · :t· We_ would trust. Your _Ho'nor~ they could ·both r• • -~-• • .1" \ 'UI -< ~ .be disposed of at the sa~e time. I believe t_hey c~n~ •readily. . ''t : .... ..: 0 a: MR. CARSON: I'd like to stipulate with Mr. C6s_tello .on that ... Ul a .J '< particular statement • ' -'· " 0 a ~ THE COURT: What ar.e you going.,to stipu-8.te · o·n?': : • '; • ~·~ .• 1 • #' •. './ /\ (. • · !.'11 -~-X ... " . ... • "'· 1-; '• ...... ~ • -...... . ... -~ .. ' _-... "' ... N MR. CARSON:. I ain 'agreeing~ -Your Hon~r. ~Qf cotrs~. subject' ui It lal ... It 0 a. lal a: ... It . :;l- ei ·o .J < 0 .iL II. 0' .,_ . to the Court's approval~ I think these matters c_ould p.e all disposed -- ' • · 1 -I , 1 , of at the same time. I suspect _that rna:>:;~ the ~~1~ thing. M~. C~stell 't-·'t . . ~ ~ . _and I may be in agreement. onduring the course 'Of this litigation: (At the direction of ·the Cou.rt,, off-the-record discu'ssion wa's not -· recorded by the stenogr:apher). THE COURT: We should call at this time to ~ee ~he'ther there are any oth:er matters that" should.be developed in this estate. : Is •. there anyone el.se in Court at this time intereste·C! in the estat_e of . ' .- Stella ·Connelly~ deceased? . ' ., +" .· ( NO RESPONSE)_ 1', t' . . . . " I . ,.• THE COURT: . ' . -. '' ~ ~-~ ':···'k< ' • . ·-.... -t . . ~ Jj t ~ \ • There .'being rio answer,· .;{e" can "~continu:e the{audi~ of this account indefinitely to. awa~t only the outcqme of the appeal . ·• . -. ~ . ''taken by Mr. Carson's clieat for the is'sue d. v. n.· . · • ' -t ... • . MR ~-CARSON: . · .. And the. matter' of the, objections to'the Inverito.ry . THE COURT:. Th.at's·iricluded in it. .· ' :!: z (AUDIT CONTINUED.) ~· ' -. · . ..J ·i:i ' z z Ill II. i 0 ... .,. C) ~ :r: VI <( ~ \ ..: u 0: ... VI •, c . ..J ~ ~ c :I ... X 1-,.. N IIi 0: ~ · I hereby' certify that the pr~ceedtngs and evidence. are-con,. 0 ~ .. ~ ~ tained ·fully and acc~ratc::ly in the notes . taken by ·me on the-he~ing 9f the . 0: . ' . . - :I • . 0 . . . . u above cause~ and that this copy is a .. correct transcript of the same. · ~ . . -. . . . _·)I . ~ ' . . _ . • ~ . . -~Will/~-~ o : -Ofti<·':Sl 8'\ lnographer The tor.ego~ngrecu~d of tl e pro'ceedtnis u~n-the hearing of th~ above caus~ ~s ll~r:eby .. approved and directed to be fil~d: .• ·-. ' RE: ESTATE. OF STELLA CONNELLY, Deceased. . (. L ,. "'· ., .. ,· , ... > ,. .. ,', ... ,,,r I '1'' ·,,' IN THE COURT OF COMMON PLEAS OF 'WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF STELLA CONNELLY, NO. 63 -69 -415 Deceased6 ; . BRIEF ON BEHALF OF THE PROPONENT 0~ THE WILL JOHN E. COSTELLO, Esquire Attorney at Law 418 washington Avenue Charleroi, Pennsylvania 15022 .· IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF STELLA CONNELLY, NO. 63 -69 -415 Deceased. HISTORY OF THE CASE STELLA CONNELLY, a resident of the Borough of Charleroi, Washington County, Pennsylvania, died March 24, 1969, and her Will dated October 22, 1968, was duly admitted to probate by the Register of Wills of-Washington County, Pennsylvania, on March 28, 1969~ On October 23, 1969,. Olivia E~ Foley filed a Petition for . . t • .. • Citation for Appeal, from that probate. The Executrix named in the Will filed her Answer to that Petition, whereupon the Petitioner, Olivia E. Foley, £iled what was captioned "Preliminary Objections", but which were, specifically (A) a "motion to strike" paragraphs 5, 6 and 7 of the Answer; (B) a motion for more specific Pleading as to paragraphs 1, 5 and 6 of the Answer; and (C) a Demurrer as to paragraphs 6 and 7 on the basis that they were "argument" and a "Conclusion of Law"~ The matter is thus before the Court. I S S U E le Does the Petition set out such facts and circumstanc~s as to require the Court to conduct a preliminary hearing on the matter? The Proponent answers "No". 2. Are the Preliminary Objections to Prop~nent's answer well taken? The Proponent answers "No". f' • ,. • .. ·, r .. ARGUMENT 1. The Motion to Strike The Petitioner argues that paragraphs s, 6 and 7 of the Answer do not aver mater±a1. facts in a concise and summary form, bu what was the Answer of paragraph 5? It denied the averments of th~ Petitioner in•every particular, then adds that the Will in questio1 was signed in the presence of the scr:iV.ener. Is that not rna terial? Could it be more concise? It then added that the decedent's prior Will (referred to in paragraph 1 and eisewhere in the Answer) had been signed in the presenCE' of two subscribing witnesses. This is certainly concisely stated. Further, it is material for the Petitioner alleged the decedent was incompetent. for a considerable pericd prior to her death, and the Will to which reference was mada, drawn by another scrivener :• was drawn some months .earlier to the one in question; is substantially in the same form and reflects th~ opinion of another lawyer that the decedent was competent to make a Will The Petitioner seeks to strike paragraph 6 of the Answer · saying the Proponent of theWill cannot properly say that the decedent was of sufficient mind and memory to make·a proper dis- position, meantime,h~ving alleged in her own Petition that the Petitioner was not of sufficient mind, etc. Additionally, the ' . . Petitioner is not hurt by the statement that whether or not the Il!ental and phys.ical condition (of the Testatrix) were "greatly . ' impaired • •• ; is of no consequence''• It is certainly also materi~l to set out that the Proponent of the Will had lived her entire lifetime in the same house with the decedent~ ,.,. .. :;; The Pet;i.tio.ner~ objections ~o paragraph-1 are even more vaguee Each of the items pleaded by the Petitioner were answered ~ and if the answer sets out ,evidentiary matters, it does so only because the Petition'contained them, and because the Proponent wants to get at the real issues at the earliest possible time. can the Pe.ti tione;r who claims incompetency and undue influence, etc~o, shtink from that position of paragraph 7 which points out that she took tre decedent to ·the decedent's bank, shortly before her death and had her (Petitioner) name placed on the savings account book? . ' . ~ ,. , , . . It'is to be noted that on a motion to strike a pleading all of.the facts·~l~ ged therein are taken as true for the purpose of·the objection: Spitzer v. Smith, 47 Lack Jure 181. It has been also held, repeatedly, that the Court should not strike off a pleading where the error is of such a nature that the adverse part is not harmed or prejudiced by it. Lynch v0 Walfinger, 163 Pa$ Super e 405, 62 A 2d 95$ When the movir1_g pa:rty is guilty of the. same breach of the rules as the adverse party, the pleading of the latter will not be stricken upon objection, Piledggi v., Blight, 53 t: uzer\e 1 SQ • 2. The Motion for a More Specific Pleading The Petitioner wants paragraphs I, 5 and 6 of the Answer made more specific., How can they be more specific? Paragraph 1 o the Answer admits the residence of the decedent; admits the relati n- ship as set out, then denies the materiality of the relationship because of an earlier Will of Miss Connelly., Briefly put, even if the Will in question is s•:=t aside the earlier Will would be offere( for probate and the Intestate Law would not be operativev How muc more specific could paragraph 5 be? The Petitioner and her Counse know that Counsel for Proponent was the scriviner of the Will in question. Proponent says the Will was signed in his presencee -.. Paragraph 6 says that decedent and Proponent lived in the same house for the entire life of Proponent. Could that be more specific? ' ' i'here.is some autho:rity which would indicate that the standard to guide the Court in di+ecting.the filing of a more specific pleadir~ -. is that the adverse party lacks knowledge of those details not pleaded. Vol. 2 Andersons "Pennsylvania Civil Practice" -pp 489., 3. On the Matter of the Demurrer The Petitioner purports to demur.as to paragraphs 6 and 7 because they "include expressions of opinion and conclusions of law" and "they include matters o:f argument", The Demurrer admits as true, the facts set forth in the opposing pleading. Anders,ons "Pennsylvania Civil Practice" .- pp 500. It admits every properly pleaded, material, relevent. fact, every inference fairly deducible and all facts of which the court may take judicial notice, See Anderson, pp 504, and·cases there citede Paragraph 6 of the Answer denied that the Testatrix's condition was "greatly impaired, etc.,", added that she was of sufficient mind and'memory, denied undue influence and set out the living together for Proponent's lifetime. Paragraph 7 denied the averments in the Petition, bu~ pointed out their immateriality in any event. It added the Petitioner's activities with regard to decedent's bank accounts" If the Petitioner demurs, she_ admits these activities on her p,:\rt, a strange behavior by someone who says the Testatrix did not have capacity to make a Will, but who would by her conduct, have us believe that the same person had capacity to make important changes in her bank account. 4. The Petition Itself A Petition to revoke the probate of a Will is insufficie t where there are only naked averments of the lack of testementary capacity and undue influence, but the facts conplained of, the circumstances and the facts which will support the charges are completely wanting. Carty's Estate, 90 P. L* Je 552; Schaefer Estate, 47 Dauphin 194; Remick, Vol~ 1 pp 158 # 4*08e A Petition on Appeal from Probate must aver in a concise and brief manner, the facts and circumstances upon which the averments are based., Thompsons WiTL, 416 Pa .. 249., The Petition must aver facts; allegations of undue influence, etc .. , without supporting facts are insufficient.. Millers Will, 25 D & c 2d .. 617 .. Specific facts as to lack of capacity and undue influence mu t be plead., Townsend Will #1, ·o. C., Montgomery, 16 Fiduc .. Repe 237 .. ·Alcurosry review of the Petition will reveal that the tests pave not been pa~sed., Nowhere are a11y facts set out which .. . wouid·support·the charges., ij-• ./... ~ ~~ ~ . · ~REFQRE, the Prayer of the Answer should be granted and the Petition for an issue D. v. N., be refused., Respectfully submitted, ttorney for Proponent . , .. . .. 'l 1 3p . 4/7/70 • • ,· IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. ORPHANS' COURT DIVISION This is an appeal from the admitting to probate of· an ,alleged will of Stella Connelly, dated October 22, 1968, by the Register of Wills of Washington County, Pennsylvania, on March 28, 1969. On October 27, 1969, Olivia E. Foley filed her later duly !perfected appeal from the decree of the Register admittin~ the sa~l \alleged will to probate and she filed a pet~~ion for citation sur I appeal with this Court on November 2 6, 1969. On December 20, 1969,1 ' !Mary Rita Connelly, the Executrix named in said will filed her .I . \!answer to the petition for citation; and on January 9, 1970, the ljpeti tioner filed preliminary objections to the answer in the form lof a motion to strike, a motio~ for a more specific pleadi~g, and Ia demurrer. The issue of these preliminary objections is now be- fore the Court. HISTORY PERSONAL HISTORY OF DECEDENT Stella Connelly, an unmarried spinster, 79 years of age, died ~arch 24, 1969. She was a resident of Charleroi at the time of her death, though she had been in. the Haven Crest Rest Home for several weeks prior thereto. She and her family had resided in Charleroi for many many years. Her parents had had six children: Olivia E. Connelly Foley, the herein petitioner, appellant and .. · ( -. ' . : .~ ~ ! .~ .. ~ ~; • I (' ' '. ~ ,' ~-. - j· ~-. ' :- '. .. ''' .. • I < . , ' ' .c ' •I ,. . .. . •, -~ . ·- ~ ' ~ ,• .t ' .. ' ' ' l":, ... t I .. , l '' .,,IF' .,., ... 1 '· .. ,1. .. ! . ~ j . ' . ' . ... . . -·· '".: '[ ' , . ., . ) .. . . ' . ' objector; Charles Connelly, a predeceased I • ··~o.. .. father of -the Executrix; f I, l-of the decedent. ,. ' . ~- , . ·' ~ very-_ intelligent ~ •. t."" .. • I l. I ' "'t ~ <I • t , -·:· . '. responsible ' '-I • • " \' ~ ·~ ... ' .; • '\ •t f ., ., ., ' .. ,t -~ ~ .. . . '-· •, ·,. i - ,.' t •. '-"'""'" •• ,· ~ mentally with this i'nactiv'i ty·~:;~ ~It . : ~ ' ·• ~ ment, she began to deteriorate .,, ..... ~.. . ' .,, '.- -' J' is the· contention of your appellant that Stella 1 s ll!ental c::apa<?_ity ~ ' :···.t, ·.~~: ~ capacity_ ; · .. -;..:1. ~ lhad so decreased by 1968that she did not· then have the. ~ to make a valid' will, and your appellant contends·. that ·.she.:i~~--~-1~--:.k~~~~ . -~ •, ·, . .. ( ~-· _.. ,. --~ J . have the opportunity of presenting appropriate' -~estim~ny to~ ~~-)j,u~y r -~--~I ' . ' . ~-:·~: ' ,,.,~ ~·~ : . . " ~ . -._·_-_<->~ :~-"· _:· r -/. ..... ''")_ ·~ ' ~"¥· ~·""~11 (. . ' '. '1 ·~J HISTORY 0~ THIS LITIGATION.,:~:' ,,' ... ~· :\}~ . ·~\: d '~ ·_,,.~~ft.+ ~~. ~• ; '" !~ ·.-:i !'·._·· .. ,.; f '~ J."L '\ , "\ Following the death of Joseph Connelly in O~t~ber :o~':.r"9'6~·;l·:: • to determine-the validity of.the will. "-\' I : . ' "'1 .... .L .. ~' ·, ... ~ j-' .. '--~-,• ·-. '' 2 ,•! I ~J ' ... ~~ ':.:1 '1 i!. t', ~ . ·~;! f.i " • .J '.) I·~ i !1 ' ' i 'l .. 'l I I ) ·II -------, ,, ,, ,I il j, 'I .I II I iaffairs, Olivia Foley consulted with Attorney Howard F. Carson ,!regarding the situation. She had communications with Attorney ,, ~~John E. Costello who represented the family of Joseph Connelly. It 1lwas during this period that the alleged wi 11 of October 22, 1968, 11 .1 11was supposed to have been made by the decedent. ! I Following the death o£ the decedent, Attorney Carson informj led Attorney Costello of Mrs. Foley's intention to attack said will I i ! ion the grounds of forgery and/or undue influence. Mr. Costello j I I was told of the report of M. A. Nernberg' a recognized handwriting r 1 expert, that the will was a forgery. Under Rules of Civil Proce- 1 !dure, Mr. Costello was notified of the taking of the depositions l llo£ thirteen persons in addition to that o£ Mrs. Foley, beginning ljon November 4, 1969. On that date, and at a continuation thereof, II l lldeposi tions of twelve persons were taken; Attorney Costello was ~~present on these occasions. It was £ollowi ng these deposi ti.ons ~~that the appeal was formally taken on November 26, 1969. I !, ARGUMENT I l I l I I I' il il II The issues now before the Court are threefold: ilanswer of the respondent, Mary Rita Connelly, be stricken I should the I I as being! I !improper under the Rules of Civil Procedure; should Mary Rita I I ii rconnelly be required to file a more specific Lith such Rules o£ Civil Procedure; and should the answer be pleading in compliancJ I · k · ff · · b h b · jstrlc en as 1nsu 1c1ent y t e 0 ]ector's demurrer? I II ·I Olivia E. Foley contends that all of these issues should I I ' I lbe answered in the affirmative. I ISSUE NO. 1 -MOTION TO STRIKE lerned by the Supreme Court Orphans' Court Rules and local rules of 1 I I Partridge-Remick ,. Vol 1, page 162 says "Pleadings are gov- I I 3 j t, \:1 t 1 ~;; .• !'' ~ "i' ~i! !Jc 5§ ',.t -t~ ·~ .. ! ·:t )l ,I ·~ ~ '• " .n ;l .: • ~ :i ~ 'l l ~ ·~ : ~ i ., I ' t ' I il ~ . ) ' :I .I ~~Court, which must be strictly adhered to, for they have been de- ll signed to simplify and expedite the proceed± ng ..............•.. " l(underscoring supplied.) Section 3: Rule 1, provides that plead-~ l l ing and practice shall conform to the pleading and practice in lequi ty in the local Court of Common Pleas. Rule of Civil Procedurei No. l019(a) says: "The material facts on which a cause of action 1 ~or defense is based shall be stated in a concise and summary form. ~(Underscoring supplied.) I ll 1 I! Paragraphs 5, 6 and 7 are therefore objectionable far they I ~~improperly contain averments which do not aver material £acts in a I concise and summaryform. I II . . :ta1ls of ev1dence and are I I ;graphs in the petition. i These averments improperly include de-j not responsive to like numbered para-l The allegation that "the will was t s'igned ·I lin the presence of the scriviner" is not properly verified by oathj I l: ! 1As the"previous will" is not at issue the inclusion of this alle- 1 gation is objectionable, for it is surplusage, immaterial and ljirrelevant. j: il Paragraph 6 impropeTly se-ts forth matters of argument when !:it says "whether or not the mental and physical condition were !!, !!'greatly impaired by sickness and infirmity' (while denied) is of I 11no consequence in determining her capability of disposing by Will liof her Estate." ~arne Paragraph 6 improperly concludes I. 1 1 that . . I "she was of sufficient mind and memory to make a proper dis- ' 1posi tion." i Such conclusions, be it a conclusion of ·law, or one of\ !lfact, are not proper·matters to be pleaded. II I The last sentence of 1 l!the Paragraph 6 is objectionable for it is not responsive, it · I! ! .pleads evidence, and concludes that Mary Rita was the "natural I I rObjeCt 11 Of the de-cedent IS bounty I Paragraph 7 is objectionable in that it contains many con- !klusions, it is argumentative, it is not concise, it pleads new II I I ·I I i 4 I l I ! I 1 ! j , I 1 i j . I l I 'l 1 I 1 I 1 I -------------------.---,-------------------. .11 ' I matter, and it contains matters not properly verified by oath. I~ II the answer is allowed to stand, the objector will be harmed there- by, for an unreasonable burden will be placed upon her to answer j all the evidentiary averments contained therein. l I II I! ,, 11 en; For these reasons, Paragraphs 5, 6 and 7 should be stridi indeed, for these reasons the entire answer should be strick- l I en. ISSUE NO. 2 -MOTION FOR A MORE SPECIFIC PLEADING Paragraph 1 refers to matters not now before the Court when it refers to a will which has not been offered for probate 1 and which would be a nullity, since it is alleged to have been 11 prepared before· the one which was offered for probate, because if · 1 the instant will is valid then the earlier will would have been revoked by the provisions of Paragraph 1 of the *ill purported to I 1 have been executed on October 22, 1968. When and if said earlier 1! will is offered for probate, then the issue of the validity of II that will can be tested, bli t, now is not the time to impose this ~~~ duty upon the Court. II -'I refer to said alleged previously prepared will which is not now Paragraphs 5 and 6 are vague and not responsive for they I before the Court, as just pointed out in the paragraph above. ! 1 en. For these reasons, Paragraphs 1, 5 and 6 should be strickj I I 'I 'I I I cient II ISSUE NO. 3 -DEMURRER The Courts have long held that pleadings must be suffi- I of themselves for their intended purposes, and that where 1 !I they were insufficient the proper practice is the use of a I demllll:B r :. I I The equity rules restore the demurrer to equity practice. See: ff Anderson Pa.Civ.Prac. (1970 Pocket Supp.-98) I I I l I Anderson in the same Supplement points out that while I II on demurrer the facts pleaded by the adverse party must be ass~m~d~ to be true (p. 99) a demurrer does not admit expressions of op1n10n1 ~ II l l 5 J iJ ! . I i ~ ., ! I ' I 1 J ; 'I ' ,I I I I " ,, j1 nor does it admit argumentative allegations. ,J (p. 101) Paragraph I. 11 6 expresses the opinion that it would be of no consequence to 1! determining the decedent's testamentary capacity if the decedent's !I I! mental and physical condition were greatly impaired by sickness I ! and infirmity. This is both an opinion and a conclusion. The I obiector contends that both the opinion and the conclusion are 1n I -. 11 error, and, further, the objector contends that such matters are II jprohibited from being pleaded by Pa. R. C. P. 1019. Ironically, wished to raise a question of law, the I 1!1 if Mary Rita Connelly l1 proper practice would have been to file a demurrer. I, See: Anderson! I 1970 Supplement, Supra, on page 99, where this issue was deter- ! mined in REICHBAtM'S ESTATE, 33 Northampton 144. I I Because· Paragraphs 6 and 7 thus contain expressions of l opinion, thereby engaging in argument in I . . d 1 not respons1ve as requ1re by Pa. R. C. P. No. 1029, and because the pleadings, they are I I II they improperly attempt to raise questions of law these ji should be stricken. I para,graphsl ,, CONCLUSION If the Court sustains the objector's positions on Para- ·jlgraphs 1, 5, 6 and 7, and as the purported executrix admitted the ,, !averments of Paragraphs 2, 3 and 4 of the petition, there are now !no issues before the Court, hence the appeal should be sustained land the grant o$ letters to Mary Rita Connelly revoked, thereby allowing the Estate of Stella Connelly to be distributed under !the Intestate Act. 1l II I ~~April 8, 1970 I! II ll I I Respectfully submitted, 6 Howard F. Carson, Attorney for Olivia E. Foley Appellant and Objector I ~. ·~- "~~ --q ~ .. ..:-~ ''"('- \ 'p-:- .J' \ .... ! '\: . .., .~ t-~. ·r- ~r ·i / J -:; / J. ·~ ·.:' -t"' ;.. --~:: :-!' ,. ... ~.: . , ... t ,.,· ~ I II IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION No. 63 -69 -415 IN RE: ESTATE OF ' STELlA CONNELLY, Deceased. ~ BRIEF OF OBJECTOR TO RESPONDENT'S ANSWER I certify this is a true~ndr co rect n\ ' (:'\ · q·in"" CO,JY .. of tnv Ori6 ... al ... ·......... .. ••••• -:-.. filed /b.. ~ ............ E.~'" ..... ,.f.,/1~. "~"'-'·l·:vY 1dr u. :.··:~.· ~···t······~-~ ·:·••!!•••••• . . -~~.r-li~ .. ·, ~~--~//Unae/k-~~ -~~~~- 15022 .. . ..... I .J I i-// ~. ' L \ 7 .. .... __ .. "F ··' .. ~ ... -.. I I -~ --.. ..... . t,.· ..... *r;.Jo -.. ~ ..... ~ _.,.._~ ~ •. > -· r .. ' • 'I', .... ~-. ~ 'r~ ~ .. t ~~; . ·~ ..... " ,'..,f':··· ,·:. 1 -· "' ,. -~ " ..:-. . ~ ..: -. . -. •, "' . . · ~ .. · .. ~... "':> ,..· ' .. -. ... ... ~ ... --...... ~ . ~ .. _ ...... ., : -.~· ' . ' -'~ . ~ '~ "f' '• L_ ~;. ~ ,. ;. l_, ~. '~ "t. ,, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS 1 COURT DIVISION No. 63 -69 -415 IN RE: ESTATE OF STELLA CONNELLY, Deceased • HEARING BRIEF OF ~ . . . . . . . . . . . . . . . APPELLANT OLIVIA E. FOLEY ~r~~ dtwrn,~:r~-ff~,aC~ ~~~ 15022 b ! f ~ ~ ~ ,,, 1t ·~ F'· i ' h I) ... , , I , • l,. ,,.},! ' ~ I" '-.t,L..:. ,· "' I ·:.'\tl~.: '""" _ __,c_ .:.. \ \ ' \ ' .·:: .. ~ ,. •. I / \ HFC/cr 4/24/10 i ... 3p ' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA. IN,RE: '• .~· \ \ \ ORPHANS' COURT DIVISION ESTATE OF ) .. STELLA CONNELLY, ) No 63 Deceased. ) HEARING BRIEF OF APPELLANT OLIVIA E. FOLEY 69 415 This 1s an appeal from the admitting to probate of an alleged will of Stella Connelly, dated October 22, 1968, by the Register of Wills of Washington County, Pennsylvania, on March 28, 1969. On October 27, 1969, Olivia E. Fol~y filed her later duly perfected appeal from the decree of the Register admitting the saic a,lleged will to probate and she filed· a petition for citation sur appeal with this Court on November 26, 1969. On December 20, 1969, Mary Rita Connelly, the Executrix named in said will filed her " answer to the petition for citation; and on January 9, 1970, the petitioner filed preliminary objections to the answer in the form of a motion to strike, a motion for a more specific pleading, and a demurrer. Arguments on these objections were heard on April 15, 1970, during the course of which the parties stipulated to immed- iately proceed to a hearing on the evidence and testimony to be produced; therefore, the issue before the Court is to determine whether or not the matters of competency and undue influence should b~ heard by a jury. HISTORY PERSONAL HISTORY OF DECEDENT Stella Connelly, an unmarried ~pinster, 79 years of age, _,. •. "t- died March 24, 1969. She was a resident of Charleroi at the time of her death, though she had been in the Haven Crest Rest Home for several w~eks prior thereto. She and her family had resided in Charleroi for many many years. Her parents had had six children: Olivia E. Connelly Foley, the herein petitioner, appellant and objector; Charles Connelly, a predeceased brother of the decedent; Marie Connelly Connell, a predeceased sister of the d·ecedent; Joseph Connelly, a predeceased brother of the decedent and the father of the Executrix; and Esther Connelly, a predeceased sister of the decedent. As these children grew.up and married they left the· home of the decedent's parents in Charleroi and established homes of their own. Only Stella and Esther remi±n~d at home with the par- ents. Sometime after the death of 'the father, the son Joseph, with his wife and daughter (Mary Rita) returned to the household, where they lived in a separate apartment in part of the home. Esther and Stella were empioyed at the Corning Glass Works in Charleroi where Stella soon acquired the reputation of being a very intelligent, witty and capable woman, She was employed in various responsible positions in the pay-roll office of the plant, Stella was a very devout practicing Roman Catholic; she was quite active in the women's activities of her Church, serving as an officer in the Catholic Daughters of America organization of the Church. Stella retired from Corning about 1955, and while her in- terest in life about her had lagged slightly before her retirement, she began to deteriorate mentally with this inactivity. It is the contention of your a'ppellant that Stella 1 s mental capacity had so decreased by 1968 that she did not then have the capacity to make a valid will, and your appellant contends that she should have the 2 j I ,• opportunity of presenting appropriate testimony toa.jury to deter- mine the validity of the will. DEPOSITIONS TAKEN PRIOR TO HEARING . Prior to the preparation of most of the petitioner's pleadings, depositions were taken by petitioner's counsel of peti- tioner arid ten other witnesses. The. average age of these persons was over 70 years, hence, it.is no surprise that three of the per- sons deposed, Ruth Marie Logan, Isadore Hostnick and Hariiet Wagner are not physically able to appear in Court, however, John E. Cos- tello, Esquire, attorney for the Executrix, Mary Rita Connelly, not ,only attended the deposing of all eleven persons, but he cross- examined all of them including the appellant, Olivia E. Foley. Medical certificates of the ihree missing witnesses will be pro- ~uced, or, if same are not availabl~, ibfo~mation relating to the lsame will be presented to the Court at the hearing. SUMMARY OF EVIDENCE TO BE PRESENTED BY APPELLANT FOLEY AND HER WITNESSES BY OFFER OF DEPOSITIONS RUTH MARIE LOGAN Ruth Logan, who was 68 years of age when deposed, testified f lhat she had khown Stella Connelly, the d~cedent, since 1939; that they both had Worked at Corming Glass Works in Charleroi; and that ince 1961 she had lived at 714 McKean Avenue, Charleroi, just ~pposite the home of the decedent; and that during the last eight rears of decedent's life (she died in March of 1969} the deponent had seen the decedent every·day. (t-5,6) Miss Logan told of play- ng cards and bingo with the decedent and her sister, Esther (who ~ied in October of 1966). She told how Stella's card playing and i ~irigo playing deteriorated to the point that the three of them 3 '. ; stopped playing in 1965. She described how she and Esther had to aid Stella because she would "doze off and she wouldn't cover the ~umber that was called, and it would just seem that she was far away." (t-7,8) She a1so told how Stella would r~peat questions which had already been answered in ths conversation. She wasn't alert "as compared to when I first met her." (t-8) "She was very alert at that time (when she first m~t her)." (t-9) Stella had worked for many years under the pay-master, Harry Williams, and Miss Ldgan told of showing Stella some pictures of Mr. Williams, and Stella "didn ''t eveh know who Harty Williams was, and if she asked once at that time, she asked 10 times who Harry Williams was, and he had been her boss.'' ( t -10) Miss Logan told of seeing Stella go out of the house at 2:30 a.m. early in 1967. She testified that she called Joseph Connelly and he said "I'll go and get her." (t-11) Some of the other witnesses will relate how Joseph told them of this event. She also told of seeing Esther having to find,Rosaries that Stella had misplaced (t-12) and of seeing Esther doing Stella's work on the L. C. B. A. books (t-13) the circumstances-of which will be related by other *itnesses. Miss Logan told how Stella earlier had been very neat about her appearance and person, but that with the passage of time she became qpite careless about herself, even going without her wig. (t-13, 14 & 15) Miss Loga~ relat~d how when Esther had died (October of 1966) she had ridden to the funeral home with Stella, Joseph, his wife Elizabeth, and Mary Rita, but that wheh she sat down with Stella at the Slezak Funeral Home, Stella turned around and said "Who are you?" (t-15) She told of other times Stella didn't know her. (t-16) She also told of a conversation with Joseph Connellys 4 •, ife Elizabeth shortly befors Joseph died (October of 1968) con- cerning Stella's condition. " she said.that she *ould have. to get back to the hous~ because she said that Stella didn't kno* i anything anymore, and that she didn't know what she was doing." (t-16) On cross-examination (t-19) Miss Logan op{nionated rt ••••• I don't thihk Stella was competent to make a will ~even before Esther died' " During the cross-examination of-Olivia Foley, M:r;. Costello tried to show that there was ill-will between Stella and Mrs. Foley. Miss Logan's testimony on the bottom of page 21 demonstrates the care which Mrs. Foley gave_ to her sister, Stella, during her life- tim~, even before Esther died. On redirect examination, Miss Logan was asked to explain the observations she made of Stella's condition Which led her to the conclusion of the incompetency of tHe decedent, and :she bri~fli repeated her observations of the card playing, the bingo playing, constant repeating in conversation, and not recognizing her boss's pictures. (t-23) ISADORE HOSTNICK Mrs. Hostnick was 85 years old when deposed. She testified that she had known Stella since 1922 or 1923, for she was a.good friend of Stella's mother. She told of knowing Stella in the L. c. B. A. (t..:.6) She characterized Stella in the 1920s as "Very alert. Very brilliant -very alert." (t-7) She told of Stella's slipping as early as January 26, 1958. She got the date from a diary she had at the deposition~ She told of going to a Church meeti~g in Pittsburgh with Stella during which Stella slept for two hours through the entire meeting. I asked her what was so unusual about that and she::replied: "Anybody that could sleep for two hours 5 sitting up in a church pew, that's a pretty long ti~e to sleep when you are sitting.". (t-8) Mrs. Hostnick tOld of some ~ore times when Stella did not her before Esther died·. (t-9) She told of Stella wandering in and out of the Church'in cold weather. Other witnesses willtel·· of Stella's wanderings to and from Church and other m€etings. They Will tell of her taking Cohfession several times on the same day. Mrs. 'Hostnick told of the manner in which Stella's habits of dress changed so ~hen compared to the earlier ~imes. (t-11) Mrs. Hostnick opinionated that Stella was not competent to make a will ih October of 1968 commenting on Stella's not khdwihg her at the funer·al':home (t·-9) "I've known her since 1923, and if she didn't know me in all those years, well, where's yout compet- ency? I can't see itt" (t-12) HARRIET WAGNER Miss Wagner was 77 years old when she was deposed. She testified that she .had kr\own Stella over 60 years. (t-6) She related how she was th~:c> Recording Secr~tary of the L. c. B. A. while Stella was the Financial·Sec:r;etaty, "·· ...• but Estht>r did· all the work the last fe* Year~.i' (t-6) ·She told that St~lla ceased being the Financi~l Secretary at the 1963 election. (t-7) She told of seeing Esther doing Stella's bobk work. (t-7,8) She told of seeidg Stella gbibg to ChurcH eVery morning, and of Stella taking Confession twice ob the sa~e day. (t-9) Attorney Costello objected at this point on the.grotind ~f heArsay, ahd Miss Wagner told of seeing the Priest takihg Stella to the church door. (t-9) · ;Miss Wagner tdld of Stella crossing Fallowfi~:c>ld Avenue on her *ay from the chrlrch to bet bo~e and alfuost detting run over fot she ignored the red light. (t-iO) o{her kitnesses will tell that 6 .. it was common knoWledge in~~harleroi that Stella would get lost, would ignore traffic lights, took confession more than once oh the same day, wouldn't or couldn't carry on a conversation, and wbuldn~ recognize relatives and old friends. When asked for her opinion as to whether or not Stella was competent to make a~will in October of 1968 Miss Wagner replied: "No, I don't think she was in her right mind. She wasn't in her right mind for years before.'' (t-11,12) She told 6f the diffi- culty in carrying on a conversation with Stella. She said she h~d first noticed Stella had stopped speaking to her when she went to the Connelly house when Esther was making out th~ reports for the L. c., B. A. (t-12) She noticed no changes in Stella after Esther died, either as to her dress or as to her actions. PREFACE OF TESTIMONY TO BE OFFERED ATHEARING (t-13) It is anticipated that testimony will be given by eight witnesses in addition to Olivia Foley. They will consist,of five friends and three relatives of the decedent. They will confirm ahd corroberate the testimbny of the foregoing deponents, on such ~atters as the decedeht's in~bility to recognize peopl~, as to her becoming confused in her travels, as to her taking confession more than once (one witness will tell of seeing her do it four times in one day), of the manner in which the decedent's appearance deter- iorated and how she exhibited and demonstrated characteristics which these witnesses knew or recognized to be those bf senility. They will tell how Stella Connelly's mind deteriorated frdm 1955 to her death in 1969. Some of these witnesses will tell of conversations with Esther Connelly, Joseph Connelly, Elizabeth Cohnelly and even the Executrix, Mary Rita Cor:!nelly, when the subject of conversation was 7 ·. the problems they w~re having to take care of Stella for she didn't know what she was doing df what she had (assets). With the excep- tion of one witn~ss, who was not deposed, Mr. Costello had the .opportunity of hearing and cross-examining all of the other wit- nesses last November. ANTICIPATED OBJECTIONS BY COUNSEL FOR EXECUTRIX During the taking-of the depositions Attorney Costello objected to much of the te-stimony on the ground of hearsay·. The appellant conte~ds that because knowledge of Stella~connelly's condition was so widespread in the Borough of Charleroi, and es- pecially among the members of her Church, the facts testified to should not be excluded 6n the ground of being hearsay. The very recent Supreme Court decision case of the Estate of JAMES B. CHAMBERS characterized evidence in that case which had been learned under circumstances similar to the instant case saying: "the ~tat~ments were merely stating a known fact and did nbt constitute hearsay." (This opinion, filed March 25, 1970, had not been pub- lished as of the writing of this brief, therefore, a copy was secured from the Prothonotary of the Supreme Court. A copy of the majority opinion is attached hereto as an ~xhibit.) Respectfully submitted~ ~ Howard F. Carson 1 Attorney for Olivia E. Fole~ • 8 '1 I .- -,,--~~---- [351-2] income was distributed to the appellantts mother, Hazel McGill~ and, after her death, the sum of $625, representing unpaid accrued income from the trust up to June 1~ 1966~ was paid to the appellant.. Thereafter, the appellant obtained a cita- tdon from the Orphans' Court requiring the trustee to show cause why the future trust income should not be paid t~:. him4 After a hearing~' appellant's petition was dismissedo From that decree appellant took this appeal. Under the Wills Act of 1947, Po·L. 89, ~ 22, 20 P" So § 180o22, the will of any person who died prior to January 1 9 . 1948, is governed by the Wills Act of l917o The presently pertinent portion of the 1917 Act reads.a.s follows: "When- ever in any \till a bequest or dell·ise shall be made to the ch.ild or children of any: person other than the testator!) without nam- ing such child or children9 such bequest or devise shall be construed to include any adopted child or children of such other person who were adopted before the date of the will, yg: les.~ .a. cog~x:,ari ;:g:~ention shall_~~--t.lJ~.....W..L . .*' Act of June 7, 19171 Po Lo 403 0 § 15(b), 20 Po S. Cho 2~ Appo § 228 (emphasis added)o Although the section does not explicitly pertain to after-adopted children, this Court has stated that the effect of this rule of construction is to exclude from a bequest to nchildren" of a person other than the testator~ a child who was adopted after the will was executed. Holton Estate~ 399 Pao 241/) 247, 159 A., 2d 883,') 886 (1960)., However, artifici.al rules of testamentary c~nstruction have been legislatively and judi- cially created merely to aid in what is always the primary goal --to ascertain and to give effect to the testamentary -2- '' I II ' ~I .· 1----·--------· ------------ [351-J] purptses of the testator., 'fhereforep t~rhere the testator's actial intent can be ascertained, such intent must prevail ov,.r any artificially-d.educed "intent" which 1:he rules of c·~nstruction might dictateo Id1 at 244, 159 Ao 2d at 885o .le will only resort to such rules of construction if the will ) is unclear or the testator's actual intent is uncertaino 1\oqs_t,QJ!..!W!!t, 414 Pa11 579 ~ 586, 201 A.., 2d 592, 595 (l964)o The intent of the testator may be gathered from a con- sideration of four items: the language of the will itself9 the scheme of distribution, the factual situation as of the date of ~xecution of the willt and the existing factual situa- tionu !fb.. (and cases ·cited therein).. In the case at bar, un- impeached and uncontradicted evidence was prese~ted at the hearing which indicated: that Hazel McGill could not have children and, therefore, adopted. Paul; that this fact was common knowledge in the community of about 111 300 people; that the testator was a leading figure in the area and was well aware of loca.l affairs; that the testator was very close to his daughter9 Hazel, and doted upon his adopted grandson~ Paul; and that the testator did. in fact, know that Paul had been l adopted and tha .. t Hazel could bear no children of her owno In short, the appellant's evidence clearly established that when James Be Chambers executed his will he kn!! that Hazel could have no children and that she.had adopted Paul., The appellee r;--..-·~ong the m~y tt~tnesses who ~estified to ~ese fa~ts, e~th.er by swornaff~davl.t or by testJ.m!3ny;, were: Kay Ghr1.stl) a close friend of Hazel and J~wes M,cGill: A, Mo Struzka» Sro, a former employee of the t~st"'tor; John lwlcK.ain., a close friend of the testator; Virginia Dickinson, a close frlend of both Hazel .McGill and the tostator; and Maude Braiden, the testa- tor's widowo -3- -,.. ' • ~----~-~-------------_.__, [351-4] 2 presented no evidence bearing on this questiono We return, now, to the will itself wherein a bequest is made to Hazel's "childreno" Becaus,e of the factual situa- tion in 1930~,~ when the 1will was ·written, the only natural interpretation that could conceivably be given this bequest ") is that the testator intended to provide for his adopted grandson, Paul McGill~ and for any other children adopted by Hazel in the futureo Any other explanation would not only be absurd under the facts of this casev but would render the bequest nugatory~ A testator is presumed not to have in- cluded mere surplusage in his will,. Benedwn Est1te9 427 Pao 408~ 415-16~ 235 A~ 2d 129, 133 (1967). By his use of the plural noun, "children~" the testa·tor evidenced an intent to include in his bequest any child or children which Hazel might have in addition to the one. child, Paul, who had already been adoptedo Since the testator knew that Hazel could onlx have additional children by adoption. he mY!£ have intended to pro- vide for these childreno The provision for Hazel's "children" makes utterly no sense unless it: was intended to include after- adopted childreno The court below r.elied upon the following language from !!olton Estat£, 399 Pa., 241, 247 11 159 A. 2d 883-t 886 (1960)9 as dispositive of the instant case: 11An examination of thi,s 2o fbe appellee has objected to the evidence as being hear- say and, therefore~ inadmissible. Certain portions of some of the affidavits consisted of statements by the declarant as to what he had been told by anothero We have) of course, excluded these sections from our considerationo However, the crux of most of these statements was to the effect that it was a matter of common knowledge throughout this small community that Hazel had adopted Paul and that she could have no children of her owno To this extentp the statements were merely stating a known fact and did not constitute hearsayo We also note that some of the testimony explicitly stated the fact that James Bo Chambers knew of Hazel9 s condition~ This, too. would not be hearsayo -4- J~ • I '~;.~ ~ ·-'··I .. ' ; ' , ---------------------· ---·-- L351-S] statute clearly t"'eveals the legislative intent: to i,n,g,lw!t within the term 'child' or 'children' of a person other than the testator an adopted •child' or 'children' provided9 ho-.f- ever, that such adoption took place before the execution of the will~ and to .!XG.~!l-4! such a.dopted child or children if the adoption took place after the execution of the willo" However~ we made it perfectly clear in that case that a pre- requisite to the application of the quoted rule is the abs§nce of any indication of what was the testatoris JlCtY,!l j,ntento In !!5!!~..9.!! ... ~~-!:.i.~S!, we found n.q such lndic,\t:ton on t.h~ :follow- ing facts.: the will provided for the testator's sonD Howard 11 · and for Howard's children; Howard's wife, not Howard, was in- capable of having children; and, no children were adopted by Howard until almost four years after the testator's deatho On those facts, it would be equally plausible to either find that the testator did or that he did not intend to include adopted children in his wilL, Accordingly" we were forced tc resort to the legislative rule of construction in the Act of 1917o Fortunately~ in the cas·~ at bar we have ample evidence from tddch to ascertain the testator's actual intento There are three factors present in the instant case which require us to reach a different result from the Pol~oq caseo First? AUhe .t.~~ ... l&tor k~~~ Hazel herself was incapable of bearing 3 natural childrenJJ not, as in Holton» her spouseo Seconds- Hazel had already adopted one son at the time that the will 3:"-· ... --iil ... 1!~1ion;·rt ttas possible that Howard might remarry and then have natural childreno ~s- I <' .. -- ---------~ t.., ! I .. [351-6] was executedo Third~ Hazel and her father had a very close relationship) and she and her son spent a great deal of time with the testatoro All these facta make it clear that the testator in the instant case was a concerned and devoted father and grandfather who wished to provide for Hazel's children, regardless of any !@gil distinctions drawn between 4 relationship by adoption and relationship by bloodo William James McGill is entitled to take under his grandfather's will as one of Hazel !-leG ill's nchildreno" Decree reversed; costs on the estateo Mr. Chief Justice BELL fUed a dissenting opinion in which Mr .. "'1ustice COHEN and Mr. Justice EAGEN join. 4o · .Qu Fowes Trust» 421 Pao 476, 481-82s 220 Ac 2d sD 11-12 tl966) (dissenting opinion)., -6- ~~,-_[ ________________________________________________________ ___ I. •• ' I l -:-\~~ I • IN RE: ( IN THE COURT OF COMMON PLEAS OF ) ESTATE OF ( WASHINGTON COUNTY,PENNA. ) STELLA CONNELLY 1 ( ORPHANS' COURT DIVISION~ ) DECEASED.( NO. 63-69-415 APPEAL FROM DECREE OF REGISTER ADMITTING TO PROBATE A CERTAIN PAP'ER WRITING. WHEREAS, there has been offered for probate before me a paper purporting to be the Last Will. of STELLA CONNELLY, Deceased, late of Charleroi, ·washington County, Pennsylvania, and the same was duly admitted to probate; and, WHEREAS, an Appeal from the Probate of said Will has been filed with me and required security entered; NOW, THEREFORE', by virtue of' the provision of· the Acts of Assembly in such c ases made and provided in the Register of Wills Act of 1951, I do hereby c ertif'y the entire record pertaining to the matter aforesaid to the Orphans' liourt 'Division of Washington County. W I T N E. S S my hand and the seal of said Office this 29th day of October, !fl. D. 1969. (S E A L) Register of Wills of Washington County, Pennsylvania. .JOSEPH .J. SUCH, M.D. 333 F"ALLOWF"IELO AVENUE CHARLEROI, PA. 15022 Jo ~,it nc ~~.· ;e_-~~~ c/~~~·~ fvdL~I ~~~~7 ~...vW~· xl~ . -,/. ··-r:. '; ~~~-~~ ~·~ EUGENE E. COST A, M. D. ARTHUR K. PALUSO, M. D. Res. Phone 483-4392 520 McKeon Avenue Res. Phone 483-5228 CHARLEROI, PA. Office Phone 483-6413 For ••.•..•• b.~J.!A?. .. .' .... ~.(::~!::~~~.: ...... .\::±J~!:~.t~.:.~~h ............................................... . f/ :Jd· llU ij Address ............................................................. -.•••••••••••••••.••.• Date ••••.. ,..: ........................... . Reg. No •.••......••......••.. GJ:? Q~._o~L_,_o YY,~ ···-······ ············-······-···········: ............................................... M. D. REPETATUR YES 0 NO .0 TIMES .••..•......•••• I CHARLEROI PHARMACY A. HERSH, R. Ph. 521 McKean Avenue CHARLEROI, PA. Phone 483-4321 ~------------~-------------------~--------------------------------------------~----- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY., PENNA. ORPHANS' COURT.DIVISION . IN RE: ESTATE OF STELLA CONNELLY.~· :$ ~ Deceased. ~ z z cld D. i ~ z x Ul ~ ti ~ BEFORE: Ul Q ~ 0 Q ~APPEARANCES: ~ 01 ai 0: ~ 0 D. Ill ·0: ... 0: :J 0 ~TIME: <( 0 ii: ... 0 ) .. ) ) No. 415 of 1969 ) ) ' ) ) " . . JOHN E. COSTELLO, ESQ • ., of Charleroi.~ Pa. re·presenting the Proponent., Mary R.ita Connelly. HOWARD F. CARSON* ESQ.; of Charleroip-!Pa . ., :r representing Olivia Foley~ Contestant. Tuesday,, April 281 1970., at 10:00 o'clock A.M. E.D.S.T. ------. " . - E X H I B I T s Proponent's Exhibits: e \ . 1 -Statement dated November 27, 1967 J signed by Helen M. <1: Connell. z o( . > ' ~ 2 -Cancelled check dated November 15~ 1966 made to the order Ul z of Saint Jerome Building Fund in the amount of $l, 170.00, :z Ill IL signed by Stella Connelly; and receipt for sam~ made to. i 0 Stella Connelly, dated March 29, 1967 •. 1-·'l!l z i Ul ~ ; ..: .o . 0: 1-Ill c .. e .J " . o( . ti c ::l ! ., ~ ~ . . 01 ui 0:: ld -~ - 0 IL • Ill • 0:: . 1-. 0:: ::l . 0 u .J o( ti ii: II. 0 ·e .. . . i . I N D E X . -WITNESS Direct Cross Redirect Recross . MARY RITA CONNELLY 7 ANNA .MARY SCHWENDEMAN 9 31 32 e NORA C. RILEY 33 JOSEPH L. CONNELL ~·~ 49 50 < ~ ALICE HANTISSE 51 58 61 > . ~ . -I > " -.. i CEC,ELIA S. MOUSSIA UX ,, .. 63: 76. ~ Ill a. ~DOROTHY MAUND ·. 71 78 I .... I 1!1 z x MERCEDES ZEUTER 81 ,84 84 Ul < 3:: ~ CARL BALKEY 85 90 u i ~ OLIVIA FOLEY 92 10.9 ' . a q e .I < . § EVELYN T A CHOIR 118 124 a :I ., ~ ALEXANDER KASH~ JR. 131 ., 138 Ill . ~ VIRGINIA VILLELLA . 151 158 .. ld . ... 0: .. ~ FRANK MOLL IS 160 165 0: . ' ... g MARy RITA CONNELLy 167 ~183 216 217 u .I ~ ALICE HANTISSE 220 222 e . 0 OLIVIA FOLEY 223 226 e NORA RILEY 228 .229 230 ., . . . . .. . . ~------------~~------------ 3 THE COURT: The Court is ready, gentlemen. MR. CARSON: May it please the Court, this is the time set for I .. the hearing on the Appeal of Olivia E,. Fqley from the Probate of I the Will of Stella Connelly, deceased. e To go over the matter briefly, a Will was allegedl.) i ~ made on October 22, 1968, by Stella Connelly. And she died in z < > .J March of 1969 on March 28---not Mar~h 28, but March 24. The >-Ol z· z Ill 0. i 0 .. C) z Will was prooated.:ori. March 2:8 by the Registe.r of Wills. We then . : .... ..-'. ' ~. . . . ~ . ·... --" ,. .'' .. went through vit'ious Steps of iitigation ~f taking an· Appeal and filing ~ ... ,J<.';: x Ol c( ::: a Petition. Answers were filed by the Exe.cutrix:and then Prelimi- • 0 ., ..: u 0: nary Objections were made to the Answer. Then argument was .. !!! Q e ..1 c( 0 0 ·' J I • heard :by Your Honor on April 15, during the course ··of which it .• .... ' il,.· . ~... ·, : ~~~ was stipulated to;prpceeq ~ith the he'a~ing. Therefo~e. 'the issue ... " :t /:: lll •-~ ~ t I before the Cour't.is. to _determine whether o~ not the rri~tters of ui It: Ill .. It: competency ~iid ·'und~e influerl.~e s~oupl be heard·by a Jury. 0 0. Ill It: .. It: ~ .t.-·-~. Tl1.e· person~l·histo~y 6f 'the deceased, Stella • -~ • ,:.._. • : ". • 'f • J 0 u Connelly. is that she was an unmarried spinster, 79 years of age .~-.. ..1 c( 0 ii: ... at the time of her death. _She had re~ided in C~arleroi practically 0 all her life. Initially, there was her father and mother and five e brothers and sisters. These brothers and sisters were Olivia E. Connelly Foley, who is the Petitioner and Appellant today,;_ Charles Connelly, a brother who is deceased; Marie Connelly Connell, a sister who· is deceased; Joseph Connelly, a.brother who is deceased, he was the fat her of the Executrix, Mary Rita I --------~r--------------~--------------------------------~----1 4 Connelly; and Esther Connelly, a sister who is predeceased. As these children married and grew up, they left hom,e,established ho~es of their <DW~Iil-, with the exception of Stella and Esther, who ' never married and remained at home on McKean Avenue with their e parents. The son, Joseph and his wife and daughter, Mary Rita, ::!: returned to the household after the father of the family died and z <( > .J > II) they lived in a separate apartment • . ' :z: ,. :z . Ill IlL :·Testimc~n;y-will-be pres~nted to .the effect that EsthEr :z 0 ... C) and Stella Connelly were emplbyed at Corning Glass Works in z i: Ul <( :s:: Charleroi and Stella soon acquired th.e reputation of being very -..: ~ 0:: :intelligent, witty, and capable. ~he was employed in various ... til a e ..1 o( u responsible positions :in the pay-.roll office of the plant. She was • • < • •'"-~ • Q :J ., a. very devout practicing-Ro!!!an Catholic; she was -quite active in :1: 1-" N oi the women's affairs of her church and served· as officer in the i -~~ I -0:: Ill ... 0:: L. C. B. ·A.· .. 0 ~. -· II. Ill 0:: ... ·In 19:55 Stella retired frorp. Corning and she began 0:: :J .. 0 u to deteriorate mentally with this inactivity. It is the contention of .I < u ii: II. your Appellant that Stella's menta_l capacity had so deceased by 0 1968 that she did not have the capacity to make a valid Will, and e your Appellant contends she should have the opportunity of present ng appropriate testimony to a Jury to determine the validity of the Will. Before all the pleadings had been prepared by the Appellant, Depositions were taken by myself of the Petitioner, 5 Olivia E. Foley~ and ten othei' witnesses. The average age of thesE witnesses was over .70 years and it is not surprising that three of them are unable to be here today. However~ Attorney Costello was notified of the Depositions, he attended them and eros~ examined most, if not all of the witnesses_during the course of the Depositiors, including the Appellant, Olivia Foley. I secured medical certificates from Dr. Joseph J. Buch of Charl~roi pertaining to th~ i~r;apacity of Ruth Marie Lot; an to be here todayJ and also I have a certificate of Dr. Arthur K. Paluso, pertaining to the inability of Mrs. Isadore Hostnick to be here today. Miss Harriet Wagne:r has gone t.o .. Pittsburgh and the -~~ last information I had was that she was waiting.admission to st. .. ,, Margaret's Hospital. I talked with the brother, George Wagner of ~.--•. -,· Carroll Township. He referred me to. a ·Cqusin by the name of ... -~-McCarthy in Pittsburgh wit~~whom,Miss Wagner was staying while she 'was awaiting admission to. t~e hospital. I made at least half a dozen calls last week _and over the weekend and never got any answer at the McCarthy home, so to the best of my knowledge she , :. is in the hospital. -In that respect, Your Honor, first, I'd like to · _present the two medical certificates. And at this time I would like to introduce int~ evidence the Depositions of Ruth Marie LoganJ Isadore Hostnick---rnigih,;hl add, Your Honor, that's a woman, and Harriet Wagner. Mr. Cost~llo, do you have any objection to the introduction of these Depositions at this time? -~-~------------~----------- 6 MR. COSTELLO: Yes. Your Honor, the Depositions were taken., if the Court please,. it was rriy understanding~ for the purpose of ma~ing inquiry to determine'whether there were sufficient facts on " which a Citation could lie. Arid., of course~ in our cross examinatic na e it is very limited because we were not interested in the developme1 t ~ of any case for Mr. Carson. We anticipated the opportunity of a .z < > ..I > cross examination at th:i.s time. We did not gb into detail. We thir~ en z z Ill D. those Depos.itionsshould not.be admitted since' they were not takep i 0 ... " . for the purpose of ·preserving any testimony . z :t Ill < ~ MR. CARSON: Pardon the delay, Your Honor. I am looking for a ti ii: copy of the Notice of Deposition. The Notice of Depositio,n reads ... en ii e ... < 0 ii :I ., as follo~s: "These Depositions will be)a~en for purpos~s of dis- covery. aid in prepa:rat~<?n of ple~dings, perpetuation of testimony :1: f:. \II and for use in trial or hearing. II There_fore; I sub~it that Mr. oi ~· . a: Ill ... a: Costello was properly noti\ied as to the purpose of the Depositions 0 D. Ill a: ... and if he chose not to cross examine ~hese three ladies extensively a: :I 0 u this was his preroga.tiv:e. but also his~ risk: ... < 0 ii: IL THE COURT: The Court will defer its decision. on the admissabi 'ty 0 of the Depositions. They may be of use during the hearing which w i> e are going to hold and portions of the Depositions may be admissabl" and portions of the Depositions may be inadmissable. We will defe1 ruling until such time. MR. CARSON: Should I hand these up at the moment., on the basi~ of your ruling ? .-.--------------11----------------------------------------------------------------~1------ ------~--~~--------~----~--~--~fur~a~r~·~B~i~ta~C~o~n~n~e~l~l.Y-_1 ____________ ~----------~---7 __ _ e THE COURT: We will examine them later. It appears theri that w are 'ready for testimony in the matter. .. > ,. MR. CARSON: May lask1 Your Honor,,-am I _·presently then pre-. eluded from rilaking an;r reference to these thre'e Depositwns at.th. 1 r .. time? . . o( z THE co:ffin: I don'! kn~,.; w~at refere.;,e you wo•ld ;ant to makt o( > ..I > II) z z Ill at this time. I don'tth~nk it is ,th,e,proper time for it. :At the 'prope I time we ··~an _make -~eferences -to the Depositions. I think now we ar ,1 ~-... ~ • . ' ~ '!; '·' • ' ··~"" • II. i 0 ... e ready f~r ~est~mony ahd our usual procec:Iure is for' the Proponents z i m ~ to attest the probate of the Will. We will permit Mr. Costello to ;,' -. . . :s: ..: 0 i '. 't proceed in that manrie:r. ... !! D ,· .. ..I ~ u 15 1 •. :J ,., 1.. :t r· I~ N MARY RITA .CONNELLY IS CALL.EDAND SWORN. IIi ~ ' . ~ ' ·?;·-···l ~ DIRECT EXA lVIINATION BY MR .. COSTELLO: ~ ... -· ~ ' . -. .. .. , . . . .-.. ' ' ... ' o. II. .ill ' GJ:. Q "' ~ ::l g A ,.J c( '. Wou.ld you fell the Court ym.lr-na~e please? · . . . -. Mary Rita Connelly. 0 ;: Q Where do you live," Miss Connelly? ~ ~ . ~ ~ ... A 717 McKean Avenue; Charleroi. ' .. . . .,. Q Were you· the Ex'ecutrix named in the ~ill of Stella Connelly1 which Will is now th~ ::mbjec~ of this litigation? A Yes, ~ was •: Q Consequently, did you offer for probate to the Register of Wills for · · Washington County the Will of Stella Connelly? I ------!1---------------~M~ita ConnellY----------~,....------+.....J.J'-- A _Yes, I did. Q Wa,s that the Will which is a part of this record, having been dated " October 22 of 1968? A Yes. Q Subsequently thereto, have you proceeded with the administration f the estate? Yes1 I have. '\ ...... ' ' . .~THE_.,99UR T: ' !,VIr. Costello, are you c .. • going w call the Reliisfer or.chis Deputy to prove-T iw'ould ask if we could have someone g.o d~;,;n and ~ring him up. l _.; rr:hey sai~ the~'d hav~ s~mem~e ag~~lable immediately, Your Honor -·:-;:.·t; c --, MR. CARSON: If the Court please, I will-be glad to' stipulate the W'ill.has.been probated. ~~ ; --~~ Of course1 we are ques tion:ing the validity of the ' . Act: We are n<?t questioning the fact it was done. 1' ~ . -, "l .J:" If counse 1 will stipulat to that effect, we might dispense with calling the ·Register·. •Very.well; Are there any questions of -· this witness, Mr.· Carson? MR. CARSON: Not at this time, Your Honor. Of course, we reserve the right to examin r her later. THE COURT: · You are excused. e e Anna Mary Schwendeman MR. COSTELLO: Your Honor, this matter having been stipulated, there was a probate~ we think the burden now shifts to Mr. Carson to go forward with his witnesses. THE COURT: Very well. Mr• Carson, you may proceed .. MR. CARSON:· At this time I call Anna Mary Schwendeman. . i ANNA MARY SCHWENDEMAN IS CALLED AND SWORN. 0 ... cr z i Ill ~ t ii2 ... ! " .l o( 6 Ci :I ., ~ Cll en Ill: Ill .. Ill: 0 m. Ill :« .. ·Ill: :J 0 0 .I o( 5 iii: II. 0 DIRECT EXAMINATION BY MR. CARSON:. Q· What is your name? A Anna Mary Schwendeman. ·· ' . Q Is that Miss or Mrs. ? A Miss. .. Q . And where do you live1 Miss Schwendeman? R. D: .2, Charleroi..· Q That would be out in Fallowfieid _Township? A Yes. Q What is. your occupation or profession? . .. .•. ~ ' A I'm a medical technologist. Q ·Where are you employed? A Washington Hospital. Q How long have you been employed there? A Since October of 1965. 9 ------~ ~-:-Q Aa.d we-F-@-y:o.u-em . .plo;y.ed p:dor-t . .ua~....tw.bJJ;a;!,.!,L~t .... H~.!..!.L ITllP~? ________ ..:.._ _ ___,j __ _ .-----~------n,_------------- ------------~r~------------------------~A~n~n~a~11~a~r~ Schwendeman A Yes. Q ' Where? A McKeesport Hospital. Q In what capacity? A ~ Q z C( ~ A ,. :n z ~ Q; II. i g A Cl z :r ~ Q 3:. The same capacity. When did you begin your employment at McKeesport Hospital? In August of 1944. ,o;.-., . How far''did you go i~ schooi"o:r= ~oLI:.e._g:e?? f :--, ... -.:.·.; ' . .. · .. A little over twoyears .. '. To what college ? ' To Seton Hill College: . ' . ' \.; ' . Am Lcorrect then you are a high school graduate as well? . . . Yes~ '-~ . · . ., ,. . ' : ~ .,Dld you know· Stella Connelly?. :·.~.;·, . . / ~Yes.·· · . Can .you tell the. Court approximately when you met her? . ' . ' . ' ~ ~ ' . .... · .. 10 Well1 we moved across from the Connelly's in 1932, when I was sqall. Now when you say acros's'frorn.Connelly;s." what t:Owpca!re you referfr.ing to? A Charleroi1 on McKean Avenue. Q And how long did you live across from the Connelly horne on McKean Avenue? A Until 1953. Q During that time, did you know any other members of the Connelly ~~--------------~--------------------------------------------~-----1 family? A Yes, I did. Q Would I be right in saying you knew them all? A Well" I didn't know the:m all. I didn't know the one .sister, Marie. I don't remember her. Well, you knew Esther? Yes.· .... Stella? Yes. . . Joseph? r= A' ll it > ... Yes. Ill Q Q .I • <( Joseph'~ wife, Elizab·eth? 2 Q A :I Yes. ., X f. , .... Q Ill' His itlaughter, Mary Rita? · .. ~ ,. ui II: Ill A •. 1-. II: Yes. 0 a.· Ill Q .II: ... D{d y~u· know Olivia Foley? · II: :I 0 A u Yes .. - .I <( 0 Q ii: II. 0 What religious d'enornination areyou.a member? ~ ~ . .. A I'm a Roman Catholic. Q Now what ch~rch do you belong to? ·A St. Jerome's. Q Is that the same church that the Connelly family belonged to? A Yes. Q Did, to the best of your knowledge, did Esther or Stella Connelly Anna Mary Schwendeman . ----~----~r-----~--------------~------~~----------~----------------~~2---. "'' have an automobile. A Well, thc:re was 'an a·utomobile recently but" I don't know the owners Q Specifically; in the late 1940's, to the best of your knowledge, did they have an automobile? In the late 1940's? No. MR. COSTELLO: If Your Honor please, I realize fuat some latitude will be given, but we feel . ) this· is remote both in time and it is Jirrelevant so far ~· ... as we can see·: We would interpose an objection unles they can get it :closer to the time of the documentation ..: • of which is now in "'question . 2 0:: 1-til 0 ·.: THE COURT: The objection is sustained; ..I o( ,·. § exception noted. c :J ., X Q, 1:. N . If the Court please, 1 am in the,process of leading up this witness vi 0:: Ill ··. tp establishing H.er knowledge of the mental condition of Stella 1-. 0:: . 0 ·' II. Ill ' ' 0:: Connelly at this time and. I am attempting to show how she arrived ... ~ . . 1-0:: :J 0 at this information and knowledge. u ..I o( a THE COURT: We can't see, Mr. Carsonl ii: ·~ how the ownership of an automobile in the 1940's wou d haye any effect whatsoever on the issues of this case,. wl].ich, bringing it down to the legal matters that we are interested in, would be the issue of her capacity on or about October 22, 1968. So that we would have n inter~ention of about 28 years which is too much. ----~------~~--------~--------------~A~n~n~a~~~a~ry Schwendeman 1 ~ Q Very well. During the-1940's, however, Miss Schwendeman, did you have any occasion to furnish transportation ~o stella_ and Esther Connel~y? ~R. COSTELLO: If the Court please, I rene' I my objection for the same reasons. THE COURT: The objection is sustained; _exception noted. When yo~. firs't'met Stella Conne~ly, how would you characterize > - her mental condition? · _ .. . \ MR.· COSTELLO: If the Court pleasez I woul< object to this question, unless I know when she first _. . met Stella Co~nelly so we· would know first of all how bld the witness :Y~s~ and second, I_ don't believe that she is competent to testify as to her mental condition. So w_'e will obJect for that reason also. -If the Court please, surely a witness is able to at least describe what she observed~ She.'s already said she ,first mef her in 1932. THE COURT: We would permit this witness to testify as a layman about somebody's mental condit on > as observed by a layman. But we have to keep it withiP- il <I bound. We have to come somewhere near the crux of the situation, the time that is important in this case, which the Court has already stated on or about Octobe 22, 1968. Now if we are about to enter a conside-ration ::!: z <t > .J ·;.. Ill :z . ;z Ill IL z 0 1-" z x Ill < S: ..: !::! n: .... Ul a .J o( .. § . -Q . , j "'' :1: '" " Ill ui n:. Ill ... .. ~ II. w· n: 1-n:• :I 0 0 .I o( 0 ii: II. 0 ~ . ·~ 1 . - f o_ -------------------------~------ Anna Mary Schwendeman 14 of the. difference in this decedent from a difference in her mental capacities, alertness and whatnot, fromthE time someone knew her in 19~W or 1960 up to the time of approximately the execution of this Will, the span of time is too long. One could describe all of us and the manner of our alertness when we were younger an~ in school and in college and perhaps it wouldn't show _up as nicely as it does--or today we wouldn't show up -• as nice as we did in those days. But 1iha::ltwouldn't atteE.t to our m·:mtal incapacity today. There might have been a differe-nce in this woman when this witness first me I) the decedent .and what she observed of her -in 1968. But we are ·not particularly interested in that differen• e. All we w·ant to know and what we are inquiring about here, Mr. Carson, is the condition of this decedent shortly before October 22_, 1:968. MH. CAHSON: If the Court please, con- sidering that there iis1 no Jury .pres ent1 may I at least make an offer as to the testimony of this witness? THE COURT: You may make an offer. MR. CARSON: I propose to show by this witness the very witty" intelligent woman as Stella Connelly was when she first knew her, down through the middle '50's and back up until the very early 196( 's. 0 ·o( z ( > .J >-Ul z z Ill II. i 0 1-(!) z x Ul < ~ .,: 0 ·a: .. 111 0 .J <( 0 0 :I .., :1: t;; N ui II: .. Ill 1-II: 0 ,, II.. Ill II: .. II: ::l 0 0 .J < u ii:. II. 0 -Anna Mary Schwendeman 15 And then this witness will tell about how she noticed . . a deterioration, the things that she observed, and it will basically come down into the Will of October 22, 1968; and because of the continuity of time, it will also cover this dec:e:c£Eent3s conditlon in December of 19661 at whl.ch time a prior Will was made. I realize the prior Will is not at issue today, but ,my thought is that'-the teshmony, since it covers the entire span, w uld ' .. . ~"' " . be appropriate to bring it out foday, even though the ' '6 yea·r may not be applicable until some later proceedin~. J3u~ ~he testimOJIY will be_ available today. THE COURT: I understand . MR. COSTELLO: If Your Honor please, we renew our objections for' the same reasons. Again, if ~. -~ ~-' Mr. Cars <;m can restrict it to some reasonable period . . . . and if he can-show ... by appropriate testimony of this • ~ " f ' • witness the time she saw her during this period withir the span, then I think it is material. Otherwise, I thirk · it is nat relevant or material in any event. THE COURT: The ?bjection is sustained; exception noted. The Court again repeats that the difference in the condition of this_ .particular decedent does not concern us, the Cou.rt, at this time. She rna. have be.en a very aler~, a very smart, a very witty la~y ,.. Anna Mary Schwendeman 16 in her younger years. And by comparison there would be much detraction in her appea~ance and wittiness and what have. you in 1966 or 7 or 8. But the compar'son is not material to this issue. It is not pertinent. It isr, t a: questio~ of how capable and alert she might have beL at one time compared to what she was at the time of tL execution of the Will. The whole question is, is she competent and· capable mentally I physically and alert at the time of the execution of the Will. It doesn't mat er how much difference there might be between that date and some date ten or fifb:ren years prior thereto; :wou could have a great deal of difference, which doesn't concern us. As long as you are competent and capablE of making ·a Will at the time that you made it. So the '. Court will.not permit,in this offer or in others that may_ be made, we will not permit the going back ten or fifteen years to show a difference in this decedent. We will permit, if I may1_ at this time1 we will permi the testimony as to the actions and the capabilities and soforth of this decedent within a reasonable time prior to 1968. And inasmuch---and I may say here now in this context---that inasmuch as we have a pri r Will, which I understand was some time in 1966, it i entirely proper to make comparisons of the two Wil1 e :$ z c > ~ and the various contents and provisiOns and dis positio s in the Wi~l to show whatever may be pertinent in the issue. And since we hayEt that will afthat date, we will permit testimony as to the capability of this dece ent in 1966, but only for that reason. Had we not had the '66 Will, we wouldn't even go back that far. MR. CARSON: Very well, Your Honor. m .. , z ' . . It . ~ (Continued ex~!!!fnationby -M:r.. Ca'rs on): i J ' 0 II-Q 1!1 ;z Miss Schwendeman, .. when did you first notice any change in the me al i: Ill ':( i!: ability of Stella Connelly?. ~ 0 Q: II-Ill MR. COSTELLO: If Your Honor please, this ·' 5 ,.J c is a leading quest'ion, so that we will object to it at ij c :I :"1 this time in that form. 'J: 1:. til lli ~'" THE ,COUR!t:: I think the question <is leadi g 0: Ill ... 0: 0 · and objectionable for that reason. The objection is sus ained; IlL Ill ,II! ... « exc~ption noted. But we :vould entertain a ques:tlimlan. tha, '.:) 0 0 .... is partly leading at this time in order to save us a lot 11( 0 ii: II. " ··o of going back and forth here. We'd entertain a questio which concerns the time on or about December of 19-- or the year 1966. Anytime in that year. We will ente~ ain a leading question as to what was noticed of this deded nt at that time. MR. CARSON: If the Court please, in the· nature of an offer, this wltness 's testimony would havJ ------~1----------------=-A:...:n;.::.;n;.::.;a~M=a=ry Sehwendeman 18 '.,,' ~. ' '!· .• :! z •It > ,.J >-Ill z z ill -II. i . ·' ~ Q z i Ql ~ ui 0: Ill 1-0: 0 D. A-. Ill ' • 0: Q 1-0: :I 8 A ... < 0 iL II. 0 " gone back to an ind.Eient in Septe~ber of 1964. Would [YOU believe that would be too remote at this time? Not qu 'te two y~ars prior to the execution of tlie '66 Will. MFt. COSTELLO: If Your Honor please1 that'~ four years prior to the one which is in issue. THE' COURT: Yes1 I understand. But we have a Will in 1966. We will permit tesu'mony as -' -,. 1 . to ~ctions of this decedent in the year 1964 . .. Thank you. Miss Schwendeman, do you recall the wedding of Robe t ~ Foley in September of 1964? -'ti ~ ~ ... Yes. ·'~ ..... :.-:. 1 :" Do .you recall a sho-rt :tiine prior to that wedding any change in the actions of Stella Connelly that you believe would be significant to ·this proceeding today? ··Yes.· . ·'.What ?h~nges_ did you notice, at that time? Well1 I had occasion to be with her driving heriback and forth to ' ,McKe.esport. AI?-d. she. would question me more than often abo.ut whEre we were1 going down and coming back~.r:;.She didn't seem to know the road we had traveled so many times~ Q Had she been over that road before? . A Yes 1 quite often with me. Q Did you notice anything else about her mental capacity at that time A She slept most-of the time in the car. I mean she dozed. And she Q A ~ z <( ;. .J ;i, ')-.. li):· :fr !Z.· !: }· z ',II ·t. .·1 i ' 0 .. " z 52 Gil < :: ~ I) . it ... (I) ll Q e· .J < 6 0 :I . •"l " .''l!: t. t'i oi 0 ,. ··:,· It u A .. ... m: 0 . 1!1. Ill .m: ... a: :;, 0 u .J < .u Q ' ii: .... .. · ~ .. ,, 0 A e Q A Q was always very . . . -. I Afma Mars Schwendeman . . · · ~~19 ,;,eticulou~ abou; hei ai)pearan~e and at that time time? I can't remember that.it was exactly at that time,, prior to the. . wedding. Bu.t it was about the time of the wedding# somewhere ;\'.: Wlth{n, r would,say a few weeks prior to the wedding that I had occasion • ' fl-f ' ' t~~:·"f ' ' ' ' . . <. . to go to th~: house to her home to. pick her up, and saw her without ' . . . her hairpiece, which I never did before. And she was very partie ar I ·about this . ·::. ; . '~ ,, Iri 1965 do you recall anything that you believe would be significantjj ... ~.~ ·so far as this proce_eding is concerned.? A~y observations of heJ on your-part ? w~·u, s?e ·c~me out of church_ one mo'rning alone and didn't s~em t khow where she was. And.! talked to her and asked 4er if! could help her home. ·Did she.address .you by name that morning? No, she didn't. I can't answer that. I don't know whether she did. ' II II . Usually, when I saw her I would say, Hello, and then tell her who I ~as. And then she would say, "Yes. II - . . At this time her sister Esther was still·living, wasQ.'t she, in '65? Yes. Was there any change that you rioticed in her condition.between '64 -------II-----..,...----------.:.;A!,!:n!!n!!a::..' ....=M,:;:;::::a.=..rY Schwendeman 20 '. . ;. -. ' .. .. and '65, -other than what you have already mentioned? A Not much. Q In your work as a medical technician, have you had any occasion A :!; z ~ ..1 :' ~ . '... (I t, •. •• z ' z "' a. i 0 I-t!! z :i tAl· c( .. . 3: ~: 2 Q It l-UI '' .c "'' . ...... ~ § ·c . , • :I ., ' l: ~ N u) 0: Ill .... . . a: 0 D. -.• '•l&f ~ ,. - ~ ~ 1-a: \' .5 ! . I 0 . .. cc 0 ~ 0 to work wittt elderly people? Yes. ... MH. COSTELLO:. If the Court please, if Mr. Carson is content to lead this woman as a lay witness • · •. we have no objection, but if he is asking her as a med ·cal '· -' ' .. _ technologist to give expert testimony, we will object. .We'd like that clarified. . '. If the Court P,~e~se, I believe she is competent to testify according t~ .her experie:nce and training. Naturally, she couldn't testify as a physician d'r psychiatrist: I make no effort in that manner. The < witness, in the nature of an offer, has had experience in working withsenile persons and she's had a senile member of her own fam'ly. ·I think she is certainly compet~nt to ren~er that as basis for her observations and conclusions concerning this decedent's ctondition. THE COURT: We will permit the questio . But she is still testifying as a laym_an. (Stenographer reads back last question): "In your work as a medical technician, have you had occasion to work with elderly people?" A Yes. Q And in working with these elderly people, have you worked with an persons who had been diagnosed as being senile? ,. .e ,. .. , . -~ .'. . Anna Mar Schwendeman 21 A Yes. · Q Without makl.ng a specific reference at thi~ time to Stella Connelly1 :! z -~ .... :-.(!) z z '-· Dil II. i ~-0 z i Ill o( :: ..: 0 i 1-!!• o· .J .cJ: § Cl ::l .. :t J-"' Q Ill oi a: Ill ·A 1-0:· 0 a. Ill a: 1-a: ~ ::;. '.0 u .lt'' e~: u ii:: .... 0 Q A Q A ' Q based upon your observations of these medically diagnoliled senile persons. what are the general characteristics of a person c8ufferin~ II from senility? MR. COSTELLO: If the Court please, we obj~ct .. ·''f r-- .•, ' to this question since it involves some medical knowlerge. · The question of senility is either or both a medic~l ter4m arid a legal term a·nd this witness as a lay witness is not competent to answer that question. THE COURT: ' . The objection is overruled~ We will permit her as a layman to des·cribe the manne isms and whatnot"of a senile individual. Wi~l you-. describe such mannerisms, Miss Schwendeman? .. Well. they seem to sleep a lot. And if you ask them a questioJili,1_ qu.estion them as to their name or where they are, they do,?-'t alway answer, but if you answer for them, then they agree that that's what they are here at a certain place or this is their name. Do they have a_ny characteristic posture about them? I would say kind of a slol1ching posture, kind of expres-sionless exp ession On their face you mean? Yes. Are ther~ any ot rer oeharacteristics of .Sr~nility that you can recal offhand? -'--------1 1---------------::A:..!.!!n!.;:n~a~M:!::=.a:r.y Schwendeman 122 A Well, I think as a layman I would say no. I have heard of other things but I don't think I could say. Q There was none other that you yourself have observed you mean? A Yes. Q With specific reference to Stella Connelly~. did you observe any ~ of these same characteristics or mannerisms of senility thatyou z <( > ,J >-. just mentioned generally? m . z z. ... IL A j' i . 0 II-11) Q Beginning in what year? z :t Ill ·:t :it A .I would say that I was aware of them, really aware of it right·prion 1,:: ~ II: ·:. · to ,this wed~ing because her sister and I were discussing it; about fl" !!! ' e .. rO ,J <( Q her being forgetful. Q :::> . ., Q Now what other characteristics besides he:r:-forgetfulness did you X "' I" N notice in 1964 or was that at that time? Of course, I believe you lfi ' rr: 1111 j~. rr: earlier mentioned that: she slept a lot. Very well. In 1965, what· ..0 .:4, 1111 ~ n-~ mannerisms, if any, did you notice about her? Iii: :::> •O I(} A Well, I had occasion w see her after church and to see her in the ,J <( i3 i.: ,. II.· shopping area of town and talk to her and she seemed to be confuse~ 0 as to where she was on a couple occasions. Q Did she have any expression on aer face at that time? A Well, I can't really---! think she just' looked confused when I savy her, is the reason I approached her. Q Now in 1966 in the early part of the year, what occasion did you ha~e to see her~when would you see her in 1966~ in other words? ~i:·,;.~-.~ · , Anna :Mary Schwendeman 2 3 ~~· --------~-1r---------------------~--~------~----~----------------------------~----- A When or where?. A I can't--! saw her. at home. I cant tell you the occasion, but it was ' several occasions that I had that I went to the home. Q Did she have any of these characteristics of senility at' that time A ~ z ~ 11) _z ~ Ill d. i ~ Q 1!1 z :c Ill >( -~ ~ A ~ ~ Q <(. 0 Ci :I ., ~ N ai a: , ~ A a: 0 ~D.• -.-~ Q. . 1-. - a: :I 8 A .I <( 0 Q iL IL 0 A Q thatyou recall, and if so, what were they? Most of the time when I went to the home she was sitting in the cha r or the-couch sleeping or half dozing_, I would say. And she didn't ·always know who I was until I told her. . . ' . -. And after you told her wh~ you were, do you believe she then knew who you were? There are times that I think she did and times that I think she did 't. ' . '-Would you say that these mannerisims of senility were any more frequent in 1966 than they ·had been in 1965., according to your obs r- vations? !·would say so. I believe a sister., ES±he;r,, died in ~he fall of 196 6,. is that right? Yes • When Esther was laid out, did you go to the funeral home? No., I didn't. _, Did you have occasion to visit with Stella Connelly or to see her in 1967? A I saw· her, yes. I saw her at ·church every Sunday and I saw her, I can't tell you a spe-cific occasion~ but I saw her. MR. COSTELLO: If the Court please, I c;:an''t r---------------=---------------------------------------------------~------- -- Q OQ ~ it ~ .Q ..1 < ti A Q ·.• - J5 A :I .. ., i5 " N ui ., 0: Ill I-ll:· 0 II. ~ Q 1-' 0:· :I 8 A ..1 cc u ii: ... 0 Q A . '· Anna Mary Schwendeman 24 hear. I didn't see h~r on any· specific occasion. I saw her at church ever) Sunday . . Do you recall when Joseph Connelly had passed awayin October of 1968? Yes. Did you visit the funeral home at that time? Yes· .. -'~ . Did .you. see Stella Connelly at that time? Yes. Did she exhibit or demonstrate any mannerisims of senility at that ·'time that you observed? I sat next to· her at th"e funeral home and she wanted to go home. Sli e kept _t~ll:l.ng me she wanted to go home. She didn't know where she I was arid she didn't know that w'as her brother that was laid out. ·, .. I .. -Ho_w do you know she didn't know that was her brother? I asked her when she told me she wanted to go home. And I asked 1 er if she'knew where she was. What did she say? And she said1 "Yes. 11 I said, "Do you know you're at Slezak's?" And she said1 "Yes. 111 I said1 ."We have to wait here for awhile." ·And she said1 "No1 I want to go home." I said1 "Do you know why you're here?'1 She said1 "No." I said, "Do you know who that is , over there?" meaning in the casket? And she said1 "No. I want to I .., ;· I, '' I ' ~· I . ;, I I I I e Anna Mary Schwendeman 25 go home. 11 -· Q That was her brother Joseph that you were referring to? -A Yes. Q Did she. eventually go home to your knowledge? A I drove her home: c Q. At that tfme do you recall observing any other characteristic~ of sEnility . z ·:( ::. ,.J )o !Ill :z: z ill II. i 0 .. C) z i: Ul < 3: .,: 0 it _ .... 'ijl 'a ... o:( iJ c' :I ., :z: ~ til ui .It: •Ill ... A on the part of Stella Connelly? :·,.wen,· I drove her home that night and she just seemed completely .,<.' ' .. di~~nterested; not like I thought she would be if she were really aware. that she lost her brother. . ~ ~ . ' MH. COSTELLO: If Your Honor please, :I thi Ilk that last answer is not really responsive. It's a·con- :; ~ ~' :·· · elusion on the part of the witness when she s.aid she seemed disinterested. THE COURT: '' It:• Well, it's a conclusion to . 0 .,r : ~ . ·, 11: . .. .. .•. some extent, but it's drawn from personal observatio 1 It: :I . 0 u so we will permit it. The objection is overruled. .I o:( i3 Q ii: ... Incidentally, did you have occasion to visit the Connelly home a 0 month or month and a half before Joe's death? A Yes, I did. Q And did you see Stella Connelly at that time? A Yes. Q And what was she doi.ng.w'hen you saw her? A She was dozing. . ' ' r-------------~,---------~------~--------------------------------------------------~------ -------ti-------,------"~At:lo .. --nna_Mar.,y_S.cll'f-e.n:d~rnan. _ __,. ___ __,_ _____ --l_2..L_ e . e "' ' Q And what vlas· the pos~.ure of her body at that time? A She was kind of with her, head back and dozing. I said1 "Hello11 to hEr. Q This posture of her head back and dozing~· isn1f that sometimes a A :!: Q z ot' > .J )o Ill z z Ill A _D. i 0 ~ Q i!) z x Ul < A ::: ti i ·Q 1-Ul ·c .J "' u i5 :I ., :1: 1:: N ui. ·a:: bl A Q • ~ ~ ·A '0 . . • '~ 0:: 1-.. 0:: :I 0 0 .J < u iL II. 0 Q characteristic of senility? Well, I r ve seen it a lot inpeo ple that they say are senile. Incidentally, am I not correct that you have ~ case of senility in your own home? Yes. . Who is that person? My mother Has she been diggnosed as being senile? Yes. Can you tell the Court of any characteristics thatyour motheT has thatyou saw the same characteristics in Stella Connelly? Well1 I think this dozing, and then the night at the funeral home, I. ,. :- noticed it because my mother continually wants to go home. And she1s insistent on it. And this seemed the way,to be the way Stella was. Incidentally, did you ever have occasion tc:> talk to Esther Connelly about Stella 1 s condition? MR. COSTELLO: If Your Honor please, this question has to involve hearsay. It has to be irreleva t to the issues at hand and the refore1 we object. THE COURT: The objection is sustained. .....---------.,.,------------~-------------------------------.--------, Q ~ z < > .J > Ill z: ~ z -bl II. i -o ...... Cl z i Ill < )!: .,: u it ..... Ill Ci --.J < i3 Ci :J ., % l:. \II ui. . IJe Ill .. It .· 0 .II. bl It· ... ·~ 0: :J 0 u .J < i3 ii: b. 0 e Anna Mary Schwendeman 27 If the Court please, not only-this witness; but several other witnesles are prepared, of course, subject to the Court's ru_ling, to testily as to statements that were made to them by Stella' Connelly,. I'm s rry, by Esther Connelly, by Elizabeth Co~nelly, by Joseph Connelly, b Mary Rita Connelly pertaining to the mental condition and difficulti s that they were ):laving with Stella during the last four'to five years of her life. I would submit that the statements were so well known and wide-·spread·in the community of Charleroi, and especially ·. ~ • or~ :t ~ . . . \ . among the members of St. Jerome's Catholic Cht!rch that it shoul fit into the exception recently enunciated by the Supreme Court in ,J,. ~-~ • • • ' the Chambers Estate to the effect that where such factsaare commo . . . ~-- .:~:: t . ~· -: ' .;. knowledge that the witness's testimony is more a !ll.att~r of recitir!J. facts it was common knowledge than it is a matter of hearsay itself. .•. MR. COSTELLO: If Your Honor pleas~, L ~ ·-........ . am familiar with this case also. It dealt with circum"'" ·stances entirely apart and separate. It did not deal·· .. ; ... ' with the 'questions of competency and is not pertinent o the issue at hand, as I am sure Your Honor has alread discovered by 'perusal of the case. THE COURT: The Court is rather famHi r with tli.e case too because it was our case, and it was this Court that was reversed by the Supreme Court,. although I believe on other matters. The exception I , to the hearsay rule that was enunciated by the Supre e Court in the Chambers case is an entirely different ----------~~------~-----------------hnn~~~-bwenq~rna.~------------------4 2.8_ :!!: ;z ·:( :> ,.J )< ll ;z ;z Ill ilL i· 0 If-!!) z ;: ~ ·:( s: ~ u ~ If-Ill 15 ,.J •:( .§ 10 ::1 . ., J: 1-)J'o. ~ ,.~ 1111 If-1: 0 111. ~ 0: If-0: ::1 0 IJ ,,J •:( i1i i;: IlL 0 •. Q matter from what we are inquiring into here. The exception to the hearsay rule in that case concerned . the knowledge iri a small community that a married loman could not have children of her own. She had been ma+ied for fifteen years and had no children. And the knowle; ge in the community that .she couldn't have children was enunciated by the Supreme Court as being an exceptio to the hearsay rule. We don't perceive that that waul I be in any manner controlling in the situation that we have here as to the knowledge in the community the size of Charleroi concerning the c{lpability or compet ncy • -1 .,_ of this decedent~ We are going to ru"le ;on the matters as they are 'presented before this Court, each ruling to effect the question as a~ked and the witness who is to respond. In this particular instance, we sustain the :. objection to this question. We don't believe that ·it is competent for this witness to testify. We feel that it is entirely hearsay. An exception is noted to counse! ~T I • Thank ·you. Miss Schwendeman~ based upon your observations as a layman of Stella Connelly. and based upon the experiences you have had in your work and also based upon the experience with you own mother. in your opinion was Stella Connelly competent to mak a Will on October 22~ 1968? A No. -------'1-----......l:.------'A~n.ynaa'""'M!Y.@.a;r:y: Schwendeman 2 9 ~ z <( > ..I >-Ill z z Ill ..,· ··;~ )• 11. i~ 0 ... Ill z :1: Ill <( ~ "" u II: ... > IJ),·' 0 e ..I <( ~·;_ Q :I "I . :t ~-.... .. •' .,; ._,. II: Ill ... I: 0 I. Ill II: ... II: :I 0 v .I o( u i: ~ Iii. 0 e ~- Q MR. COSTE~LO: Your Honoli·--- THE COURT: We will entertain whatever objection couns~l has. And if the ans"'.e r has to be stricken,, we will do so. What objection did counsel have? MR. COSTELLO: My objeCtion is, Your Hondr, that she cannot express an opinion on this regard, fir It qf all, because there's been no groundwork laid that immediately or within a reasonable t~~"_ "Pr~O~:!o}9_6q she had observed or had any contact _with the testatriJ. THE COURT: I believe the objection is· ·, -,. . well taken. We anticipate that,this witness may be ab e . ... J • ., ·"··.4-. • . to s<? testify but she has not test'i'fied ·as yet. : . , ·~ . If the Court' please, the testimony concerning~'nckknowing" a b:f'othe ~->, . . .. '~ . .. . . ·..-· '( Jose ph took plac~ after his death on 'October 7, 196 8; ~rid tp.e Will Q . . . which is now at issue was allegedly executed two weeks later ·on October 22. THE COURT: I don't know that the date c if' Joseph's death was included in any of the questions of this witness. At least the Court doesn't recollect. If we ca.n fix that date and you have it, perhaps the question would be relevant. Q Your Honor, in that respect, I w auld ask Mr. Costello to stipulate then that Joseph Connelly died· October 7, 1968. ~---- Anna Mary Schwendeman 30 MR. COSTELLO: There's no question but tha he died on October 7 of 1968, Your Honor. THE COURT: . With that stipulation on the record, we believe that the question is proper. The answer given to the question will therefore remain in the reco.rd. Miss Schwendeman, based upon the same knowledge and experiep.cE as you have had as I mentioned in my previous questioq., in your ... opinion was Stella Connelly competent to make .a Will 'on December 6, 1966? MR. COSTELLO: If. the . ~ourt ple,.s e,· ·we woi!d. ' object to this for two reasons; First of all, there's ~. ·· been no te~timoriy ~dduced that she had any r~asonabl~ or frequent contact with the testatrix in 1966 whatsoefer. Anq secondly, well, that's enough for the moment. I lon't want to burden the recqrd. THE COURT: The objection is sut>cta.:ie.ed. Although we permit certain featur,es of the decedent's life to he brought on to the record in the year 1966; specifically, the Will which was executed in 1966 is not in question. We are not here to prove that that W ll is a. good Wilh The Will may be permitted later for purposes only of comparison. But we are not going to go into the issue of proving the validity of the '66 Anna Mary Schwendeman .Will. So therefore, we will not permit th.e question. Q Very well. Miss SchwendemanJ did you have occasion to see Stella Connelly after the funeral of Joseph Connelly in 1968? A No. Q You may cross examine, Mr. Costello. i e CROSS EXAMINATION BY MR. COSTELLO: C) z i ~ Q Miss Sdlnwendeman, you began to work at the Washington Hospital 5: ~ 0: ... Ul D A ..l < ~ c Q :l .., :!: 5 A ui 0:: ~ Q 0:: 0 II. ~ A ... 0:: :J 8 Q ..l < o A iL IL 0 Q A Q A in 196 5, is that right? Yes . As a medical technologist, you assist in performing various tests? ... Yes. Take blood samples 'i' Yes . Run laboratory experim1ehtJ.s for the Pathologist? Yes. You have been a close_friend of Mrs. Foley fo"r some years, particularly since you worked in McKeesport, right? Yes. As a matter of fact,. you even check her blood for her, haven't you? Yes. Q Visit ther:e frequentiy?. 31 ' , Anna Mary Schwendeman 32 " A Yes. Q And your v~sits, your opportunities to make a personal contact witl'· Stella Conne_lly in 1968 were very i~requent? A Yes. e Q You.saw her at the funeral home the night before her brother's fun ral? . , A Yes . ~ z < Q > .J And bnly on rare occasions in the intervening three or four years? > 11). z z A ,liJ 11. Not rare occasions. I saw her every Sunday.. ·' · _...;. i 0 Q ... But to talk to ? r''' ,._ .,.. .,· I!) z :t A Ul < I talked. to her usually. 3: ...: Q ~ She was usually accompanied by some other member of her familyJ 0:. . . . ... !!! 0 ' ·~ § A 0 :I "'' ·:r . ~ Q (II You saw her less frequently in 1968 than you did in the prior years? ui 0: A Ill ... Yes. 0: 0 Q, Ill Q 0: . . I don't think I have any other questions of this :w~tnes~, You:r Hc;mor. ... . 0: :I 0 u Thank you. .J . < i3 ii: II. 0 REDIRECT EXAMINATION BY MR. CARSON: Q Just a couple of questions, Your Honor .• Miss Schwendeman, has there ever been any ill will between you and· the Executrix, Mary Rita Connelly? A Not to my knowledge. ' Q Has there ever been any ill will to your knowledge between Olivia ,, ... ---- Anna Mary Schwendeman 33 ·Foley and Stella Connelly? A No. Q When you would see Stella Connelly in church in 1968_, was she eve:r_ accompanied by Mary Rita Connelly? A I never saw her. < Q You say you did see Stella almost every Sunday? z o( > .. > A Almost every Sunday .. (I z z tl 11. Q Thai's all. i' 0 1-0 MR. COSTELLO: I have no other questions, Your --Honor. z % ' Ql -~ THE COURT: You are excused. {Witness excused). Mr. Costello_, may this witness be e~:cused so she may go to the hospital? We would certainly have no objection to that~ Your Honor. IIi m: ~ MR. CARSON: At this time I call Nora C. Riley. m: 0 a. Ill a: 1-a: :I 0 u ~ NORA C. RILEY IS CALLED AND SWORN. 0 ii: -~-DIRECT EXAMINATION BY MR. CARSON: Q What is your name? A Nora C. Riley. Q Where do you Live_, Miss Riley? A 719 McKean Avenue_, Charleroi. Q Am I correct that that'.s right across the---that's right up the stree e e Nora C. Riley from the Connelly home ? A Down from Connelly's home. Q About how many doors away'? < z A Q ~ ~ A II z z ~ Q i 0 -~ A z i II ~ Q 't ~ A !!! a .. Q 'o( u· ii A :::r ., ~ . .... 1'1 i Q m: II ~ ·A 0 II. Iii m: Q 1-m: ::. 0 u A .. <C u iL Q II. 0 A Q A Q A Q One. They are 717; I''m 719. Will you speak up so Mr. Costello cah.hear you? 'IDhank you. dentally,, did you know Stella Connelly? Yes, I knew her very well. Were you related to her? No, sir, 1 was not. Incidentally, is that Miss or Mrs. ? ·Miss. Thank you.· When did you first meet Stella Connelly? Oh, a long, long time ago; I. think along about 1904. And of what church are you a member? St. Jerome's. Do you work ? I don't now. But I did . Where did you work? Corning Glass. And I worked for doctors. What doctor did you work for? I worked for Dr. Smith and I worked for Dr. McNulton 30 years. In what capacity? Dentistry and medicine. What work did you do for him, for the doctor?' ~----- 34 ----- Nora C. Riley 35 A Just assist him with broken arms and broken legs and soforth. Q Did you work in the same office or same department as Stella • ' Connelly did? ' A I did not. e Q Where did you work? oi A She worked in the pay-roll __ office and I worked in _the polishing z ~ department • ... > ' . ' !I . ·' z ' z .. . !,;· ' ,... Ill Q How long have you lived at 719. McKean Avenue·?· ~-''" . II. . . . . ., i . ~ . . .. '· 0 " ... A Since 1955. 1!1 . z i: - I Ql Q And where did you live before that? <C •' 3: > . ' t ·• ~ ,. A I lived at 120 Prospect· A venue. ! ii: . ... . ... " Ul •' Ci Q Did you and Stella Connelly belong to'~~·~y 'of the same _ch~~ch organ i-e ..1 < u c ·' " .. ., Q zations? :J . . ... X 1:: A Yes, did. We bel•jnged to two. 1!1 we . ai . ~ .. . a: . • . "' Q What were they? ... . a: 0 .. 0 '' ' a. ,. Ill 0: A One was the -young ladies' Sodalit~'7 and the other. wa..s the Laqi~s ·I ... . cJ a:. +;, ::1 0 Catholic Benevolent .A.ssociation. " u .il <1: u Q Were you an officer of the L. C. B.A.? I ii:: ... . . 0 0 . I A Yes, I was. e Q What office was that? . I A I held Treasurer's. I I Q And over what period of time wereyou the Treasurer? I A I was the Treasurer for ~5 years and I had retired in '68. ! I Q Now during· any part o{ that time~ was Stella Connelly an officer of . I I Nora C. Riley 36 the L. C. B.A.? A Yes, she was the Financial Secretary. Q Do you remember what years? A I couldn't remember that. Q Incidentally, what is your age, Miss Riley? How old are you? A Now? « z « Q > .I Yes. > m z z A Ill . I will be 83 years old next September, if I live. .. i <0 Q II-~ Thank you. During the year 1968, how often did you see Stella. .. z i: Ul ·I( Connelly? •:= I~ A u i!· Well, we generally met ever~ morning. I'd go to church every II-!!! Q e· .I c( . , § c :J morning and she wouldn't go with m~_.because I was gone before her, but we always came home together . ..... ~ ~ .1: "' Q .... ~ When did you first si~art going to church everyday with her? ui ·II! A Ill 1-Well1 I couldn't just answer that question justtoff the reel, but if II! 0 ~ ]II 0: was p;eet'near everyday. • 0 ... a: :J 0 Q -0 Approximately what ye.ar did you start that?' .I c( -i3 A iL ... After I moved down to 719, becairs::e I lived out o~ Washington Avenpe. 0 I Q· e A When did you move to 719 McKean? '55. Q So between 1955 and 1968 you saw Stella almost everyday? A Right . .I ., Q When you first met---strike that please. When you first moved doVi n to McKean Avenue in 1953--- ----------,-,-------c------1 -------------------------------,--------, -------;I-------------NoJ:!a_c_,_Rila;J-v _______________ ___,1_3.J_ ::! z < > .J > Ill z. z 1.11 D. 2 0 }- CI z i A '55. Q I'm sorry1 '55. What was Stella Connelly's condition1 her mental condition? A MR. COSTELLO: If Your Honor please, this question is objected to for the reason that it is too re ,note in time and not relevant to the issue.· THE COURT: · The objection is sustained; exception noted. ~ Q -;:: Miss Riley~ whenever I ask you a question and Mr. Costello makes an objection~ as he has every right to dol please give him a chance to finish. . A I didn't hear him. \ Q In 1968~ did you hav,e occasion t<? make any observations of Stella's mental condition that would c:tid you in givit:Ig an opinion to this. <=;,ou t ., of her m erital condition? A No; I don't recall. Q Did you; understand my question? A Will you repeat it? (Stenographer reads back last question:) "In 1968, did you have occasion o ·make any observations of Stella's mental condition that would aid you in giving an opinion to this Court of her mental condition?,, Q Do you understand my question? A I don't know what you mean. e ~ z o( > .... l-Ill -z z Ill IL i 0 If- G z :r; Ill ·:t s: ..: I) ~ 1-Ill D e .... o:( ij c :I ., 1: ~ l\1 IIi 0: Ill 1-Ill: 0 A. 111 Jt: J-a:: :I 0 0 .... o:( 0 ii: II. 0 ' e I Nora C . .ijiley ___ ---'-~--__;_......._ ______ -1-~38~- Q In 1968, what differences, if any, did you notice about Stella's - Q condition as compared to the years before? MR. COSTELLO: If. Your Honor please, may I interpose an objection? This, again, is irrelevant am not material to the issue. It's so vague as to almost preclude an answer. I have no objection to the witnes1 testifyingto what she observed at or about that time, " but this is afi~hing e~peditiori.. ' "!;·. . ... / THE COURT: The objection is sustained. We will not .permit a comparison unless we know wha·t .·· we are com paring with .... ' ' .. .• ... Very well., Your Honor. Miss Riley, what was-Stella'.s mental ., ,·-.. . . ··,.. condition in 1968 as compared to wh:;tt you had observed it to be · in 196~? '..~:: i .. MR •. COSTEL~O:. If Your Honor pleas e,··we ~ .. think again this question is objectionable for the'reasbn that she can testify to wha:f she observed, but to let ' . . ~ .. a lay witness testify to mental condition without any I • • indications of observation seems highly inappropriate " THE COURT: The obj ~ction is sustained; exception noted. Her mental condition can only be testified to by ·a layman from observation of things which would lead her to believe what a mental conditic n . ' is. But to give the mental condition itself is a conclusion ·)e ~ z '( > ..I )o 1!1 z z llil D. i 0 .. " z i 1!1 o( ~ t-= tl iii! 1-. (I) e ,C ..1 o( i3 c :J ., ll: 1:. I'll Iii m: Iii 1-m: 0 II. 'tl m: 1-m: :I 0 0 ..i o( 0 ii: 1&. 0 Nora C :· .IUley which a lay~an can~ot do. Q . Miss Riley~ in. 1968, that would b'e the year that Jose ph Connelly died1 did 'you notice anything about Stella's condition thatyou believ i~ im P.ortant to this matter today'? lVIR. COSTELLO: .. If Your Honor please, we . ~1 - will'again object to this .as being a leading .question. It is calling for a conc"lusio~'on the ~a~t;:of the witn:s1 not being at the issue. '. ~. _ .· .. ~ ;-· ., •; ,_ ' . •. ) b" ~"'; ~ .. ~ and ' Q ~~ · THE COURT:· :-· ~·.The 'objection' is overruled; · exception noted/,p We·will permit her·to .c:tnswer that. ., • II'" ... '. \< Will you re~d :that question~. M~s •. H~~n;oiid? '· {Stenographer reads. back last q·~.J~stion): "Miss Riley, in 1968, that would] be the y.::ear that Jose {il Connelly cl+ed~ did Y~.u po,tic~. an~hi~gabout Stella s . "".: t conffiition that you· believe is impo-~tant in this· ~atter tofiay;?" . ' ' A She wasn't herself. I can say that. Q What do you mean by that ? . ... ' ..... ,• . ... A . I can say she-.:.-while working with her: going to chu.rch 'with her, ,, was quite a ;difference in '.6·8. • < ' ' ... In what ways? She didn't remember. ·She didn't remember what?· vyhat.eve~ yve talked about, she didn't rem~mb'er. . . Could you carry'on a conversation with her in 1968? Not very much of one. I ~ad to. do all the talking. ::. • 1,.: 0 ii: 1-!1) Nora C •. Riley 40 you· Q Did she always know who/were ? A Sometimes she did and sometim.es she didn't. Q Miss Schwendeman testified that Stella dozed a great deal. Did you ' ever observe this yourself? . . . MR. COSTELLO: If Your Honor please, this is leading and objectionablfF for that reason. I submit ithe witness was here, Your Honor. THE COURT: The objection is overruled. You are <?a~ling attention, of course, ~o the testimony of another witness, but we will hope that this witness wculd . . . ;, - give her own factual situation. 0 Q .J •:t Will you read tf1e question for her, Mrs~ Hammond? iU 10 :J '"l r ·. . -. ·..- (Stenographer reads baclk)ast question): "Miss Sc~w.Emdeman tes_tified l5 that Stella dozed a great de_al. Did you 'ever observe this yourself?" I did, everyday. She'd sit in the seat in front of me and she'd be nod_ding and sleeping everyqay it?-front of me. When did .. you first notice this habit ,of hers of dozing? Oh, I couldn't·jy:~t recall. We was together in· the morning. I don' -~- know what. month it was. Q Would you say it was before 1968? A I would say '67. Q Would you say it was before '6 7 ? A I wouldn't say, because I don't know. I don't recall back that far. Q Very well. When you went to church with---I'm sorry1 I believe Nora C. Riley 41 you testified you came home from church with Stella. A .Q Why would you bring her home from church? A Church was over and we just had to getout. We went down the hill together. Did she always get out? Oh, yes. We always came out. Did she ever leave befpre you -di~ ?. Sometimes. Did she wait for you? • I Mostly. "' " ·-·~ ,_ This would be in 1968? Yes~ . t. -, t -· t'-. Were you ever in church when Stella took eonfession? -' ·-· I was once. I was up at chur_ch when she came out. I was coming out, · .. , she was co'ming back in, again.> So I can reca~l just that one time. How do you mean she was coming back ih again? She had gone to Confession and had gone o"ut and she came b~ck anc went to Confession .again. Is that unusual?- It's un~sual, yes. Once is enough to go to Confession. MR. COSTELLO: I can't hear you, Miss RilEy. A Qnce is enough to go to Confession. Once on a weekday or whatever day you go. : e ·' e e Q You .said that Stella was forgetful. What would she forget? A Well, whatever we talked about~ she'd forget;she 'd say1 "Did I tel you that?" Or "Did you tell me this?" Or '!Did you tell me?" Th!it 's '; all I can tell you. Q And when did this condition begin? ' . A o( Well, I would say in about '67. z o( > Q .J )o Did she ever forget any items of personal belongings that you reca ? Ill :z z -A 1111 . What did you say? ~ i 0 1!-1!1 z x Ill o( ~ ~ ii: .. !! Q .. o<( 0 0 :I ., :t ~ Ill ai' 11:: Ill .. a: 0 II. Ill a: .. a: :I 0 u .J o( u ii: 1&. 0 '" ,, . Q -~ ' •; 0' •• ' #'-... Let her read it but don't answer because.Mr. Costello wants·to ma~e a comment. MR. COSTELLO: Go ahead. (Stenographer reads back last question): "Did sh~ ever· forget any items o personal belongings thatyou recall?" book , • A Yes. She'd forget her pockey'and leave.it :in church occasionally. Q A Q A Did you visit the funeral home when Joseph Connelly was laid out? . ·• .. ... .... . . ~ ~ . ·' No, I didn't. ,_ ,. " -' Did you visit the funeral home when Esther Connelly was laid out? Yes, I did. Q Did you see Stella Connelly at that time? A I seen -her when Esther was laid out. Q Did you notice anything unusual about Stella's actions when Esther· was laid out ? MR. COSTELLO: If the Court please~ this is objected to for the same reasons as set out earlier ------------~~----------- ------------~~------------,---------------------,---- Nora C. Riley 43 that ifis remote in time; this is back in 1966, Your H nor. THE COURT: The obj echor1: is overruled; exception noted. Q Read the question back, please. ·e (Stenographer reads back last question): "Did. you notice anything unusual .. ! about Stella's actions when Esther was laid out?" z: < > .J >-A Well, particularly sh.e didn't know who it was. She didn't know her Ill z z Ill IlL cousins were there. '· :i 0 II-~ ·Q When you refer to her cousins, are two of them in the Cou.rtroom z i Ul· < == here today? tr= u ii: A I couldn't tell' you because.~! don't know them. 1-!!! c e .J < § .MR: !COSTE LLq: ' I beg your pard.bn? J didn't a ::1 hear that. -, ., :t 1:: Ill (Stenographer reads back last answer): "I couldn't tell you because I don't ui ',. a: Ill 1-a: know them. " 0 IL Ill ( a: 1- IVIR. COSTELLO: .. ..,. ~. ·rr·Your Honor please, then a: :I 0 u we will ask that her answer to the previous question .J < 0 ii: II. be stricken since obviously she must have obtained 0 that knowledge by virtue of hearsay, when she said e she didn1t know her cousins who were there. Q I understood the witness to say she doesn't know the cousins today THE COURT: The objection is overruled :We ha-ve nothing in the testimony to show that these cousins are the same cousins. ,-------------~~--------------~-----------------~------------------------------~------- Nora C. Riley Q Very well. You may cross examine. MR. COSTELLO: I don't .llulve any questions for Miss Riley.~ Thank youJ Miss Riley. THE COURT: You are excused, Miss Riley. (Witness excused). ..._-. ' JOSEPH L. CONNELL IS CAL~ED:AND SWORN. DIRECT EXAMINATION BY MR. CARSON: Q What is your na:ne? . d~ • .-~ •' I .. .. . A Jose rn L. Connell. \ .. ·• '•' I ' ; •' Q ' A Mt. Lebanon. • ! . ~: . Q Are you or were you. related· to Stella C6n11;elly? A Yes.· Stella was my aunt: She wa~ my mother!s sister.·. · Q When did you first know her? -· •'': '"*: A Essentially, all my life. Q At that time where were you living? A North Charleroi. Q Am. I correct that your mother and Stella were sisters? A This is true. Q What is your occupation? A District Sales Manager for Wheeling-Pi~tsburgh Steel. Q Have you been here all morning? .. •' 44 Joseph L. Connell 45 Yes: Mr. Connell, are you aware of the purpose of this proceeding today? Yes. In the year 1964, did you observe anything concerning Stella Connely thatyou believe is .significant with respect to _this proceeding today? lVIR. COSTELLO: If Your Honor pleas e., we will object to this as being ;r-emote in poi1n1i: of time . The Will in question was da~ed 1968~ The question is . .. . . dfre6ted·to ·1964. THE COURT: ;exception noted. The objection is overruled; I have already testified that I knew ~iss ~onnelly real well. She • was my aunt. In 1964 I saw her three or four times for one partictlar reason; we were trying to get Stella to _come down to our-place, wh ch we had moved to Mt. Lebanon in 1962. Essentially, in July of . 1965,Stella Connelly,.· as·iwell as Mary Rita, Esther and Joe Connel y . . came to my house ac.compani~d by Mrs. Foley . At this time Man Rita and Esther both told me not to pay any attention to Stella if she dozed off occasionally, that this was du:e to her illness. Now when you say Mary Rita, areyou referring to the lady. sitting to Mr. Costello's left? A That is correct. Q Di.d Mary Rita tell you what illness this was;? A. No. Joseph L. Connell 46 Q Well, what did you yourself observe about the' conduct or manneris ~s of Stella in 1964? A In 1964 Stella seemed to me,as a layman, to have failed. In 1965 A Q during_the visit with the family mentioned before, Stella dozed just as Mary Rita and Esther had said she would. She sat in a chair in my livingroom and dozed off. Starting in 1965 !'could not basically communicate with Stella. What do you mean: by that? . ,. . ~ " I mean by communicat~/·I could ask her a quest~_on and !'would not get a direct answer. Now Mary Rita and Joe and Esther were both ... . ' '., . .' . '~> -~ • ·-.. ,_, .. • ·. ' 1; ~ or all,; ,I should say, nic~ at the time/ !hey would try'·tbinterpret •· ~-.\h . ·~ . <._, the que'stion for Stella. This is starting~in.·f965, and par,ticularly '::~. . ~-1 l 1 ...: . .._, •. ' ' noticed.'during the ~ri~it_of the family to my h'oj.me. From that time . on1 and I use the ~~rd··comrhunicate, I was unable to establish -~ :.:~ .. , ~ communication with ,Stella. Now when you use the;_wor.9: interpret,' do yoU.· mean from a differ en '"~ : .. .. f~ language? . ·•. •, . A No. They would translate would probablybbe the better wo:Vd~ trans ate ,•. to Stella whatmy question would be1 rattier than interpret. Q It was all in the English language? A It was all in English. And it"was a translation trying to make her understand what I was asking. Q Were you present at Esther's funeral? A Yes 1 I was at the funeral home. And after we left and came back ----------~r---------------------------------------------------------------__ , ______ I . l I r-----------~------~----~J~o=s~eLp~h~.L~·-C~o~n=n=e=l~l----~----------------J--~4~7--· :!! z oct > ..J ;.. ·II ·z z 1111 ,II. i. 0 !-C) z x In < 3: .,: 0 i t-!!! .0 .J oct § -Q :I ~ :1: 1-" N ui a: Ill ... a: 0 II. Ill a: ... a: :I 0 u .I < ij ii: IL 0 after Esther's funeral we went to the Coimelly house at 717 McKean and I was really startled by what occurred there. As I was standin; in the hall~ I heard Stella ask Mary Rita and Elizabeth, I believe, who I was. Then they came to Stella and told her who I was. Q How do you know that ? A How do I know? Q That they told her who you were • A While I'm st .. andin~ ~pere .. ,in the hall~ Mary Rita .a~d I think it was . ' Elizabeth cam.e· up to Stella and told her,; "Why,. that is Bud." . Q That is your nickname? A Tha~'s iny nicknam€. Q A Q A Q A Fo·r the purpos'e of identifkatiori to the ·court~ H nothing else., am ~ ~ ,. •• ,> :.. . ~ ·.; ---l. .. ' I correct that besid~s working f~r .Wheeling-Pittsburgh Steel, you are also an official of the National Football League? , . , That is correc~1, ?oward . ,. .... p : , .. . ·'· . . '· When ·did y~u .next· s~~ ·stelia after Esthe.r's death? After Esther's death I sa\v Stella two or three times and I can't be specific about _this, Howard. What was her condition on those occasions as you observed? As previously testified to, Howard, I could not basically talk with Stella and get w hatyou would call would be a sensible answer. At this ti'me when I tried to communica1ieran:l::i one of theother mem bert: of the family, namely Mary Rita., Elizabeth or Joe would be aroun , . and I---they would try to help her. And I don't think that she ever Joseph L. Connell , · 148 ~----~r------------~~~~~~------~~----~ e ~ z < > .J )< Ill z: z Ill IL i 0 ... " z ·x Ill < :~ .: 0 0:: ... Ill 0 .J o( § 0 :;) ., :t t .., ri 0:: Ill ... 0:: 0 II. 'Ill 0:: ... 1: :;) 0 I;) .J o(• jj i: .. 0 e basically understood what I was trying to talk to her about. And at . that time I feU it much better not to'lr; to have ctiscussi~ns wit!Fhef. It was during this time too that she would doze off; again~ she would be just.dozing and someone would say something to her, at which time she would wake up .. Q Did she know who you were on these occasions? A Howard, from the signs on her face, if there is su.ch a: thing of any sign,of recognition,_ t[lere' v5as''no sign oforecognition on her fac ":. il. ~· -·"'.' ,' -~' ,. ~ r ... :•,. 4', •" • r ~ Sh~ 'cou.l~n't cins~er me. So my owh nonest:opir;lion is that she didn' . kn9w exactly who I was .... ~ 1·-l'~ Q ·· Were you present whe.n',Jos~ph Connelly was l~~Ci;,out at the. funeral A Q A Q .home? .... ' i I.·wa·s present vvhen .Josepn was laid out. "' ~ . ' • ~"¥ Incidentally, what funeral home was that? . Slezak's.:. .~ ., '. A Yes. Q Did you have c,tny conversation with Stella at that time? ... ' ' • t,' ' f, • A Elsa, my" wife and I had talked, tried to talk .to Stella. We had sat . ' with her for a few minutes. We were at the dooJ' talking to some . , . friends when Stella came over and asked us who ·it was in the coffi ·. And realizing her condition, there's no way thatyou could carry on . . . a conversa.tion fr'om that point. Q Did you tell her who was in the coffin? Joseph L. Connell A Yes. I do not think she understood. Q Did you ever have occasion to see or talk to Stella afiter Joe's 149 funeral? ~ z o( > .J >-1111 A z ~ Q Ill. i 0 ... 0 z i 1111 ~- Within a week or two after Joe's funeral I took Ol.ivia up ·one day, t the sita.ation as far as I was concerned was a complete blank and still the same as I have already testified to, .Howard. Her physic health appeared to be about the same. But I could not talk to her and receive ~·reply. Eross exarnine .. .- ~ ·CR'OSS EXAMINATION BY MR. COSTELLO: ii: 1-~ Q Q .... o( u Cl :t ., ll: . ._, t.: A Ill ui ~ Q a: 0 ~ A~ a: ... a: 5 Q 0 ..J[ <~: u A ii:: ... 0 Mr. Connell, you have not lived in the Charleroi environs for som . ' cons.iderab_le length of_ time now? .r Since 1954. ', •,· You 'were in.Warren, Ohio for an extended period?. . . Th,at is correct .. • '!":·,..· The·n Mt. Lebanon E'ince that ti~·e? "'-' That's correct. I'm in the area quite a bit due to my work, Mr. Costello. II t I Q Youriinrlication was that you saw your Aunt Stella two or three tim _s after! your Aunt.Esth.er's death in 1966. A That is correct. Q At least one of those occasions was when her brother Joseph had died, your Uncle Joseph had died ? r-------------rc,------------------------------------------------,---- Joseph L. Connell A No. I would not say that;! would say two or three ti rres other·than when Joe died. Q The home in which your Aunt ·.stella lived was the family residence, as I understand it? . A This is correct. Q Where she lived all her life? <( z <( A > .J This is correct. A~ least from the time I knew her, John. > II) 2:-2: Q 1111 Q. ·Your Uncle Joe also lived-there all the time you knew him? . ) --; . i . ~ 0 A II-Yes. i!) z i Q IJl <( And Mary Rita also lived there all the time you knew her? 3: .. .,.: A .• ll That is correct. it ... ;-•, • ·m • Ci ::,Q .J That's all the qu.estio~ I have, Mr. Co-nnell. Thank you. <( § Q ':) ,.., :r {:: N ui a: Ill ~ REDIRECT_EXAMINATION BY MR. CARSON: 0 D. ~ Q ... a: ::l 0 0 .I <( o A ii: IL 0 Q A Q Mr •. Connell., just two-qu~stions. ·Did you ever have any dlificulties • t . or ill will with Mar-y Rita? None w lntsoever. D~d you ever know of any ill will between your Aunt Olivia and you1 Aunt Stella? Not that I knew of. Does Your Honor have any questions of this witness? THE COURT: No. Q That's all, Mr. Connell. Thank-you. 50 Alice Hantisse 51 THE COURT: You are excused, sir. (Witness excused. ~) MR. CARSON: Mr. Costello1 should it become necessary for Mr. Connell to leave., do you have any objection? MR. COSTELLO: I have no objections to his leaving. .$ z <( > .. >-Ill z ALICE HANTISSE IS CALLED AND SWORN. z Ill D. -i .. DIRECT EXAIVIINAT{ON BY MR. CARSON: _ - ' ~· ,· ~· . ,_. 0 1-,. C,!) z x QO What is your nall)e? Ill <( ~ A Alice Hantiss e . .,: u ii: 1-Ill Q Where do you live, Miss Hantisse? c .. <( u A 800 Failowfield Avenue. c :J .., :1: Q Incidentally, that·is Missi isn't it? ... ..... Ill ui A Yes. 0: Ill 1-0: 0 D. Q Did. you know Stella Connelly? Ill 0: 1-0: .A Yes. :J 0 u .. ~. Q . . Were you rela~ed to her'? u ii: II. 0 A Q When did you first meet her? A We were youngsters when we went to the Ninth Street School togeth=r, her and her sisters. Q Of what church are you a member? A St. Jerome's. _______ 11_......;:lQ,.__ __ _:..Wh:.-=.at is your age? i --------------------~---1 ' Alice Hantisse 52 . A I will be 79 this month. Q Do you work? A No. I'm pensioned off now. Q e ·A . Corning. o( Q Did you work with Stella Connelly? z o( >. A ..1 >-No, I didn't. I worked in the Decorating Department . !II :z z Q Ill 11. Incide~tall;Y, do y?u" understand the nature of this proceeding here i 0 1-I!) today? z x VI A o( ~ Yes; I do. .,: u Q a: .. In ·1965 did you ha~re occasion tci'go biD. 'a trip with Stella? .. VI 0 A e ..1 < ij c Q :J ., Where did yo~ ~go.'? :1: ... .... A 'Ill Stella and Esthei> we went to St. Emma's, that.'s on the outside o:f ui a: Ill 1-a: ,·--:.-; ~ Greensburg, to a church retreat. .. 0 11. Ill .a: Q ... How long were yo~ there? a: :J 0 A u ..1 We were there eight days . < ij Q iL ... . Did you notice anything that you considered to be unusual about 0 I l e A Stella's conduct at that time? Yes, there was. Q What was itJl ~· A She would not stay when we would go ~n for exercises, she would get up and walk out. And after the exercises were over, we had tc go and look for he~ up in the orchard or on the grounds. I Alic.e Hantisse 53 Q Wnen you found her, would she give any explanation as to why she had walked off? A Noll sir. We would .get her by ,the arm and walk her back to the Retreat House. e Q Did you visit the funeral home when Esther was laid out? :! A Yes, sir. z <( > Q .J )o wa·s §tell~ there? IJl z z A Ill II. i 0 Q .. G Did you o.bser~e anything that you consider~d to be unusual about z i Ul <( 3: her actions at that time? .,: A 0 ii Well1 I wasn't riear Stella. J came in~ I was morenear the doorway .. Ul 0 e .J <( 6 0 Q :J .~ of the other room. When did you retire from Corning? ., :t 1:: A Ill In 19~6. ai 0: Ill Q .. 0: . . And wheri did Stella retire? 0 II. Ill A 0: .. ' Well~• she retired.befor'e I did. I can't ~xactry· say what date~ but 0: :J 0 0 . ' it was before I did.: .J <( 6 Q ii: Ll. Now in 1965 how often would you see Stella? 0 A Welli we'd see each other quite often. I would ·see her on the streEts e and I usually walked h~r down to the home. Q Why would you do that? . A Well~ sometimes .she seemed confused. Q How could you tell? A Well, she'd be stmt~.~!:!ng looking around. ------H---'----·· ·-·----------------------------1---I I Alice Hantisse 54 Q Did you ever see her in church? A Yes, sir. Q Did you talk to her in church? A Well, she never sat where 1·did. She either sa,t before me or in back of me·. Did you ever observe her taki~g Confession? Yes, sir., There wa~ a Holy Day and she came in and she went in f;:", and·out four d.ifferent times,' The fourth,time the Priest left the • ~ .. _ • ,-~--4 • ., .~ • ~ ,· .. , • ""..-- Co~fessio~al and got ·her\;y the a·rm ~~d led her out of the church. Now 1 don't know nothing beyond that. I' .I . ; '" ~ Can you tell us approximately when that was? . ' . • .. -~-·~ No, 1 can't exactly.· .... ~. .. Well, d~ you,think it would be :before or after Esther died? That was 'after·Esther's death. Would it be before or after Joseph. died? .. ---. .,.., ~ 'Yell, I jusf can't answer that.. .... .. '· ·-·; Did you· ever se'e her take Confession more than once on any other occasion? No, '1 didn't. 1 believe .that you testified at a Deposition in my office last Noveml:: er, is that correct? A That's correct. Q And on that occasion am 1 correct that you described Stella as she wasn't herself? ------------~~----------- a· •• 1-0: :I 0 0 A ~ A u ii: ... 0 Q A A1ice Hantisse 55 That's true. · MR. COSTELLO: If You:r: Honor please., this is his witness and he .can't use the Deposition for this purpose. We will object to it for this reason. It's ce tainly leading .. t" THE COURT: The objection is sustained. " May I make an offer , Your Honor? .THE COURT: Yes, you can make an offe . I was going to ask herwha~ she meant by that expression. THE COURT: No. Very well. '~Miss Hantisse, .~n the year 1968, .did you visit the funeral hom~-when Joseph was. laid out? ' r ' ~;• ~ · ' Yes, 'I did.' " Did you talk to Stella at that time? ' I sat beside her. But ·she didn't talk. Was there anything unusual about her ·conduct at that time that you .. obs eryed ? She only said1 "Go home." And I'd say~ "Wel11 you can't go home. " That's your'brother1 Joe!' · · "I don't know." Is that what she said? Yes, sir. Q Were you ever able to convince her that it was Joe in the casket? A ' No, I couldn't. I sat beside her for one and C!-half hours and then I left. -------------~r--~~~--------------------------------------------------------------~------ ~------------~.---------------------------------------~--------------~------------~----- Alice Hantisse 56 Q Was there ever any t~me that she didn't know you? A Yes. Many times. Q Beginning? il A In church or at the L. C. B.A. meeting or down----sometimes she would walk up to the A & P and I'd walk up to her and she just look d at me blank; no expression on her face !!: z <t Q > .J > -Can you tell us when that began? Ql, • z :-' ~-A " Oh1 ·I couldn't come down and point. tell j)jst exactly~ but it was in II. i .. .. 0· .... the last couple years at least. C) z x Q Ul <t Did that ever happen before Esther died? ~ ..,:: A u ii: Well, tnotied it more in.'65. That's when we went-to Greensburg. ... f!! Q And ~ft~; ,th,at I noticed the change in her. Before then I couldn't .J -s " u -jj ' :::l .... tell you._ ,., :t ~ {;: Q Ill After 19651 did· you ever notice any improvement in her condition.? "< I • ui ' -~ A . Ill ... No .. ~ I 0 ... -.· -,~_; Q ~,- ' Did you.notice -any change at all in her condition? 1---~ :::l 0 A u Well, she was .abou't the same way. She'd go through blank, her fa< e .I < u ii: was ·blank1 no expression. And you'd meet her and walk with her, )U.t II. 0 she wouldn't talk. .;. , .. Q After 1965, did she ever call you by name? A Not that I can recall just now. Q Based on your observations of Stella Connelly's conduct and mannErisms1 do you believe she was competent to make a Will on October 22, 1 68? A . Well1 my personal opinion? ------------~r------------~~~----~~lice Ha~~t~is~s~e~----------------------------~-4-5~~7--- Q Yes, Ma'am. 0 A I didn't think she would be. Of course, I'm not professional. Q You say ymi didn't think she would be? _ A No. Q And why do you say that? Well~ because I didn't think she had the capacity to know what she would -be doing. -· .. , ._\: ... ; .': . . ' ·,,Do you qeli~ve~~ b?-sed on your personal knowledge of her, that she .. ~-·_: ' ; . ' ~:·' ;. knew what she wa~; doing in December of 1966? No. < In December of 1966,: did you have occasion to see her at a doctor'; offl.ce ?. A Yes. Q'·· What doctor ? A Dr. Costa. Q Was~ the.re anyt]].ing unusual about her actions on that occasion? A ' Well, she was in the office and I had an app?intment that day. And after 1 went in, she_, a few seconds after I was there, she got up and walked out. I looked to the giri at the window and I sort of asked her if she had-been in, and she said no. I got up and walked out an walked down and got Stella and brought her back to the office. Q Did she know who you were 'at that time? A No, I don't think. I d~?n't say anything to her. I just got her by the arm and turned her around and ca'me back. ----------------------------- Alice Hantisse Q. Did she object? . ' A ·No, sir, she did not. · Q Dill you ever know of any ill will bet}Veen Stella and her. sister, Olivia·? A No, sir: ::!: Q Cross examine. z <( > ..I > (II· z· z Ill D. z g (!) z i: 01 CROSS EXAMINATION BY iviR. COSTELLO: ~ ~ Q 0: ... (II Q ,J •<( § Q • :J· • ., :t /:: "' ui 0: Ill ... -~ D. Ill. 0: ... 0:. :J' 0 u ,J <( 0 ii: ... 0 A Q A Q A Q A Q A Q A Q · Would you want to .tell us when you say you were in Dr. Costa's office when Miss· Connelly was there, Miss Hantiss e? ' I had an app~intment. I know you had an appointment, but do you want to tell us when the appointment ·was? Well, ) can't just pinpoint the exact date. .; "·--.'• . -.. ·~· '1964? No. 1967? No. It was 1968. .· Summer or fall? Fall. Early in the fall or late in the fall? Late fall. After E$:.th~:r-died or before? 58 ui 0: A Q A Q Ill ... 0: 0 II. ~ A··, ... a: ::l 8 Q .. < i3 A ii: ... 0 Q - Alice Hantisse Oh, yes, a good wh :ile after Esther died. In the morning or the afternoon? Well, my appointm:nt was for 2:0.0 o'cloc~ in the afternoo'i!· All right. As a matter of fact, you have. not visited in the Connelly home for---had not visited for at least two years before Stella :, died, isn't that ·right? That's correct. And your obser_vations are based on seeing her in church and now arid then seeing her. on t:l}.e street, is that rig~t? Yes, sir. And in lq.rge rooms~ places in church work. ' S!J.e remained a very faithful church-goer· until her demise, did she .. . ' ·not? . -· ' ; ., Yes, she did. The Confessional is one_ of the most dearly held, one of the most -. ~~ .. ; sacred rites of the church~ is it not? Yes; It is entirely secret ?etween Priest and parishioner, is it not? Yes,. it is. Soyou would not have any idea bf what Miss Connelly did or said to the Priest during those visits that you spoke of? 59 A No, because we go in secretly and he must have recognized her voice. Q I see. Now you did not speak with her at or about the time of Esthe 's death at; the funeral home; I think you said that you were mt near Stella at Esther's funeral. . ,!IJ,- e Alice Hantisse A That's right. Q But at Joe''s funeral she said she wanted to go home? A Yes. Q " You know or knew Joseph Connelly? .,: ~ A ~ c . ..I Q <( u g. A .., ., X 1-" Q N ui a: Ill A .. a: 0 II. ''-. Yes. Stella and he had lived together all their lives, had they not? That is correct . ' . ~ She was· de~ply grieved by this, I take it? • • ~ ~I ~ . i ... Sir? t· I take it she would be deepJy grieved by the loss of her brother? ' '. WeU .. she didn't show any emotion. .. ~ .... No e~otion of any kind? . No • Except she wanted to go ·hom~e? Yes • 60 Ill Q a: You and Stella were not the kirid of intimate friends who would dis uss .. a:. :::l 0 u your personal problems with each other? ..I <( u A ii: We were. IL 0 Q How long ago? A All our lives. From growing from youngsters up on to womanhood Q You had no discussions with Stella during the year 1968? A No; not in the late years; not after Esther died. Q That's all, MisJs Hantisse. Thank you. I ---------------------,----- Alice Hantisse 61 REE>IRECT EXAMINATION BY MR. CARSON: Q Miss Hantisse, was there some reason why you had no discussions with Stella after Esther died? A Well, you couldn't talk to her. You got no answer. So there was e i < no enjoyment of going to visit a person when you couldn't talk to ·I: them. z ~ Q· .. >-Was there any pat·ticular reason why you didn't visit the Connelly Ul z • z , Ill, D.. home in the last two years of Stella's life? ' of ~ , ·Z ,. -~ .. o A 1--·~ No; there was no' reason. The only thing, I didn't go to visit became z x Ul < == I couldn't .visit with Ste_lla and I had nothing in common with the ~ u ~· rest of the family. Ul ' . E· Q e U·· . '<( u .. E . · ::1 . Had you ev:er had ariy personal. tliiff,iG:.uUies or ill will with the other ' . '!' t members· of the family.? ._.,_. ~~~·, N A ' No; no. Because I was a good friend of Elizabeth. I knew Elizabett ui~ II: ... ~ II: before she was married. So there was no ill will . 0 D. Ill Q II: 1- ·• . When you speak ()f ·Elizabeth# you are speaking of Mary Rita's II: :J ~. 0 ·~. " u '. mother? .. < 0 A ii: "" Yes1 sir. 0 Q I am not sure if I asked this before or not, but I hope you will bear e .• I with me: to the best of your knowledge, was there ever any ill wil between Olivia and SteUa? A No, sir. Not in all theyears I went in and out of the house. I never heard any ill will. Q Any further questions, Mr. Costello·? iA i• . Cecelia S. Moussiaux .MR. COSTELLO: No, s1r. MR. CARSON: Does Your Honor have any questfons? T.HE ·cOURT: No. You are excused. Thank you. (witn:ess excused). I MR. CARSON: Your·Honor.,· I see the hour. Would you care to reces~ ct . z < > or do you want me to go ahead with another witness? ~ THE COURT: No. We will recess at this time for the lunch period. Ul. z· _z Ill II. i 0 1-" z i: Ul ct ~ ti 01 1-Ul 0 ... ct 0 0 .:::1 ., :1: 1-.... "' ui a:: Ill 1-a:: 0 II. Ill ~. a:: 1-a:: :;:) .0 u ... ct 0 ii: II. 0 We will resume at'1:30 P.M. • i4o . ~\ R,ECESS (At 1:~9b'clock P.M. this $arne date., the hearing resumed).· .. ·••. ""'! :. . , ~ •· CECELIA S. MOUSSIAUX IS CALLED AND SWORN. DIRECT EXA MINATI6N"BY MR. CARSON: .. Q · ··What is your name ? A Cecelia S. Moussiaux. Q Where do you live1 Mrs. Moussiaux? A 410 Fallowfield Avenue.,. Charleroi., Pa. Q And how long have you lived there? A 'I have lived there about four years now. Q. . Do you recall when you moved there? A I think I moved there in '66. Q What time of the year? 62 :> A · Lm.ov.e.cLin-1he_fa.J.L_A_u.gus1, . .l"'-"-'th""'i ..... lnk...._,I~m~o~v;..::e~dwt~h~e~re~. _____ _.:__~--- .----------~------ ' Cecelia S. Moussiaux Q Are :youiaware of the proceeding and the nature of it that we are involved in today? · A Yes, I think so. Q Did you know Stell:~ Connelly? If A Pardon? ·~t (Stenographer reads back last qu_estion): ''liDid you know Stella Connelly?" z <· -~ A > (I) -z --- Yes, I knew Stella Connelly. ;~. Q. .. i How long h?-d you known Stella Connelly ? .. i 0 ... Cl . - A I think 70 years . z i (I) ol( 3: Q .. How old are you, Mrs. Moussiaux? ·t; it A ' 82. ... Ul Q .J-ol( Q_ '· Were you related to Stella? u .a :I A No. ., :1: .. ... w Q Of what c~urch areyou a member? ui 0: Ill ... 0: A _St. J~rome's Catholic Church, Charleroi. 0 II. Ill 0: ... . Q . I believe that was the same church that S-tella belonged to? 0: :I 0 u .J A Right. < ,. u ii: ... Q During the year 1965, were you liv~ng in and about Charleroi at th!lt 0 time? A I lived in California for 21 years after my husband died. And then 1 came back frlilier<.e. And I wasn't living alone but I was living with my son or daughter that lives in Charleroi and Monessen. . . Q Well, in 1965 did you have any occasion to see or talk with Stella Connelly? ------------~~~~-------- 63 Cecelia S. Moussiaux A I made a special visit down to their house to see Stella Connelly. . Iii a:: Q A ~. Q It 0 D: IIi It .. 0: :J 8 A .I c( u ~ Q ' 0 A F And who was present when you went there? Elizabeth and ·r don't know anyone else there that day~ but Stella, .. . she and I sat.down. As compared to when you had last seen Stella~ ·how_ did she look to you that day ? MR. COSTELLO: If Your Hqnor please, we will objectbn. We don't have a comparison reference .. again. THE COURT: The objection·:is sustained. When had been the last time that you had seen Stella before that time? Well, I came back from California each year on vacation. And I always. ma~e it a point to go to see her.· Well th~n the answ.er to my question is when had you seen her befo e. the year before you mean? · · No. Maybe .it was two years before· that. Well, now compared to her appearance two years prior, how did she appear to you. in 196~ when you made this visit to the house? Well, stewas quite a changed person from when I had known her. She wasn't alert, I know that. However, we played cards, you k ~ow, and she was always very good at playing cards. But I ·could see a little bit of a change in her. Q Did you play cards with her in 19 6 5 ? 64 ' .. ,-.. · Cecelia S. Moussiaux . 65 ' ' A I think so. Yes. That's what we did for entertainment. We played Euchre. Q Did you notice anything else at that ti111:e about her? A Well, I noticed that she would forget when she was playing cards, you know. She wasn't as sha.fP! as she was before. Q In 1966 did you have occasion to observe Stella Connelly?' ~ z I( A > .J Well, I would meet her on the street when she'd be out going to ch1 rch, >-Ill z z. .1&1 Ill.,,; z "" 0 .... 0 z i Ul < } ~ IJ « ... • IJl a:·Q' .J I( u Ci A :I "'I :E /:. til oi 0:: Q ld ... 0:: 0 II. 'Ill A 0:: ... 0:: :I 0 Q IJ .I I( ij A ii: II. 0 .r you know, ~nd I would see her very very often. And it seems to mF t'~::. -) wouldjust run into her and I had t<;>---maybe she was by herself, I'd have to hold on to her arm and tell her who I was. Then at that· time she was j~st sort of in a daze and smile and that was ah~ui al]. I"'~ Well, did she know who you were? ", f Tf She never~ called me by name. I'd have to tell her who I was, but she ·never said she did or didn't. Did you and.Stella belong to any of the same org~niz.ations? Well, we had a cardclub going for, I guess, ·15 or 16 years." When was that ? Oh, tha~'s a good while ago. Bu.t then the church affairs, she b_elot ged to the Ancient Order of Hibermans, and so did I for years and yea1 s. ' . Q In the last five or six years of Stella's lifetime, did you and she belong to any of the same organizations? A No, not any, because I'd be away·and then I came back, I didn't belong to any. Q Do you belong to. the Golden Age Club? I ' I ' . Cecelia S. Moussiaux A 'Yes11::-.:l do. I had forgotten about that. ..1 <t li Q A g Q .., -J: ~ A oi . :-,: 0: ~· Q o:· 0 II., ~:A ... 0: :J 8 Q .J <t u A -ii: IL 0 . Did Stella belong tQ that? .Yes, she did. And she would go---well1 they do a lot--.,-it's realH.r interesting, but then they play a little bit of Bingo after, just, you know, a few games. But she could never be able to keep up with putting hers on. Miss Riley would sit on one side and I on the other and we kept filling it in and telling her this and this. She was always losing something~ her money was dropping or her things, '• · -·that she would lose them. So between us, we would keep her going. . . But she wasn't near alert. In,what year are we talking about now? . ,~,:·-' Tha;t niust be '67 . .• ,, ,-•f D? you recall when Esther Connelly died? ,Yes. Did you visit the funeral home? Yes, I did . . . Did you have occasion to talk with Stella Connelly at that time? Yes. She was sitting right near the door and there was a seat beside ' her. It was quite filled and I sat down beside her and talked to her· and told her who I was and told her how bad I felt, but she made no · response of any kind. Q Did she address you by name on that occasion? A No. Q Do you recall anything else in connection with the Golden Age 66 '··. -------"""'17"----------------~- -----...,.--n------...:......-"""'-'-.......,..--,.........--.¥..::Cec eli a S. Mouss iaux • 67 e :~ z '" > ..J :>-II z ~ ' 2: ,., Jol IL ;i 0 ·II-•II!) :z i: !WI ·I( :=:: I,: 0 ii II-II i5 e ' .J •!( 0 i5 :J '"I :t *"' I" "" ·i ·It: 101 II-Ill: 0 Q. 101 Ill: II-Ill: :J 0 0 ,J •:C 0 iii: 'IlL 0 A "' Club meeting that you tpink would be significant to this matter .. I today?~ t": No, I think it was in '68·and ou:r: mee~ing sta:ts about 12:00 oiclock.l And I went, was going down and we have our meeting in the BO!r.OU.g ~ Building in the, bottom and it's between Fallowfield a~d McKean, aJd when I went to go in,· I ~enerally ~ook for Nora but I.d.idn't see her j I I was going to go in when I looked down the street, that's who I waJ looking for~ I saw Stella· standing down on the street on the sidewal Q'·:· ., . ·· Where now? A ~. Right down from your place;' ... . ~ Q ·' What street? A That's Fourth Street and McKean Avenue. And I saw her there and I was going to go in and ~ thought she was waiting for someone fir t; . so I waited, but I we·nt c1own and I said~ ·."Stella? II And she looked up and I said, ''Wh~re ·~re you going? 11 And she said, :'T.o the_'G~ld n Age, but I can't find it.; I've been up and down the street and I can't find it.'', So·I took h~r and walked up, took'"her in and I told Nora, I said, ''She was 'lost. 11 " ..... , ... Q The GoldenAge Club at that time you. say met in the Borough Build'ng? e . Yes : They still meet there ... A ' . ·Q To the best. of y'ou.r;knowledge, how long had they been meeting the e ( . prior to that time? A. ~~.I could:q't say that beca~s e I wasn't there, you ~now. I was in California when they started. ,; ---------------rr----------------------------------------,----------, Cecelia ·s. Moussiaux 68 Would it be a year or so? A It would be easy that • .It would be a little more. I imagine. MR. COSTELLO: If Your ,Honor please. we ask that that answer and the question be stricken s·nce she's alre,ady said that ~~e wasn't there, so she is no fl. . . making an estimate of time. I mean I wasn't in Pennsylvania at that time. . '·· THE COURT: We will permit the answer ~'or what it's worth. '• Mrs .. Moussiaux, during your lifetime, -have you ever known anyon~ ' who had· been ?iagnosed as being senile? •.· MR. COSTELLO: If Your Honor please, we .. . '. will object to this for the reason this is a lay witnes~ and her a~swer to this question can be nothing but irrelevant to the issues at hand. THE· COURT: The objection is sustained; exception, noted .. Mrs .. Moussiaux, based on your observations of Stella ·Connelly, in your opinion was she competent to make a Will on October 22, 1968? Well, she wasn't competent enough to cross the street to watch the lights in such a sense. and she ha~ to be---how many times have we taken her home. you know. Or perhaps ['d say to Miss Riley or Miss Hantisse, "Who took Stella Connelly down today?" Because --------0--------.. --------lt-----------....:....--~Cg£!elia S. Moussiaux 69 we all did a lot of times. So I wouldn't think that if she couldn't do one thing right1 I doubt what she could do another thing. MR. COSTELLO: Yo.ur Honor1 we don't think that answer is responsive except for perhaps the last e sentence of it. We will ask, therefore, that it be striqken ~ from the record. z o( > .J > THE. COURT: It is not strictly responsiv 1 Clll z : bl 5. but it gives a factual opinion. So we will p~rtnit it to· :\"-. i '.0 ... 19 stand . z %. 1111 'Q .. :: In other worqs1 then what is your opinion as to her ability to have .= u a: made a Will in October of 1968? Do you believe she could or c;oul ... ';:} w Q li e .J d, Q not have done so? Ci A ::. I don't see how she could. .., l: ~: Q 1"1 Very well. What were your o.bservations of her in 1968 as corripar d rri' a::· , 1111 ... It: to the fall of '66? Was she better, worse or the same 'or what.? 0 II.. Ill A 0: ... I think she was worse. t' 0: :I 0 Q 0 In what way? .J "' u A ii: IL Because she seemed like there was no---when you looked in her fa e ·. 0 there was no expression1 no change of expression however. e She just didn't seem to notice what was going on around her. Q Did you go to the funeral home in 1968 when Jose rh Connelly was laid out? A Yes. Q And did you see Stella Connelly at that tin:te? Cecelia S. Moussiaux 70 ' / -. A No, I didn't see Stella. I talk~d,to Olivia and t~en I didn't stay long. Q Cross examine. CROSS EXAMINATION BY MR.-COSTELDO: ' t think I underslfmxlicll you~ Mrs. Moussiaux,· to say that you had been ' .' 't in the State of California for 21 years immediately prior to 1965, -~ that right? , < ··~ ._ ~ Yes. I had been there I guess. yvhe!l you caJ!le back to Charleroi, you paid a visit to the Connelly -· home where Elizabeth Connelly and Stellaand yo 1 u played car,ds? Yes, sir·. · · · ·. ~ And when you'a~eet her on the street ~~ile. going to and fro~ chutch she. would smile? ·' ' She wouldn't ·smile at me, sir. -I thought I understood you to say that she might not speak to . ' -~ call your name, but she'd sm-ile. I don't recall that. Q Now in response to another of Mr. Carson's questions~ you said you thought it must be in 1967. What makes you think that your reference was to the~ year f967? Is there som ethingparticular that ·• . stands out in your mind in your personal life t'hat ties 1967 in? A Well, I was looking for an apartment an9 then that.was the idea.· Q Did you find that apartment iri August of 1966 or 1967? . . 1- :$ ;z ·:( ;;. . .I ). Ill z z Ull· II. i A In 19661 I think it was. Q So it was not 1967, but 1966? A Really~ I had my rent receipts and I lb,oked_ them up~ but I wouldn't Q want to say it was or wasn't now until I'd go back and loo~ at them again, sir. And then late in 1968 on the day you told us about going to Golden Age Club me.et_ing, you saw Stella staati:tirig on Fourth and McKean~~ Charleroi' and you said, "Where are you going, " and she said, "I'n . ·. · . i ~ . .(" going to the Golden Age Club, but I can't find it." Is that right.?· ·· z i ~ A ~ vi It: ''-,. No. She said, "I was going but I'm lost. I can't find it." _-I j~st thOl ght I'd. ask her to see where· she was going. J~ut she said, "I'm going-to the Golden Age Club, but::J can't find it.'!?.< ... ·.·1:'4at 's right. All right. I think that's all. Thank you. :~.MR. CARSON: ThC!.nk you. Does Your Honor have any questions? 0 . Q. Ill ,~ 'rHE COURlF: No. It:_ .::;, 0 0 ..I c( 0 iL II., 0 (Witness excused). DOROTHY MAUND IS CALLED AND SWORN. DIRECT EXAMINATION BY MR •. CARSON: Q What is your name? A Dorothy Maund. Q Where do you live,. Mrs. Maund? -----~ -A.---Me-Kee-B-[7<9r·t-;--Pa:-:-. ------------------------l--- Dorothy Maund 72 Q Do you kriow Olivia Foley? A Yes. Q Please sp~ak up so Mr. Costello can hear you. Areyou a neighbor of Mrs. Foley's? e A I '0'as.,. but I ha~e· moved since. :! Q And during what period of time were you a neighbor of hers? z ~ :> A .• .I From '58 until '65.'' :" Ill z z Q Ill .11. Now where Vfas your.home with respect to her home? ~ow far a;:vax? '., .. . . ... i 0 A 1-0 It was one house between us. . z x .. Ul Q", o( ~ During this period of timeJ did you pave occasion to meet any merr.~ ers .. ,, ~ .. ., a: of Mrs. Foley's family and specifically~ did you ha v~;'occas ion to ... Ul Q e .I o( 6 . meet Stella Gonm.elly? Q ' ' :l MR. COSTELLO: If Your -Honor please , we. .., :c 1-" N will object~on because again~ we are in the time pericd ui a: Ill ... a: , which we have determined to be remote. 1958 to 196 0 ·• II. Ill a: is remote in the·previous question. ... . a: :I 0 Q • 0 I will bear in mind the· Court's previous rulings in the questioning f .I o( u ii: 'lL . 0 this witness. I am just trying to get some background •. THE COURT: All right. (Stenographer reads back last question): "During this period of time, did you have occasion to meet any members of Mrs. Foley's family and specifically, did you have occasion to meet stella Connelly?" A Yes. Q Mrs. Maund, did you attend the wedding of Bobby Foley in Septem1 er .. Dorothy Maund 73 I ·. of.l964? ! ;· ,. A Yes, I did. . . Q Do you have any particular reason 'for recalling that event or about that time? Well, .what I recall abol;]t it pertaining to_f~tella Connelly or all the Connelly Family was when they were ready to serve buffet lunch . - and there was a line, quite a line, and Stella went to the very _ beg~nning of the line, h~r _second trip to fill a _plate for ·m:>:"-~~.slBnd . ... ·'.t Are you aware of the nature of the proceeding he.r'e today? Yes, sir. . . On or about the occasion of Bobby Foley's wedding, did you make' any observations concerning Stella Conn~lly that wopld be material to the issue here today? MR. COSTELLO: ' .. Objected to, Your Honor, I . , ... ·. . unless we know the date of Mr. CcF:crl:e~J~ss· wedding as .. .. being probably too remote in time. THE COURT: The objection is overruled; exception noted. (Stenographer reads back last question): "On or abouttthe occasion of Boblby Foley's wedding, did you make any observations concerning Stella Connel !Y .I . that would be material to the issue here today? 11 A Yes1 sir. Q What were those observations? A When I visited their home or Mrs. Foley's home~ when they visite~, ----------;;;-------------------------,-------------~------.----- . · e 74 Dorothy Maund ~--~----~------------~--~ ui 0: bl .. 0: 0 II. bl 0: .. 0: :J 0 0 .J < i3 ii: II.-.o A she'd be very relaxed and would sleep and no matter who was talkin or how many peQple were there, she would. still nap. MR •. COSTELLO: If Your Honor please, I don't believe that answer was_ responsive to Mr. Carsln's inquiry. As I recollect it1 he asked if she hiD.t~gr*nyth ng at the time of the Foley wedding and at that wedding. · nless I didn't hear I:im correctly. And this answer eertainl has nothing to do with it. ·-· 4 ... ~-\ ,. ' ' • Is ithis at the wedding1 sir? I was meaning at the wedding. Let me ask this; if I may: what . ' you just described~ when did :it take place?· This was somewhat a little before the wedding1 :and definitely much " after·~> ·• Well1 do you remember anything spe~ifically that took place'duri.ng the course of the wedding, other than_what you have already t_?ld us about Stella getting a plate fo;r-your husband? Well, only that Elizabeth---we we~e all sitting around the.same table when they seemed quite embarrassed because Stella had done :] that I as though it was very childish of her to go in the front of the line again to break into, no matter who was stanc:Iing there. And it seemed like it embarrassed them. Q Incidentally~ was Mary Rita at the wedding? A Mary Rita was sitting right beside me at the time at the end of the table. CJ F ·• -~-------------,----- Dorothy Maund 75 Q During this part of 1964, d:ild Stella always know who you were? A ·Q A Q A ~ z 3 Q > m z z Ill II. z 0 ... tJ z x w cC 3: .,.: Y. ll: ... Ul 0 ..II 4 § g Q .., % ... I' N ui 0: Ill ... 0: 0 D. Ill 0:: ~ 0: :I 0 o~ ..l c( ~· Q ... 0 In ·19641 yes .. Did you have occasion to see or visit Stella in 1965 ?. ' In 1965, no. Not in 1965. Did you attend the funeral of Esther Connelly in 1966.? No. Did you have a converscll.ti<i>:nn in 1965 with Esther Connelly pertainh g .. to Stella's condition during which time Ma.ry Rita was present? MR. COSTELLO: If Your Honor please~ this is objected to for two reasons. First of all, it is ' hearsay·. And secondly: the witness has just testiq~d . ' \ ' 1 ,·that she didn't see-the testatrix here in 1965. . ' . u I may be wrong on the. year, Your Honor, but if my recollection is right, that this conversation did take· place in f:tont of the Executrix. .. Mary Rita, I bel ieve it's an exception to the "Hearsay Rule. ., THE COURT: . exception ~oted. .. -'.; The objection is sustained; ' . -~-"' '-~ :~ .. ' : ,. Even· though Mary Rita Connelly is in Gourt and could deny it i~ she so chose? ':EHE. COURT: Yes. Q When did you first see Esther Connelly after the death of her siste --- I'm sorry~ strike that please. When did you first see Stella Conne ly after the death of her sister Esther Connelly, as closely as you ca[l remember? --------,,---------------------------------------------------------------------~------- ------u-------:---------!,!~r...Q.fuy_Mau.,_...nd,._ __________ ..,....-____ ,7 6 A I saw her, I would say in '67. e ~ z o(' > .l >-Ql z z Ill ll. z 0 .. C) z i Ill ct :: .: u a: .. Ill ·;·· Q .J o( li ·.'"' Q :J ... :t t. 1>1 ui 6': 101 ... n: 0 a,, 1111 II: .. n: :1 0 u .J 4 0 ii: II. 0 Q What part of '67? It would be after the death of Joe that I saw Q A Q A Q A Q A Q A Q A her wheh I went up to th_e house. To the best of your recollection, did you see Stella Connelly betw:e,en the death of her _sister Esther and the death of her 'brothe~ Jos~ph Jl I don't think I did. I can't recall the dates. Am I correct that you are married? Yes. ·'· And that you have children? Yes. iwd And grandchildren? Yes. Wnen was your first grandchild born? My first one ? Yes . It's 15 years old. MR. COSTELLO: If Your Honor pl_ease, we object on the ground of lacik of relevancy. THE COURT: The objection is sustained; " .exception noted. Q When was your second grandchild born?· MR. COSTELLO: If Your Honor please, aga_1;na we don't believe this is relevant to the issue at hand. We object. Q If she can give the time, Your Honor_, then perhaps you can rule ,------------,-,----------···---·-------:-----------------------,--------; Dorothy Maund 77 more properly. THE COURT: The objection is sustained; exception noted. Q Did you ever show any pictures of your grandchildren to Stella Connelly? A Yes, sir. ::! Q When was that ? '• z < A > .J That would be about March of 1966. > tD z z Q II II. At that' time did Stella know who you were? ·· • r .· : '•• ' > .... i 0 A ... ~ She knew who I was .at that time,· yes . z % Q Ul oat Did she know who the child wa~? . ... 3: ~. A It: ..... Ul c Q .I Did you tell her who the child was? .. ~ A a· :I We tried to explain it to her. , We were alL s ittip.g armmd the table ., :z: 1: N in the kitchen. There was Elizabeth, Mary Rita, Mr. and Mrs. ui 0: I!! 0: Foley, and I had pictures that had ''been s~nt to me f.rom Florida 0 . a. Ill 0: and I took them up to show them. But we ·.couldn't make Stella unde stand .... 0: ;:) 0 1.> who the haJ:~w was. -'' < 0 Q ii: Based on your observations of Stella Connelly~. do you believe she ... 0 was competent to make a Will on October 22, 1968? A No, sir. Q Why not? A Well, mentally she didn't kno:w where SJhe was or who people were that she had known. And physically, her hands, she couldn't use her hands very well, for the arthritis even, to do anything physically < r . ;. .. ' .. .. , ~· $ .z c( > .J )o Ill z ·Dorothy Maund mentally. Q In your opinion, was she competent to make a 'Will in December of 1966? A I don't believe so. Q Cross examine . ~ CROSS EXAMINATION BY MR. COSTELLO: II. Mrs. Maund,. Miss Connelly knew you in 1964,~ right?· Right . You didn't see her in 1965, right? ; I answered yes to that question, but it was wrong. I thought you said no. Well, you saw her in about 19'~ 7 you say? ' Yes. '66. fli 78 ·ffi ... Q 0:: It is my recollection thatyou said sometime· b~tween tpe death of E~ ther ;. 1 • I 0 II. Ill 0:: ... 0:: j 0 0 .J c( 0 ii: IL 0 I · and the.death of Joseph. MR. CARSON: If the Court please, this is objected to as being argument?-tive. The witness testi ied March of '66 when she showed the pictures. Q This is cross examination. THE COURT: We will let the record spe< k. Q But Stella knew you, is that right ? A Yes. Q Didn't know who the baby was? , .. '. -----~1---------__,_-..,...----""'Dor:othv Mau.nd 79 e ~:. ' . . .-_ A That's right . Q Did she ever see the baby? A No. ,• Q cWasn't related to you?' A No. < Q You saw her very in(requently by your testimony1 during the last z < > ..I > '661 '671 '68? 'II) z :z lid II. A '65 and .'66 I didn't see much of her. i 0 1-(!I z Q. You w.ere in _Florida living at the time? x Ill ~ A Right. . .: u a: Q You were not a membe:ti' of the family? 1-Ul c ..I -< ·lo A No1 sir . c •·- .':'·-,. c ::1 .., Q And she had arthritis of the hands ? ·-:c ~ N A Right. oi 0: Ill 1-0: Q And because she had arthritis of the hands you say she· wasn't ment 1lly- 0 D. Ill 0: ... compe-tent to make a Will?' Is that what yllmolerstood! you to say? . a: ::1 0 u ..I MR. CARSON: If the Court pleas eJ that We s < 0 ii: IL not the testimony of the witness. 0 THE COURT: ~he question is one asked ~y counsel. If it is not corr.ect, the witness may say so. This is 'C!VOSS examination. Would you read the question, Mrs. Hammond? (Stenographer reads back last question): "And because she had arthritis of the hands you say she wasn't mentally competent to make a Will? Is Dorothy Maund that what !understood you 't;Gll say?" A I said mentally and physically c~pable. Q That's all I ha~e, Mrs. Maund. MR. CARSON: No questions. :! z ~ > Gl z (Witness excused). ~ MERCEDES ZEUTER IS CALLED AND SWORN. 0.. i ~ DIRECTEEXAMINATION BY MR. CARSON: z i: i Q What is your name? . .: o A iii ~ ~ Q < ij o A :I .., ~ N Q ui a: I!! A a: 0 0.. Mercedes Zeuter. And where do you live, Mrs. Zeuter? 5379 Madison Avenue, Bethel Park. Are you related to Olivig Foley? ' I'm a cousin. 0 . .. ~ Q ~ And then you are also a cousin of Stella Connelly? :I 8 A Yes . ..1 < ij Q iL · Did you see Stella Connelly at the tj~e of the death of her sister, IL 0 Esther? .A I did, sir. Q At that time did. she know who you were? A No, sir . . Q How do YC?U know that ? A We each individually went in to introduce ourselves to Stella and 80 ----,------ll--------·· ----------------:--------------------1---- r---------------.,.-------------- ~ z Q A Q A ~ Q ~ z z Ill II. i Mercedes Zeuter there was.no response. She looked at us· but it was blank. There was.no response from her. When you say we each, who do you mean? · My brothers and I. And your brothers' names are? Albert and Carl Balkey. Did you notic-e anything unusual about Stella, other than the fact tha she didn't know who you were-? 81 g A G z Yes. She sat there right---just right on.the chair. We tried to stri e · i VI c( 3: ~ ~ .. VI up a conversation, conversations 'that were familiar to her and us. 4' . ·''. ·And she gave no sign of respo_d'~e; recognizing _what we wer'e sayin~. •,. c Q .I c( At this time did you have a9-y occasion t~ tal~ with Mary Rita Conri~lly? ij c A ::l · Oh, ·yes. We went in, said ::fi,~l19 to Stella.-She didn't respond~ so "'' ~ N ui a: Ill .. a: 0 II. Ill a: .. a: ::l 0 u .I c( ij ii: ... 0 y·' we went over to the casket to view, Esth~~~-c:i.rict Elizabeth i-and Mary ,. ' ' Rita were there at the time and they t'd,ld ~~of Stella's condition ~ .... then, that she wasn't, oh, about her ios,ing· her purse anc~ waatt~sncpoor Stella going to do without Esther now that Esther is .g~ne . They do 't know what poor Stella was going to do without her because Esther took care of her so much~ you know~ Q . You say Mary Rita took part in this conversation? A Yes. Q Where did you go from the funeral home on that occasion? A When we viewed Esther's body, we went home then. Q Did you go to your home or the Connelly home do you mean? ,---------nlll __________ --------------------------~--- Mercedes Zeuter 82 A Our home. We went to our individual homes. My brothers took me home and then they went to their own homes. Q Did you visit the funeral home when Josep_h Connelly was laid out in 1968? A · Yes, sir. And.did you observe Stella Connelly at that time? What was her conditiO~·aS co.mpared to what it had been in 19_66 1 . so far.as your observations. were conce"rned?. There was no :response fromStella. Stella just wouldn't responde ' .. at all. When you had known stella in earlier years, did you hay~ such " difficulty in conversing vyith her? No, sir. In your opinion, based on your observations, was Stella Connelly competent to make a Will in October of 1968? ' ' I wouldn't think so, sir. No, :.s:ir. ·Why not? A . . Well, from the different things that Stella did that I saw, I wouldn' say that she was competent to do anythiig:g. Q -·can you be more specifi~? A Well, it's ~rivial, I guess, but at the breakfast after Esther's funeral we sat at the table and something was put on---well, it wa spaghetti that was put on Stella's plate. And she .v says, "What's -~------------~------------~--------~---- ~ z ~ ... ·> Ill z z Ill It i e e z % ~ .. ~ y a: ... Cll ~Q. 4 § Cl :I "'I ~ &!A ai ·a: ~Q 0 IL Ill a: A ... a: :::. 8Q ~· 0 ~-A II. 0 Q A Q Mercedes Zeuter 83 tqis? 11 And somebody, I don't know who it was in the bac·k said1 "It's something for you to eat, Stella." She said, "What is it?" She didn' f even recognize spaghetti. And at the fune:r:al parlor1 we have a favorite tie between us,: we have, iny husband's mother went on th.ese retreats .with Stella ~nd it was Grandma Zeuter, we' both .... . . -. called her.Grandma Zeuter, I did and Stella.did, and she always · asked l:}ow Grandma Zeuter was. I mentioned Grandma ·zeuter after we met her at the funeral parlor and was trying to get conversation but . ! .. of her and there was no response. I thought I'll try Grandma Zeuter and there was ii.o response. And she never knew Grandma Zeuter be ore that. .. Based on your observatio~1in··.y'our opinion was she competent to · make a Will in December of 1'966? That was after Esther died? Yes, Ma'am. •' No1 no, sir • For the same reasons you just mentioned? . For the same reasons .. Wen; did you notice any real difference between the way she was in '68 as to how she had been in '66? I really think she slipped. I think she was going down further than what she was at Esther's funeral. Has there ever· been any ill will between you and Mary Rita Connelllv? A No, never. Q Cross examine. Mercedes Zeuter 84 ;QROSS EXAMINATION BY MR. CO~TELLO: Q Mrs. Zeuter. do I understand your testimony essentially to say that you have seen Stella on the following occasions within the last five years~ and those occasions are these: at Esther's funeral, that is her sister, at the funeral home, and then lateruin after the funeral at a breakfast-lunch the next day at the Connelly home,~ and then when her brother Joseph Connelly was laid out at .the funeral home. Would this be right?. Yes, sir. Am I correct? , Yes, sir. · Tha.t's all I have, Mrs. Zeuter. Thank you. u) a:: . ~REDIRECT EXAMINATION BY MR. CARSON: 0:: 0 a. ~ Q ' ... It :l 0 u .I c( §A ... . ... 0· Q Mrs. Zeuter, :in previous years had you and Sfella known each -. other, visited in each other's homes? Yes,.· They came. one Sunday to visit us, Mary Rita and Olivia . and Stella and Esther were down to visit me, came in unexpectedly one Sunday afternoon. Further cross examin.ation? MR. COSTELLO: None. MR. CARSON: !.ftny questions, Your Honor ? THE COURT: No. -----------------~~---~---------------------------------------~---------------------------------------~------------~---------1 '• .. Carl Balkey MR. CARSON: Thank you, Mrs. Zeuter. (Witness excused). CARL BALKEY IS CALLED AND SWORN. DIRECT EXAMINATION BY MR~ CARSON: What is your name? Carl Balke~. _ Where do you live~_ Mr. Balkey? · . '252 3 Middle Road, Glenshaw. ·what is your occupation? I'rri retired . ..., § Q What was your occupat_ion? c. :I ~ A I was self employed. 1:: 01 uiQ ffi 1-0: . fA Ill -. 0: 1-• -· -~·Q 0 u ~ A u ii: IL 0 Q A In what line of work? Tire business. Did you know Stella Connelly? . Yes, I did. Were you related to her? Yes, I am, first cousin. Q · Incidentally, are you related to the lady who just testified? ·A Yes, I am. Q What is the relationship? A Sister. ·Mrs. Zeuter is my sister~ 85 ,-~~~~~~~~~~~~~~~~~~~~~~~~~~-----~~~~~~~~~~--------.------ Carl Balkey 86 Q Did you attend Esther Connelly's funeral? A Yes, I did. Q Did you. participate in it? A Yes. Q ~ In what capacity ? A o( I was pall bearer. z o( >Q ~ Duri». g the time that Esther Connelly was laid out,. did you see Ste la ~. ~ . .. ll z z Ill Q, Coririelly? . ' :i. ~A I!) Yes, I did. z i ~Q ~ . 1 . Did she know-you? ..: 2A 0: I would say no, she did not know· me. ""· Ul ~Q . . Why do you say that? o( 0 c A ::J Well, when we. went to the funeral home and we went in and I· expr~E sed ., , % 1:: N my sympathy'to the famiiy and I went up to Stella at:J.d she did not kr ow ui 0: •.Ill 1-me at-that time. 0: 0 D. ., ~ Q 1- From your observations of Stella at that time, did she recognize a: ' :I 0 u anyone? .I c( ·a A ii: IL From my observations, Stella did not recognize anybody in my pre~ence; ·o and when our family, my brothers and sisters went up on this occasion we went in together and she .did not even recognize my owr brother ary.d sister. Q You people had known her before? A Yes, sir. Q Are you aware of the nature of this proceeding today? ------tr----------...,......,....-__.;":...__..;__ ____________ -:--___ -1 __ ;;,__1 Carl Balkev 87 A Yes, I am. Q Did you observe anything about Stella Conneily duri'ng the lime that her sister Esther was laid out that would be significant to this proceeding? A At the time her sister Esther was laid out? :!!:Q Yes. :z .. ~ :~A ·:o-Yes, I did. When -we visited the funeral parlor1 the night that Esther Ill . z z U&l II. was laid ·out., I didn't get _any response from Stella at·that time. She i 0 1-l!l· was sitting there and I sat beside her for awhile. And later at the z x· ., < ·~ funeral parlor I approached Mary Rita and I asked Mary Rita just ~ . u it how bad Stella .was. And Mary Rita told me at that time that she wa1 1-Ul 0 ... slipping and went into further detail as. to some· of the things that ~ § 0 ::J she would do. ., X 1:: Q N Do yo\1 recall any of those things ? ui 0: Ill A 1-0: Yes. _Such things as at home she had to be watched all the time~ tha 0 II. Ill . 0: 1- she was senile. and had hardening of the arteries. In fact., the 0: ::J 0 u ... next day-... how I remember this-.--the ne_xt day her father., J o~, cC . 0 ii: II. Joe Connelly, told me the same thing. 0 MR. COSTELLO: If Your Honor please., this is objected to as being hearsay. Mr. Connelly is dead THE COURT: The objection is sustained. Q Mr. ~alkey~ have you had any experience with senility in your owr f~mily? A Yes, (have. Carl Balkey 88 Q And what member of your fam.ily areyou referring to? A It would be my sister-in-law, my wife's only living relative, her sister. Q Has she been diagnosed as being senile? e A Yes, sir. ~Q Would you tell the Court what similarities, if any, you have noticed z ~ .I f )o between the manner in which your sister-in-law acts or COfl:ducts Ill z z ..... a. . herself and the I?anner in which you saw Stella Connelly conduct i. .. 0 1-. C) herself? z i .. ~A == lean make this statement, 't~at in regards to my sister-in-law, tha .,: .· u ' a: she gets up, well, she gets·up during the night, she gets up in the 1-Ul c. e .I <( u c .:I morning and the first thing that's turned on is the television.-· MR. COSTELLO: If Your Honor please, I hat~ "'I X t: N .. ' _a) t<;> interr~pt, I must object again· for the same reason, 0: Ill. 1-0: that the conditions of his sister-in-law is hardly relevant 0 a. Ill o:· 1-to this proceeding. ~ 0: :I 0 u .I THE COURT: The objection is sustained. <( u .. ii: Q II. . What char-acteristics and mam3.erism~ did you notice about Stella 0 Connelly that would be significant to this proceeding today? e A Going back, of course, to Esther Connelly'~ funeral, I observed myself when I went in and I saw thatStella didn't know any of us, sh~ didn't know me, and· as I testified before, .she didn't know my broth~=>rs and sisters. I noticed at the funeral home she would kind of lapse off, doze off. Now this is at Stella's funeral. Am I to go on to yo .r . ' Carl Balkey question ·further? Q-Yes. You said Stella's funeral. You mean Esther's funeral? A· I mean Esther's funeral. Q What did you notice later on then? A :! z o( -~ Q .. -t z ~A ,. . .,. .. L A The next tilne I saw Stella was at Joe's funeral, Joe Connelly's funeral. And at that time I woulq say that Stella was even worse. In what reg?-rd? I remember ah incident that Joe Connelly, that's Mary Rita's •· father, I remember a very specific thing that happened at that funeral home when I sat beside Stella, that she didn'_t even know wh was in the cas~et, and it was her own brother. Now this stands out in -my_ memory. And it was an indication that she just_ did not know. How do you know that she didn't realize it was her brother Joe in th coffin? I asked·her,· I said, . .. II II" Do ·you know who this is and where? And ver o_vaguely-..:.-and I said, "That's Joe. II A~d she said,~ "Who? Who is that?" And this is the response I got that evening. In your opinion, based upon your observations of Stella Coimelly, was she competent to make a Will!, on October 22, 1968? 1968, I would say that she would not be competent to make out a Wi on that date. 89 II I Q In your opinion, was she competent to make a Will in December of 966? A I would say from my observations on her condition, she was not ca ble ·of making a Will in 1966. CarlBalkev 90 Q Cross examine. CROSS EXAMINATION BY MR. COSTELLO: e Q' I take it that1 Mr. Balkey, your observations are based on a 'visit · · the - ':!i to. the funeral home on ~he occasion. of/passing of Esther Connelly z o(· > ' ' "' >-and your observations at the funera~ home at the time ;of the passing ·~ z Ill L of :tylr. Joseph Connelly~ am I right? ::i 0 A .. " Plus other inquiries as to her condition: z i Ill Q ~ Other inquiries that you made~ not your-own observations? .,: u A i ~ Other· inquiries by telephone that I made. ' il Q e i• ~ ' ij g A . ., But not your own observations? They were my observations :[fom=-~y inquiries as to what her :1: ~ IN condition .W,as. IIi a.:-:~ Q Ill: Are -you telling me that you saw Stella ConD;elly via telephone? 0 IlL Ill ~A Beg pardon? al: :J 0 iJ Q ~ ,J ·I( a Are you telling me you saw Stella Connelly via telephone? i.: A II. No, I did not say that. 0 Q You saw her twice1 two funerals. e A I saw her twice, and I.inquired as to her condition. Q But you only saw her twice? A That's correct. Q And you and your br_other and sister were not regular visitors back I and forth in the Connelly home1 were you? i r-----------~------------------~~--------------~~·---- Carl Ba:lkey 91 :i A How do you mean, ·regular visitors? Q Well, you didn't visit there frequently. You hadn't seen Stella for at least three or four or five or six years prior to her sist"er Esthe 's o( z <C > ..I >-Ill z - ·z Ill Q. z. 0 ... " z x Ill ·~ t ~- Ill A .. Q .. ~A "' ij death. Could I answer it this;.;%~Y, M;. Costello: that we are a very close family1 and in spite of the fact that we may not run and visit every week does not say that w~ were not close to this family. We were "ery . close to this family. As a practical matt~r_, let me ask you specifically, you had not acttally seen this lady~ Stella Connelly, since 1959 until the date of her sister Esther's death, is that not right? 1959--what was the question, Mr. Costello? g (Stenographer reads back last question): . "As a practical-matter, ., let me aEik :1: 5 you specifically, you had not actually seen this lady, Stella Connelly, ai a: . E 1959 until the date of her sister Esther's death, is that not right?. ·o " D. Ill sincE a: A .. ~ .That could be possible, Mr. Costello, nut I would like to say that ::I 0 u ..1 < ij ii: II. 0 there is a possibility that we---and I think we have had occasion th::t I had seen her, yes, between 1959 and 1966. Q But that's not whatyou said in your Deposition which Mr. Carson to k back some weeks ago, is it? A Could you tell me what was said in the Deposition and I can tell you Q I just read what was said, 1959 until the day of the funeral. A I don't understand it now, Mr. Costello. Q I don't have any further questio-qs, Mr. J?alkey. MR. CARSON: That's. all, Mr. Balkey. Thank you. ,......,----------.-.--------~--------~~ ---~---~---------------.,.--------,---~ ~ ----------~r---------------·------~O~l~iv~ig Foley 92 ' (Witness excvsed). MR. CARSON: If the Court please, at this time I requ.est a five or ten minute recess for comfort purposes. THE COURT: Well, of course3 if a recess is taken, it's not only for you, it's for everyone. MR. CARSON: ::! . Yes, sir, I understand. z C( :~ THE COURT:· We will have a five-minute recess at this time. ·). / ill z z .. II. RECESS i I) 1-~ , ~ QLIVIA FOLEY IS CALLED AND SWORN. Ul C( ~DIRECT EXAMINATION BY MR. CARSON: ~ . u ~ Q What is your name? Q .J C( A § Olivia E. /Foley. Q ;::) ., Q :r: 1:: Where do you live, Mrs. Foley? 01 IIi A a: 1311 Craig Street, McKeesport. Ill 1-a:. ~· Q Are you the contestant of the Will of Stella G~nnelly in this proceed ng? Ill a: •I-A a: ;::) o-u ..1 Q C( u ii: II. A 0 Q A Q A Yes· ~ And am I correct that you were the sister of the late Stella Connell ? " Yes. How long haveyou lived in McKeesport? . . I'll be married 50 years; I went there as a bride. Du.ring the period of five or ten years before your sister Stella died, did you have occasion to visit your family home in Charleroi You mean ten years: before Stella di~d? "<T ~ "1\ tr. I ,---------,..,...------------------------------......,.---- Olivia Foley 93 A I was there two or three weeks at a time all the time. Q f\nd during the same period of time~ would various members of the Connelly household visit your home in McKees port? A They would. The leE t year of Esther's life it was almost once every two weeks, maybe once a week. c(Q And after ;Esther died~ how often would you and Stella visit with eacp_ z c( > ..J .> other? en z z biA D. . Well; it was --I was home the. last year I was home alm?st between i 0 ... I!) f~ve and six months taking care of her. The year before that, oh, "Z i en c( ~ I would SJY every three; two or three weeks I was home. Lots of ..: 0 0: times once a week. ... Ul ~Q How would you travel between McKeesport and Charleroi? c( 0 ilA :::1 Well1 I would travel by bus in 1967. L¢t me see~ well,' not last .,, :z:. t: N .·. year, the year before that I traveled by bus back and forth. Last ye llr iV ui •• -rr:. bl ... rr: when I ha<;l gone up to stay I'd get a ride back and forth . 0 D. bl Q rr: ... When you would ride in a private automobile usually who would take rr: :::1 0 0 you? ..r c( u· ·ii: A II. Mary Rita w oold come down for me. 0 .. ! Q In 1964 what was Stella's appearance to how it had been prior to tha time? A Well1 I would say that she-was slipping very fast. I won't say slip~~ng very fast in 19641 but she was getting worse all the time. She had arthritis and hardening of the· arteries, which Dr. Costa said woul~ hurt her mind in time. i Q , "!.A z <l: > ;Q Iii) z . z ~A i 0 1-(.!) > z i 111 <-3:· ..: u ir 1-Ul Ci .J < i3 Ci :I . "' :r. ' I:. Ill ui 0: ~Q 0 II. -Ill 0: 1-0: :I 0 u .J < i3 ii: A IL 0 Olivia.Folev 94 _, MR. -COSTELLO: If the Court pleaseJ this is " not responsive. It's hearsay and we ask respectively that it be stricken. THE COURT: The answer is stricken. Did you talk to Dr. Costa yours elf? No. When Esther was---yes. Unless you talked to hirp yourself-- I ?id talk to him myself. The day she was--the week after she was ' and operated on, I talked to him about Esther/ at that tirre I said "to hin , "Poor StellaJ " and he said, "Yes . " · MR. COSTELLO: If Your Honor please, thiS is not responsive. It's hearsay and it's not relevant to the issues. THE COURT: The answer is order~d stri< k~n. You say that in 1964 Stella was slipping. Without referring to hea:r~ ay evidence as Mr. Cosfello has just objected to, what did you yoursel see to cause you to conclude that she was slipping? When I first noticed she was_ slipping, Mary Rita; Elizabeth and Esther would call me out of the room when they'd come to visit 'me and asked me if I'd see any difference in her. I said, "YesJ there i a difference in her. She doesn't remember anythingJ she'd sleep as soon as she got there, she'd sit and sleep. When you had a littl lunch ready for her, you'd have to go and coax her to come on. She didn't warit to do an~-thing. . I I I e ' e Olivia Folev 95 Q Is there anything about her,,_.aBpearance thatyou noticed? A Well, closer to '66. I wouldn't.say in 1964. Q A oct z ~ .I )o Ill z· z Ill Q, i 0 ... Cl z i Ul < := ',.: 2Q a: ... !!!-.~A < u Ci :I ., ~ " N ui a: ~Q 0 Q, Ill a: A ... a: :I 0 uQ ... oct ~A ... 0 Q A Q A What was it in 1966 then? .. Well, they complained that she wouldn't 'ltake baths or wash her heaU or anything and everytime I came home, that was my job, to wash her head. MR. COSTELLO: If Your Honor please,-this is also not responsive and it.is hears·ay when she said they said. This is· obviously hearsay and we object . * . THE GOURT: It is hearsgry; ordered stric en . Mrs. Foley, my question is what did you yourself observe about her Well, that she used to read the paper and wouldn't do it anymore; she she us,edd6''watch :L~wrence Welk, she liked his music so well,/wou dn't do that anymore; she'd sit and sleep through all this. These are the things thatyou yourself saw? ·. I saw . In what year? Well, prior to '66. Because Esther was still living and "Esther wo ld be rig~t.there to see it too,· And then questioning me afterwards, what would I think about h.er. Well, in 1966 was. her condition better or worse? It was worse. ,. In what way? Well, in 1966,Esther died 1966 .. She didn't even really.know th.at . I Olivia Foley Esther died. She would--if we'd be sitting around, she'd go to the botto~ qf the steps and holler,. "Esther, your meal is ready, come on down,·" and things like that. Q You saw that? A ~Q z -~A ..I > Ul ••. z . fJ·Q' II. i ~A 1!1 z i ~Q '3: • ~ uA E c ~ u c :I ., :z: tQ vi a: ~ a:· 0 II. ~ A ... ~ a: -:I 8Q ~ u· ~ 0 A Oh, yes, I was there. Now this took place how soon after· Esther's death? The following week was the first time that she ever did that . How long did she continue doing that? Well, slie did it as long as I was there. How long were you there ? I was ~there about:..--Esther died on---she was buried November 1st . . . it would be up until the first part of December,was either the week after Thanksgiving or two weeks after Thanksgiving. When Stella would go to the foot of the steps and call Esther to c?m to eat, who else was present, ~f. anyone? Everybody was pres'ent, Mary Rita, Elizabeth, ~oe, w~s all there . In 1966 do you recall any other characteristics about her that caused you to conclude she was worse? Yes. Now she's known my husband ever since we was married. . 96 And she'd come to me and say, "Who is that sitting in the chair do'A n there?" She asked Mary Rita, she asked Elizabeth who the man was sitting in the chair. She didn't even know him. Q Did you hear her ask them that? A I did. Olivia Foley 97 .Q Was there any change in the manner in which she took care of herse f with regard to personal habits? A She had always been a :rery clean perso:r; about herself, but starting around that time she wouldn't take b~ths for anybody._ She wouldn't • wash her head. Before that. she wore a wig. c(Q What did she do about the wig in,1966 that you recall? z c( ~P.. >-She just wouldn't let-:.you know, how sweaty your head would get. Ul z . .z Ill II. wearing a wig, and she wouldn't let anybody touch her head unt~l I i 0 1-" z -~came home, I washed it. i ;Q . Did you ever have oc?asion to go to churc~ with your sister Stella? .,: . ~A a: Anytime I was there taking care of her, I went to church with her ... Ul c ..1 c( every morning. Somebody had to go with her . ij gQ "I Why? SA Well, she1d say, "How do I go to church? Do I go out this alley,, vi a: Ill ... a: then where do I go?" When I wasn't there I suppose she was take~ 0 II. Ill a: 1-to the bottom of the alley and sent up Seventh Street to church. a: :I 0 u MR. COSTELLO: If Your Honor please., that ..1 < .. ij ii: ... is not responsive. It's scandalous and we ask that it I e 0 ordered stricken. THE· COURT: The answer is ordered stri~ken. Q Mrs. Foley, you must only testify to what you ::>yourself saw .or hec; rd . occur. How far was. it from the Connelly home to St. Jerome's Chu ch? A Well, they'd go out the alley, it was half a block, not quite half a block, and then a block up from Fallowfield to Washington. e J Q A Q A ,Q o( z ~ A .J )o Ill ;z :t Ill ~ i 0 II-I!) z ;: VI I( 3: ~ IJ ii: 1-Ill Q Q .J o( 6 0 ':) ., :z: 5 Q ui a: Ill 1-a: 0 II. ·~A 1-a: :J 8Q .J o( 6 A ii: II. 0 Q A Olivia Foley 98 That would be less than two blocks then from the house to the church? Yes. Mrs. Foley, do you know Harriet Wagner? Q Yes, I do. _Immediate. y after Esther's death, did Harriet have a position with the .L. C. B. A.? Yes . MB. COSTELLO: If Your Honor please, ·I·· object on th_e grounds that it is not relevant whether a Miss Wagner had a position with the L. C. B. A. or .. not. If the Court please, I. am leading up to something. I think it is rele, ant. ·THE COURT: We will permit the question. At that time, after Esther's death, did Harr~et Wagner bring a paper to the ~house for Stella to sign? Yes, she did. Were you. there at tlJ.is time? Yes, I was. " What sort of a paper was it? It was a change of insurance. Stella's L. C. B. A. insurance is made out to Esther and after Esther died, Stella wanted to change :il • Q What did Stella want to do with it? A Well, she wanted· to put a different beneficiary on it. She wanted--- of course, she didn't know what she was saying--she did want that Olivia E47lce;~~··~----------------------------~~~ for Masses and for part of her· funeral. · Q To the best of your knowledge, did Stella sign the paper so indicatin whabw~as to be done with the inSurance? ' A yYell, the paper was moved so many times. and the last time it was e. moved Mary Rita moved it. And that night I heard what they was go:i!ng •' ~ z to do with it. o( > tQ When you say you heard, how do you mean you heard? z z ~A i I came downstairs, I had gone upstairs to bed and I came downstair1 0 -IP.. I!) z and I heard Mary Rita, Elizabeth and Joe discussing what they was i . . . Ill o( ~ going to do with that paper and how they was going to make the insu ance ti i ... out . Ill Q e ~Q u Q =lA . x What did they decide to do? Put Mary Rita's name. on it . ~ 01 ui MR. COSTELLO: If Your Honor please, we w 11 II: Ill ... II: 0 object unle~s we knovy who said this. It's hearsay. II. Ill II: ... II: Other than that and in addition, it's not relevant to'the :;) 0 u ... o( issue, u iL ~Q Mr. Costello, do you deny that Mary Rita became the beneficiary o e that policy'? . MR. COSTELLO: I don't honestly know, Mr . .I Carson, and Judge Marmo, and I don't think it's relev~nt to this issue here today. Q I submit, Your Honor, it is beginning to show tl:J.e matter of undue influence. Olivia Folev 100 THE COURT:q We will permit the question . Exception noted. Q Did Stella have natural teeth or man-made teeth? A Man-made teeth. Q Did she have any trouble with them? <A Well, she'd take them out, she wouldn't know which was upper .or wh'ch· z < > ..1 )< was lower. She'd come to somebody and ask which.should go u.p Ill :z :z: 1111 lll. . .and which sh%uld go down. i 0 ~Q z When did sh.e start to get confused in that fashion? i .., <A ill: Well, 1 noticed it·mostly right after Esther's death .. ..: . ~ Q From the year 1965 on, di~ Stella ever call you by your fi:rst name; .. Ill ,. ~A "( Well, she wouldn't, no, she wouldn't call me by my first name; but u . "E ::l .., there was a recollection if I mentioned McKeesport, she'd draw vyitP. ~ "' her finger,. McKeesport, she'd go, then I don't know if ·she recogni2 ed ai It Ill .. It it or not. But she said McKeesport . . 0 II. Ill ~Q Did you attend Esther's funeral? It ::l 0 UA ..1 Yes, I did . < u ~Q During the time Esther was laid out, how often were·you at the funeiral 0 home? A I believe the first da~ I didn't even go home for a meal at night. .. J stayed all day. The second day I was there, we came home for our supper, but I was there all the time. Q How many people at that time did Stella recognize? A Well, I sat beside her .. Anybody that knew her would go and talk tc ,------·------u--------------------~--------~--------------------------------------~----- 1 I e Q :t Olivia. F6lev 101 her, but there was no .response. She couldn't call anybody by name. She wouldn't know anybody. I sat with h~r and if anybody come towar-ds he like' any of the people that I knew 'that she knew. I'd say, this is so· and so, Stella·. ·Do you recall when Carl Balkey and Mercedes Zeuter came to the funeral home when Esther was laid out? ... Yes, I do. To the best of your observation, did Stella know who they were? She did not. Do you know of your .own. know ledge what income, if any., Stella had~ • . . She had her pension from Corning Glass and she had her Social Security. over three ,hundred some dollars a month. Did ~he have any other income? ~ A Yes. She had royalties -from ·sto?ks she owned. ui ·a: . . Ill Q .. a: When you say royalties, do you mean dividep.c?s? 0 D. Ill a: .. A Dividends. a: ::I 0 Q u Prior to Esther's death, did Stella handle her own banking affairs·. ..1 :! u A ii: ... No .. She hadn't handled her own banking. affairs for four, five to 0 six years before that. Q How do you know that?. A When I'd be up home, they'd give her a little pocketbook with five $1.00 bills in. Q Who is they? . .. A Esther would handle S~ella's money and she would put it in a li~tle .• Q A Q A :! z o( ' > ..I >-Ol z ~Q Q. i gA l!l z ~Q o( ~ tA 0: ... !!! Q ~- 2 Q :I ., X " Ill oi It: Ill ... It: 0 Q. Ill -It: ... It: :I 0 u .I < 0 ii: II. 0 Q Q A Q -----------------~- Olivia Foley pocketbook~ five $1.00 bills, to make Stella happy that she had a little bit of money. Stella didn't know . Fro.m your own observations~ who cashed her checks? Well now when Esther was living--- That's what I'm referring to, when Esther was liv.ing. The checks were signed, given to Elizabeth and Elizabeth wou~ld go up and. cash them.· After Esther died, who did you <?bserve J~andling Stella's finanj:!es? Joe. How would the checks be cashed? Well, Stella could never write her name and Joe would write her name on a piece of paper for her to sign these checks and Eli~abeth would take them to the bank. On two occasions· I s.aid to him, '~JHhe bank will_never cash that check,Joe,,;~~''He.said; '"Why?" I said, "Her name isn't even spelled right." . MR. COSTELLO: If Your Honor please, this . . is hearsay again and we ask that it be stricken. THE COURT: The answer is stricken. What was the ground for your objection, Mr. Costello? ·MR. COSTELLO: It's hearsay. She's telling what Joe said. Are you telling just now what your brother Joe said or what you sai :l? What I saw Joe do. Would the Court care to· renew its ruling in light of that last answer ? . . 102 Olivia Foley 103 THE COURT: We are not only speaking -of what was done; we were s·peaking of what was said. The part about what was said ±s hearsay: MR. COSTELLO: That's what we objected e to, Your Honor. -~ Q I see. Do. you know whether or not the bank cashed that particular check? z c( ~A > Yes, they cashed it, both of them~ Ill z ~Q D. What was done with the money? i eA ~ Joe took it. I don't know what was dorie with it, but Joe got it. z % Ul c( ~ MR. COSTELLO: That answer, Your Honor, ~ 0 a: we ask be stricken. It's contradictory in its own nature. 1-Ul 0 . e .I c( ij She said she doesn't know but she said she knows Joe ot it . . ' 0 :I It is obviously not a fair answer. It's scan·dalous. .,_ :z: ~ N ' THE COURT: It's immaterial to the iSSUE cri ~- Ill 1-~ anyhow. " . 0 D. Ill 0: 1-~ MR •. COSTELLO: Yes, sir., I :I o· 0 THE COURT: It will be stricken. .I c( . ij Q ii: ... At this time was Joseph Connelly employe'd? 0 I A No. I . e ; MR. COSTELLO: If Your Honor please, agai fl., this question is irre~evant and immaterial to the issues being tried. Q I think it goes to the matter of undue influence~ Your Honor. <MR. COSTELLO: If Your Honor please, Joseph Olivia Foley 104 · , Connelly is deceased. THE COURT: Wnether he was employed cJr not would have no hearing on the question of undue influence. We wil~ therefore sustain the objection. -e Q T? the best of your knowledge, did Joseph Connelly have any $OUrc~ of income at this time? ~ z c( > .J MR. COSTELLO: If the Court·please, again, > IJl z z Ud we object. This is immaterial and irrelevant to the is. ue II. i 0 1-Cl which is being tri~d. z x m . c( ~ THE COURT: The obj ectlon is. sustaine4 .. .: u ii: ~nless the question is followed by others wh~ch would 1-!!! Q e .J c( 0 0 ::;) show that Mr. Connelly was taking.advantage of the decedent and using her income exclusively for his ., X t. N oWn. support. ·Whether_ c<_mnsel can produce such Gi II: bl 1-testimony or not, the Court does not know. Unless it II: 0 11. ill II: can be done, the present question is irrelevant to the ,I- II: :J 0 u issue. .J o( ·u ii: Q Mrs. Foley, did you ever hear your brother joseph; after the II. 0 death of' your sister, Esther, place two bets on horses for $50. 00? e MR. COSTELLO: Your Honor, the same objection. This is completely irrelevant to the issue at hand. A I did. Q If the Court please, he had no income and the witness is about to Olivia Foley 05 testify as to two bets totalling $50. 00 one time Mr. Connelly made . -. in her ·presence .. THE COURT: The objection is sustained. We don't know where Mr. Connelly got the money or u:1der e what circumstances he received the money. And uriles:; < we· can be apprised of those things, the question is· im z < > .J material. > Ul z I ~Q Mrs. Foley, to go back to the· day that you cautioned your brother i 0 1-. 19 Joseph about the manner in which the check was endorsed and then z i Ill < a: you sa.-id the bank cashed the check, to the best of 'your know ledge, ..: () i was that money given-to Ste_lla by Joseph? 1-Ill Q A e ..1 < 0 Oh, no. gQ If it had be.en given to'·her, would you be likely to know of it? ..,_ X t: A 01 .. Well, in the first place, he w'ouldn't give it to her because she ui a: Ill 1-a: '• couldn't handle it. He wouldn't have given it to her·. He was handlin~ 0 a. ·'. Ill a: 1- her money and ~e gave her five $1.00 bills,.;as·r te-stified before, it a: ;:) . ·o 0 a little pocketbook, and she is to keep that forever, I guess. ... < 0 Q ii: ... 0 Now at this time who was living in the house? • A Mary Rita, Elizabeth_and Joe and Stella. e Q So far as your own knowledge is concerned, was Joseph Connelly contributing anything to the cost of running the house? A Well, I know he used all Stella 1s money because he didn't bank it. MR. COSTELLO: If Your Honor please, that remark should be stricken. It's scandalous and it's ----------~~--~----------------~O~l=i~v=ia~F~~o~>l~e~v----------------~~.~----------~---1~0~6 e e not responsive· to the query. THE COURT: The answer is ordered stri ken. Q Mrs. Fqley~ wouldyou answer niy question? Mrs. Hammond, will you read back the question? (Stenographer reads back last question): If ' . So far as your ~wn know ledge c is concerned, was Joseph Connelly contributing anything t6 the cost of z o( ·.~-running the house?" .. Ill ~ ~A i 0 ~ Q. z i -CD o( ~ .,: u ii: ... CD c ... o( u c :I ., :z: ~ Ill ai a: Ill ... a: 0 D. Ill a: ... a: :I 0 u ... o( u •; ji:· IL 0 Q ·A Q :A Q Well1 he used all his money for bets and Stella's·for the house. To the best of your knowledge~ did JosE{ph Connelly: contribute . any money to the :r:unning of the house? MR. COSTELLO: This question is repetitious Your Honor. He's asked it now three times· a!ld we keEp getting :ii:rresponsive.answers. THE COURT: We·do~'t have a specific answE?r to the question yet. She. is talking about what he did with his money. But she hasn't;•a9-swered the· que~tion of' whether or not he has contributed or was contributing to the U!='-keep of the residence or the houl3e. Mrs. Foley~ can you answer it either yes or no? To the best of your know.ledge1 . was he contributing to the house? No. To the best of your knowledge~ was Mrs. Joseph Connelly~ Elizabe h1 contributing to the expense of running the house? No. To the best of your knowledge~ was their daughter~ Mary Rita, Olivia Foley contributing to the expense of running the house? ·A Never a penny1 no. Q A :!Q z <C. > :~A Ill ·z z ~Q i 0 ~A z i Ul ;Q ti itA .. Ul Were you :contributing anything to running the house? Those weeks that I was there I was pay:lng $35.00 a week every thir ·. week. How were these bills pe :i.ng paid then? With Stella's .mot;~-ey;.' ( .. By whom? Joe. When your brother Joseph had died,. did you visit the funeral home? . . I didn't get the question~ c ~ (Stenographer reads back last question): u " ·-. _When your brother· Joseph had c =l died1 did you visit the funeral home?" ~ ~A Ul 0: Ill ~Q II. Ill 0: ~A :l 0 ~Q o( u iL IL 0 A I was there all the time. •, Was Stella there ? Yes. What was her condition at that time as compared to her condition .. . ' ~ when Esther was laid out? Well1 she didn't know a thing, Mr. Carson. She didn't know even it 107 was Joe in the coffin. She wanted to come home. She come to me apd she said_, "I don't know that man; ·take me home." And aU she said while she was there1 "Take me home~ take me home." I tried to convince her to stay on account of the people that would come in an ,_. ask for her~ Olivia Folev 108 Q To the best of your knowledge, did Mary Rita Connelly ever he~r Stelia Connelly make that remark that she didn't know who Joe was A She was there that night, yes. Q And did you hear Mary Rita make any reply to Stella? A That it was Joe in the coffin. o( Q Do you rem ember he; exact words? z o( . •. > , .. :;! •. A If) No, I don't. 'It's daddy. 11 I can remember that. She said., "It~s .dad~y. 11 :z: z Q. Ill II. And the five or six years preceding Stella's death, did you and she i "0 .. 0 z ever have.any disagree.ments? i CD .• oa: -A := Never. No, sir. ti Q a: .. Cross exam :ine. I'm sorry, Ic'do ha.ve two other questions. Mrs. . . ' Ill a .J o( Foley, based upon your observ:ations of your s~ster Stella, in your u a :I ., opinion, was she competent to make a Will on October 22, 1968? ~ A "' Oh, no, she knew nothing. She didn't know what she had or what shE •ai II: Ill ... It! didn't have .. 0 II. " Ill 0: Q .. II: In ya.i r opinion, was she c'omp~tent t.o make 8: will in 1966? :I 0 A IJ .J No, she wasn't. And I questioned that when I went home about her o( u ii: II. making a Will. And she went to another .lawyer in .Char~eroi. 0 Q Were you there? A Np. Q Cross examine. r--~-~~-_---~ ~----~~-------------.,------------, Olivia Foley CROSS EXAMINATION BY MR. COSTELLO: Q. . Now you said that you don't think that Stella C~nnelly could make a Will in 1968 in October. Is that right~ Mrs. Foley? She couldn't have made a Will. She~knew that she had a bank account up at the Charleroi Federal Savings and Loan Association and so did you know that, is that righ ? Yes. And 'sometime shortly a·fter the m.aking of that Will in October of 19681 you took Stella Conneliy up. to the. Charleroi Federal Savings .and Loan Association]" did you not? ' MR. CARSON: If the Court please, I objec to the form of the q'lles tion. It's an incorrect statemen of facts, unless I misunderstood Mr$ Costello. I }telieve he said, asked her. if she went to the bank afte the Will was made· .. . said she That's my question. If she/did before, that's goirg to be up to her to answer, isn't it? That Will was made when, on October 22, 1968? ' MR. CARSON: That's when it's dated, yes That's when it was made. When did I come to you, Mr. Carson, when Elizabeth come to me and asked me to sell the stock and cut the money down in half? That's when I went to you and that's when I took her up to the bank so that she'd have something to live on if anything happened to her. 109 Olivia Foley 110 Q Was it ~l:ir<j)ut .the time of the Will1 let's say1 in October, 1968? A It was in November; it was after the Will was made. Q It was November? A Yes. Q You did take her up there? !A I did. I had to have some assurance there would be money to--- :z •( >Q ,.J )o Of course, when you had the account cpanged:, which yot;~ did {lave Ill z z Ill ' II. ~ changed, you had Stella si'gn the. new ~ignature card for. the account i 0 1-0 didn't ypu, Mrs. Foley? z ' i ~A I did. ,. ~ ~ 2Q II: The new cp.ccount, when it was opened, was in your name and in your !-!!! ll ..1 sister's, was it not, Mrs· •. Foley? < 0 gA Yes, it was . ., :1: ~ Q N As joint tenants with the right of sur.vivorship, Mr:s. Foley, is that ui II: Ill 1-II: what it said on the account? 0 D. Ill A 0: I thirik it was. I know it was in Stella's and my name. 1-0: . ::l 0 Q ·U You told the people at the bank that the passbook was lost? I ..1 < u A ii: I told them because it WJa'!Sd'd>st. ... 0 Q As a m8:tter of fact, it wasn't lost because--- A You wait a minute. Can't I say something, Mr. Costello? The b?-nk book, I insisted on Mary Rita bringing me up the bankbook after Joe was dead. I wanted to see how the bankbook was changed because it was put in Joe's and my name for trust and I awanted to see if Joe. had it changed. Mary Rita refused to let me see any of e e I I e ~ z ;Q > Ill z ~A II. i eQ l!) z i Ill < ~ ~A. 0:: ~ Ul ilQ .... < 0 a A ':) ., :z: 5Q cri .a: ~A a: 0 II. ~Q ~ a: :I 0 (.) . .I < u ii: II. 0 A Olivia Foley 111 Stella's papers until I said that I was going to get a lawyer. And the1 she brought it home.· Sh~ brought a photostatic copy of th.e bankboo:k and gave· it to me. Arid I said, "Mary, I don't want to see· that, I want to see the real bankbook. " So the next night Mary brings me t~e bankbook. She puts it .in the cupboard and when I go· out to find it, the bankbook is gone. Sb you told them it was lost. Yes, I did.· Later after we intervened with Miss Connelly the account was chang~d back to Miss Connelly's name alone, was tt not. That is a fact? Elizabeth had that done. No. I had it done. Oh, well, what r~g ht did you have ? Stella signed the card/ did she not? She didn't know what she wa1/doing if she did·. She didn't know what ~he was doing when she_1~igned the card puttin~ it back in her name and she didn't know what she was ?oing when sl e signed the Will you are saying~ but she knew what she was doing when she signed the card to put your name on the card as joint tenants, is that what you want us to believe? I won't say that· she knew what she was doing. I did that to protect Stella. Q Of cours eJ, your mot:iives were as pure as the driven snow. A Yes, it was. I couldn't.take care ofher.··My husband hasn't worl~ed - ,---------------~----------------------------------------------------------~------ Olivia Foley_ for I couldn't t.ell you, 15 or 1_6 years. There's no paycheck in the:r~ ·at all. I had to have assurance she was going to be taken care of. Q Tell us about the problems you had with both Esther and Ste~la. A Qq because, as. a matter of fact, you were upset they wouldn't turn the fam:Hy house over, sell it and divide the proceeds equally among all you, children. It was Grandma's originally, wasn't it? Grandma--.- . - MR~ CARSON: r' think. this is obj ecte.d to unless it is relevant du;ring the' time that is material in this case~ My only pu:rp ose, Your Honor, is to indicate there were substantia arguments-between the parties and for no.:. __ -_ . . . I never argued with anybody, Mr·. Costello. Never argued with anybody. I know. A' Mom left thathouse that the, last one living ~hould get it. Q Are you acquainted w.ith some of the neighbors in the area, Mrs. 112 Foley,· the area of the Stella Connelly and Joseph Connelly residence? A Oh, yes. Q Of course, you know Mrs. ViDella and her mother? A Who? Q · Mrs. VHella, Virginia, and her mother. A Yes. Q Do you kno"Y. the Latchem 's? Olivia Foley .J.l3 A I do. Q All tl;lose folks? She dozed in 1966 an<:! she wouldn't watch La~renc~ Welk and she wouldn't read the papers. Right. Is it fair to say that ? I did. Up until the time.;of Esther's death, Esther more or less ruled ..... -.. ~ the financial roost. Is that what you want us ;to believe? She did; Your brother Joe was retired on a disability in the Corning Glass· Company, wasn't he, Mrs. Foley? ··. Yes. He had a pension from Corning? Yes. Social Security? He ·also had a very difficult time walking, didn't hE ? At times. As a matter of fact,. he wouldn't run \lP the street to pay bills for a long time. Do you want to know why he didn't go uptthe street? You answer 'my question whether he did or not. No, he didn't. He·was afraid for along time to go up street. But he did retire on disability, is that right? Yes. He did have this pension and Social Security. And you didn't live . A Q A Q o( . z <( ~A )o Ill z ~ Q II. i ~A " ·z i ~Q ~ ..: u a: '" CD c .J <( .u gA "'I ~· C\1 ui 0: ~Q 0 II. Ill o:A '" 0: :::> 8Q .J <( u ii:A 1&. 0 Q A Olivia Folev ~here all the time., did you ? I visited an awful lot. You aon't k>now whose moneY:-:-- I had a home in McKeesport. You werenit there w~en the telephone bill was paid and the electric bill was paid a.n.cl the water bill. Quite often I was there when those bills .were p~id. Nof every month. \ Not every month. 114 You weren't there when they went -~o the ·R:oodland or A & P or where- ever they went because :you lived in McKeespo!'t arid took care of ·yot.lr husband,· right? I wasn't there all the time; certainly, I couldn't be there all·the time when they went to the A & P and places. This is the only home that Stella had ever haq, right? 'l'hat was Stella's home, yes .. It's the only place Joseph Connelly had ever lived . Oh, no. Where did he live ? • Wnen he was first married he went to the Delfose's and gambled so much she put him out and came down one night 12:00 o'clock and Mama took him in. Q Since Mary Rita and her sister were born .they all lived together in that same h~mse, didn't they? 115 A Yes. I don't know ,what they'd have don.e if it hadn't been for Mama. Q . I thi.nk that's all the questions I have~ Your Honor. MR. CARSON: I have one question ~'d lik~ t9 ask. When did your mot er die? A 1948., December 12. ., .,; MR. CARSON: . z . Thank you. That's all . ~ (Witness excused). .. .. z z ~ MR. CARSON: If .the Court please, not knowing how long we would .. take today, I didn't make any final arrangements with Mr. NeFenlJe~.[ il our handwriting exp~rt, and he would be here in -the matter to testif on the matter of forg~ry. Therefore-., at this time# the ~:tC>n.tes.taltlt will have to rest. However, I would like to reserve the right to call Mr. N-erenberg at another-time. S THE COURT:· ai We will permit you to call Mr. Nerenberg specially. II: Ill ~ 0 .D. Ill ar:MR ... . II: :I 0 u MR • ... <( u iL IL 0 You may rest. CARSON: Thank you ... '· COSTELLO: If Your Honor will, at this time, entertain a speaking demur., I would like to enter, interpose that with some very brief remarks as to why I think it should be entertained on the questions of competency and influence. . ... : THE COURT: All right. MR. COSTELLO: If the Court please~ it is the law of this Commonwealt and it has be en that' f org etfulnes s, which has be en testified to in a broad general way, failure to remember names of relatives, is' 116 not conclusive on this point. One can be o~d, one can have loss of memory as they said in the King Estate, one may have the inabilit3 to recognize acquain~c.e.S:e-3 and yet have a sufficient capacity to make a Will. As this Court said recently in passing in the Dornon Estate, where there is a pauci1yof substantial evidence and the Contestant's argument is based only on conjecture and suspicion, there is not a' s';ll::>stantial dispute. Untidy habits, if this were to be accepted, the ip.ability to recognize people, doesn't_deprive a persoP. of his rig~t to dispose of his own property. The fact that the Propor ents here, the Contestants, more properly, offer no testimony really relating tG the occurrences relating close to the date of the Will. And ·au of the testimony .is in some re~pect at least remote in addition to not going to the heart of the issue, should be taken into ' consideration. _They have a g~eat" burden to overcome the presumptio1 of testame~tary capacity. We think, Your Honor, that what has been testified to, even assumihg it to be true, is that at a time of great grief, .Miss Connelly is said not to have been ·able to recog.ni2 e who was in the coffin and another time immediately after a great ar d intimate loss, she called to her sister who was dead. There was testimony tf:1at she didn't re.cognize spaghetti on her plate. The testimony, except for Mrs. /Foley, is of people who saw her or del=tlt with her on very infrequent occasions and only at times here when there was grea:t stress. Old age, perhaps; debility of body, perh<: ps; ~ 01 ui 0:: E 0 II. Ill 0:: ~ ;:) failure of memory occasionally, perhaps; but none of these raise a presumption of incapacity, Your Honor. And the. cases are replete with this. Evidence of_ forgetfulness, feebleness or weakness of memory, a host o"f cases on this point also, all saying the sai"?e thing, that they don't raise enough of a question. Nobody has testified, none o~ the witnesses, with the possible exc~pti<:m orMrs~-Foley,e~en talked about what this woma had. And Mrs. Foley's position is more than slightly tainaid by the fact. that at. the same period she would say there was no capacity, she took this lady Stella Conp.elly to a bank, an act which required a greater capacity than it is possible to have here. We think it would be, at this tim~' it should be unnecessary for us to present ... testimony •. We are perfectly willing to do it, but we think on the question of capacity and undue influence,· Your Honor, they have no raised a sufficient of ~an entranc~ to ··require rebuttal. If the Court wants to take it under. a9-visement, we have no objection to that. 8 THE COlR T: No. The Court will rule on it presently. The demur<:.}· ~ 0 -~ 0 to the eillidence is overruled .. If we were to permit this ·matter to gp ~ to a Jury, most certainly the Court would not permit the issue of undue influence to be. presented to the Jury because there is little or no testimony here' that is relevant to the issue of un~ue influence. ' We have the issue of testamentary capacity which is being disputed And we have, I presume, if Mr. Nerenberg's testimony is heard, we will have the issue of forgery that is also before the Court. So I 117 F'vP.lvn 'T'achoir it is entirely possible that the Court coJlJld permit a Jury trial on thE , issues of testamentary capacity and .on the i.:fsue of forgery. So that • I • • , " we will overrul~ t9-e demu:rd"a.t this time and permit the Proponents to addu.ce their evidence. MR. COSTELLO: At the conclusion of our testimony, I assume! Your :$ z Honor would permit us to again interpose sue~ a Petition? . ;. . ~.. .. < . c\ ',. ' -, .. ~THE COURT: Ill z z Iii I. i e " ... ~" .Yes.~'t' ' i PROPONENT'S CASE: Ill , ~ ·. '. EV~LYN TACHOIR IS. CALLED ANB SWORN. . . DIRECT EXAMINATION BY.MR. COSTELLO: •. Q ·would you tell us your name pleas~? . ·· A .Eveiyn Tachoir. · .. ~... . ' '· Q Where do you live please ? ... . . ., . ·, A 26gls Northriver ·,Park Drive, Inkster, Michigan. Q Are you related to Stella ·connelly_? A A niece. Q Are you related to Mary Rita Conl).elly? A Her sister. Q Are you'married? A Yes. Q Do you have children? 118 -'• .e e e ~------------------------~E~v~n Tachoi~ A Q A Q A o(Q z < > ...1 >-ll z -~A II. i 0 Q 1-., z i ~A. :~ I,: Q ~ ro:: -II- Ill Q A ,.I '( i(j Q Q ~ '"I :z: " A N IIi . D: Ill Q 1-II: 0 II. Ill II: A 1-D: :I 0 Q u ...1 o( u A. ii: 1&. 0 . Yes.· How many? Five. What are their ages? 19., on down to 9. I have a granddaughter too. Du.ri~g the period fro~ 1964 through 1968., were. you in contact with Stella' Coimelly and with Mary Rita Connelly., your sister? . " Did you come to Charleroi to visit? Yes., I did., Did they ever go to your home to visit? •. Yes,. th~y did. How lori&' have you lived at your prese~t address? 13 years: -' ' I take it that you were· here for your father's funeral? Yes., I was. Were you here for your aunt Esther's funeral? Yes. 119 Q How often during the year would you customarily come back to Cha1leroi? A Well., usually in the summer becauset the children were in schooL I'd s~y two or three times each summer. But they came up in the winter to visit me. Q Now I call your ~ttention to the time of your father's death and ask you whether or not at that time you had any conversations with yo u1 Evelyn Tachoir 120 Aunt Stella Connelly? A Yes, I did. Q Wnat were the conversations about, in general? ~t MR. CARSON: If the Court. please, this is objecte'd to as being hearsay. ~Q I didn't' ask her to say what, just what were the conversations abou. ; z ·:( > ,.J ~ "Ill n9t to'testify as to any content, but in general, Your Honor., that sh" ..... . '. ' z z Ill II. was able to hold conversations .. There was testim~~y. if you recall, ' !· i ' 0 !-l!l that she did not and could not .hold conversations. z x Ill "' ~ THE COURT: W.e will permit the general. ~ ~ a: question._ 1-ill ~A She asked about my_ children .. She was quite fond of them. "' i3 gQ ""I Did she know you.? J: 1:. A' til Yes. ui a: Ill Q ... 0: ·Know your· name? 0 D. Ill 0: A ... Yes. She called me Evie. ·- 0: :I 0 Q u .J I'· " You said she asked about your children? c( u ii: A ... Right. 0 Q Was this specifically at the time of your father's passing? • I A Yes. Q Did you. see her after . .your dad died? A Yes. My sister, my mother and my aunt came up to visit me in November around Thanksgiving. They stayed one week. Q Of 1968? ------------~~----------------------~E~v~elyn Tachoir 121 A Yes. Q Do you recall what you:r aunt's physicron condition was at that time 'i: A She was old and she comp;I::Hned very much of her hands bothering her. She had arthritis very bad. Bu.ttoutside of that1 I didn't notice any change. «Q When your aunt visited you1 ·did she follow her customary pattern of z < > .J > attending Mass everyd~y? Ill z ~.A IL • • i ' Oh, yes. I took her to ;Mass. I think there was just one or tw~o days i 0 '" ., that she didn't go to Mass while she was at my house. But'.) wh:ile z :r Ill o( := she was there she asked about the organist because a couple years ...: u ii: ago she watched the organist's children, they had them in the playp n '" II 0 .J ·· in the back and she asked about them. She asked if 'W-.e still had the < -§ D :I same organist. ., :t .. u-" Q "' You say this was around Thanksgiving of 1968? IIi ,, a:: Ill A '" a:: Right. 0 II. Ill Q .: ... Will y~u tell the Cou.-rtt, what the relationshi-p was between your Aunt .: :I 0 u Stella and your sister fV[ary Rita? .J <( jj A ii: Ill. Well1 she. loved my sister-like a daughter. Everything was Mary. 0 Mary this and Mary t~at . Q Was her relationship ~loser with your sister than with you? A Very much ~o. · Q And can you illustr~te for the Court in any other fashion the closenEss of this relationship? A Well, she'd buy Mary1s clothes when we were children. It was ). ----------~~--~------------------~~~\\~.TTIP~•lxo~chui~.~--------~--------------~__l~ .. always everything done for Mary: They ignored me.completely, like I didn't even live there. Q Now do you recall when your Aunt Esther diedJ roughly the period A o( Q z o( ~A )o II) z z Q: Iii Ill. i o· .. A C) z i (Ill Q < :: ..: 0 A iiE .. Ul ~-Q <( § Q ::J ... ~ 111 ci p: ' A· Q ~A a: 0 II. llli Ill: Q ... Ill: ;:) 8 A ..II .. u ii: Q ... 0 A • of her death ? Yes. ,. DiEl you talk with your Aunt Stella at that time? .. . Yes. --. · Did you talk with her at the intervening periods during the summer:: ? . Yes. Did she haye any trouble recognizing you? No. Call you by your name? Yes. Did she call you.Evie or whatever? .. She called me Evie .. · Did you have any trouble engaging her in any conversations ? No • Did you see-any reason to doubt that your aunt was in posrsession o( her mental faculties ? No. She wasn't as bright as she used to be~ was she? A. No, definitely not. Q Was she less gay after Esther qied ?. A Well, I can't remember her eve·r being quite gay to begin with. ShE Evelvn Tachoir 123 yelled at me _constantly, no matter what I did. Q Were you at the funeral ho~es when your father and your aunt were laid out? A Yes. Q Did you notice stella having any difficulty recognizing people? .a: A No. z o( .. ~Q Ill It is. possib_ie that she .did hav~ ~orne difficulty, isn't it? z i~ A ~ Right. ·i 0 ~Q Were she and your father close in their relationship? :z ::;: ~A . ~ Very close. ~ ~ ~Q aa: • ; ·we)kel she and your Aunt Esther close? II-Ill ~A "' Very. The three of them· were. ,_J.. ~ 6 . " gQ ., Do you ~now that there is a Will which is dated prior to this one? 5A ai < Right. It: Ill ~Q And you·know that u.ndler thel]l:ika.mri:ifbij)lli!tJYOf construction.of that Will, 0 ·• D. Ill It: ... It: you might benefit if "this Will ~ere set aside, do you not? ·\: ' ::;, 8A I know . ... o( 0 ~Q As a lay person, in your o'pinion, was Stella Connelly competent to 0 make a Will in. October of 1968? A Yes. ' Q Was she competent to .make a Will in December of 1966? A Yes. Q To your knowledge and belief, was there any period that you know olf' when she was not;in rthis period of three, four years, when she waE . Evel vn Tachoir 124 not competent to make a Will? A No. Q Was there anything in your aunt's3behavior to indicate that she just . 0 didn't know who she was? e A Not while I was around, no. c Q Did she seem' pretty much as she always had been? •' z c > A .. )o To me, yes .. fl z ~ z Q 1111 Do You did converse with her? i 0 ..... A 1!1 Yes. z i ~-Q ~ She asked you family-type questions you say? s,: u A Di Yes. · · .. Ill Q Q e .. "' ij• Q :I ., Did· you notice any striking change which would have put you m notit>e . . . I • I ' that Stella was rapidly approaching the. dete.rioration of herself? Di~ you :1: ~ N see anything of that? ai a: Ill A .. a: No, outside of her hands bothering her. That's the only thing I 0 D. Ill a: .. noticed • a: :I 0 Q u .. Cross examine. < u ii: 1&. 0 CROSS EXAMINATION BY MR. CARSON: I Q Mrs. Tacnoir, when is the first time that you were informed that if these Wills were set aside you would share equally in the estate with your sister? A I really wasn't informed by anyone. Q You didn't know that? ----------------------------------.--------, ----------~~------------------------E~·v.~elxn T~~hoir 125 A I knew it. Q You knew .it now you mean? A No, I knew it at the time. Q What time was that? A I mean it's just general knowledge that anyone would know that. Anyone w ~1? do what? •-. THE COURT: She said would know that. ... ' ...... . . Tha't ·anyone ~auld know thatyo'u· said. My question still is when did you learn of it? t. ,, ... , . I've known that for years, sir, that -if one Will is broken, another one, it's I?Ossible that the other one would be good. Is that what -you mean? Yes. And were you also informed that if the other Will was, the earlier Will was not broken you 'would share equally in the estate w 'th you I. sister?· I wasn't informed by anyone anything about the Wills. THE COURT: Perhaps you could ask !Jrer, •, Mr. Carson, if she knew the substantial contents of the prior Will . . e Q Do you now know the substantial contents of the 1966 Will? A Yes. Q When did you learn of it? A After my father died. Q You learned that before Esther died, I mean before Stella died? e ... e e A Q A Q :! z o( > A ~ II z ~ Z'' Ill L .i -o·· .,~ Q z i: ~A := ti Q ii1 ... IJI· Q A .I •( .. 6 5 :J ., ~~ N -• •:t -Ill • a: ~Q 11:, D· D. Ill ~~:A 1-II: :I 0 u .J I( ~Q II. D A Q A Evelyn Tachoir 126 Yes. Is that before or after the Will was niade on October 22, 1968? I think before. Am I correct that your testimony is that .i~ Nov-ember ~f 1968 when . -Stella·visite·d your home, the only thing wrong with her was the arthritis in her hands? · . Right .. That'S ·the, ·onlj.change'I·noticed, O~tside of the fact she tas . getting o~d i3;nd couldn't move around too well., - She had no trouble with her. memory? _ Not ·with_ me • Whq did she have trouble with~ I don't know. She knew my. husband; she knew my children; the organist at chur~h,, which.she had only seen a copple times befo e. But she rer:ner:p.bered taking care of her cnildren. '-.. How do _·you··k~?-w that?. BOlCatis_~ she ~~ ed ·me about it if the "<0 mans till brought her childrt n to church and 1f we stlll itlad the sam~ orgamst~ wh1eh we do. I Did your Aunt Stella become' ill while she was at your home in Detroit in November of 1968? No. She complained about her hands, _that WCI.~ the only illness she d. And how did she travel between Charleroi and your home? · -She took the bus. I don't know how she got to Pittsburgh, but she took the Pittsburgh bus to Detroit and we picked her up. . . -Q~ Did you see Mrs. Zeuter when she attended your father's funeral? .. Evelyn Tachoir 127 A r don't remember her, truthfully .. Q Did you see Mr. Balkey when he attended your father's funeral? A Yes. Q Did you see Mr. Balkey when he attended your Aunt Esther's funera ? A Yes. o(Q He was one of the pall·bea:rers1 was he not? .z o( -~A ·i'j Yes. z ~Q In 19681 how many times did your j\unt Stella see you? i .· ~A " A bout three. z x IIQ ~ And when were they?_ .,: ~A Ill: That was around my daughter's---it wasn't my daughter's birthday~ ~ Ill ' -. c -.e ... < 6 they came up in the winter1 then they came up---or I saw them·whe1 c :;) my father d{ed, then I 'saw Stella at Thanksgiving. .., :1: 5Q And i~ your opinion there was nothing-wrong with her mentally at 115 "Ill: Iii ~ Ill: '· thattime? 0 II. Ill ~~~:A ~ • No. She wasn't any different than she had been. She wasn't as sharr Ill: ::. 0 u on things1 but I didn't notice that much of a change1 really. ... "" ij Q ii: ... Did she have·· an"y trouble staying awake? 0 A She nodded. She always got up very ·early in the tnorning though. e -. And she was all right until afternoon and then she'd start nodding; and she'd go to bed early1 then she'd get up early again. She's what you call a morning person. Q Was she at all forgetful? A A little. --,------,1 I. ----------~r-----------------------bE:~v~Ta•a·~ch~o~lu·r _____ -______________________ 4_~1~2~8- Q Do you remember off-hand what ~he'a forget, any examples of what she forgot? A Not really. ·She knew where our church was. She knew where our h< use . was. in Wo~ld you say that in i968 she was/the ·same mental condition as shE was in October,1966? , No, I wouldn't. In what ways· was she changed? She had gotten older and crabbier. yvhat did she complain .about? ,, .. I don't know. It just seemed---nothing in general. Didn't she continua:l~y say, "I want to go home?" Oh, not continually, no. How many times did she say that? I'd say about two or three times she wanted to get. her J:lands taken ' ca:N.of, she said herhands hurt her so bad. And I offered to take her to my doctor and she said she didn't know him. So !l know my mothEr brought her home and toe~ her to·the doctor. That's. what you were· told you mean? Yes, that's what I was told. Now talking about November of 1968, is when she wanted to go hom to go to the doctor. A Right. Q What doctor did they_ tell you they had taken her to when they broug 1t her home? ~------------~-------------------- e . " .. . e I I Evelyn Tachoir 12 9 · M.ij. COSTELLO: -Mr. Cars on is asking for hearsay jlnd we don't think this is material, Your Hon r. What difference does it make? Q If I'm going to waive it, Your Honor, I don't see.how they can objec . THE COURT: We will permit the question. (Stenographer reads back last question): "What Q.octor did they tell you the;~ <( I z . .. o( • • II ~ had taken her to when they brought her home? >-' .II) z z A !f .. i eQ e z ~A <( ~ t-= Q 0 i "'" ~ A Q .J <( § Q Q ·:I .., ·:r ~ "' ai 0: Ill .. 0: 0 II. Ill 0: .. 0: :::l 0 u .J <( ~ --! Either Dr. Costa or Pr. Paluso. They work together. Who told you that? My mother. ' 'Did Mary Rita.also tell you that? No. Did your ~other tell you how many times they took her to Dr. Cost ' MR. COSTELLO: Your Honor, let me object -. .' to tpis because it's irrelevant to the. issues at hand. .. '• . THE COURT: Yes . I think we are going -too far into hearsay now; We will sustain the objectior. ? . 0 Q •' In 196 7 how many times did you see your Aunt Stella? ii: ... 0 A I'd say twice. ' Q When was that? -A In the summer . . I Q Where? .I· " ' A At my home. More than that. I'm sorry. They came up in the wint ~r. -· Q How many times? I I I Evelvn Tachoir I'd say aJ:>out five times at least. Did you ever visit Charleroi? Yes. In 1967? Yes. How ·many times ? Twice. ' And you saw your Aunt Stella th'en seven times during the year 1967? Yes .. Can you be specific and tell us when these times were? No, I can't. I know they would come up over .weekends. And I would go back maybe for the weekend on the Fourth. of July or some other Hm:e w h.en my hu.s band had off. How would they .come up? 'They would come up ·in the car; my sister and my dad would drive. Wny didn't they leave Stella at home ? Because she was part of the family. Do you know who paid the expenses of those trips?· Yes. But it would only be hearsay. I know they divided it up among three but I have no proof. That's all that was told to me. You mean Stella didn't pay any part of .. it? Stella paid1 my dad paid and Esthe;r-paid. All three paid a third on any trip they took. Q Well, who paid it in 1967 when they came up? 130 __________ _,~----------------------~R.Y~~ ~~rhoi~ l3l_ e MR. COSTELLO: Just for the record~ so it will be known our position, this is not relevant to the issue being heard and we object for the lack of relevar cy. Also1 it's way outside of the scope of the direct e){ami- nation. ~ THE COURT: The objection is sustained z ~ ..J > ll as not being within the scope of cross examination . z ~Q No further questions: i 0 . ~ MR. COSTELLO: Are we to continue~ Your Honor? :z :;: . . ~ THE COURT: ~· Yes. " {Witness excused). ~ ALEXANDER KASH IS CALLED AND SWORN. ui a:· ~ DIRECT EXAMINATION BY MR. COSTELLO: 0 II. llr ~ Q Tell us your name please • .a:: :l 8 A AlexanderKash, Jr . ... o( 0 Q ii:' 1&. Where do you live~ Mr. Kash? 0 A ' R. D. 1, Coal Center. Q How long haveyou lived there·? A Thirteen years. Q Prior to ~hat where did you live? 'A Charleroi. Q Where did you go to high schoel? Alexander Kash Jr. 13:L A Charleroi. Q Graduate of Charleroi High School? A Yes. Q Are you related to either the Proponent or Contestant? e A o( Q Did you know Stella Connelly? z o( > A, .I > Yes, sir •. Ul z .. 2: ~· Q What is your occupation? i 0 ~A Carpenter. z i Ul Q . o( == Has that been your oc,cupation for any extesded period? ti A it Yes. 1-Ul. Q e .I Q. o( u g A ., For how long? 25 years • 5Q You did say that you knew Stella Connelly? ui 0: I!! A 0: Yes,. sir. ~ ,. Ill ~Q ~ Did you know her as a boy? 0: :l 0 . u A ·.J I knew her when I was going to gradeschool and then after I started o( u ii:' IL working in Pittsburgh. 0 Q When did you first come to know her fairly well~ if you ever did? e A In 1958. Q How did you come to know her well? A Well# when I was working in Pittsburgh I was driving everyday and I advertised for riders to ride with me to help pay the expenses and :tyrary Rita happened to be one of them. Q ·How l~ng did that continue? A For seven ears. Alexander Kash,. Jr. 133 Now is that when you~ as an adult, came to know-Stella Connelly? Yes. How would you see her1 under what circumstances? Early in the morning most of the _time with a dress or maybe a sweater on. I very &eldom ever se~n her with a coat1 even in the middle of winter. And she was worried about Mary getting in the ca~-> and being. warm. Are you sayil:1g she was out there every morning with IYiary Rita? She was there whether ·Mary was going to work or not . . -. Now did you continue your contacts with Stella Connelly after 1965 when you did not <l:ny longer drive to Pittsburgh? Yes. Whaf were the contacts? How were they made? Sometim~s.,her mother needed something fixe9 or they needed some fertilizer~ some ground or some advice on grass or plants and thin~s . ' liketthiat. Or if I needed glassware I would get her to get if for me ' . out of Corning. Did your family visit in the Connelly home during this period since 1965? Yes. Did the Connelly family visit in your home in C9al Center? At times they came out in the automobile. Were there more frequent. visits one way than the other? Yes. Which way? Alexander Kash, Jr. 134 A I w~~; more down there 'than they were out my place. . Q Are you married, Mr. Kash? .... ~ ; -· A Yes, sir. ., Q· .. Did your -~ife and children sometimes accompany you 'to the Connell e ·home A Yes. <(, -·:z <( Q _, -~ : -. >-: Ill Do you reca:ll, the last time you. saw Stella Connelly? •Z z A 'Ill --It was right before they went up to·Evelyn's in November of 168. II. i . ,, . -0 .Q 1- ' ~ Do you recall how you happened to be in the Connelly home z i A Ill <( No. They were out my place. ;!:: ·--. . -. ' . ' 1-Q. ··-u 0: Did you talk with Stella ? 1-Ill ii· A e .J • < ~ Q Q :I -·Yes· • Cdn you tell us what you observed about her conversations':'i? "'I :1: t: ·A N Nothing out_ of the ordinary. ui II: Ill Q . . ... 1-II: . . 0 Did slie know you? .. .... . ... L Ill A II: Yes. 1-II: :I 0 Q, u What did she call you_? .I <· u A ii: Alex. . II. ,. 0 Q Did she know your wife? -·. e A Yes. < Q . Your children? .. A Yes . . Q q Did she participate in any of the conversations? A' Well, she always had a habit of butting in. ----------~~------·------------------~Aul~e~x~a~nd~.e~:r~~K;a~Ls~h~·~J~r,r~·~·------------~----~J~ Q, Did she continue to do that? A Oh, always. If we didn't talk directly to her she'd always but in.an:l make sure we talked to her. Q Did you attend the Joseph Connelly funeral? e A No. oJ: Q z Can you tell us why~ if there was a particular reason that you ~ ..... t·-know or were you just too busy? z . !!: A Ill L ·., At the time I was working at th~ power plant and we was working i 0 II-II!) overtime. z x Ill Q. ; Were you at the Connelly home shortly af~er Mr. Joseph Connelly ti ii: had died :in '68? ... !!! a A -· ..I < u Li ':I If I recall correctly, I stopped down for a pot that my wife sent ~one foed down. ., ~ ·W Q So then you were there? · ai a:: ~A a:: Yes, sir. 0 II. Ill ·~ Q .a:: Were you there at anY: time during the year after that or did your :I 0 u ..I visits stop until Miss Connelly entered the nursing home? cr: u ii:A IL Several ti{nes I had them. get me some glassware out of Corning 0 and then atiruher time I took st~aw down to cover ·up roses. I took e some stpaw and manure down to cover up the roses for over the wir ter. i And I don't' recall whether it was that year---no, the year before t ey planted the grass. Q Were there conversations about the roses or about the flowers? A Well, she had several brown spots in her grass and she always I --------11-------------.,..--.--,....;A::..:.Il~;a.Rtl·€l-l:'-K~t>-r-------------t__;;l;..;;3;..;;6;.... wondered why she couldn't get grass to grow in there. And I told "' e :$ z <( > ..1 >-Ill z z Ill Ill. i 0 II-~ z i Ill < ~ ~ IJ i .. Ill c ..1 <( u ;c ::l ., ·~ 01 ui It Ill her to put some lime and fertilizers on it and. she did 'what I told he And then she was mad at me because she couldn't..cut iLfa:§i~ae>nough. Q Are you taLking about Stella? A No# Mary's mother. Q How about Stella? A Stella would just chime right in and tell me all the time that whatev r .. we put on the roses really made them grow because it did. I never seen roses grow like that in my life. Q There has been testimony that Stella didn't know some people. Did she know you ? Was there ev~r· a ~ii?e in your contacts with her in '68 that she didn't know you? A No. The only time she did mention to me several times she wonde d why I wouldn't get a job back in Pittsburgh again-.so Mary Rita ~ . coti.ld ride with me instead of riding the bus. ~ Ill It Q ' ... It :I 0 u ..1 <( ~A II. 0 Q Would this question have been asked in 1968 on or about October, November of that year? ,· I can't recall whether it was asked at that time. It was asked previous to that though. Did you notice any such deterioration in the abilities of Miss Conne ly as would have caused you concern about her ability to make a Will1 as a layman? A No. Other.than old age~ that's all I could say. Q In your opinion then, in October, on or about the 22nd day of 19681 Alexander Kash1 Jr. 137 did Stella Connelly have sufficient awareness and mental ability to make a Will? A I think it was about--it would have been the first part of November when they were out my place. She wanted to pick up the straw and e manure for the roses at that -time. And I told her I would deliver it ::!: myself1 which I did. I took it down because they wanted to put it z •I( . ::o ,,J in the trunk of the car and I says no. Because I Ed idn't want to mesls . ,)o Ul :z z \1 II. ~-the car up. !says I'd bring it down in the truck. But at that time sh~ i 0 ~ I!) .seemed all right. z i Ill Q .:t .. -~ . In 1966 in December, which was so~e nearly two years befo:pe, ~ u a: in your opinion as a layman~ was she able and competent to make a 1-Ill D e .J I( Q Q A :J Will? Well, at no time did I ever ·know her that she was incoherent or . ., % J:: til anything like that. ui a:-~ Q a: Did -she seem aware o:E her surroundings? Did she kriow -who she was? 0 II. Ill A a: 1- Yes, she knew who she was. a: :I 0 Q u Did she _know the people with whom she lived? .J <-u A iii: Ul. Oh, yes. 0 ~ Q Did she. know the people with whom she came ;in contact on a daily ,, e ,. basis? A On a daily basis ~ would say yes. Q Did she know you ? A She knew me, yes. Q Did she know your wife? -~ -~---~-~---..-----:-------------,-~------------------------.---- Alexander Kash., Jr. 138 A No, not---she didn't meet my wife that often. She had only seen my wife maybe once every six months or so and she'd have to hesitc: te as to ·who .. it was. Q Do you know, over the period of years that you. were acquainted witl Stella Connelly, who made up that household, Mr. Kash? 'Yes. Who were they? Mary, her mother, her father, Esther and Stella. '. After Esther passed away, was there any change in the composition of the household? No, I never noticed. ..I Were your visits to the Connelly home after you stopped driving to <( § D :I Pittsburgh chiefly in the evening hours and· on weekends.pecause of ., X I" ... your work? I ~ ai . ' . 1: Ill ... 1: A Yes. ~ .. ' I . 0 . L Ill 1: Q Cross examine. ' ... 1: :I 0 u ..I . ' ~ ii: CROSS EXAMINATION BY MR. CARSON: (I. 0 Mr. Kash, where do you work? A Ryerson State Park. Q Where is it? -A Greene County. Q How long have you worked there? A Eight months. Alexander Kash, Jr.- Eight months. Are you on a monthly salary? No, sir. Are you, paid. by the day? Yes, sir. Are you qeing paid to testify here today? No, sir. You mean you are losing the time off f:rom your wor~day?. Yes, sir • .pid you talk to anyone about this case before you testified today? I talked to John Costello last evening. That's all. Had you ever talked to him before today,, before last evening? · No., sir. You used t.qe expre·ssion that the only thing about Stella's not be.ing able to m~e a Willi there was nothing other than old age. Am I correct -in quot_ing:.~0u said nothing other than o-ld age? I didn't say she couldn't make a Will._ I said she was getting up in age. And when you said no reason other than old age., what characterist~ cs about her were -you referring to? Her appearance, that's all. What particular thing about her appearance? Just like me; I'm gettinggray. You mean she got gray between '66 and '68? Well, I would say when I seen her without her wig she looked a lot 139 Alexander Kash. Jr. 140 older·than she did with it on. Q When is the first time you saw her without a wig.? A About 1960.' Q And between 1960 and 1964, did you ever see her without the wig on other than this one time you mentioned?_ ·::c A At home. i <( ~Q ~ You mean she normally didn't wear it around the house? Ill z ~A . ... . I wasn't there all the time. !wouldn't know. -But several times I di<' D. i 0 1-I!) stop in when she didn't have it on. z i Ill Q < :: Now before 19?01 she always wore the wig1 -didn't she? ..: l) A ii1 Whenever I seen her out on the street she aly.rays had it on. 1-Ill c Q .J _After 1960 did you ever see her out on the !street without the wig on? < u gA I never paid any attention._ ., :r: t. Q 1.11 Other than her hair, what other characteristics about her _did you ui a: Ill 1-a: notice that you were thinking of when you used the exp_ress_ion, othe-r 0 a. 'Ill a: ... than old age ? « :1 0 A l) Well, excuse me, but she wore clothes like Nora Riley. in that des 'gn. .J "" 0 ii: 'IL other than that, that's about it. 0 . . Q Was· she every bit as sharp as she had been before 1960? e A I didn't notice too much change in her. · ' ' Q ·In other words, you didn't see much change between before 1960 an::l right after 1960. Is that what you mean? A Right. Q When did you notice the change? MR. COSTEJ;.-LO: If the Court please, Mr. Kash has never said that he noticed any change. Q If the Court p1eas e, I believe he said other than old age. And I am trying to find· out when he noticed the old age . THE COURT: . We.wiU permit the question < Q When did you no tic~ the change, she was gettia'g older? z < ~A . From year to year. After I got to know her re~~.l well. t z ~ Q So what changes .did you n~tice besides·. her' hair an~ her clothing .sh i 0 ·~ wore? z· % ~A That was about it. :t She was every bit as alert as she had been before? Six o'clock in the morning it'~Jlpretty hard to find anybody alert, an that's most of the time I did see her. In other words, she was alert when you saw .her, is that right? . . She was more wide awake than I. . . She probably had more sleep the night before than you had, didn't s e? That might be it too, you know. Wh'en did you. do carpenter work around the Connelly home? A I've never done any carpenter work down there. Q What work have you done ? A I fixed faucets and things like that. Q Wnen you were driving Mary Rita to work in Pittsburgh, how much id she pay a trip? MR •. COSTELLO: If Your Honor please, this s ----------~~----------------~----QA~~liP.~x:a~m~dl~R.~~----------------------~-~1~4~2-- hardly relevant to the issue. We will object to it for that ::ne.:a;:s,<:>n. · What difference does it make? THE COURT: The objection is overruled. We will permit the question . (Stenographer reads back last question): "When you were driving Mary Rit;t o( to work in Pittsburgh, how much did she pay a trip?". z o( :i A $30. 00 a week. ~ z z .~ Q Is it $30. 00 a week you say? . Yes, sir. No, I'm sorry. It wasn't $30.00 a week. I think it's . something .like $30.00 a month. . ' .. How much was it?. It was $30 •. 00 a month., is what it was. That's whaf it was. How many days a week was that? Five days. S~·she paid you.· $30.00 a month for taking her back and forth to Pittsburgh approximately 20 times a month? Right.- And how long did that continue? A About eight years. Q When were· you married? A In 1950. Q Am I correct then thatyou never heard Stella Connelly speak inco- herently? A No. e o( z o( > .I > m z: z Ill IL ;i 0 II-II' z :t Ill •I( :~ 1.: II) i II-~ Q e ,.J •( ij Q :J ., :t 1:: N oi II: Ill ... 0: 0 0. Ill 0: ... 0: :I 0 0 ... o( ·:u ii: IL 0 e Alexander Kash, Jr. 143 Q Am I correct that she always responded to your pqu.estions? A Q A : Q A . Q A . Q A Q A Q . A Q I never asked questions. I'd greet her and that1 that would be about it. Well, didn't you; a little bit ago, testify that you engaged in conver sations with her? At times we talked about maybe roses or something like that or gr ss or something. Or she'd ask me how the farm was doing or how tl;le kids were doing and ~hat grades theywere in and things like that. ·I .Am I corr~ct then that her questions wer_e always coherent arid·.; sensible? They always seemed to be to me. And am I correct that her answers to you were always responsive? Sometimes they were slow; sometimes you had to wait for an answer. Other times she was 'prompt:? ~as she up to date on current affairs? I didn't bother to talk current news to her. Did she ever tell you of anything she ·had read in the news paper? _ I never paid too much attention. <> Actually1 you just saw her for a few minutes early in the morning1 is that right ? ~R. COSTELLO: If Your Honor please~ I--- Later on when I'd sto_p down in the evenings sometimes I'd spend an hour or two hours' down there talking. Talking to who? --------------~~A ________ B_o_th __ h_e_r~a~n-d __ ~ __ a_r_Y_'s __ ,m __ o_t_h_e_r_. __________________________________ ~·------1 . i Alexandei-Kash~ Jr. 144 Q And isn''t it a fact that during those conversations Stellla would usually fall asleep? A . . I I have never seen her fall asleep during a conversation; not when sllh.e i ij was involved in it. Q Well then is it your opinion t.§rat she was eyery.bit as a~ert in 1968 as she had been in 1960? MR., COSTELLO: If Your Honor please1 we will object because this is not the issue. This is not relevan1;, as to whether she was as afert is not the issue. It's repetitious in addition to that. THE COURT: ' ;. We will.hear the answer. The objection is overruled. g (Stenographer.reads back last question): "Well then is it your opinion that ., :1: it.: 1\11 <ri ;2: she was every bit as alert in 1968 as she had been in 1960?" ~ A I never bothered to compare alertness. I mean I talked to her as II: 0 Jll. lid ~~: affriend. I wasn't out there to cover up or anything else. lf-11: :J 8 Q Well then1 according to your judgment, she was the same in 1968 ,J •( i5 iii: Ill. 0 as she had been in 1960? ·. A Approximately the same. Q You say possibly the same? A Approximate ly.the same. Q What way had she changed thatyou observed? A Like I sa~.Ql before, she was getting older. Sometimes you might ha!re to repeat a question to her'for her to answer or something like tha Alexander Kash1 ·Jr. .145 but that's about all. Q Did she ever repeat questions to you? A Oh, yes. Q Quite frequently, didn't she? A I wouldn't say that. :! Q How frequently then? ~ ~A )o I don't know whatyou call quite frequen~ly._ Some people.! if they Ill z .. z ' 1111 L repeat it twice they say it'.s frequent. i eQ " When I asked you that' quest ion you said, _"Oh, yes.'~ How many z x Ill .4: := times .did you m~an? ~A Once or twice . .: .. ., a Q ... Apd how often did that happen? c ij iS A :I Not too often. ., :1: ·~ lr-Q <111 Well, once a day? .,; Ill: '~A ~ No, I never talked to her orice a day. 0 Pl. . ~ Q 1 .. How often did you talk to her? . a: ::I 8A Sometimes I might see her maybe once a week, sometimes maybe ,J •II: 0 i;: two or three weeks. at a time I didn't see her. II. 0 Q So when you answere~ Mr. Costello's question about how she acted daily, youdidn't really know, did you? .' MR. COSTELLO:, 1 didn't.ask him that questic n, . Mr •. Carson. Don't misquote it to the witness. And I obje.ct to this entire line of tactic:s. He's bullying thi man. He's taking things out of context and we ask the Alexander Kash1' Jr. 146 Court to intervene. . . TBIE COURT: ·The Court can't recall whether that" question was asked or not. We will leave it up to counsel. But we must remember that this is cross examination . o( Q. . It.is my recollection, Your Honor., that the witness opinionated to z ~ > ~ Mr. Costellq's rather leading questions which I didn't objeCt to, Ill z z 1111 D. that she rec<;>gnized other people on a dai ly bas-is. Isn't that correc 1 i 0 .. I!) Mr. Kash? z x . i'A . .. Well1 she _knew every., morning I was· coming there, she never hesitated, ti i she knew exactly when I w'as getting there. But she seen me everyd y. 1-(I) c .J ~ How she reacted to somebody else; I can't say because I wasn't . . u Q :::1 "'I around her when somebody else came around. :t 1:: Q N I see. So in other~words then you. are t~stifying only_ as to how ui 0: Ill .. 0: .she acted toward you.· 0 II. Ill a: A .. That!s right. I can't testify for anybody else. · · 0: :::1 0 Q u .J So am I. correct then that considering the fact that today approximately ~ u ii: IL seven people said there were times thatshe didn't know them~· for 0 all you know they are telling the truth, aren't they? MR. COSTELLO: If Your Honor please, this is argumentative and has no merits on cross examination. THE COURT: It is argumentative. Q Was there any day that she didn't know who you were? A Not that I know of. Alexander Kash1 Jr. 1147 ·1 Q Did she ever call you by name? A Yes. Q .Everyday? ·A Sometimes I didn't talk to her everyday Th:e:cfause she'd watch for me r-e COming down the street. When I was coming down the_ street she'd .'! -~ go in the housEB and tell Mary r·was out front. · z <( Q > ... > Actually, we are talking now ·about the,period before 1~65 1 aren't II) z z Ill we? IL i 0 A 1-., Right. z i Ill Q ,. <( := Now what time of the day would y~u see her after 1965? .,: A 0 i Oh, sometimes in the afternoon; sometimes inJhe· evening,. ~ependJng 1-ll a e ... o( 0 on when I was in Charleroi. i5 Q :I And at that time you were acting as-a carpenter you say? ., :E It: A w Yes. IIi a: .. . ,, Ill Q ... ·II: Did you ever Q.ave a mo'{ing busire ss? 0 D. Ill A a: .. No, sir. II: :I 0 Q u That was your father? ... o( i3 A iL: Yes, sir. Iii. 0 Q In 1968 was there ever a time that to the best of your ·knowledge sh e didn't k_now who you were wl}en she met you?. A No. Q How could you tell w~1en she knew who you were? A She'd start talking to me. Q Did she call you by name? Alexander Kash~ Jr. 48 A Not all the time. Q Did you ever start talking to her first? . A Sometimes. If .she opened the door when I kno"cked on the door~ something like that. I e Q Wny was it thatyou went down there in 1968? A· What I stated before. :$ z <( Q > ~ What was ·that? Ul z z A Ill Q. About the grass or the roses or fix a fa~ce~ or something like tha~, i 0 ... Cl or getting glassware . z i: Q Ill <( In other words, you were acting as a handy man around the house. := .,: A u ii: Not all the time. Wnen I had time I'd do it; when I didn't have time, ... !!! Q e· .J <( u I wouldn't do it. c Q ::J Wereyou paid for that work'? ., :1: /:: A C\1 ' I never bothered to take any pay beca?.s'e most of the time she didn' ai a: Ill ... ·' a: charge me for the glassware. 0 a.· Ill Q a: Who is she? ... a: ::J 0 A u Mary's mother. .J <( u Q iL .... She charged you for the glass~ are you say? 0 A I say she wouldn't . e . Q I beg your pard_on·. Where did she get the glassware? A Corning .. Q As a member of a _retiree's family she was able to get that? A I guess she was. ' Q Well, in other words, you don't know how she got the glass? I I Al·exander Kash, Jr. 149 A !·didn't bother to ask her. I th:lnk she had a purchasing card. Q Now you don't know whether she tol~ Corning she was getting that . for a member of the family or not? .• A . Maybe she stole it, for all I know. e ~ In other words, this was a friendly arrangement between you and <( Elizabeth Connelly that w~en you needed glass she'd get glass for y~u · · z <C > .J )o ' and when she needed the g~ass cut·and s9forth, you'd take care of tjlat? Ill z :z A 101 ill. No. It was not a friendly agreement between us. I offered· to pay i 0 II- 11!1 her for the glassware; she woul_dn't take the money. Or if I had the z i Ill <( 3': children with me and if she did take the money, before the ki~s wer 1~ ..: .U iii out the door they had the money in their pocket. So the only way I ... !!! Q e ... < ij could repay her for the glassware is to do li~tle odd things around Q :I the house. "'I :1: 1:: Q Ill So you have been a close friend of Mary Rita and her mother and hEr ui 0: bl ... 0: father for a good many years~ haven't you? 0 II. bl A 0: ... I would say so. 0: :I 0 Q u "Do you expect to be paid for your testifying here today? ... <( u A ii: II. No;~ I don't. 0 Q Have you been promised any glassware for coming here today? A No. Q ~ In ~967 did.she know you everytime she saw you? A At no. time did i ever go dqwn there that she didn't know me. She might not have known my children because she didn't se~Vifny children that often., But she did kriow me. lexander Kas h J • Q _She' c~ll.ed' you by name everytime? MJR. COSTELLO: · This is repetitious, Your Honor. I realize it's cross examination, but how manJI times? 150 THE COURT: I believe that part is repeti ·ion. < Q Did you attend the fune~al of Joseph Connelly? z ~ .J.A )o 1111 z z Q' lrJ II. And'I believe you said you were working when Stella .Connelly was "i 0 ... I') laid out . z i Ill A o( :t Yes. .,: tl Q iii: Did you pay your respects wl~en Jo~ eph Connelly was laid out at all. ... !! Q A .I No, I didn't'. < § Q Q :I ":I That's all. lC 5 THE COURT: · We are aboutto·adjournfor the day. ri a: l:i! ... a: 0 II. tl a: ... Ill: :a (At the direction of the Court, off-the-.record discussion was not -' recorde-d by the stenographer). 3 THE COURT: We will commence at 11:00 o'clock in the morning, .J < u ii: IL 0 tomorrow, and we will work-up until 3:00 o'clock in the afternoon. MR. CARSON: I'm sorry, Your Honor. I misunderstood you. I thought you said you had a hearing at 11. THE COURT: I have a hearing at 10. We will ·start at 11 and work until 3. And then we 'will determine _what our future. schedule is. If we could get Mr. Neremberg, if you report in the morning to us you get Mr. Nerem berg in later ci in the afternoon, we -could hear bm ------------..------------------~-~--~-------------------..,r--- ------------~~------------------~--~&~rginia Villella 151 later in the afternoon after another hearing I have scheduled. We will start tomorrow morning at 11· and work until 3~. ********** ~n yYednesday., Apri129, 1970, at lliOO o'clock·A.M., the hearing resum d. 5 z o( MR. COSTELLO: If Your Honor please, we are-ready to -proceed. > .... ')- Ill z THE COURT: . You may call your next witness.~ z u fl. i MR. COSTELLO: We will .call· Mrs. Virginia ViJJella. 0 .. c:l z i ID o( == .,:: l) ii: VIRGINIA VILLELLA IS CALLED AN:ID SW9RN. 1-!! Q. e ..1 < u ii :I DIRECT EXAMINATION BY MR •. COSTELLO: Q Would you tell us your name please? ... :t t: t'l A Virginia Villella. ai a: Ill 1-a: Q .What was your maiden name?~ _,_ 0 ~-a: ..,; A Virginia Sapia. a: :I 0 u Q Where do you live, Mrs. Villella? .JI .. u ii: ... A 715 McKean, Charleroi: 0 Q As it relates to the home.of Stella -connelly, where is this pro pert. ? e A Right nextdoor. ' Q How long have you lived there ? A All my life. Q . Mre you married? A Yes, I am. --------------~-------------------- Virginia Villella 152 Q Do you have children? A Three. Q Who makes up your household ? A My husband,. my three children and myself and plY mother. e Q How old are you? rt. A. 45. z c( > Q .J >-Did you know Stella Connelly? Ill z z A Ill II. Yes, I did. "i 0 ... Q 0 z Were you related to her.? 'X Ul A c( .:= No; sir.· ..: 0 Q 0: How long had you known or did you know Stella Connelly? ~ . Q A e .J c( i3 Q Q :I ., My whole life. I call your attention to the last four years of her life, beginning witP., -~ N we'll say the year 19t.Ei41 apd ask you whether or not, during tha~. ui II! Ill ... II! period.of time~: you had occasion to visit with and/or. taik w~th 0 II. Ill ·a: ... Stella Connelly? II! :I 0 A . 0 .J Usuaiily around two or three times a week.· And outside, just abou1 every-1 c( i3 iL ~ ... 0 day . . Q Where would these visits or conversations be, Mrs. Villella? e·. A In the back yard, if I threw my garbage and she'<,l be sweeping out front and I'd also be sweeping or shoveling the snow. Q Any visits in your home :or her home?. A She would wis:iit my mother. . . Q How. about you? Would you ever be a visitor in the Connelly home? Virginia Villella 153 A Yes~ two or three times a week. Q During this period~ particularly during the period of the fall of 196E~ immediately prii:Qr to and immediately after the death of Mr. Josep . ~ . Connelly, did you have occasion to observe Stella Connelly and to· talk with her? Yes. What can you tell us about her appearance at that time?. , S~e wasjust getting older, but nothing else. Can you tell us what your conversations wi:th'2Stella Connelly would be abOut at or around that time? It was usually. about the children. Whose children? My children. Becaus'e she didn't like to see me correct them and she'd say~ "They are. good children.'·' We'd talk about food and Mary Rita. Did she know your children? Definitely. Did she know their names? Oh, .yes. Did she know you? She always called me Verge. Your first name is Virginia? Yes. During this period and particularly during the times of -the great : Virginia Villella 154 losses which ~ere suffered when Esther died and· Jose ph died, did you or your family have ariy particularly cl.bse contacts with the Connelly family:? . . A Yes. My mother and 1 both cooked for them. And we went over and I remember.---. o(Q Did you work at their home during the funeral period?. z o( ~A Yes. .' )o Ill z ~Q D. Now what were you going to say? i eA Cl ·r remember wiping up the floor a~d Stella was sitting in the chair -a· d z i Ill o( ~ . she says. -,,_qur Joe is gone." ~Q ~ This ·is when Mr. Connelly died? Ill c A .I Yes . o( ij . gQ Did you have any further conversations about the loss, not what ., ,. ~ Ill. . . she said, if anything, but did you have any conversations with h~r ?· ui 0: Ill ... 0: _, MR. CARSON: This is objected to.as leadi1g. 0 D. Ill 0: ... Just let the witness tell what took place. 0: :J 0 0 The objection is overruled. .I o( ~Q ... Read her the question please . . . 0 (:Stenographer reads back last question): "Did you have any further con- versations about the loss, not what she said, if anything, but did you have >, any conv~rsations with her? 11 • . A Well, we would say·it was awful and things like that. . Q Did Stella then indicate to you that she kn_ew her brother, Jo~eph, lad ·passed away? -------~--- Virginia Villella 155 A MR. CARSON: Objected to as leading. THE COURT: , It is a leading question., but under the circumstances I thi~ it's not harmful to an~- one. We will permit the ariswer. ·. .. A :! She told me., "Our Jo:e is ·gone." z c( > Q .I >- Now did you visit the funeral home at Slezak's in. !=harleroi when Ill z z M D. Joseph Connelly died? i 0 A !-" Yes, I did. · z x Ill Q c( ~ ·•. Did you visit the funeral hotne when Esther died in 1966? ti A iii Yes, I did. ... Ill Q Q .I Did you. see Stella and other family members on that occasion? c( 0 Q A :J Yes. ., :1: ~· 1!1 Q Did you, on either or both of those occasions, have 'occasion to . ... ;~ ui 0: Ill ... 0: . speak to her and pay the usual condoleJ?.CeS? 0 D. Ill A 0: That was about all~ then I'd go over to Ma.ry Rita most ·of the time. ... 0: :J 0 Q u On the occasion of Joseph Connelly's death, did Miss Connelly kno'kr .I < 0 iL II; who you were? -0 A Yes. Q On the occasion of her sister Esther's death back in 1966, did she· know who you were? A Yes. Q Do you have any recollection during the period of 1968 or 1967 or 1966 at anytime v:hen Stella Connelly ?id not know you? Virginia Villella 156 A No. .Q Do you have any recollection during that same period of any time . ' when she; did not know where she was? No. Did you· notice any change in· stella's 'dress or appearance during the last three or· four years of her life ~which would indicate to you any marked change in either her physiCal qonditio~ or her mental condition? .•. No. She always wore dark, clean botton dresses or silk sometimes Now you have lived in this neighborhood al~ you·r life and I call your attention to a periqd again qf the last two or. three years of Miss Cormel- ly's iife. Did you ever-see Miss Connelly wandering about the stre ts lost? . No. You have seen ·her on the streetz have you not? . Yes. ~at wou.ld she ·be doing? Well, I'd see her~ like I say,. in the front of our house and we went shopping every Saturday, but that would b~ in the car. Q Do you know what the physical condition of Miss Connelly was, particularly with regard to her arthritic condition? A Her hands were bad. Q Witnesses have testified, at least one withess has testified that ever~ morning Stella would· get up and be there. to see Mary Rita off Virginia Villella 157 on her work to Pittsburgh. Do you know whether that is true.? A Yes, it is. And also, in tl:e evening, if her mother was going out, she'd make sure that she was there to get her supper. . . MR. CARSON: Objected to as hearsay. THE COURT: The objection is overruled. Q Mrs. Villella1 I know you are a 1ayman and perhaps do· not even knc w the legal tests for competency, bu.t in_your op~nion, do you believe that Stella Connelly v,ras,in. q_ctober of 1968~ able' and competent to make a Will dis posing. of her goods ? A Yes .. Q Do you believe that sh.e was able and competent to make a Will disposing_of her goods in 1966 when there has been testify adduced . . . that there had been a prior Will? A. Yes. Q To the best of your knqwledge, d_id you .. ever see or hear Stella Connelly say or do anything which would lead ·you to believe that she was not competent? A No. Q . Did you know Miss Connelly wore a wig? A Yes. Q Did you see her without her wig? A Yes • Q Did you see her.without her wig in the ear~ier years as well as the later years ? A Q· Yes. ,, ' Virginia Villella Where did you see this? A· Well, in her backyard, and in her home . And when I'd go up my .. steps I could look in t1er bedroom and I could see the wig on the sta d. ~ z c( > .J )o m z Q Cross examine. ~ CROSS EXAMINATION BY MR. CARSON: ll. Mrs. Villella, do you know Nora Riley? Yes~ I do. Am I correct that you live ori one· side of the Connelly home and she lives on the other side.? Yes. Am I also correct that she acgually lives on the second floor but there are windows that would overlook the Con_nelly backyard from her apartment? Yes. '• \. 158 You testified that over a period of years' you not:i.ced that Stella was get- ting older.· What1 spec'ifically, did you notice about her getting oldEr? Well, her hands, with the arthritic condition, and her hair, if she didn't have the wig on . . Q Did you notice anything else? A No. Wrinkles. Q You didn't notice that sh.e was getting forgetful? e ~ z <C > .J >-Q) z .z Ill II. i 0 1-l!) z i ill <C ~ ~ u iii 1-!!! c .J <C § c ;:) ., % • Virginia V~....,a.._ ______ ....._ ______ ~_..~..l.!.l.5"'-9 _ A No. Q . What church do you belong to? A Mother of Sorr'ows . Q Do you know of the time at 2:30 in the morning when Stella went out A Q A and Joseph Connelly had to go get her? I didn't see it. Did you h~ar about it ? I he.ard about it. . MR. COSTELLO: If Your Honor please, .it's a little late, .J ·suppose, but since there's no Jury, I suppose ; no harm has been done. She was totdd would . be hea~·say, so we would object for that reason and. ask that the answer be stricken. 1:: . Ill THE COURT: The objection is overruled·. IIi II: Ill Q 1-II: who told you about it? 0 II. Ill A II: 1-Ruth. II: :J 0 Q u· That's Ruth Logan? .J <C u A ii: Yes. II. 0 Q Did you ever discuss it with any member of the Connelly family? A No . Q That's all. (Witness. excused). -----~------------------------------------~------ . . Frank Mollis 160 FRANK MOLLIS. IS CALLED AND SWORN. DIRECT· EXAMINATION BY MR. COSTELLO: Q Would you give us your name please? · · A Frank Mollis. Q Where do you live, Mt£"~. Mollis? :$ A 331 Center Avenue, North Charleroi~ Pa. z < ~ Q .. )o How old are you? ll .. , z ~ A IL 63. i 0 ~ Q Have you lived in the Chai:-le:r~i area for any considerable period of z x Ill < ~ time? ... ..: -.. ~A .: 40 years . ... Ill ~Q •II: Are you presently employed? i5 g A No. I'm retired . . ., :1: .. ~.Q What was your occupation before you retired? ui a: -~A ~ Bakeryj I had a bakery busi_ness. II. Ill O:Q ... What was the ·name of the bakery? a: :I 8A ..1 Frank's Bakery . II( u iL Q U&. Where was it located'? 0 A 801 McKean Avenue, Charleroi, Pa •. . e Q How·long di. d you operate ~hat bakery: Mr. Mollis? A Eight years. Q When did you discontinue your business? A January 20, 1969. Q ~id you sell the business at that time? e .I cc ij Q :I ., .A Yes. Q Now during. the time you operated the business~ did you have occas , A Q A to become acquainted with Stella Connelly? Yes. You are not related to Stella Connelly~ are y~:m? No. How did you become acquainted with her? .· I knew Stella before I had the bakery for years ~efore I had it, and went to their home, visited \~ith my wife, which my wife is related to her sister-in-law. .. -Now during the course of the operat~on of your bakery business., d . . you come to see Stella Connelly·on any regular:-l;>asis? You mean at home? ~ Q No, at your bakery. iii 0: Ill A ... 0: Oh., yes. I waited on "her in the mornings. ·O II. Ill 0: Q ... Did you do your ow·ri ba¥-ing, Mr. Mollis ? · 0: :::1 0 A u Yes. .I "~. !:!·· Q .... .... When you say you waitecj. on her·in the mornings, isn't it a little 0 unusual for the baker to wait on customers·? A Well, the reason I had to wait on her, because the girls didn't come until 8:00 o'clock and she'd generally' get there early, before 8:00 o'clock, I'd say 90o/o of the times or more. Q During the year 1968, was Stella Connelly a regular customer at your bakeshop? e . e . o( z ·o( > ..J )o Ill :z :z 1111 'ijl, i 0 II-!!) z· x an < ·;:: ti i ~ Ill c ..J o( :0 Q ':1 ., -~ N ui a:: Frank Mollis 162 A Well, Yes, I'd sgty; she came in at least once or twice a week. But there was always some member, of the family there everyday. I gue~s they took turns, I don't know. Q When Stella would come would she be alone or would she be with someone? A Most of the time alone; Q What would she r normaliy do? . A .Well, I'd gener9-~ly s pe~k toher: say, 11Good Morning'' and she'd · . ·answer me. She proceeded on to tell me what she wanted and I gave it to her. MR.' .CARSON: . If the Court please, I'd like to object th~t this .is too remote, or to be more accurc:te at the· moment, I'd like to know what year we're talkin~ about. I!! Q' a:: 0 II. Ill a:: . We are ~alking about ,1968;tha:t was my question. ~ a:: ::l 8 Q ..J o( 0 ii: IL 0 A Q' A Q .. MR. CARSON: Do you have any recollection of what she would normally buy, Mr . MoHjs? Well, generally at that time in the morning it was mostly breakfast products like donuts and sw.eet rolls, coffeecake and so on. Did you have ·occasion during that year, 1968, to talk with Miss Connelly? " Well, you mean up until I had the bakery? Yes. During the time, 1968, yes. A I talked to her up until I had the bakery. ,-------------- Frank Mollis 163 You mean up until you didn't have the bakery# do you not? That's what I mean# until I sold out. What kind of things would you talk about, if you remember? For instance~ I'd ask her how she felt and maybe the weather and things in general. What would she say to you, if you remember anything particularly? ?he'd just answer me tpe question that I asked her . . Did you notice any such changes in her dress or her behavior or her speech or her convers~tions which would indicate to you that sl e had ui II: Ill ~ f Ill ~~: A ... II: :l 0 .u Q ~ 0 ii: A II. 0 become or was becoming an incompetent .person? ' Well, I ne~er noticed her speech# I mean the speech was all fine; but her dress , I never paid any attention to it. I don't pay any atte1 tion to anJ_Tone's dress. In your conversations with her, did' you have a-qy reason .to believe she did not know who "you were? She seemed to know;-rsbe answered my questions • I • When she asked about your wife# what would she call her? Nellie. Q Is that your wife's name? A That's her name1 yes. Q Had she known her for some period of time? A Yes. I imagine longer than she knew me. Q Mr. Mollis, as a layman, do you believe that Stella Connelly was competent to make a Will iri October of 1968? Frank Mollis 164 A Well1 as far as her1 the way she answered me, I'd seem to think sp.e Q o( z A ~ _, >-Ill . z z ., L i Q· g C) z .i ' -·~ i!: ti A ~ q) Q 10 ,J •I( Q ·10 :::J . ., ~ .A N A Q A Q was in her right mind. I would think s!'J.e could, as much as I know c f her.· Did you have any reason to believe that her behavior was unusual, outside the normal scope of the behavior of a person of her age or c-in any way at all? Not at no time. ·She ·always acted normal to met-and answered my ' t" . d • '11 ' . q~.es wns ecentl.Lo/.~'. .·,. . . YoU. did continue in your bakery business~· as I understand you, unt' Janura~yy 20th of 1969, is that righ_t? That's right. '' . Do you recall whether or not Stella c;:tme. in~o your shop after the death of Joseph_ Connelly which was in the fall of '68? · Yes1 she did. ' Did she .ever, by. ch~nce:. 'haye any discus.sions with you about that? Not what she said, but ciid· she ever talk about it? About her brother? Yes. ' No. Cross~ examine. . 0 Frank NI~o~l=li=s------~--------------------~1~1~6~5~ CROSS EXAMINATION BY MR. CARSON: Q Mr. Mollis1 what is the relationship between your: wife and the late Elizabeth ·connelly? A You mean the girl there? Q Her mother~ oc( A Her mother? They were cousins. z < > Q -I > Am t correct that som'etim'e before you opened your bakery shop th Ill z .. z Ill II; you were the proprietor, at least the ~anager ·of the Central Roo! i 0 .. " Room in Charleroi? z x Gl A o( ::: That's right. · . .,: Q 0 i Am I also correct that 'Joseph Connelly was an employee of yours? ... (D c A .J Yes . o( 0 ,g Q .. Did your wife ofteh work in the bakery shop with youj?? ., . . :1: ~ A 1'1 Yes. .· ti. Ill: ~·Q g. .... And isri't it a fact that she was the one that usually waite~ on Stella II. Ill a: . .. Connellywhen she came· in? a: ::t 0 A u Whenever she'd get there; but she .didn't get there until eight or. -I c:: . u ii: 11:. . . nine, .it just depended. But previous to that if there was no one .in t e 0 store I was forced to go in. Q Now do you know Olivia Foley, the lady sitting to my left? A Yes 1 I do.· Q' Now am I correct that she often came to your shop with Stella? A Yes. Q When you_r w lfe would be there. in the shop, would you still come ou ..1 o( ' Frank Mollis sometimes and wait on Stella when Qlivia was with her? A I don't recollect whether I waited---I waited on son~'l:any people .. ·I just can'bremember. I may.or ihtQ9-Y not. Do you recall your wife on one of these occasions saying to Mrs. '. Foley, "Oh, what a shame that poor Stella doesn't know. anything?" No, I don't. Approximately how many years did you know Stella Connelly? ~ ·' Oh, I'd say about 35 years. In other words, you kriew her when her bl:'o:ther worked for you? Oh, yes; pr~vious to that. Now in her ea~lier years ·she was a very bright woman, wasn't sheP. MH. COSTELLO: If Your Honor please, agait thiS iS not material. It iS not relevant; it IS remote in time. It goes to the credibility of the witness, ·Your Honor~ THE COURT: The objection is overruled. You may answer the q~estion .. ~ '(Stenographer reads back last question): "Now in her earlier year_s she we. s IL 0 a very bright woman, wasn't she?" A Well, she acted bright the last day I saw her ·as the first day I saw her, as far as I'm concerned, I never paid that !lluch attention. I 166 had no reason to discuss anything otherwise., only regular. normal 11hings. Q Over a period of 35 years you never noticed any deterioration in her mental ability? ------------------ Frank Mollis No. I'm not a psychologist. I couldn't figure that out. As a layman though,' you never noticed anything? No. On any occasion did you ever make the statement to Mrs. Foley tha, you sympathize with her because of the condition Stella was in? I don't remember ever discussing it. of what church are you a member, Mr. Mollis ?' ' . I don't go to any church. I'm not a membe'n~ of any church. . ' i ~Q That 1 s all. Thank you., z 'i ~ THE COURT:' · ~ I have one question, Mr. ·Mollis. Mr. Mollis, was Joe .,:: !:! Connelly an employee of yours at the bakeshop or before that? a: l-UI Ci A No. At the pool room: ..I cc u g THE COURT: That was before the bakeshop? ., . .. c& a: .~ THE COURT: II:' 0 ·· That's all. II. Ill a: 1- If Your Honor please, Mr. Mollis has another engage. ·. a: ::1 0 u .. o( ment and if Mr. Carson will agree, we win excuse him at this time . ~ MR.· CARSON: I v;.:ill be glad to excuse Mr. Mollis. II. 0 (Witness excused). MARY RITA CONNELLY IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. COSTELLO: Q Wou.ld you tell us your name please? A Mary Rita Connelly. . . 167 Marv Rita Connelly 168 Q Wher~ do you live~ Miss Connelly?. A . 717 McKean Avenue1 Charleroi. Q Where do you work? A In Pittsburghl. e Q For what company? ~A Blaw-Knox Chemical Plant1 Inc. It's a division of White Consolida1 ed. ~ ;:. .J > They're out of Cleveland . ll z: . z ~.Q How long haveyou worked there? i 0 ~.A Since 1948 .. :z :;: . ;Q How old are you please?· ... ~ ~A-a:: 44. 1-Ul e ~Q ·oil: 0 . gA During all of your adult lite: at least, where did you live? I was born at 717; I've lived there. all my life . ., X ~ . wQ pur~ng your lifetime~ then you have been· a reSident of 717 McKean ai 0: Ill . 1-0: Avenue . f· Ill o: A 1-Yes. 0: ;:) 8Q .J Was this also the home_ of Stella· Connelly? -· < 0 iL A ... Yes 1 it was. 0 Q You are the Executrix named in the Will dated October 221 1968 e wherein Stella Connelly was the testatrix1 is this correct? A That is correct. Q This willindicates that except for a $1,000.00 bequest to Olivia Foley, you are the residual heir. Is that also correc_t? A Yes, it is. -------1 ........ ------------~M:!:::a:::.=..r.y~ita Connelly e Q Of course, Mrs. Foley, who is the Contestant here. is your fathers sister, your aunt? A That'scorrect. Q Mrs. Foley has testified that after your Aunt Esther died, which ::!: .z o( > ..1 )o ill z. z . ~--A i ~ ~ z i iQI ; .Q :t #::. • " A ai a:: -~ Q' a:: 0 .. II. Ill a:: A 1-a:: ::l 0 Q u ..1 o( 0 ''ii: A ... 0 Q A Q A Q was in 1966, your Aunt S.tella, over a period of some two or three weeks, called for Esther, cililled her to meals and ac_ted in many ways as i~· she thought Esther was still ali v~. Now is this true? I've only heard of one instance. She went to the bottom of the steps and called. How many times didyou hear th:is ·? • ~ l ' Once. Was this shortly after or any_ length of time after-..: -when was it as relates to Esther's d.eath? I'd say it wa~ a few days after . Did this occur in 196·7.or 1968 or 1969? ·I didn't hear her .. Do you live in that house? Yes . Did you e~er talk. with Stella about Esther? Just the normal things. It was a shaane she had to die of cancer. Did Stella recognize the fact that her sister was ·dead? Yes, she did. Mrs .. Foley has testified also that your Aunt Stella wouldn't bathe, wouldn't wash her head during the last year or so that she lived. 169 : e e. Mar Rita Connell •' ·. IS that· true? · A I used to wash hei-head. Q Answer my question please. Don'.t make up your own. An.swer my questio~. {Stenographer recuds back last question): nMrs. Foley ha~ testified also th t your Aunt Stella wouldn't bathe, wouldn't wash her head.during the last ye r o( ·z i or so that she lived. Is·that true?" z: •. ~ A She did bathe . ... i. ·0 Q .... " Now was there any pr:Oblem with bathing that we ought to bring tot e z: i Ill <C :8: attantiqiil of. the Court ? •·· t A i Yes. Somebody had to help her into the tub because she couldn't ge If-Ill iii ,..I •( u iii :I in. Shewas afraid she'd f~lL And t~en sh~ h,ad. arth~itis .in her han,s. She was a little shaky . · . · "I ... ~ "" Q IN Now, as a matte~ of fact~ was she. helped to bathe and to wash and o- ui 'II: Ill .... a: 'forth? 0 II/ Ill A a: ..... ' . Not to b"athe; to get into the tub she was·: a: :I 0 Q u .J How· about the business <Dffwashing her ·hea~? Did she have proble s < § II. with ·that? II. 0 A She had arthritis in her hands. And I u.sed to put b?Lby oil on lier head then wash it. 170 Q You w~shed her head for her during the last, what period of time? .I A Q : ' About the last year. Did she ask you to do this or did yo_u do i~ voluntarily' or was there a problem getting her to agree to let you wash her head? Mary Rita Connelly 171 A No. I didn't have any problem to getting her to agree. Q Your aunt, Mrs. Foley,, 'has also testified that she sta:¥<erl at you.r home on McKean Avenue for some five or six months in 1968 as I understand her testimony. Is that right? A She's never been there five or six months at one time. ~ Q ·.What would be the averageJength, the m~imum length of the stay z ~ .I )o when she would stay in that periofl of time, the last year, '68, '67? 1!1 z z A ., II.. ·~ My fat her w.ent into the hospital. She was there for, oh, approxima ely i 0 1-" .about eight weeks. z : CD Q "' Now this was when? ::: ti ~ A It was more than six months before my father died. He died in Ql .Q e .I cC ij 0 Q :J October of '69 . This would be. early in the year of '68 then. "! : ~A Yes. ti 1!1: Iii Q 1-1!1: Did you ever help Stella take care of her dental plates? 0 Ill.· ~ A No. 1-a: :I 0 Q IJ Did she need help? .I c( u A iL No. ... 0 Q Did you ever know her to have any p~oblem as your aunt testified, .e identifying the uppers and the lowers? A No. Q There's been some testimony, Miss Connelly, from several people that your Aunt Stella didn't know yd>ur father as he lay in his ,coffin . . , Now I expect that you were at the funeral home when your father We s e A Q A R o( z o( ~A >-Ill z z ~Q i 0 II--~ z 2: ~A ~ ..: -U E Q '..I o( 0 i5 :I "' ~ IIIQ ui 0:: ·Ill ~- 0 II. Ill 0:: 1-0:: :I 0 u A ... < 0 iL Q II. 0 A Q Mary Rita Connelly laid out? .. o!f•'"f<, Yes. Did you have occasion 'to talk with your -A~nt Stella on that occasion I was mostly talking with the people when they carrie in. Do you. have any reason to believe that _she did pot know who yol:l.r father was as he lay in his coffin? No. When you and she talked at this time. was there any doubt in her m nd that your· father had died? She' said, "Our Joe is gone. Joe is gone; 11 MR. CARSON: Objected to as ·not being responsive. THE COURT: The objection is overruled. Mr. Ballkyy. who is also kind of a relative ·of yours. testified that at ym:1.r f~theris funeral you told him that_St~~la was senile and that . . ,she had to be watched all the time. Did you say anything like that? .I have never said Stella is senile. Did you ever say SteUa had to be watched all the time? No. He also .said something to the effect that you told him that Stella was slipping. Do you. recall anythin·g like that? A No. 172 Q. Do you recall, as a matter of fact.,. any conversation with Mr. Balk~y? A I was justi---you mean---_ ·' ' -- Mary Rita Connelly 173 Q Is there any conversation with him which stands out in your mind or A Q A Q :! :z. ·II: ;> . .J )o . <il z . :z 1111 1.- i 0 1,_ I)) z i ~A .. ~ ·- ~ iiJ i 1-Ill QQ. ',.J •( 0 . Q ::J ., :z: ~ N iii -Ill: Ull ·~ 0 II. Ull Q Ill: II-Ill: :;) D u .J c(· u A ii: i&. 0 Q A . ' would it just have been the normal funeral-home conversations? When? When my father died? Yes. She was very clcs e to my father and I knew she felt bad about it. Mrs. Zeuter testified that at Esth~r's funera~, which is in 1966, yor. . said something to her like this: "What will Stella do without i3stherl· II Now did .you Bay anything like that and if you did, what did you ~ea by it? I may have said it. Stella and Esther were very close. And I worriEd knowing that Stella would! miss ®stlaer. Did you mean that without Esther Stella was helpless? MR. CARSON: Objected to as leading. THE COURT: Yes. It's a leading question I think the que~ tion can be phrased' differently. . Would you tell the Court please, if.you have an explanation for the . comment, what it was? I'm sorry, !Ddon't u~derstand. The comm:ent being that what ·~ill Stella do without Esther. Well, as I say, they'were very close. And I knew Stella would miss Esther because they used to---well, they would go everyplace. Q Now another one ofyour cousins, Mr. Joseph Connell, testified that on one occasion over some years back, 1959, I believe, your famil·, including .your aunt, .went to his home in Mt. Lebanon. Do you rec~ 11 ----------~r----·----------~---~--~Mu~•a~Y~v~R~i~ta~C~o~n~n~e~l~lv~----~--------------~--~~1~·4 that visit? A Yes. " Q ·He said thatyou said something to the effect that he shouldn't worry about Aunt Stella dozing or taking .a nap because of her il~ness. Now e how about that? Did you make any comment about any illness? :!A Not about illness .. I have made comments abou~ S~ella dozing. z o( .~ Q Like what? ~ Ill . z ~-A D. • Stella would get up very early in the morning. She'd get up early in i 0 ~ "' the morn~ng with me. And then she would doze off •. :z :i: .i Q Was it unusual for her? n-: I!) A !;: No. Sh_e's done that for years. II• ill e ~-,Q < ij Miss Cohnelly1 during the last three or four years of your aunt's. Q :I '"I life, parFcularly after your father died1 what persons from outside ' ~ N the family have had the most personal contact with your Aunt Stella? IIi D: ,, Ill A . .. a:. O' My neighbors . D. Ill a: Q :~ ' :I ·Who would they be? . 0 u A ..1 Mostly Sapia's. ::! .. u Q. ii: 11. Would that include Mrs. Villella? 0 ~. A Yes. e Q Miss Riley came to visit her in the last year or two of her life? A Not to my know ledge. Q Is it true that as Mrs. Villella said, there was nearly a daily contact of some kind between your Aunt Stella and the Sapia fa!llily?' A A lot of times at night when I would come home after I came home rom Ma ita ConnellY----------'-----+.....!.i'.v..f"lsJ.- wor,l< I'd be out in the ba8k with Virginia and we'd be talkingj Stella might come ·out. Q Miss Connelly~ who is Helen Connell? A It's a cousin of mine; it's a sister of Bud's. Sister of Joseph Connell who was a witness in this case? A Yes. :$ z ~ Q Are you familiar with the handwriting of.Miss Connell? ,.J > ·, qn · ~ A I've seen it. ill IL Could ypu identify it? I think· I could. MH. CARSON: the purpose of this? MR. COSTELLO: May I have an offer ascto U.1~ ! As soon as the Judge has ' . had an opportunity to look at it. The purpos ej You Honor~ will be to indicate that Miss Conne:lly did mak a loan of $500. 00 to Helen M. Connell on November 27, 1967, or about that time in 1967,; that Miss Connel mustl·have felt that she was competent and our witness will testify, Your Honor~ that at the time t~e loan was arranged Mrs. Foley was there. . 1\IIR. CARSON: No objectii)n . an THE COURT: Will you mark it as/Exhibit: Mr. Costello? (Stenographer marks Proponent's Exhibit 1). --------...------------------------------------------------....---- e .. Marv Rita Connell v Q Miss Conne~ly1 I show you what has been marked Propo'nent's Exhibit Number 1 and ask you if you can identify first the writing arid the signature ? · A That's my _cousin1 Helen's. Q Now would you tell the Court when you found this? A :!: z o( ~Q > Cil z ~A II. i 0 ~Q . z . Hunting through Stella's papers. Was this before or after Stella's demise~ after she died or before? After she died. I almost forgot about it. 1r'Your Honor please~ we would offer Proponent's. Exhibit 1. i . ~ (Stenographer marks Proponent's Exhibit 2). ~ . .. ~ ~Q ll: Miss Connelly1 I show you what has been marlte.dl. Proponeq.t 's ... !!!! Ci ..i "' Exhibit Number 2 and ask you if you can ident'ify the signtuarec0.n the: t ' § D :I instrument? .., :ll ... ~A It's my Aunt Stella's. ui II: Ill Q ... II: Would you tell the Court what the anst~uiment is which we have had 0 D. -~ ... marked as Proponent 1's Exhibit 2? a: ;:) 0 A () This was the check that she had given to St. Jerome's when they ha~ .I < u ii: ... a building fund for the Convent. 0 176 Q Is this the St. Jerome's Church which she and. the rest of your fam'ly ·regularly attended? A That's correct. Q Were they in a building fund drive at or about that time? A Yes, they were. They had been after funds. Q If Your Honor,please~· we offer Proponent1.s Exhibit 2. Mary Rita Connelly 177 Where did you. find· that cancelled check arid receipt, Miss Connelly I? -"'";" ' ~ -. A I found it this morning when I was hunting for something. Q Among what? A Among Stella's papers. I was hunting for something of my dad's. 0 ·e MR. CARSON: If the Court please, since ;!; the validity of the instrument which Mr.· Costello now_, z < > .J >- ·I presume, proposes to introduc.e;,aS3an exhibit is not 01 z z w· II. at issue as of this moment in this proceeding, I pbject i 0 ... I!) to it being introduced_ at th\ts time . z .:£ Ul < lVlR. COSTELLO: If Your Honor please, it's ~ .,: u 01 · introduced for the purpose of showing a prior device ... Ul c. '.J or prior method for the purposes .of showing that < u Q ::l there was no substantial change from one document to . ., :t l:. C\1 another as it might reflect u-pon the competency. ·w~ vi 11: Ill t-Ill: are not trying to prove the validity of the instrument; . !nerely -o ilL Ill :0: that onE existed. ... II: ;:) 0 u THE COURT: The Court will permit ques · ions ... co( u .iL on the exhibits, but we will defer ruling on the -admiss~:L- 1L 0 bility of the exhibits u'ntil later: We will perm it the question on it now. MR. COSTELLO: All right, Your Honor. An . - if the Court piease, I have previously furnished Mr. Carson with a photocopy of the instrument and if at such time as the Court would receive the instrument, r--------.-r-----------------------------.------- -· Ma rv Rita Connellv 178 I would a.s_k leave to substitute a photocopy of the same MR. CARSON: No objection to that proceed 'ng. THE COURT: Very well. (Continued examination by Mr. Costello): Q Miss Connelly, after your Aunt Stella passed away, and as .you were o( going through her papers, did you come upon any other Will than z '-~ .I )o that which was dated October 22 of 1968 and which we have probated~ Ul z ~A a. Yes, a previous Will. i 0 ~Q-Do you recall the date of that Will_;? or approximate date of it? z x Ul o( == •·· I'm holding it in my hand, obviously. ~A a: -No, I don't._ .. Ul -;s ..~Q o( Do you recall what year? ij gA .., '67~ I believe . :1: ·5Q ui -In the Wil~, are you familiar with the terms of thatparticular Will? a: ~A a: ~ • . 1 I am now. 0 a. Ill ~Q You are ri.ow familiar with them? a: :I 8A Yes • .I o( ij ~Q Do you know who was named the Executrix in that Will? 0 A No, I don't on that will. Q Do you know who was the be~eficiary, the devisee on this Will? A She. had it split half with my father and half with me. Q If I were to tell you that par~graph three of the Will provided that . you were named as Executrix, would that refresh your memory? A No, It wouldn't. I had no occasion to look at it. ,-----------,~--------------------,-------~-~~~-------------~--- e .. ' .. e . . Mary Rita Connelly -179 -Q And if I were to tell you that the date is December 9, 1966 as indica ed here, could that possibly be right? A It could. Q You commuted to Pittsburgh everyday, Miss Connelly? A Yes, I did • . ~Q Did you do this during the last years of your aunt's life? z < > ~A Yes. I've done it since 1948. Ill' z z ~Q i Cam~ home everynight? 0 ~A z Yes.· i Ul -~Q Did you have conversations with your aunt everynight, everyday? ..: ~A < · Normal conversations about_, usually about work . ... Ul Q ~Q Di.d you see her in the morning as well as at night;? u . gA ., Every morning. :1: ~ N dVIR. CARSON: Mr. Ca:;tello, which·aunt a e ai a: Ill ... a: 0 you referring to? II. Ill ~Q a: All of our ref e~ences, Mary Rita, will be directed to Aunt St_ella, :J 0 u ... who is the testatrix in th'e issue. Did, during this. period of time, c( u ii: IL 0 you notice anything in the behavior of your Aunt Stella which would ave · caused you to pause and question her ability to make a Will? A No. Q Did her relationships or her attitudes or her treatment of you chan1 e in any" degree during those last two or three years, 1968, 1967, 191 6? A No. She was the same up until the day she died as when I was a little child. ·I ! I I ·: .. I .. I e. Mary Rita Connelly Q Could you have conversations with her? A Sure. Q Did she know who you were? A ·Yes. Q Did she know Virginia Sapia Villella? oe A Yes. z o( · ~ Q Did you ever see her have difficulty recognizing people with vfhom ~ z 'z . ~ she cameinto contact on the daily or very regular1basis? i ~ Not on a regular basis. z x ·~ Q She knew Olivia? She knew your Aunt Olivia? := Yes. Did she go. to the bakery alone on occasions? . . MR. CARSON: . !his is objected to unless the Q A Q A Q witness can follow it up with how she knew this. She 'l already testified she was .in Pittsburgh 12 hours a day We'll take care. of this. THE COURT: · On Saturdays I'd be ho~e. You have seen her go? Yes. Seen her return? Yes. The objection is overruled. Do.,•you know why she went to the bakery or why. your family, matter~ went to the bakery every morning or almost every mornin A My family likes 'N SW•3et stuff, especially ·stella. t 180 Mary Rita Connelly 181 Q You are a layman. And you are the Proponent of this Will. You are n·ot <?n.ly the Executrix but you are the person who will substantially benefit by this Will. But you are also under oath. Now do you know of any circumstances .• based on yo~.r observations of your·aunt's behavior, which would lead you to believe that ·she was not compete t ··:( to make a Will in the fall1 Oetober to be exact, of 1968? z •:( :> A ,.J :,. No. 0 Ill .z z Q VII '. II. Do you. know of anything in h~ behavior in 1967 or 1966 which woul i 0 ·~ have indicated to yoU: that she was not able to make a Will? z x ~.A 3: Nqne that I know of. ti Q i Did your aunt know who she was? ti Q A .J Yes . c( ij ~ she gQ Did she know where;\vas? ., :z: " 5A Yes. ... ai .. a: . ~Q 0 Did she recognize your. siste·r when your ,sister came .to visit or II. Ill a: ... when you 'visited there? a: ::l 8A Yes . .J c( ij Q ii: IL · How about your nieces and nephews, your sister's children? 0 A Yes. She knew them. My niece was her favorite. Q What's her name? A Yvonne. She called her Toots. Q Did she recognize Mr. Kash on his visits to ·your home? A Yes. -MR. CARSON: This is objected to as hear~ay. > .. Marv·Rita Connelly 182 There's been no foundation to show how she would kno\ who her aunt recognized; no tes~1mony that she was pr sent. THE COURT: The objection is overruled.· Q Did your aunt then, in her appearance, her d~ess or her conveu±- sations, indicate to you anything w,hich would have put you .on guard ,zA No. . •. ~-~Q lDI In yqur opinion, was ~he then competent to make a Will in October · z z 1:1 .. of 1968? i '. . .. 0 ~A Yes. z i Ill . ·. ~ Q . Was she competent to make a Will in October of 1966? ' ~ .. ~A II: Yes. I"' 1111 Q . .J Q < Until the time.of the passing of your aunt, which was in March of § ll :I ., 1969, did she maintain her devotion to her church? .~ lll A .Yes. She would go to church every morning and on Sundays if 'I ai. a: 1!! a: went to late Mass· she would go back with jae. 0 II. Ill . ~Q It was not unusual for her to go several times in a day~ a: :I 0 A u No • ... < 0 ii: Q IL I think that concludes our dir.ect exam~nation, Your oHonor. 0 THE COURT: Recess until 1:30 this afternoon. R E C E S S Mary Rita Connelly {At 1:30 o'clock P.M.~ this same date1 the hearing resumed): THE-COURT: Mr. Costello~ were you through with your direct examination? MR. COSTELLO: Yes~ You.r Honor. ~ z . ~ MARY RITA CONNELLY RESUMES THE STAND. ~CROSS EXAMINATION BY MR. CARSON: z - Ill ~Q g C) z x en cc _;:: ~ . ii! ~ Q '.J cc u 'Ci :l .., ~ l\1 ui a: Ill I-~A II. Ill a: ~Q 0 u ~A u ii: ~Q A Q A Q ' Miss Connelly, this morning in connection with Exhibit Number 11 the letter showing1 or at least the note showing $500. 00 as being -owed to Stella Connelly by Helen Connel~. I understood Mr. Costello was going to bring OUt SOme other matteTS1 but since it wasn't dOnE I why, I will do so now. And specifically, I believe you said you wer- present when that financial transaction was arranged with Stella ·Connelly. Yes, I was. Where did t;h.is take place? 717 McKean Avenue. Yes, but what part of the house? We werein the kitchen. And who is we? . The family~ Mrs. Foley and Mr. Foley and Helen Connell. So in other words, then it would be yourself and Mrs. Foley. That's right. .· 183 n ~nct~~~t-.o~,-1~11~~-------~~------------------------------~--------~------- .---------------rr---------------------------------------------------------------------.------ Marv Rita Connelly 184 ' A Yes. Q And Helen? A Yes. Q And was Mr. Foley present.? .. A Yes, he was. ~Q And your father and mother'? z < ~A >-Yes. Ol z ~Q With everyone in the kitchen, I presume you· were at the dining tabl ? i 0 ~A Yes. .. z % ~Q := What was the purpose of this loan, ifyou know? ~ 0 a: . . MR. COSTELLO: If Your Honor please, I don't '" (I) Q .J think that'is material 'tt:ctltbe issues . .at hand. We will < § Q :I "'I object to it for that reason. :1: ~ ('I THE COURT: . The objection is overruled. ui J 0: Ill Q '" 0: You may answer the question. 0 II. Ill 0: A '" I don't know what Helen was using it for. 0: :I 0 Q 0 ... In other words, you didn't hear her say what she needed the m.oney ' ~ 0 ii: IL for? 0 A She came up to ask my aunt if she could borrow $500,00. ~_jut I Q But I say youdidn't hear her say w_hat she wanted it for? A No, I didn't. Q Did your father approge of the making of the "loan? MR. COSTELLO: If Your Honor please, this is completely irrelevant again to the _issue and therefc re, ~-------------------------------------------------------------------------------------------- --------------------~---- Mary Rita Connelly we would object. It 'Yas Stella Connelly's monew~. Q I submit it goes to the cr~dibility and recollection of this witness, Your Honor. THE COURT: The objection is overruled. (Stenographer reads bas:k last question): "Did your father 'approve of the making of the loan? o( • z < ~A Yes. > ~ Gl z • ~ Q As a matter of fac"t, he wrote out the check, didn't he?, i ·~A I didn't see him write the check. ~ z i i Q Well, I say did he write the check? I didn't say sign. I mean did he ...: 2 ~t: ... Ill oA ..II .. u gQ .., :r: . ~·A ai a:: ~ Q' a:: 0 II. ~A .... II: ;) 8Q .J.. < ~A ... 0 fill ou.t the check? I didn't see him write the check . Did you see him sign it? .... ~ No. He wouldn't have signed it. It's not his !Uoney~ It's Stella's. In other words~ you don't know who wrote·the check, ·is: that right? No,· I didn't see anybody sign it. Did Stella write the check? I don't know. I didn't see them make the check out .. 185 Well, was· the. check not writteri whenE:ei~teT;yoae was around the tablE'? A I was helping with dinner. They came up and we had a meal. Q Do you know when the check was written? A Helen took it with her that day but what time it was written, I don't know . . Q In other words, it was not written while everyone was sitting aroun~ Marv Rita Connelly 186 the table. A We could have been in the kitchm. I'm not sitting around the table all the time. If you have company you're trying to get a meal prepa1 ed . and get it on the'table. Well, this table was :i!n the kitchen or in the diningroom? In the kitchen. We usually eat in the kitchen. So you were preparing a meal in the sal?e room, weren't you? Yes. Did your father take any part in this conversation that you heard? Not that I heard. Well, this may help your memory then. Do you recall your Aunt Stella turning to your father and ~aying, "Joe; do I have that much ·mon~y? No, I didn't hear it. Did you hear your father s9-y, "Yes, I'm handling your affairs ·now. You have it?'' .1' .. I'm sorry. I didn't hear. Do you remember approximately when it was thatyou found the note from Helen, regarding the $500.00? I was hunting through some papers when I fou·nd it. Yes, but can you tell us when that was, approximately? Approximate date ? ND. Can you tell us what year? It was after Stella died. r-----------------------~~----~.--------~----1 I -------11--------------'Marv Rita Connellv 187 Q Y~s~ but you say it was after Stella died. Now she 'died March of 1969~ right? A That's right. Q Can you tell us what part of 1969 or 1970 it was that you found that e paper? ~A It was in '69. z o( • ~Q You can't tell me any closer than that as to what Part of '69? Ul z z ~A No. I was huhting for things for my father. and I ran across it'. .i 0 ~Q ' . In other words~ you don't know.if it was the summer of-the fall? z i. ~A ;: . It would have been late fall. ' . ti . iQ .. And this Will which was dated in December of 1966~ when .did you Ul a e ,J o( ij §A find it? After Stella died . ., ~ ·"'Q Can you tell us when after she died~ approximately? ai 0:: ~A 0:: 0 Approximately about two weeks after,!' d say. .. D. Ill ~Q I'm sorry, I didn't hear how many. 0:: :I 8A About two weeks. ,J o( ij ~Q Thank you. Did you read the Will at that time? 0 A I glanced at it. e Q When did you first ~earn that you were ·named Executrix in that Will? ·A This. morning. I didn't know l was Executrix in the previous Will. I had no occasion to look at her Will. Q When did you learn of the provisions of that Will then? A This Will or the previous Will? -~-------.----~-- Ma'Y!v,.'Rita Connellv 188 Q The 1966 Will. A WB.en I found it, I just glanced at it and kept it. Q · Well, a moment ago you said you didn't realize until this morning that you were the ~xE:cutrix named in that Will. Is that correct? A That's correct. I just glanced over the Will. '(Q You said what? z < ~A > The 1966 Will, I glanced over. IJ) z z ~Q' I see. At that time you didn't notice that you ha,d been named Execu rix? i 0 ~A z No, I didn't. 4 x • Ul ~Q Did you notice at that time thatyou had been named as one of the ber eficia .,: u· iil aries? 1-Ul ~A '·~· ·< Yes, I did notice that. § gQ ., And did you notice that your father was named as one of the bene- ~ N ficiaries? ai 0:: ~A Yes .. . o II. Ill 0:: Q 1-Miss Connelly, do you deny thatyour Aunt Stella didn't kno"w your 0:: ::l 0 u .J cousin Joe or Bud as his nickname is, at the time when he visited . < . ij ii: ... the funeral home when your Aunt Esthe:-'.was lafd out? 0 A I'm sorry, I didn't hear it. '" .,. (Stenographer reads back l:lst question): "Miss Connelly, do you deny that your Aunt Stella didn't know your cousin Joe or Bud as his nickname is, at the ti:tne when he visited the funeral home when your Aunt Esther wa~ laid out?'' A I deny that Stella didn't know him down at the house, was when Mary Rita Connelly 189 I told them. Q So you deny that she didn't know him dowm at the house? A Down the· hous·e or at the funeral home. Q Either place? Did she know him either place? e A At the house I told her that it was Bud. o( Q At the house you told her it was Bud. Is that what you just said? z o( A > .I Yes, because I was there. > Ul z z Q Ill II. Now when your father was.laid out at Slezak's Funeral Home, didn' i 0 1-(!) you at least, on one '~ccasion tell your Aunt Stella that that was you z x U)• o( father in the coffin? :I: ~A 0: No, I don't remember telling her th~t. 1-Ul e CQ .I o( 0 c A :I You don't remembeli'? That's right. ., ~ :1: ~Q " .. ~ Was it possible then that you might have done that in the presence oi 0: Ill 1-of other witnesses? · 0: 0 II. ~A If I was I was under a mental strain • .... 0: j 8Q In qther words., ·you are not denying having said that? .I o( ~A II. I can't say I said it or I didn't say it. 0 Q Very well. Am I correct that at least in earlier days Joe Connell e had been a favorite of your Aunt Stella's.? A He was one of the fu.vorites. Q Do you deny that during the course of your Aunt Esther's funeral that Stella didn't know your cousin, Mere edes Zeuter? A She hadn't seen him for years. ' e I . : e . e . I Mary Rita Connelly 190 Q In other w.ords, you are admitting then that she didn't know him, is A Q A :$ Q z < ~A >-Ill z z Ill 11. i 0 .... Cl z i Ill A ~ ~Q II: .. Ill i:i .I < u i:iA :I ., 5Q ui II: Ill ... II: 0 11. Ill II: .. II: :I 8A .I < ~Q 1&. 0 A Q A Q that right? Yes. Are you caiso admitting she didn't know Carl Balkey? I can't hones t(y say. To the best of your knowledge, did she know Albert,Balkey? Again, 'I can~t say. MR. COSTELLO: I'm having difficulty hearin1 you., Mary Rita . I'm sorry. ' Do you deny thatyour Aunt Stella didn't know Alice Hantisse at you·r Aunt Esther's funera 1? ' I I cannot swear to it. I was around ~tie coffin and I've ne<Ver: heard it I see. In other words, theri you are not denying what Mercedes Zeu er, C I Carl Balkey and Alice Hantisse said with regard to· your Aunt Stelle: .,... . ~ . , ... < not knowing them. Is that correct? You're not·denying-their statem nts? I can't deny it or I can't confirm it . Are you denying that your Aunt Stella did not -know Mercedes Zeuter when your father was laid out? You did ask me that. ,, No, I was referring to your Aunt Esther. In.case you misunderstocd me, would you like to change your answers that you just gave me? No. Now so we get this straight, I am now talking about when your fathe'Y' e " -' A Q A :s z o( Q· ·> .... > fl) z z 1!11 II. i 0 ... Cl z i fl) A ; ti a: .. fl) CiQ ..... o( 0 0 :I . ., ~ w ui 0: Ill .. 0: 0 II. Ill 0: .. 0: :I 0 u . ... o( 0 ii: 1&. 0 Mary Rita Cilllll..elJ.Y-----------..,--~---=l..,.Jli_ was laid out. Doyou deny that your Aun~ Stella did no.t know Merced~s Zeuter at that time? I would deny it. Do you deny that your -Aunt St~lla _did not know a cousin~ Carl Balke~, when your father was 'laid out? To my recollection I cannot honestly say I had seen them. I am sure Mr. Cost€1no cia.\ii.!:fiHear.§tou. I am sure lVIR. COSTELLO: I can't hear anything you're saying • I'm sorry. I was over at the coffin. I had people and friends of th family and I was taLking .. How far w~s. it from where you were standing·at the coffin to .where your Aunt Stella was sitting with' Alice Hantisse at" the time ofyour father's funeral or not so mu'ch at the time o( the funeral, but durin~ the time he was laid out at Slezek's? , - MR. COSTELLO: , If Your Honor please, first of all, there's been no establishment of the fact that sl e ' . knew where either Stella ~r .Miss Hantisse was sitting; and if that question is asked and answered, perhaps th s next qu.estion is appropriate. I would object for that reason. .I I ' Q All right. I'll be glad to rephrase my question. While you were stan~ing at your father's coffin receiving persons who came to pay their res{:ects, where was your Aunt Stella sitting? Mary Rita Connelly 192 ' A As far as distance you mean? Q Yes1 Ma'am. A About where---ohl about where thg girlis sitting. Q Indicating four or fiv·e feet? A At least that. Q <( Now do you recall various persons such as Alice Hantisse and Anna :z • ·I( :> ,..( Mary Schwendeman 's~tting with .your Aunt Stella, during the course ·o ~ 01 z z Ill that time? II., i gA 1!1 I had seen Alice; I had seen Anna Mary Schwendeman. As I say,, I z i Ul <( wasn't paying too much attention to--they'd come in and tallc- := ~Q 0:: ... It's bem testified as I recall by those two persons as· well as by you~r-. ' .. . . . ... -' Ul Q .J ~;ut!fuOlivia that during this time you; Aunt Stella k~pt sayi~g, "I o( u Q :I want to go home." Did yo~ ever hear her make ~hat statement? "'I :1: t:.A N No, I did not. ui .. 0:: I!!Q 0:: And it'~ru=ls:GDbeen testified that she .told Alice Hantisse with reference ' . . . . 0 n. Ill 0:: to your father, "I don'fknow him." Did you hear her ·make that ... ·0:: :I 0 u statement? .J o( §A ... I did not • ... . 0 Q Do you also deny that on one of these occasions you went up to her and said, ''Aunt stella, that's daddy." Do you deny making that statement? A I do not remember making that statement. I was under an emotiona shock. Q About the end of Lent in 1967, do you recall going in the automobile ----------~~--------------------~M~ra:a~iliLConnellY-------------------------~-·1~9~3- . e ::!:.A z o( ~Q > 01 z ~A IL i ~Q z x 1111 <C ~ 1.: .~A Ill: II-Ill Q e .J <C u Q Q :I "'I X ~A ai II: ~Q 0 II.. Ill ~~:.A ... II: :I 0 Q 0 .J <C u ii: ... 0 e Q with your mother to look for your Aunt Stella bec-ause she hadn't returned from church and you found her at the corner ·of Seventh Street and Fallowfield: Averiue and in the presence ,()f Cecelia· Moussiaux and Alice Hantisse you asked. your Aunt Stella, "Where have you been?'' Do you remember that~ No, I do not. Do you d~ny that that happened? I do. In other words, when those y.r_itnesses m·ade such statements~ they were lying? I did not look for Stell:m in the car. I've never looked for Stella in the car. Did you ever go for her on foot? ... :.- ' No.· I had no reason to. . She never go~ fost? . No . You are saying that even though some seven witnesses have told about her getting lost, going home from church--- MR. COSTELLO: If the Court please, ·Mr. Carson has a perfect right to examine this Proponent. But he doesn't have a right to say that witness here testified this woman was picked up in the car because there has been no such testimony. If the Cour_t please, my recollection differs from Mr. Costello's e· ! z ~ ~ Ill) ~z z· Ill Ill; i 0 .,. ·C) z i Clll ~ ~ i 1-!!! a .... < § Q :I ., ~ l'l ~UII II: 1111 ... ~ 0: 0 Q, bll 0: ... It: :;J) 0 u .... o( u if a ___ _;,_ __ -! ~---~--- Mary Rita Connelly 194 on this. And 1, of course, realize the record will speak for itself. Having lived ~ith this case for over a y~ar and .having reviewed the Depositions, I may be in error as to what was said. here in Court but I believe that"is what was testified. THE COURT: The Court cannot recall exactly wh~t the testimony was in that respect. But . it is improper for counsel to ask the question that he· • ' I has propounded to this witness about six or seven other persons making different remarks. T_hat is 'in the recc rd . ·And. this witness doesn't have to be reminded of that, whether it be 'correct or incorrect. It is improper to . . ' I! remind the witness of·ii. MR. CARSON: If the Court please, I think that my-question was. an effort to ~erriind this witness ~f what she said on that occasion. T.HE COURT: But in your efforts to do so you are statiO:g that six' oi: seven other witnesses h~ ve contradicted her. T}:lat is improper. It is a matter of I record. It's just as improper as askingc:a witness, "D? you. recall that you are under oath now? Don't tell us a lie." When you are under oath you don't ha\e to be recalled that you are under oath. When six or seven other witnesses testify contrary to what you may be testifying, it isn't necessary_ and it is improper e :! z <( > ..1 >-m z z Ill a. ~· ~ " z % l(j <( ~ ..,: 0 i .. Ill 0 e ..1 « ~ 0 :I "'l :t ~ Ill IIi 1: Ill .. 1: 0 II. Ill 1: .. II: :I 0 0 .J o( 6 iii: Ill. 0 e Ma:r:• Rita Connell to call thal: to the witness's attention. . MR. CARSON: I see. · (At the direction of Mr. Carson~ off-the-record discussion.was not record d · ·by the stenographer). ,. THE COURT:· ·Mr. Carson, if you wish to broach this subj eel again, we ~ill permit you. to. do so; I "wouldsu~g~~t .that t~:. t~ing th~t is gett~r;g us in trou,le · · · · y~ · k f f · th · I · 1s your cotnpound questwns ~ ou as our or 1ve 1n s -. »-... '"' ~ • ~ in one question. If there is one i~em in there that the witness d~esr:-'t agree w~t~, th~n she is going to disag lee '¥ith the whole thing •..• You. start o~t by sii.yillg, do yot . deny that you went to a certam pla~e imd did a certain! thmg and a nu;mb~r of people .were there and so anffiso, was' said .. Le't's ·have _simple questions and.IfOt com- . " pou~d qu~stions and we ~n get an answer· to each one ' ' of those an~ we;~vill_know wha:t. we'are adm :itting and lhat we are denying. I think that's where our trouble is. We try to save ;i.me occasionally by asking these com j pound .questions but in the end it just takes up more ·time. Q 'thank you for your suggestion~ Your Honor. I will: certainly try to ask the questions in the manner that. the witness can understand them. Miss Connelly~ do· you recall going to the front room at Slezak's while your father wa~ laid out and telling your Aunt Olivia II· A Q A Q :!A z o( ~Q ~ z z Ill L i Marv Rita Connelly that your Aunt .Stella wanted to go home? No., I don't. Do you deny making such a statement to your Aunt Olivia? I do not recall. . Well, do you deny making such a statement? Yes, I do~ Do you recall on this same occasion commenting to your Aunt Olivi< . ' why she, referring to :::telia.,. doe.sn't _even know daddy? ... ~ A I'm sorry, I didn't hear you. ' z 196 x , i (Stenographer reads back last q~es tion): "Do you recall on 1his same occal 'io?- ~ co~menting to your Aunt Olivia why she, referring to Stella, doesn't even t ~ know daddy?" oe( ij g A No . ., 5Q And do you deny making such a statement? IIi ~ . ~~·A ~ I. 0 Yes. . ' II. 1111 ~Q ~ ~ .. " In your work i~ Pi.ttsburgh you leave··at wh8;t hou~: ip. the mornihg? 'I: :::1 8A ,J ~uarter after: six in the morning. ~ i5 i;: Q Ill. And what time do you return?· 0 A · At the earliest, about 7:00 o'clock at night. Q And how many days a week is that? A Right now it's five. Q And in 1968 how many days a week was that? A Five. Q Arid what five days woul<;l· they be? e e A Q A Q A .rtQ z cC ~A )o Ill z :z: 1111 Q 1m. i ~A I!) :z: i !DQ ~ ti iii: ... Ill a A ... cC u gQ .., :z: ~A ui 0: l!!Q 0: 0 D. Ill 0: ... 0: :J 8A ... . _ cC ~Q IL 0 Mary_Rita Connelly: Monday through Friday. In other words1 you ha,lfi ..weekends off? Yes. Do you know Dr. John Fo~sythe_? I've heard of him; I've never seen him. He's a Chiropoaist in Charleroi1 is he not? Yes. Do you know whether or not you_r.Aur:-t Stella was a patient of ~is?· .. Yes. I'm sorry. I'm compounding my questions, Your· Honor. To your ' knowledge ,was ·your Aunt Stella a patient. of Dr. Forsythe? Yes1 she.was. Di~ you ever take your Aunt. Stella to Dr. Forsythe's office? Up:o the corner of his ·office, but I've· never gone in. • . 1 ' ' Now that would be at the corner of F_ourth Street and Washington Avenue? That's correct . Can you tell US! w.hen you took her there? MR. COSTELLO: If Your Honor please1 I am going to Gbject because of the lack of relevancy and 197 materiality. It's difficult for m·e to see how the relatipn- ship of a Chiropodist would have any importance. I would object for that reason. Q If the Court please, I submit it goes to the credibility of the witness. Marv Rita Connelly 198 THE COURT: The objection is overruled. . . (Stenographer reads back last question): "Can you_ tell us when you took her there? 11 A When I was home and she had an appointment. Q Can you tell us what year? · c(A I think I took her several times in 1968. z c( ~Q To the best of your knowledge,· did you ever" take her there before 1 ~68? · Ill z z ~A My father would take her. i 0 ~Q z And when did he start to take her to Dr. Forsythe's office?, x Ill ~A I can't answer it.; When I wasn't hor:ne. I ' ~ J t= 0 ~Q Am I correct-that you took her to Dr. Forsythe's office because he Ill Q e .I c( u Q ;:) ., refused to make an appoip.tment with her unless someone took her to the office? X t:. N A No. It was hard for her to walk up. Rather than h<:we her walk up, ai 0:: Ill 1-0:: she's old, I figured it.would be easier:.to take'her .. 0 0.. Ill 0:: Q 1-·Are you fam.iliar with the fact that Br. Forsythe co~pl~."iried about" 0:: :J 0 0 .I how she would wander off from his office when no member of the c( u ii: II. family stayed with her? 0 A I've never heard it. Q So then your testimony is that you were not aware that he refused to make an appointment unless somebody would stay with her? Is that correct.? You don't know that? A That's right. Q In 1970 did your Aunt Stella have a family physidan? Mary Rita ConneHy 199. MR. COSTELLO: If the Court please, in 197 .· this woman had been dead a year. , I beg your pardon. You're quite right, Mr. Costello. In 1969. A She has been under the care of Dr. Costa and· Dr. Paluso. We have had him for a family physician. ~ o(Q And in ·1969, to the best of your knowledge, did Dr. Costa attend z o( > ... > II) .. z to your Aunt Stella at any time? Please don.'t look at Mr. Costello . .. ' •.i ..::. . .._, ,. ~A Q, I'm not. i 0 If-" MH. COSTELLO: Mr. Carson, I couldn't pos ibly z i Dl o( == .. see this girl through you, so don't pass' any inference~. ' . t Q i I apologize. I was standing between cours el and the witness. . . .... Dl Q e ... o( u MR. COSTELLO: I have no objection, but dou 't Q :I try to infer this girl was looking at me. I'm not at all ., :1: ~ lll interested in that. ai 0:: Ill Q ... 0:: Almost every other qu.eshon, Mr. Costello, she iooks at you. 0 D. Ill 0:: ~ ... 0:: ·::~ MR. COSTELLO: ·I'd be glad if I could see heln. 0 u I can't even hear he~. ... o( u ii: Q IL In 1969, to the best of your knowledge, did Dr·. Costa ever attend 0 your Aunt Stella? e A Yes. Q When? A Up at Ha vencrest. Q Can y~u tell us when that was ? A After she was in. Mary Rita Connelly 200 Q Well, obviously1 but she was the.re about two months, I believe. A Five weeks. Q When was he there, if you know? · Ifyou don't know all you can say i you don't know . . e A I don't know. Q Incidentally, do you know who signed her death certificate? • z ~A ..1 No, I don t . > fl z ~Q In i968, who was your Aunt Stella's fam'ily physician? II. i ~A Costa and Paluso .. .., z .;t ~Q And to the best of your knowle.dge, did Dr. Costa or .Dr; Paluso att nd ~ ti' i your aunt in that year? .. 111 < ilA ..1 I was not home in the daytime. I don_'t know . c( u ilQ :I Am I correct then that you never took .her to their offices in the ., :t 1:: N eve;ring in 1968? . ui ffiA .. No . 0:: 0 II. ~ Q. In 1967, who was the family physician of your Aun~ Stella? .. a:: :I 8A Dr. Costa and Paluso . ..1 c( ~ Q And to tpe best 'of .your knowledge did they attend her during that ye r? IL 0 A They have been attending her. 'Q To the best ·of your knowledg~, did they attend her in 1967? A Yes. Q Which doctor? A If we couldn't get Costa we got Paluso. It would be either one. Q Would that be in.their office? Mary Rita Connelly 201 A In their office or they have come down. Q So then your testimony~ as I understand it, is one of those two doctprs attended your Aunt Stella, both in their office and at your home in 1967. That's correct. How can you be so certain of that, or areyou? We useel to get him ~own for either my mother or my father. And . ' ' one time Stella was· sitting at the.~able in the kitchen and---. . How--- MR. COSTELLO: ·Just a minue now. Let her finish. I object to that. I thought she haq finished. Go ahead. Stella had had a tumor on tl}e side, and daddy had the d9ctor look a Stella. And Stella ended up in the hospitai'to be operated on for a ' ~ .;.. fatty tumor. And you say she then ~~ent to the' hpspital or did I misunderstand YOfl? She was in. the hospital. Now what year was this?- I'm sorry, I can't remember the year. Can you recall of youli' own knowledge any time that your Aunt Stellj:t went to Dr. Costa and Dr. Paluso's office in 1967? A It would have been hearsay by the family. Q I see. So you don't know, am I correct? A That's correct. Ma -rv Rita Conn~llv 202 I Q Of all the witnesses who testified on behalf of your Aunt,· Mrs. Fole lT1 had you ever had any trouble with any of them? A No~ I l:iaven''t. I had no occasion to. Q Do you now deny pointing out .t~ Joseph Conr1;ell how your Aunt Stella was slipping mentally when Mr. ··Connell paid his respects at the tirr e ofyour father's death? I do. Do.you now 9eny even discussing that subject with your· cousin1 Jose ph ·at that time? I did not discuss anything witp him~ Do you make the same denial with. respect to his wi:f..e also? Yes. Do you now deny pointing out how Stella was slipping mentally to your "cousiri Cari Balke.y at the time ofyour Auht Esther's death? I do. And do· you· also deny discussing that s~tuation with your cousin1 Carl Balkey? I do. Q Do you now deny having such a discussion with your cousin~ Joe1 w !len your Aunt Esther was laid out? A I do. Q And do you also deny having such a discussion with your cousin.! Carl1 when your Aunt Esther was laid out? A . I do. Mary Rita Connelly 203 Q. Do you deny having such a discussion with your cousin1 Mercedes, when your father was laid out?· A I do. Q And do you deny having such a discussion with your cousin, Merced=-s, e when )0 ur Aunt Esther was laid out? A I do. :! z < ~ Q Incidentally, do you deny even talking to these people on those occa ions ? >-Ill ;!:; ~ :z 1111 MR._ COSTELLO: ·.If the· Court pleas e1 this is ~ i 0 1-1!1. -repetition. She's already'answered the questions and h's z % rll cc 3: also· arg~men~ative. .. ..: u 0: THE COURT: Tlie objection is overruled. 1-Ul Q A-e .J < :2 -· .0 :I I may have talked to them, but as I say~ I was under mental stress I had lost three in the ·family . ' ., ~ Q Ill Wereyou under mental stress both when your father was laid out a d ai a: IIJ . ... a: your Aunt Esther was laid out ? 0 D. • .Ill A a: Yes, because I was very close to the whole famil:)Z' ... a: :I 0 Q u Did you attend the wedding of you.r cousin, Bobby Foley, in Septem er ~ cc ij ii: of 1964? IL 0 A · Yes, I did. e Q And did you go to the reception at the Foley home after the weddiri~ ? ~ A Yes, I did. .Q And did you go into the kitchen to have a private discussion with yo~r Aunt Olivia on that occasion concerning your Aunt Stella slipping? A No. Mary Rita Connelly 204 I Q Do you deny having such a discussion with your Aunt Olivia at that t me? A Yes# I do. Q Am I correct thatyou took your Aunt Esther and your Aunt Stella . . ' to your Aunt Olivia's p.ome several times in 1965? e A I've been :taking them and my father has been taking them. We ~:oth ~ " drive. z <( ~ Q )o On any of the times· that you too~ them to your Aunt Olivia's home in ill ;z ;z ,., ~ )965, did you ever have a discussion with your Aunt Olivia concern'ng i 0 II- "' how forgetful Stella was becoming? z i . ~A I did not. ~ ~ Q u ii: Did you notice how forgetful she was becoming in 1965? 1-Ill ii A e .J o( ·u She wasn't forget_ful. 0 Q :J Now in 1965, that is your statement, she was not forgetful, is that ., :1: t:. til right? ui a: Ill A 1-a: That's· right.,. 0 ·a. Ill Q It 1- Was she forgetful in 1966? a: -::~ 0 A u No. .I <( 0 Q ii: ... When .did she becom.-e forgetful? 0 A She forgot her pu:&se a couple of times in church. -· Q What year wa~ that? A In '68. Q Did she ever forg~t;her purse before 1968? A ~ Not to my knowledge. Q Do you recall the early morning a few weeks after Esther's death I -----------11----------,..---'-------'M~aa Rita Connelly: 205 that Stella got up to go to church about 2:30 in the morning and Rut1. Logan had to call. your father to go get her? A No, I didn't. I was sleeping. -Q Well, didyour father tell you about it afterwards? e A He mentioned it. But it's only hearsay . :! Q Well, it's not hearsay :thatyour father told you that, is it? :z <( :> A ,.J : .. My father is not here to say it. ll :z :z Q 101 11. I understand. But that's· whatyou~ father told you? ' :i . 0 ·~A Wast 'that Stella was up"' z i ill . C( 3: MR. COSTELLO: I can't hear you, Miss ~ iJ ~ Connelly .. 1,_ llll Q A e .J <[ § ll Q :I I'm sorry. Would you care to repeat the stateme.nt for Mr. Costello? "'' :t " Ill MB. COSTELLO: I'm having difficulty, but ui II: Ell 1-II: .she doesn't need to repeat it. I'll get it in the record: 0 aL Ell II:! Q &- And did he also say where he found your Au,nt Stella on that occasio1? II: :J 0 A IJ No,. he did not. ..1 C( u Q ii: II. What did he say,he had to go out a~d-get her? D A No. He said Ruth had called. e 0 Q To the best of your recollection, am I correct that that did take ~ .. place a few weeks after your Aunt Esther died? f MR. COSTELLO: Mr. Carson is asking whether •' her father and she had a conversation about what Mis~: Logan said. That is one thing. If he's asking whether 206 the event occurred; that's another. Q I'm merely asking when did her father tell her of this. ·, THE COURT: Well, you should make that plain in your question. Mr. Costello's objection is we 1 taken. Are you referring to the actual event having :! . happened or ar·eyou referring to someone having reported z: <( ·' > .J >-the event to her? II) •· . z z ~Q Very we'll, Your Honor. With reference to your '·Aunt Esther's deatp., :i 0 II-II!) z . . when did your father tell you of Miss Logan's. call to him? :~ !II ,~~: A ;: I can't remember. .. ~· ~Q Were you' present in Mr. Costello's o-ffice when the paper dated II-Ill Q e .J I( u gA October 22, 1968 was signed? I was not . .., fQ ' Were you present"in Mr. Costello's office when the instructions ai II: . . Ill .... II: were ·given to him to prepare that paper? 0 II. Ill o:A 1-I was not. II: ::1 8Q .I Had you and your mother discus-sed the matter of the Will before I( u ~ ~· 0 your mother too~ her~ Stella,that is, to Mr. Costello's office ? . " MR. COSTELLO: 4 If Your Honor please, this e question is objectionable; for it pre-supposes someth:ir:g which is not in the record. There is no testimony what- soever in the record that· Mrs. ConneUy ever took he1. sister-in-law to my office. Q I'm sorry. In this case I'm being misled by w~at courE el had told Marv Rita Cormelly 207 me previously. MR .. COSTELLO: I ask that be stricken from the record because that also l.s not the facts. THE COURT: It's stricken regardless because it pertains to something that is not here in Ccturt. MR. CARSON: Mr. Costello1 can we stipu ate thEm that Elizabeth Connelly brought Stella Connelly . ' toyour office at the·time the Will was signed? . . , ·~ ·• MR. COSTELLO: We cannot.· MR. CARSON: If the Court please~ at this time I plead surprise. I ask that this witness be excused and Attorney Costello be sworn to take the stand. THE COURT: ·Mr. Cars<;m~ you cannot · · plead surp:r:ise from. the statement or the actrons ·of . . . an adverse party. In thl.s case, Your Honor1 am p.leading surprise ·of what the adverse counsel has . told me. I don't mean to get :into personalities with Mr. Costello on this. If I am in error~ perhaps he woJ.ld offer a stipulation which would clarify the matter for the Court then. q MR. COSTELLO: I will be happy to stipulate that Miss /Connelly came to my office. But Iwill stipulate to nothing else. You. would have me stipulatE to Mary Rita Connelly 208 something which would at least infer that she needed assistance and I will not do this. Mr. Carson~ you forget tliat I represent the-Proponents of this Will. MR. CARSON: If the Court please~ :iiti is e. material ·sometime. in this· proceeding and I was confid.::.nt to have some evidence presented concerning the execution of·this Will. And I submit that if it hasn't arrived ye 1 it will' sooner or later that the burden of proof will shi t ' . to the Proponents to prove the execution of this Will. THE COURT: Whether that be so1 we are not ruling at the present time. The Court is rulin, ·e ·that thl.s 'is an improper time to call the witness whom . you wish to call because you plead ~urpris e. It isn't proper. Aq.d w.e refuse to have it done. MR. CARSON: May 1 request the right to excuse ·this w·itness at this time and then to recall he:rr for further examination after rebuttal1 at which time I propose---I.say thiS now so tl;lere will be no . . . . surprise on the part of. Mr. Costello""--during the rebuttal I would ·propose to call him as a witness. THE COURT: We will not rule pres ently whether you may call this witness after rebuttal. It all depends on the stature of the case at that time. It 1 is improper to dismiss this witness at this time with Mary Rita Connelly 209 the expectation of calling her to adduce testimony which may be adduced at the present time. MR. CARSON: Very well. I will procee::d with my cross examination .. e Q Miss Connelly, do you know w?ose idea it was to give Mrs. Foley c( $1, 000.00 in the Will of Octob~r, 1968? z c( > A ... > Ul :z: z ~ D. MR. COSTELLO: If you know, answer the i -~ C) question. If you don't, say you don't. z x fJl A .( ~ I'm sorry. 'r.think it was my aunt's. 1,: 0 Q a: Do you know? .. Ul o A ... I wasn't there . o( u 0 Q :I .., -I And you never discussed that subject with your mother? :z: t A·-No. ui ·a: EQ -:Am I .c.orrect that the total'gross valu.e·ofyou.r_ Aunt Stella's estate 0 il.· Ill a: .. is approximately $36, 000.00? a: :I 0 u A Before----... o( u ii: Q -... I said gross: 0 A Yes. ue Q Incidentally, weren't you. named as the beneficiary -of your Aunt Stella's L.C.B.A. im::urance? A ·Yes, I was. Q Were you present when your Aunt Stella signed the change of bene- · ficiary from Esther to_ yourself? ----------------------------------------.---------, Mary Rita Connelly 210 ·A I was not present. Q Do you~ know wheri.1it was done? !A!~ No., I don't. ~ Q Do you deny it was cione shortly in a matter of days, that is, after e .. Harriet Wagner broug~t the designation slip <;Iown to the house? MR. COSTELLO: If the Court please ,she's o( z < > ... already answered she doesn't know when it was done., .. > .II) z ·z Ill so this is· repetitious . · L i 0 .... !.!)' THE .COURT: I believe so . z :r II Q <( :~ Was this the same desJgnation slip that Harriet Wagn.er brought.to ...: o. the house?. it -.... ~ 10 A e ,J •( 0 Yes,· it would be. Q. Q ::J And what was the amount of that insurance? '"'I :t .... '" til MR. COSTELLO: ·If the Court please, we don't vi 0: Ill .... · ~ believe this is relevant or material to ~his issue .. 0: 0 D.. Ill 0: THE COURT: The objection is overruled. .... 0: :I 0 A I) The amount was $1, 000. 00. . _, c( ~ § Q b. b. Do you know why _?r for what purpose your Aunt Stella;mamed you a 0 .. beneficiary? e A She loved me. Q Didn't she also love her sister., Olivia? A No., there was some friction there. Q I'm sorry., I didn't hear you. A There was some friction there. --I -- ita Connell Q As of what time.did this friction develop?' A After my father came out of the hospital when I took her home. Q When was that that your father came out o-f the hospital? A It was over six menths before he died. Q How many mohths was that did you say? A Over six months. I doi).'t mean to b~ unnecessarily repetitious if I am here, but do yol . have any idea how loflg i~ was' before that Harriet Wagner brought the paper toyour home?. , MR. ·COSTELLO: If the Court please1 this question has been a'Sked, answered, asked aga!i:w, objected to and ruled upon. We object again. ' -If she can just answer me as a matter of weeks~ Your Honor~ I will be satisfied. THE COURT: J.,can 't recall whether .the -"'" witness answered in the prior question that she didn't recall that. But we will leave it up to the -witness. She" can answer. the question. I can't recall. THE COURT: Will you read the question again, Mrs. Hammond? (Stenographer reads back last question): "I don it mefm t6 be unnesessalril.)l repetitious if I am here, but do you have any idea how long it was before that Harriet Wagner brought the paper. toyour home? 11 A No, I can't answer. I don't know. 211 ----------~~----------------~----~~~a~r~:Y~'~na Connelly Q Well, would it be seve:ral weeks or several months? A It could have been several months .. Q To the best of your knowEledge1 in 1968 did your Aunt Stella ever get lost going to or fro-m the church_, between the church and your l: orne? A That I knew of? Yes., Ma'am. No, I did not know. ' .. Do you know o~ ~ny occasion when she got lost between your home alnd your church in 1_96 7 ? .,: Q ~ 0: ·-Do you know of any oceasion when she got lost between the church "" Ill 0 ..... and your home in 1966? o( ~ A Q ;J No, I don't. .., :1: 1:. Q (II Did your aunt belong to ~he Golden Age Club? CJi ,0:- Ill -A.. 1-It . .. Yes.· 0 ' •' Q. Jll Q Jr: l-, Am I correct that Miss Nora Riley w_as a friend of your Aunt Stella's II: ;:J 0 0 for many many years? ... < i3 A ii: Yes. 11. 0 Q Am I correct that Miss Alice Hantisse was a friend ofyour Aunt e . Stella's for rriany many years ? A Yes. Q Am I also correct that Mrs. Cecelia Moussiaux was a friend of your Aunt's for a good many years? A Yes. Mary Rita Connel~y.· "'' 213 Q Am I c:orrect .that Miss Harriet Wagner was a friend of your Aunt Stella's for many years ? A Yes. Q Am I also correct thatyour Aunt Stella and Miss Wagner were offic ~rs ·e of the L. C. B. A. at the same time? A Yes. o( z ~Q .J Anc:I. am I correct that Miss Riley was also an officeroof the L. C. E. A . )o II z z " 1&1 during this same period of time? L i gA Yes. "' z % ~.Q Am I also correct thatyour Aunt Stella was a friend of Miss Ruth :~ r,.: li) Logan for a good many years ? iX ,I)-1Jl iQ A e . .J •( ij iQ Q :::J My Aunt Es.ther was a friend. In other words, your Aunt· Stella: was not as close to Miss Logan . ., X ~ N as your Aunt Esther was ? ui a: A Ill .. That's right. a: 0 II. Q Ill a: Doyou know of any reason why any of these persons would falsely .. a: :I 0 u testify in this proceeding? ..1 c( u ii: MR. COSTELLO: If Your Honor· please;· this s ... 0 a highly improper question to ask of this witness. e THE COURT: The qb_te;G:hcm is sustained. Q I believe you earlier said that you personally had never had any difficulties with any of these witnesses. Is that correct? A That's right. Q Prior to the death of your Aunt Esther she handled the finances • e e o( z ~ ~ ·II) z z Ill L . Mary Rita Connelly for both herself and Stel.la, didn't she? A They both handled it. Q Well, principally didn't Esther do the business? MR. COSTELLO: ·If the Court please, she's already a~tswered that question. She said they both handled it. THE COURT: The objection is overruled. Will you t:ead the question, Mrs. Hammond? ~ . . . ~ (Stenographer,reads back last question): "Well, principally didn't Esther ~ . :£ Ill ·I( :~ ~ ·-A II: t do the business ? " . . I wasn't---if it was during· the daytime I Wf;a.sn't home. 214 Q Q ,.J Well, during the evening w};lo handled the affairs whE:m you were hor: e? •I( u 6 A :J There weren't any affairs to handle in the evening. ., 5Q · Isn '(that when your ~Aunt Esther would have your Au~t Stella endorl e ui . -~ Ill ... II: the pension checks and the dividend checks and the S9cial Security 0 IL Ill II: ... checks?. II: :J 0 A u 'No. -I < 6 ii: Q II. You never saw her do that? 0 A No. I'm sorry, I didn't. Q After your Aunt Esthel!· died, your father took over the handling of the family finances, didn't he? A No. Stella still was the boss. Q Did you? _/ A I never handled Stella's affairs. I had no occasion to. I wasn't h01pe. e e ~ .. Q . If Stella handled her c:wn affairs, why d\ias she forced to ask your ..: i ol: > ..r )oo Ill z z Iii L i 0 .. " z i VI ;Q ti A i: i-Ill Q ..r Q o:( 6 i5 . ::~A ., ~ ~Q Ill 0: ~..M llf ... a:: 0 II. Ill 0: .. 0: :I 0 u A ..r <( u ii: Q II. 0 father on November 27., 1967, "Joe, do I have that much money 'vv when your cousin· Helen asked her for ~500. 00? · MR. COSTELLO: If the Court please1 this ques- tion contains some ~i~ments v1hich are highly i~propek. They call for answers which could be misleading and we object to the question . ,. ·,.:· THE CO BT: The objection is sustained for several reasons. .You. were present on that occasion~ were you not, on November 27 · Yes .. Did you. hear your Au.:r;.t Stella say1 "Jo'e, do I have that much mone ? ii No,. I didn't . You earlier, te~tified that the Sapias had the most contact with your . . Aunt Stella 'in the last few years of her life as compared to the . other neighbors. Is that correct? That's correct • Ai:n I correct then that you ar·e referring to the e.renings, rather tha to the daytime ? A Yes. •· Q Because you wouldn't ·know who would be in contact with your Aunt Stella during the daytim:e1 would you? A Monday through Friday, no. Q I have no further questions. ----------~~----------------------~M~a~.r~~v~Ri~ta~r~,o~n~n~e~l~lY~----------------------4~6_ REDIRECT EXA!VIINATION BY MR. COSTELLO: _ Q Just a couple more questions, Miss Connelly. Your Aunt Stella wer · ' ' to Havencrest in 19691 am I right? She died in March of 1969., so '• . when did she go to Ha vencrest? e A Shewentin '69., '( Q How long before she passed away? z < > .J ·:.-A She was there, I think, five weeks . Ill .~ Q Now you me~tioned on Mr. Carson's inquiry that Dr. ,Costa. and z z ill D. 'i Dr. P~~uso treated her. As a matter of fact., was she regularly tre ted 0 ... ., z i ~ == or was she _kind of a reluctant dragger when it came to physicians? ti ii: .... A She didn't like doctors. She never did. L----- 1. Ul Q e .J < u Q ·:I ., Q Was ·she being regularly cared for by a physician Elu'l:ling this period· of '69, '6-8 and '67? Yes. Did she have a-periodic visit with -them? Yes. Roughly1 how often? MR. 'CARSON: If the Court please1 I must object toau.compound question there now. Mr. -Costello asked about three questions and she gave one answer. I'd like to know which question she's answering. Q .I will withdraw the q:..1.estion. l:n, 11.0 MR. CAR SON: I'm not objecting to the gu question; I'm just objecting to the form of the answeri~g. Mary Rita Connelly .217 Q Miss Connelly, in the ten years prior to your Aunt Stella's death, tell us please if you recall approximately how many times Mr. JosE ph Connell, who is a Pittsburgh Steel Executive and National Football League Umpire, saw 0er? A Maybe twice a year. -c Q Did his appearance change over those years? z <C ~ A Yes. He got grayer. ~ "1~ z · ~ Q Anyth,ing else? i ~ A Older. 2 i ·; Q Anything else? ai. a: Heavy. That's all ~he questions I have. ~_RECROSS EXAMINATION BY MR. CARSON: ·o IL' Ill O:Q ~ ·.Miss Connelly, if I understand your answer thenJ you are'te~tifying ::;, 0 0 ~ ij ii: II. 0 that Mr. Connell saw your Aunt Stella at least twice a year during that time, to your knowledge that is. A He would come up, he had maybe one weekend he would come"up or a S-unday or he'd come up at night around Christmas time, stop in fpr maybe a half hour or hour. Q Am I correct then that he could have stopped in in the daytime, Monday through Friday and you wouldn't have known· aboutiit? A That's right. I I I ~ z < > .J > Ill z z Ill II. .· i 0 1-C) z i: Ill < •, 3:: . ..,: u it 1-(J) Q .J o( ~ Q :I ., :1: ~ N ui a: Ill 1-a: 0 II. Ill a: 1-a: :I 0 u .J o( u· ·ii: IL 0 Mar Rita Connell ~ Without. naming the bank1 am I correct that in 1967 and 1968 you ha Q .. A Q A Q a personal checking account ofyour own? . MR. COSTELLO: If Your Honor pleas e1 r- r don't think this is relevant or material to the issue an we will object for that reason. . I ask the Court to defer ruling until I finish my question. Then you may strike out the whole thing, but I have a definite purpose . THE COURT: We will permit the questiom. Yes, I had an account. Isn 't)t a fact that during the years 196.7 and.,1968 on at least some· occasions your Aunt Stella's various checks were endorsed arid deposited in your account? They were not. .• Du:dn·g this period of time, 1967 -or 19681 did you ever have occasiq:m to pay some of the household bills with you.r'own funds? MR. COSTELLO: Your Honor~ I don't think i 's material. We will object for that reason. THE COURT: The objection is overrul~d. The question was with your own funds. A No. I used to pay things by cash. Q I'm sorry1 I did~'t near you. A I paid things by cash. Q That's all. MR. COSTELLO: We have no other questions1 no other witnesses at th's •':.. e ~ : e ~ :z ·:t : ... .I )o m z z ill D. i. 0 ,.. I!) z x CD ·< ~ .,: 0 iii 1-·!!] a .I < ij c :I ., ~ Ill ui a: Ill 219 time, Your Hmor. {At the direction of Mr. Carson, .,off-the-record discussion was not recordEd by the stenographer) . MR. CARSON: Incidentally, Your Honor, at the beginmh~ of our hea:r ing .. yesterday I endeavored to offer into evidence the Depositions cif Harriet Wagner, Ruth Marie Logan and Isadore Hostnick .. And it is my recollection that Your Honor desired the matter of ruling on my presentation tmtil later·in the proceeding. And actually, I probably . ·.should have presented it yesterday before I rested, but I didn't . rrie~n to waive that right, and if I did u.nintentionally thereby waive it I ask now at this time to produce and introduce the originals of thpse Depositions which were taken on November 4; 1969 by R_ebecc a Ostrzycki after the witnesses had been duly sworn by Cathy Jean Rosenthal~ at which time Mr. Costello. was present upon notice and 1-· at which time he did cr.oss examine those particular witnesses. I a: 0 II. ,Ill a: 1-don't propose to read the Depositions unless Your Honor would req ire a: :I 0 0 ... it. Considering the nature of this proceeding, why, other than the < ij ii: ... references I have made to these Depositions in my herein brief~ 0 I would be more than satisfied to submit ·the actual reading to the convenience of the Court's own time and discretion. THE COURT: The Court will do so. Now as to the admission of these in evidence, the Court will admit the Depositions in .evid_ence only in so far as they are-relevant to the issues at hand and only insofar as they do not contravene the established rules of evidence. Alice Hantiss e I' MR. CARSON: For the convenience of the Court's staff, I am placing ~ z <( > ..J :;. Ill z i~ THE .a. z 0 ~ z i Ill <( 3:: t ~ Ul these thl'ee Depositions in their original envelope and let the recorc show that I have marked out tli.e names Anria Mary Schwenpeman. Dorothy Maund and Joseph L. Connell. I am making this comment . so that it will not cause any confusion m S:omre,abU.unli:ertime as to what hapJ:>ened to thesE three other depositions because I am not introducing them at this time . . ' COURT: We will receive the· Depositions which are offered. Now you may call your rebuttal witnesses .. ~ ALICE HANTISSE IS RECALLED. < 0 g DIRECT EXAMINATION BY MR. CARSON: ~ . Miss Hantisse, did you have occasion to visit Stella Connelly at ' . any time while she was in tlie Havencrest Rest Home? .. Can you tell us approximately when that was? It was on a Sunday afternoon. I can't just state what date. I had went down to see a friend of mine, Agnes Soutli1 and I was told that Stell~ Connelly was across the hall. And I stepped in the room and Stella was stretched out in bed like a corpse. Her mouth was open, she did not move; her eyes were closed. A little while I went over to· her and asked her if she knew me. She never made no sound. A little later before I left the room a nurse came in and nudged her ----------~~r~--------------~------~A~li~c~e~H~a~n~t~is~s~e~·----------~---------------··-·--~~2~2~1~- and told her it was time for her to take a pill Q Did she arouse ·at that time? A No. I turned around and walked out of the room. I didn't stay. Q In ·other words, you don't know if she took the medicine or not? ·-A No. I couldn't verify that because I thought maybe the nurse had soipe- < thing else to take care of and I left the room. z, < ~Q > At this time, did Stella~ as far as you could. tell,· make any efforts o Q) "2: z 'Ill D. res pond toyou? i g A Cl No. She just looked liJce slie was unconscious, just stretched out. z x ~Q ~ Now I call your attention to a Sunday in Lent of 196-7, and I ask if ..,: u ~ you and Stellci and another person made a visit to Isaly's Dairy Sto1 e 1-!!! c .I on that date? < § c A ::J Yes. ., :t 1:. Q ·\II Who was the other person? . ai. II: Ill A 1-II: Well, Cecelia Moussiaux.· We had been at services in the evening 0 D. Ill. II: 1- and we had Stella in between us and we walked up, we thought _w:e'd II: ::J 0 u go in Isaly' s for refreshment. ..1 < u Q ii: ~ ~ After you left Isaly'.s, where did you go? A We had her and we were walking her down home. We had gotten to where--:-almost to where the Post Office is on· Seventh and FaUowfiE ld when a car drew up and. Elizabeth Connelly was there and she said, "Why, We Ire OUt lOOking for yOU o II MR. COSTELLO: If the Court please, ElizabE th Connelly is deceased and what Elizabeth Connelly saic, ----------~~--~--------------~A~li~c~e~Ha~n~t~is~s~e~--------------------------------~-~2~2~2~1 I e if she said anything~ is hearsay and we object to it for that reason. THE COURT: The objection is sustained. Q Who was in the car with Elizabeth Connelly? A ~ Q. z ~A > Ol z z Q-• 1.11 Q, z e I!J z x Ol < ' ~ Mary Rita. Did Mary Rita take pa.rt in1 the conversation at that time? No. We left go of Stella and we turned ·around and we walked away. Cross examination . ·. ti CROSS EXAMINATION BY MR. COSTELLO: ~ . l-en 0 Q Miss Hantisse, when you went out to Havencrest this was in 1969, ~ § g was ~t not? ., :z: 5 A Yes, sir. IIi 0: 1.11 Q 1-a: Was it in March of '69? 0 , Q, 1.11 A a: 1- I just can't tell you what date. 0: :I 0 Q u It was a very short time before Miss Connelly passed away? ..1 < u A ii: ... Yes, it was. 0 Q Just a few days? A No. It was more thai1 a few days. Q A week? 'A Yes. It was about two weeks before she passed away, but I'll not giv-e any date because I don't know. Q , That's all I havel. Thank you. (Witness excused). Olivia Folev 223 OLIVIA FOLEY IS RECALLED. DIRECT EXAMINATION BY MR. CARSON: Q Mrs. Foley, _it is my recollection that Mary Rita Connelly testified that you visited in the Connel~y home in 1968 some two or three weEks. e At my request., during a luncheon recess, didyou compute an appro i- o( mation as to how many weeks you stayed in the Connelly residence z o( > .. )o during 1968? Gl .Z z A 1:1 .. Yes1 sir. i ~ Q e . f\nd how many weeks was that? z ·i Ill A •( :~ Nine.\Yeeks. From Februa_ry 10 to April 14. I was .there nine weeks. 1,: 0 i Joe went into the hospital on the 7th, he called and asked _me to corr e 1!-!!! c e .. o( u Q :l .., home. I went on the lOth and I was there for 14 weeks. Jylary Rita came after me. In May I was there two weeks. On June lst,Joe 's · :z: ~ Ill birthday, I was there two weeks. MC!-ry ·Rita's vacation came along ai 0: Ill 1-0: and they asked me to come back up again to stay 'with Stella while 0 II. .Ill . 0: ... Elizabeth and Mary went on vacation. I went up a week before Mar:y. 0: :J 0 u .. went. Mary stayed a week, Elizabeth stayed three. And I was therP. o( u ii: II. a week after. . .So that time I was there five weeks. One week in 0 September.· e. Q 'During the time thatyou were in the presence ofyour sister, Stel~a, after the death of your brother, JosEph, did 'you ever hear your sister Stella tell anyone, "Our Joe is gone?" A No. Stell?-didn't know it was Joe there. She didn't know he was go e. She never spoke while I was .there of Joe in my presence, never a r----------;----,,.....--------~-~ --~-------~ ~------------------------.---- Olivia Folev 224 word. Q This morning Mr. Frank Mollis testified. Had you ever seen Mr. Mollis before this morning? A Yes . · I knew Mr. Moll is . . Q Did you ever shop at his bakery shop in Charleroi? . . A Quite frequently when I was horne taking care of Stella1 I'd walk her :!: z o( > to the bakeshop and back. I never left her go_ alone .. I was always ... )o m :z :z 1111 t •• ·: afraid she would~'t s:ome bac~ r.igh~ or she'd be. hit by a car or RL i 0 .. something. I!) z ~Q '..C Was there ever any cornrn.erit made in your presence by_ IY£r. Mollis ~ .= u cone erning Stella's c audition? a: .. ~A Yes. I went to the bakery onenight with Elizabeth. And we stood. back ... "' u Q where Frank baked the bread and he said it was just a pity that it :I ., ~ wasn't Stella instead of Esther that died because Esther had her N ai 0: Ill -~ right mind. ·o a. ~Q. ' Were you ever present in. the Connelly home in 1968 when Mary ' .. 0: :I 0 Rita's sister Evelyn earne for a visit? ~~ u .... "' uA No •. But I was there once wheh Al brought the children horne. ii: II. 0 Evelyn stayed horne with Yvonne. Q Who is Al? A Al is her husband. He brought the childr-en horne and Stella did not know them, not one of them. Q Why do you say Staila didn't know them? A Because she didn't eve·n know Al when he carne in. I said, "Stella~ ----------~~----------~~------~O~I~lv~l~·a~~Fo~l~e~----------------~--------------~1~2~2~5~- do you know Al? 11 And she said, "Al, Al, '' and she's shakeJh:er head no. And I said, "Here is the children. You know them." She didn't know one of them.· Al himself had to say which one was which. -· They only stayed for about 20, 25 minutes. Q I call your attention to the time of your son's wedding in Sept'embe . . of 1964 and ask ifyou bad a discussion with Mary Rita in your kitch • I on that occasion? Yes. i ~ Q What was that discussion? z i i A. Mary always said· how fast she was slipping; she couldn't remembe anything. Referring to who? Stella. Did she ever make a sii:nil~r comment to you on any other occasion Oh1 everytime that I would go home or anytime that they'd visit me, Mary was always the one that woul<;l call me to the kitchen in my kitchen and say how badly Stella's memory was getting. She ca 't rememberanything, she loses. things. Q What did she say she lost? A Oh, her purse. Everybody in the house had to go after that purse all the time. She lost that little purse of hers so many times, it g so bad that she lost t.he pur,~ese so many .times that Goe nor Elizab th would go after it for her. Q Cross examine. e e Olivia Foley 226 CROSS EXAMINATION BY MR. COSTELLO: · Q Yo~ don't really want us to believe that during the manY: weeks you were in the Connelly home that Stella ne~er had any opportunity for conversations ·with any other persons except in your presence1 do yj:nl 1J, -A o( z < ~ l.J )o Ill :z ~Q II. i ~A " z :X CD < 3: ~Q a: ... CD Q .I <( u g ':A ., % 5Q ui a: Ill ... a: 0 D. ~A ... a: :I 0 u .I <( u ii: .... 0 A Mrs. Foley? Stella was with me. If I went upstairs, Stella went up; if I went to tl: e basement1 Stella wenL Stella followed me everywhere I went. Areyou telling me Stella never spoke privately with· any other perso 1.? "" . . .. Nobody ever came in thathouse while I was there. Nobody, outside the of/ones that was in the house. How did you just happen to recall the exaCt dates you visited this place thatyou visited so frequently over the years1 Mrs. Foley? On February 101 you mean the ones I visited in 19--- I'm interested in knowing for the record how you come to have thes exact dates all jotted down . I did them at lunchtime. I figured them out. Joe went to the ho s pita on the 7th of February. He called me. MR. CARSON: Slower please. Pardon me. I forget about you. On February 101 Mary Rita came after me. I stayed till April 14. Q You told me how long you stayed; A Nine weeks. Q ·But I want to know how come you remember each one of these dates?= How come you wrote them down? Olivia Folev · 227 A· Because Joe called me on the lOth) he went .in the hospital on the 7th and he called me on the lOth to come home and I stayed nine wel::.ks. Q How come you remember the two weeks you spent in May and t~at you spend: two weeks. in June and five weeks whenever it was, and a[lother week in September? You can1t remember all that. c A June 1st was Joe's birthday. z >( > Q ..I ~ You told us that. z z A Ill D. And I went up for it. i ~ Q 0 How about the next five weeks? z i .UI A c ~ The next five weeks Mary . Rita went on vacation. I went up the ti ~ week before on her vacation, I don't kno~ which it was1 what time· .. .. Ul c ..I it was, but--- c u c ;::) ., MR. CARSON: A little slower please; :z: 1: ' 111 A All right. Mary Rita went 01~ vacation and they went to Detroit. ai 0: Ill .. 0: Elizabeth and Mary Rita went to Detroit. I went up a week before 0 D. Ill 0: .. they left. Mary Rita stayed.a week. Elizabeth stayed.three weeks a[ld 0: :I 0 u ~ I stayed a week after Elizabeth came back home. That was ~ive weE!ks. u ii:Q II. I don'thave any other questions. 0 MR •. CARSON: That's all. Thank you. If the Court please, we have one 'more minute. I think that will be sufficient for the last witness I'm sorry, I do have one other question of Mrs. Foley. Mrs. Fole lr, during the year 196:3, did you ever see Alex Kash, Jr. around the house? ·A There was no--not a person in thathouse but Alex's father. He e e would ll:>ring tomatoes and then go out. I never even--I said "Hello" to him. He laid the eggs aindntomatoes down# I paid him and he left. Stel~a never seen him unless she'd be sitting in the corner# he. might say "Hello" and she'd smile and shake her head. I never saw that boy that was here yesterday before in my life before. MR. COSTELLO: I do have some questions now. Mrs. Foley, do you kno ~ <( z •I( :> ~ ). that Alex Kash's father has been dead for about 13 years? Ill z ~ D. Somebo.dy---was it his brother? Do you have a brother? J:Ie was called i ~ (!) ... Alex. I knew a man that worked at the McBeth Evans Glass or z i Ill <( ~ Corning Glass. . ' ..: ~MR. COSTELLO: That's so he could come and get the glassware f:rom a: ... Ul 0 .J somebody else, is that right? <( 0 gA When he come# it was an elderly man. It wasn'~ this boy that ., :1: .1:: Ill was here yesterday. This man brought tomatoes and 7ggs to St~lla. vi a: Ill ... a: I paid him and he left. They called him Alex. I don't know if it was -~ . ~- 0 II. Ill a: ... & ~· this boy or not. But I never saw this boy in my life before until a: :I 0 u yesterday. ·.J ol( 0 ii:MR • COSTELLO:. That's a'll I have. ... 0 (Witness excused). NORA RILEY IS RECALLED. DIRECT EXAMINATION BY MR. CARSON: Q Miss Riley#. I ju.st have two questions. First of all# am I correct that you have a fairly good view of the Connelly backyard from the -l I 229 w indows in your hallway? A R ight. The hallway, there's two windows there. I can see their bac porch . Q w ill you speak up, please? I can't hear you. A y ~ es. I live on the second floor. And I've got two windows in that haf va:rrj:l. e I can look right out the windows at Connelly's back porch and their I ::! y ard and the top of tl,leir garage. z ~Q D uring the year 1968, doyou recall ever seeing Mr. Alex Kash >-. Q) z z w Ill ho testified in Court yesterday? D. i gA N ~ o, I never seEm him around the house, not in their yard. I've seen him z i II) s < ometimes when I'd rbe going to church in the morning, he picked == ..,: M 0 it ary Rita up in his' car to work. She was going to work. .... II) e i:iQ T .J < 0 hat would be before 1965 though, wouldn't it? a A ::1 y es. "I X 't:; NQ c ross examine. ui a: Ill .... a: 0 D. ~£ROSSE XAMINATION BY MR. COSTELLO: .... a: ::1 8Q T his hall thatyou talk about, Miss Riley, is a .common hall for .J < i3 y ii: our use and the use of the other apartment, ~s that right? II. 0 A t 's the use of all on the second floor. I e Q R ight. So it's not actually in your apartment. It's in the building. A I t 's in the bui~ding. Q ou don't want us to think thatyou sat at the hall windows constantly? ~ A I never said thaL Q y ou just said thatyou didn't see him. No:ra Riley ~30 A No, I 1never seen him. I go through there going down the back steps or going down the front steps. REDIRECT EXAMINATION BY MR. CARSON: . Q Miss Riley, how often a day on the average would you use thafhallv ay? ~ z o( > .J > Ul z A ~MR. II. i Sometimes three times • sometimes four, sometimes five~ sometir~es only once .. COSTELLO: No questions. ~MR. CARSON: That's all. Thank you very much. z i Ul ~ (Witness excused). ~ MR. CARSON: M~y it please the Court •. with regard to Mr. Maurice a: l-UI Q .J o( ~ c j "'I ~ N ui a: Ill 1-a: O· a. Ill a: 1-a: :J 0 u Nerenberg, for economic r·easons we have determined not to call him ras a witness. At this time I woi\ldd offer into evidence his opinion, a copy oft:V! hich was attached to. our pleadings. I' might add ~ .; ' .. I presume it's not admissable. at leas(f~r the sake of the· record I did want to offer his opinion in~o e':iderice to the effect that the Will allegedly signed on October 22, 1966 was a forgery. . . ~ ij ii: MR. COSTELLO: We11 <Of course. object to the admission. "He's not ~· here to be cross examined. We have no idea of his qualifications. We have no idea of the documents and exhibits to be used. We have no way of knowing the applicable tests. THE COURT: The objection is sustained. MR. CARSON: May I ask off the record 9; question? MR. COSTELLO: We are not going to offer.any sur-rebuttal, Your Honer. It would be redundant. MR. CARSON: Would it be appropriate at this time for a very few questions to call Attorney Costello as a witness, pertaining to the execution of the Will? MR. COSTELLO: I think, Your Honor--I have no objection to being a witness. He catls me for cross examination, he's asking for it; But I bEi ieve that when we stip'ulate.d that the Will had been properl proven, the necessity for proving execution was obviated. MR. CARSON: I will ~ithdraw the suggestion. THE COURT: Very well. The testimony is closed. ~' ' (Proceedi.~gs Closed). * * * * * * * * * * * * * * * * * * * * * * * * * '* ·* * * * *' Testimony transcribed -May 27, 1970 I hereby certify that the procee.dings and ,evidence are contained fully and accurately in the notes .taken by me on the hearing of the a_bove cause, and that this copy is a correct transcript of the same~ The foregoing record of the proceedings upon the hearing of the . ' above cause is h~reby approved and directed to be filed. Date: 231 ~--· _, .!,-. Form'RCC-33 I: ' ' ~-" .I ·,} ( COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS j RESIDENT DECEDENT COUNTY OF .W:~JI~t;l'r.9.~.--............................................... . \ . IMPORTANT: This return must be completed in detail and file'? i'n 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 ex tens ion is gr;anted hy, the .Secre tl).ry of Revenue. (~ection 703 of .. t]1e'_Inheritance an!l Ee;t:,ate Tax Act o'r·l:£!61~) · ---=~~~E ESTA~ :~--l:::u:: OF (State· full name of decedent) · J .Countv 1 ' , • • Late of ................ W.~~~~g~_(?p ................................... ............... r State of ..... .l$00$.Y.l.~ County of 1(~~~*-~~~I.l i ' ···············:·············;···· .. :·: .. ···· .. :··;-} . . '. ss: ............................................. ,,_, '' ' ' . . ......... . . . . .. .. .,........... -KARI .... l.UT.A .... C~.ONNBLLl.' .. . .. . .. .. of 'the estate of the abOve~named dec~dent beihg duly sworn; deposes Decedent· dled ''''·March •• " •• ,:I •• ··i· ...... : ... ~ 'i .. ~-... ;· •.•...•... " •....... ''... . . (Month) Name and address of ·a~torney 'or}· other authorized representative to whom all correspondence should be_ · mailed. and say'S . ,I Executor I That as such -~~~~~······················· deponent is familiar with the affairs of said estate and the property con-. ' ' . ' (Miii!YM!I'rt'ii~!Utift') stituting the assets thereof and their fair market value. That at the time of death there ~as no safe deposit box registered in decedent's individual n~me, or jointly with, or as agent or deputy of another, ::>r in decedent's individual name, with right of access by another as agent or deputy, with the exception of the following:-NONE 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 .. . . HONK ' .. That the contents "or 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 Sc.hedu!e A attached hereto and made part hereof sets forth full v and in· detail all the real property in the Commonwealth of Pennsylvania •Jf 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 ass":ssed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the decedent at the time of deatl:l; 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 inter_est 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, tr·~asury certificates or notes and other evidence of in- debtedness of ~he 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 subdivi.sion thereof, or of any foreign cotintry, 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 chat.tels of whatsoever kind or nature, left by decedent, together with the fairly estimated market value thereof; all bonds and mortga~tes 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 poss.essed, 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 polici-es carried by decedent; all annuity and endawment 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 a·ccrued interest thereon to the date of dece- dent's death and other investment securities owned by the decedent at the Ume of death, with the market value thereof at such time. ,_,/ .. • 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-partnership 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, ·1and 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 subm.itted. 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\\ I The Schedule C attached hereto and made part hereof sets forth a true ans'~er to each in,quiry contained therein and in the case of transfers ofproperty, real or persortal, within two years of decedent's death, in contemplation of decedent's death, or intended to take effect in possession ·'6r enjoyment at or after death, said schedule sets forth the nature and value of su~h property, to whom .transfer·red, the relationship of the transferees to the decedent, the proportionate share received b; each. transfe~ee and l· ' . ' . al~ other, facts of a pertinent nature regarding said transfers. In1 the case of transr;.rs intend~d to take effect in possession or enjoyment at or after death, there is also· attached to the s'chedule a· copy \ 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 personal, with its value, ~hich pa~ses at deceden{/s_ death by '· virtue of the exercise by decedent, either individually, orjointly with another;. or any power\of appoint-,'. ment vested in decedent, either individually or jointly, by the will., de~d,. or other instrwiient··~f ariothe~, with a copy of the ·instrument· creating such power attached to the schedule• ' \ · ,•··' . ·~ I ·-~. l That Schedule'D attached hereto and made part hereof sets forth the·names.and addresse'~ of;· ali persons beneficially interested in this estate at the time of decedent's death, the nature of thi\ir" res- pective fnterests, their relationship, if any, to the decedent, together wftli.' tne ages at the time of decedent's death of all minors, annul tarits and beneficiaries for life under decedent's Will.• :lh also contains a statement showing which of the beneficiaries ~amed in the decedent's wili, 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 of the decedent and real estate and: the decedent jointly with another or others, including intangible, standing in the name others, plus the date and place of record of instruments effecting the vestiture of date o·f acquisition of personalty, plus the name, address and relationship, if any, decedent. of co-owners to the That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts and deductio'ns claimed for and on behalf of this decedent's estate, including funeral expenses paid; family ~xemption, 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 accru~d charge.able for period prior to decedent's death (except. ~hose allowed under Se'ction 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 claiming 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 "~" as directed therein,. have been carried forward and properly registered in the Summary. Subscribed and sworn to before me this ................. : ............ JJ.:t.b .............. day of ....... AP.rtl .................................. 19 ... ,69, ... ·.:~~;,,;· CHARI.ER01 BOROUGI!, WASK1''C'"'i i.0i!'lTY MY .CQMMISSION EXPIRES JANUARY 7, 1971 ... 71 .. 7 ... ltlKaa.n. .. J.v.en.ue._ .................................................................. . (Street Number) .. Qbu.l..~.t.9t., ..... f..~1a.nttlv.ania ............................................... . (City or Town itnd State). NOT:E: Befoi''e' signing affidavit make sure all blank spaces in the affidavit and schedules annexed are filled in with details ~r the ~ord "None", and i.n case the assets include rare and'unlisted securities, securities of close or family c~rporations or an interest in any co-partnership or business, that the data and s.tatements 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. RCC-34•,(1-64) '>. \ COMMONWEALTH OF PENNSYLVANIA • 'DEPARTMENT OF REVENUE Eii.JREAU' OF:, COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE ':A" REAL PROPERTY Real property in Pennsylvania, wi,th statement of mo11tgage encumbrances upon each parce:l at death of dece- dent. Where property held as joint tenant or tenancy hy entireties, report on Schedule "E". Property held by the de.cedent as tenant in common with another or others, sh1ould .be identified as to quantum of interest and the estimated value should be that of the decedent's :interesi1 only. ' The real property located in the Commo('lwealth of Pennsylvania should be described by lot and block number, street and street number, together with a general description of the property, with a reference to the record of the conveyance by which the decedent took title; If a farm state number of a- cres; also statement of mortga·ge encumbrances upon each parcel at death of decedent. Taxes, assessments, acciued interest on mortgages, etc.,are to be listed on Schedule "F" and must not be deducte.d from this schedule. ( 1) ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH (2) (3) . DEPARTMENT VALUATION ESTIMATED CAUTION MARKET VALUE (Do not write In this space) / Real Estate situatfl at 717 Mc~an Awnue, CbaJ'lEu-os., Washington CountY, Pennsylvania, baing ~ lOiioottl)t)l, thtee•st~ f~~a. dwelling hQ:I.UJ~,. the dtsotiption being mo~ pal"t~c\llarly .b~ded. and d.$soriba4 as followas /cl aoo-oo BEING Lot No. 260 in tha :t>lan of l.ots lai.d ~t by the Oharletoi Land Gomp@Yt lYing between Sslventh and Eighth Stre$ts 1 fronting 22 feet on the West ! side of McKean Avenue, arid 1'"IU1niilg tiaok, prese~ the sat~~$ width, a distance of 100 teet to a 1 S foot alley. Insert this total opposite "real property", Schedule "A" in the X X X X X "As Reported" column on the last page of this return. $12,000.00 /o1', OOO·Oo RCC-3·5 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX ' RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY INSTRUCTIONS: This Schedule must disclose all tangible and intang~ble personal property owned individually by the decedent, at the time of his death. Property owned by the decedent; jointly with another or others must be listed· under Schedule "E", . Inta~gible personal .pro~erty, titled in the name of· the decedent, but payable at death to another or others, including but not lin\i ted to p, 0. D. u. S. Savings Bonds and tenta- tive trust accounts, must be listed, despite the fact that t~ey are not of the administered estate. Tangible personal property should be listed first (e. g. jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, .etc.) Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank, N . stocks, ·mortgages, notes, together with accrued .inter~st or clividends, salaries or wages, insurance pay- able to the estate or· fiduciary in said' capacity, partnership interests, interest i? anyundistributed estate of or income from any property held in trust under the w,ill or agreement of another, even though located outside of the State, at the time of death~· 1should be listed in this schedule• · Item NO· ITEM List and describe fully UNIT VALUE ESTIMATED MARKEr VALUE DEPARTMENT VALUATION (Do not write in this space) t. Charleroi FEtdetal saving~ &: Loan AssQCi$Uc:>n A,GCQlint NC); 16822 H!>llon ·National Bank & '!Wst Company Saving$ ACcc;>Ulit ~o\• 175~01,;,2.)19-01 F1t$t N~tional Jkmk, C~l~Qi, G~Jdng .A,ccount. ~e.th Bene!'i t,. Catholic· Dau;thters of ~oa. Nat1o!Ull s.c¢ue• S&rie.e , \ ~ . Insert this total opposite "Personal Property", Schedule "B" in the "As Reported" column on the last page of this return. X X I 'i 25~00 S,79S.98 / . o/, of~·RG ./37 f_;( v{ ~. 00 .!;~: .?15 Jf i I of~0~/0/ RCC·-36 C0\!.'10.\'\i;'.\LTII 01: PF~NSYLYJ.NI,.\ "'Tll\i\~FFJ\ INliE!UTANCE TAX SCHEDULE "C" TfL\XSFEllS H.ESI])E\T DECEDENT ( 1) (2) (3) Dirt rtecedent, within two years of neath, make any t•ransfer o~ any material part BO his estate, without receiving a valuable. and adequate consideration therefor? (Answer yes or no) ___ _ Did decedent, within two years of death, transfer property from hi.lll,§.~lf to himself and another. or others (including a spouse) in joint ownership? (Answer yes\or no) liU If the answer to (1) or (2) above is in the affirii!Jl.t..W. stat~: (a) Age ·of decedent at time of' transfer ___ .. mJ _·_1M __ _ (b) State of decedent's health at time of making the transfer. (Note 1). (c) Cause of decede~t's death. (Note 1). (4) Did decedent, in his lifetime, make any transfer of property without receiving a valuable or adequate consideration therefolfcJhich was to take effect i.n possessilon 9r enjoyment at or after his death? (Answer yes or no) · · , \ (a) Was there any possibility that the property transfe,i'red might' return to t'llrferer or his estate or be subject to his power of disposition? ''(Answer x~ .. ,.ar no) · (b) What was the transferee's age at time of decedent's death? l'IU.L'f.l!i. (5) Did decedent in his lifetime make any transf'er wit.hout receiving a valuable and adequate consideration therefor under which transferor expressly or impljedly reserves for his Iife or any period which does not in fact end before his death: (a) The possession or enjotlfnt of or the right to income from thl· property transferred? (Answer yes or no) ____ . ___ _ (b) The right to designate the persons who s11)1 possess or enjoy the property transferred or income therefrom? (Answer yes or no) _____ _ (6) If the answer to (5) (b) abo •• in the affirmative, state whether the right was reservert in decedent alone or others _______ ·--~-----------------------------------~------ (7) Did decedent in his lifetime make a transfer, the consideration for which was tBtfsferee' s promise to pay income to or for the benefit of care of transferor? (Answer yes or no) · (8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change, because of a reserverl power to alter, amend, or revoke, or atfch could revert to decedent under terms of transfer or by operation of law? (Answer yes or 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 beneficiar~eservert in the decertent atone or the decedent and others? (Answer yes or no) ___ . ______ _ NOl'E 1: The answers to these questions should be supporten by affidavit by the attenrUng -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 deatla, dates of transfers and to whom transferred, wi.th relati.onship of transferees to decedent, i.f any. SulJmit copy of any trust deed or instrument, if trans- fers are claimert to be non-taxable, also submit detailed statement of facts on which said claim is based. NOTE 3: List applicable property below i.n manner in ·wh:iich provided i.n Schedules A, B, · o~. E. ITEM DESCRIPTION Insert thls tntrd nppnslte ."Tr,.msf'ers", Schedule "C" in the "As Reported" column on the last page of this return. MAIUillT VALUE (Estimated) DF..PT. VALUATION (IJept. Only) '\_-----· •'\ '\ \ i . .l._, RCC-=38 · ·. fCMMONWEALTH OF PENNSYLVANIA THANSFER' INHERITANCE TAX· RFSIDENT DECEDENT SCHEDULE "E" ,JOINTLY OWNED PROPERTY IJiiSTRl'CTIO!'i'S: 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, gi1ring 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 state 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-o-wners to the decedent. Description of Property, Date of Acquisition, Name I Address and Relationship of Co-Owners, and Place I of Record of Instrument, where Real Estate. ! NONE ' ' .... Unit VaJ.ue percentage Share Estate Valuation Insert this total opposite "Jointly Owned Property", Schedule "E" in the "As Reported" colWim on the last page of -this return. DEPART.MENT VALUATION CAUTION-Do not WrHe In This Space. Value of Entire Property Value of Decedent's Interest "' •· ' ' -. RCC-37 (12_-63) CO!\t~10~\\'EALTII OF PENNSYYLANIA TRitNSFER IN!U:RITANCE TAX . RESIDENT DEL''EDENT \ h BENEFICIARIES AND ADDRESSES State full names and addresses of all who ave an interest, vested, contingent or other- wise, in estate) n1. <t v4.a Folav 1 '!11 Crtd.a: Street .... -.... -·tvmrl.A 1fA1"'V' RitA ~ ,'tv 717 Mclean Averma ·Charleroi. PemlSY'lvania ' . . SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or illegitimate children DECEDENT are involved, set STATE YES forth this fact) OR NO Sister tea •)HAI'!A Yes . ' ; . ' DATE OF BIRTH ~ ,,·" .,. INTEREST OF BENEFICIARY IN ESTATE _i_ 1 .. 000.00 'Daa( "''ft 1 ~.,.. "'"" ... - Deponent further says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE ' Will ~ t No. ..... · Year D< THE ~lATTER OF THE APPRAISEMENT· OF THE ESTATE OF .. S'rEU:aA.. O.O~I.I.Y .... Deceased Late of .. Tllca. 13c:>r():tJ,gll, <>f. . O.J:la.z-],.~J,"Qj, County of Washington Commonwealth of Pennsylvania REPORT AND APPRAISAL John E. Costello, Esq. (Executor-Administrator must complete "As Reported" column #1.) Cl ... 0 Cll Cll 8 Q) X Q) o-(;)' t%1 "' ...... Q) ...... ~ ..,....,.. .'at . -:0 :l\) :-::(, :-& . c....., '"d :::0 :o ... ~ ~ :;-Q) ;A e. : ::s :<t" ~ 0 ::s '"d :~~ e. ... :~ ... : "' 0 '= '"d 't:l ~ ... ... •• 0 ~ :t-' 't:l ;Q. ~ ... :,., ...... '< 3 1 :~ ~ en c:::: s::: ~ ~;....... .-....-. ;; >-<: c.ow U') :0 ::r' (") :t:r . ?" ... :fi!;lr:} ~ ,_: ~ ..,....,.. . : N :~~y ;0:0 0 ::i!: :Z N :15 Ji51 :-&· g en (") ?" ~ ._:... ..,.. : .... -. t\)> -§; : ro- . . "' ,_. :g· ~ ~ . ~ : ~ ..,.. ..,.. ~..,.. .fF.o..,.. > "' t:i 11:~ (;tv ..,~ ~-:l r. c.. , . ·~. .. ~. .. Form RCf·lC· DEDUCTIONS ALLOWED IN OFFICE. UF T>110 REGISTER OF WILLS OF _..:.:W:!.!ASH=::IN=G::T:...::O:::;N:..__ __ COUNTY STATEMENT OF DEBJS AND DEDUCTIONS THE SUM OF ...•........ $ .Z.t.?.2,.t..£"0 DATE APPROVED • • • . . . . . £<>(:j1.:(;f' AND AGENT OF THE COMMONWEALTH ,y;. -~s fl-~~4£ ~~~ Register of Willa, Agent ESTATE oF ....!S:!..:T:.:!E~r~.r~.A.~C~ONN~~E~IL~!Y.__ _____ LATE oF _....;C~h~a:l:::r~l::::e=::r:..::o~i::..:~•--=.P..::e~nn~s:.Ly-=l~v.!o:loan~ia ______ _ 3~-a?.?_ / (/ DATE OF FILING APPRAISEMENT ____ __;;...Y::.__-""0"'-4L--DATli OF DEATH _ ____,Ma._rc_hu......2..,4~, _.1 ... 9"-6l;t.49 _____ _ DATE NO. OF NAMii: OF PAYEE REMARKS AMOUNT VOUC:Hr,;'llf Ret;dster of Wills IProb~te of Will ., ), ~() Washine:ton Countv Renorts A-"· ·.siru!-ktters. 1 l1 00 .. Valley Independent Advertising Letters 12 50 .T n~enh Si t.t.e INotarv Fees ~ 00 R.P.oil=:t.er of Wills IFilin~ .... .,..,....,r ~ ()() Tnt.ern~l n Service 11968 Tn~nme Tax. ?~? 00 T.'l. ~~ Slezak I ,.,.,.,... ...... '11 of Decedent. 2.064 00 Haven Crest Nursing Home Nursing home care last illness 7hlt IJO Oninet Monument Company Grave _Marker 21JO 00 M~T'V R.i +.~ C!onnel lv A.c ,.j. ,.j. Cnmmi ~~i_on 1. 800 oo_ John E Cn!'!t.el 1 n A.J..f. C!nmmi l=ll=li nn 1 800 00 . - Borou2'h of r.h.,.,..l eroi I Amh111__m){>...e.~ _10 Inn M~O',... T.Vi 11; ""m .T 1\K. Funeral M..as.s_ ?0 00 ~ _-CaJ va :cy: r., .J.. :Gr.ave _Onenimr .<~nd Tent Rent.!'l1 Rn ()() I I I I -·-· ! I - TOTAL 7.077 lc;o I COMMONWEALTH OF PENNSYLVANIA COUNTY OF Washington 1, MARY RITA CONNELLY HEREBY CERTIFY, THAT. TO THE BEaT OF lloiY I<NOWL!OGE AND BELIEF, THE .F,QREGOING IS A JUST AND TRUE SfATEMENT OF DEBTS, FUNERAL EXPENSES AND EXPENSES OP' ADMINISTRATION SUBMITTED TO -TH;g EsTA_TE OF STELLA CONNELLY INHERITANCE TAlC PURPOSES. . . .._:~ ::'..' SWORN "ND SUBSCRIBED BEFORE ME THIS ?1) DAY 01' ~~ .. ( > :. •) '.' :I · •. 1 ',; ,, . . ..,.. ... ~ : ~ f' .. ) ' \' ..... '·. \ ,· (l, ; I .·!_: '· .. \. ,I. : l. ~-· ! -1. ·.:u.~ ··-~ ... • .;;: .... • :-(j \ AN ro ~ ~~ , RUSSELL HAFUNO · ~l· REG l S T E H 0 F WILLS 'l!i·· WASHINGTON CO., PA. I:' . , ' ~ . " - I l I: ' J' ' .. ~ ~ ··r· i _ . ' ~'. .. ·-. R C C-8 t (2-64) CO.MMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLEtTIONS. INHERITANCE TAX DIVISION IN YOUR REPLY PLEA8E REP'ER TO 37-202-6 NOTICE OF FILING OF APPRAISEMENT MARY RITA CONNELLY (Executor~~· In Re: Estate of ____ ____;S;:;_T:;.;;E::;:LLA::;:;:;___;:C_c:.O_N_NE_LL_:Y ______ _ ______ W~A.:::S::.:.:H~I:.:::NG:::.:T:..:Q~N~---County -File No. 63G69-415 Dear Mrs. Connelly: You are hereby notified that. the original appraisement in the estate of · Stella Connelly has been filed in the office of the Register of Wills qf Washington County on May 23 , 1969 . Said appraisement reflects the following valuations: Real Estate ____________ =l2~,~o~o~o~.o~o~---- Personal Property ______ ~2=4~·~0~2~1~·~0~1~---Transfers __________________________ __ Total ----------~3.~..~6+-, Q2l0.&. ""l.a...·LlO"""l~...-__ As to such tax tihat 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 Ls aggrieved by an appraisement may appeal therefrom as provided by law. Date ___ ~Ma~~~y-=23LL,~l~9~6L9 ______ _ DATE OF DEATH: March 24, 1969 Note: This is not a bill. .. RCC•39 (ll-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY Estate of CONNELLY STELLA DATE OF DEATH 3-24-69 FILE NO. 63-69-415 (Last Name) (First Name) (lni tial) REPORT OF INHERITANCE TAX APPRAISER I, the undersigned duly appointed Inheritance Tax Appraiser in and for the County of Washing~on Pennsylvania, do respectfully report that I have appraised the real and personal property as reported in th.e foregoing return at the values set forth opposite each item in the last column to the right in Schedules "A", "B", "C", and "E". Dated: -----=0~5-.....:,2~3:__-..;.6~9 ___ _ 03-24-69 REPORT OF THE REGISTER OF WILLS I, the undersigned duly elected Register of Wills in and for Washington 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: 05-23-69 ~~~ REGISTE\R OF WILLS INVENTORY 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 36,021 01 7,077 50 28,943 51 28,943 51 annuities I I I I I I I I I I I I I I I I I e 0 $--------+-- ESTATE TAX ASSESSMENTS $ _____ ..___ FOR USE OF REGISTER ONLY COMPUTATION OF TAX Tax on$ 2% '?!:I, ( :' ··~ r~ 6% Tax on$ t.~·N: 1..1·....1 ).l._ $ __________ ~-- $ _____________ +---- Tax on$ 5% $------------4--- Tax on$ 10% Tax on$ 51.(® $ ________ ~~~~-- $ ----=4'L.o .3=·4~1~5:.Li3_ VALUE AS REAPPRAISED $ ______________ +-_ I 28,9!.~ Exemptions Total Estate TOTAL TAX * $--------~--- (*) As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. Less tax previously paid $========l===- BALANCE $------+-- Less 5% of tax if paid within 3 months after death $======== BALANCE OF INHERITANCE TAX DUE $ ---------+---- Add interest at rate of 6% f~om ------to --------I AMOUNT OF ESTATE TAX ASSESSED $--------1--- $---------~---- Estate tax paid $ _____ ___,! __ $ ____ IL...___ BALANCE DUE Add interest at rate of 6% from ----------~··0------$----------~~ 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 t No. IN THE Year ........... . MATTER OF THE APPRAISEMENT OF THE ESTATE OF STELLA CONNELLY Deceased Late of DHARLEROI County of . WASHINGTON Commonwealth of Pennsylvania REPORT AND APPRAISAL . . ,.. I; v • ~ ..... -... ) ., . ' ...... .. ~ --- Fonn.RCC-2 ' ................. ~~Y..:. ??.:~I.~:?.?.?. .............................. . COMMONWEALTH OF PENNSYLVANIA DATE . ~DEPARTMENT OF REVENUE " . . • RESIDENT INHERITANCE TAX COUNTY ............ w.~.~.h.~~-g~-~-~ .............................. BUREAU OF COUNTY COLLECTIONS ,, - HARRISBURG, PENNA. 17127 APPRAISEMENT FILE NO ............... ?.~.:.?.?.:~.?. ......................................... Whereas, ............................ e.~.~+-~ ... .9.9~~~-J..:J::Y. ..................................................................... late of .............................. ~~.S.::r..~.::r.~~ .................................................. in the County of ....................... ~~-~~~~~-~~ ............................................................................ Commonwealth of Pennsylvania, having died on the .................................... ?.4 .... ~-~ ......................................... day of ...................... ~1~.!?~ ...................................... 19 ... ??.., seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore, I, ........................................ W.~R.~ .... .Gha.P..~Y. ..................................................... , 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 transllerred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years, the Commonwee.lth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future Interest. Unit Appraisement Description of Asset Values Made for Inheritance Tax Purpose& $ REALTY: Real Estate situate at 717 McKean Ave., Charleroi Washington County, Pa., being a 10-room three-story frame dwelling house, 12,000 00 PERSONALTY: Charleroi Federal Savings & Loan issn. 15,865.24 Mellom National Bank & Trust Co., Savings Account 2,096.86 &irst National Bank, llharleroi, Checking Account 237.92 Death Benefit, Catholic Daughters of America 25.00 National Securities Series 5 • 7515_. 9_8 24,021.01 24,021 01 Total 36,021 01 ~avi~g been duly ~worn accord~g to law, I do hereby certif~that the above appraisement is made in~- fonni\y With Jaw OD thiS .... · · ···~"""'",/ .... day of ······~~-·zz··· ................... Q ····~·.it' ~:/. ', ............. <,. ..... 1~4~··7· ........ _,.~ ..... 4_ .. r..(.?. .... praiaer ~ ................. , ........................................................................................... .. ?.Lw .. L. ,).?~_.:~ ... ~t~~~t> .................................... , Penna. ( l'ost Office) WA§J:I}~Q'J.'Q~ . H·············H County RESIDENT INHERITANCE TAX APPRAISEMENT Estate of ..... $'rA.IA .... G.QNN!J;.l:...l:..I ..... Deceased. Late of ................ CHARLER.Q1 .... . Date of Death, ....... Mar.ch. ... 24., .... 19.69 .......................... . Appraisemel!t Docket Vol., ................ 37 ............................. . Page, : ....... Z.02.~6. .................... No ..... 9?..~9.9::4.+..5. ........... . Filed in Register's Office, .... M.W. .... ?3..J ........ 19 .... 9.9. Amount of tax due, $ ................................................................. . DEPARTMENT OF REVENUE Received, Exaimined and Approved, WrQte abo.ut Appraisement, Appeal f,.om Appraisement, Entered and charged, .. H ~ ·' .,