HomeMy WebLinkAboutOC1969-0951 - ESTATE OF GIBBS,'
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
(ONPHANS'COURT DIVISION
IN RE:
JOSEPH GIBBS,Presumed
Decedent.
)··)NO.··)
PETITION UNDER SECTION 1201 OF THE FIDUCIARIES ACT
of:1949 TO DECLARE PRESUMED DECEDENT
TO THE HONORABLE,THE JUDGE~O.f SAID COURT:
The Petition of MAGDA GIBBS repsectfully represents:
-1-
Your petitioner is Magda Gibbs,an adult individual who is the
wife of Joseph Gibbs,and resides at 225 Elm Street,Canonsburg,Washington
County,Pennsylvania.
-2-
Thhpetitio~is filed to establish the death of Joseph Gibbs,
herein called "absentee".
-3-
The absentee resided with your petitioner at the above address
down to the year 1953.
-4-
That the said absentee left the jurisdiction in approximately
August of 1953,deserting his family;then he moved to Los Angeles,California
at the following address:1105 West 88th Street,Los Angeles,California;
and was last heard of at that said address.
.,
-5-
Your petitioner has made efforts through the Social Security
Administration and by inquiry at the last known address and has discovered
that the absentee has been absent from that address in California since
1956 'and bas not been heaid of since.
-6-
The petitioner believes that the absentee has died because more
than seven (7)years has past since he was last heard from.
-7-
That your petitioner is interested in the estate of the said
<'.
absentee because she is the wife of'said absentee and would be entitled
to certain Social Security benefits and certain Veterans'benefits.
-8-
The other parties in interest in the said estate are as
follows:
Reginald Gibbs -age 21 -son
Joanne Thompson -age 19 -daughter
Cheryl Gibbs
David Gibbs
-age 17 -daughter
-age 15 -son
-9-
No estate has been raised and there is no necessity to appoint
a fiduciary,but it is necessary to have the absentee declared presumed
dead in order that your petitioner can obtain benefits of the Veterans'
Administration and the Social Security Administration.
-10-
No notice has been given to the parties in interest who are the
children.
,
-11-
The petition'er requests the Court,pursuant to section 1201
of the Fiduciaries Act of April 18~1949,P.1.,512,20 P.s.§2080.1201,
to decree that the absentee is dead and the date of his death.
And she will ever pray,etc.
COMMONWEALTH OF PENNSYLVANIA )
:SS:
COUNTY OF WASHINGTON )
Personally appeared before me,the undersigned authority,
MAGDA GIBBS,who,being duly sworn accorrltng to law,deposes and says that the
facts set forth in the foregoing Petition are true and correct to the best of
her knowledge,information and belief.
Sworn to and subscribed
b.~~pre me this ~clday
'~'fl.u~_,~f~_~,1969.
Editor
Washington County Reports.
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}SS.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the officiw legal periodical for said Washington County,published weekly
hav,ing its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
~.~.I?t.~m.~.~.r.....~."....J..!..a....J.§.".....?..2.2.....!.~.~.~..
that the affiant or ,the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the
allegations of this affidavit as to the tim~ce and character of the publication
=troe.~I.:::-,__i0._
Sworn to an subscribed before me this
TO:JOSEPH GIBBS
Take notice that the Court of Com-mon Pleas of Washington County,Pennsylvania.Orphans'Court Division.has set Monday,the 6th day of October.1969.at 10:00 o·clock.A.M..at theWashingtonCountyCourtHouse.Washington.Pennsylvania.as the dateandplaceforhearingofthePetitionofMagdaGibbstodecreeyoUapre-sumed decedent.You may apppear'at that time.
Sanford S.~inder.Esquire729WashingtonTrustBldg.Washington.Pa.·15301 6)1-4
·"
I •
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
JOSEPH GIBBS,Presumed
Decedent.
)
:
)NO.
:
)
o R D E R- ----
AND NOW t to witt this
upon consideration o~he foregoing Petitiont the
hearing on the r;-day of ~_~t
•M.
~-----rc.1969,~iS set down for
1969,at !fY:"O-O o'clock,
advertising in the
Obser~er-Reporter __
Notice of this petition to be given to the parties in interes~by
certified mail atjleast ten (10)days prior to the said hearing,and by
Washington County Legal Journal and the Washington
"",os.CY'~AV----£~~(i)
~~~~f.~~I -/
Observer -Reporter
WASHINGTON,PENNSYLVANIA
PROOF OF PUBLICATION
J
In compliance with the Newspaper Advertising Act of 16 May,1929,P.L.1784,as amended.
Commonwealth of Pennsylvania,County of Washington,SS:........•...
Personally appeared before me,a Notary Public in and for said County
and State,Ri.c.ha.r.d S..•.....C.o.w.a.n ,who being duly sworn
according to law,deposes ,and says that he is the S.ecr.et.ary .
of the Observer Publishing Company,a Bennsylvania corporation,and its
agent in this behalf;that the said Company is the owner and publisher of
the Observer-Reporter,succ'essor to The Washington Observer,established
Septembe'r 18,1871,and The Washington Reporter,established August 15,
1808,a daily newspape,r of general circulation,printed and published and
having its place of business at Washington,Washington County,Pennsyl-
vania,where it or its predecessors have been established and published
continuous'ly for more than six months prior to the pUblication of the notice
hereto attached;that the printed notice or advertisement hereto attached
is a ,copy of an official advertisement,official notice,legal notice or legal
advertis·ement,exactly as printed or pUblished in the Ob£lerver-Reporter in
its regular editions on the following date or dates;..
...................S.eptemb.e.r..3..,..l.O'.,..17 a.n.d 2.4..,.1.9.6.9..
that neithe'r the affiant nOT the Observer Publishing Company is interested
in the subject matter of s,aid notice or advertising and that all of the aUe,ga-
tions of this affidavit as to the time,Plj(~and characttrt9publication
are true./Li;tf ,<1 ,~....~?-k.'.~f-'V
NOTICE0:JOSEPH"GIBBSTakenoticethat the Court ·.ofCommonPiea s of Washington
'County,Pennsylvania,Orphans'~ourt.D.ivision,has set Mo.n.day,thethdayofOctober,1969;'at·10 :00
0'clock,.A.M:,,at·the .W:ashington
'
County Court House,washington,
Pennsylvania,as the date..and place'for hearing of the Petition of Magda!Gibbs to decree you a presumed
tdecedent..
I You may appeal'at tha.t t.i~e.t
Sanford S.Finder,EsqUire I!729 Washington Trust'~Uilding
Washington,Pennsylvama 15301
.\'.69207·Wed.4TI
Sworn to and sUbScr~}e~ore me this24.....day otJ.e.p.t.~m.b.e..r ,1969
......fH~~.if#f./~~.
MARGARET M.BRADLEY,NOTARY P Ie
WASHINGTON,WASHII~GTON COU ~TY
MY COMMISSION EXPIHES MAY 6,1972
v-,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DWrsION
a Presumed Decedent.
INRE:Estate of
JOSEPH GIBBS,
(
)
(
)
(
No.951 of 1969
DISCUSSION AND DECREE
Marino,J.January 19,1970.
This matter comes before the Court upon petition for hearing and
for a decree of presumption of the death of Joseph Gibbs,as provided by the
Act of April 18,1949,P.L.512,Section 1201,20 P.S.320.1201.This Cou t
fixed a time for hearing,and directed notice as required by law and by court
rules.Proof of service of the required notices,including the publication
required by law,was presented in open court on the day appointed.Said paper
were ordered filed.
On the day appointed,January 12',1970,at 10:00 o'clock A.M.,
testimony was taken by the Court.All known parties in interest were properly
notified,and the petitioner,Magda Gibbs,is represented by counsel,Sanford
S.Finder,Esquire."The proceedings appeared to be regular in all respects
and in substantial compliance with the Act of Assembly pertaining to such
cases;this Court then proceed'ed to take testimony"and from the testimony so
taken,and the pleadings,the hearing judge makes the foll?wing
FINDINGS OF FAcT
1.The persons interested in this proceeding are the petitioner,
Magda Gibbs,the wife of the presumed decedent;Reginald Gibbs,age 21,a son
Joanne Thompson,age 19,a daughter;Cheryl Gibbs,age 17,a daughter;David
.Gibbs,age 15,a son;and Joseph Gibbs,the subject of this proceeding.
2.All the interested parties are competent and sui juris;however
three of the children,as named,are minors,but two of them are living at hon e
with their mother,the petitioner,and one is an emancipated daughter,being
19 years of age and married.
3.Joseph Gibbs was born May 29,1923,in Los Angeles,
California,and married the petitioner,Magda Gibbs,at Hartford,Connecticut,
on January 8,1946.
4.Joseph Gibbs has been absent and unheard of from July 3,1959
thence hitherto.Joseph Gibbs has not been heard of since that date.He was
a permanent resident of the Borough of Canonsburg,Washington County,
Pennsylvania,which place was his legal domicile,and from which he has been
absent from such permanent place of residence and domicile since the said'..
July 3,1959.
5.Joseph Gibbs was not a veteran of any war and had not been
,,
in the military service of the United States of America at any time.Joseph
Gibbs was married as aforesaid,and when he left his.wife "~nd farp.ily·,in the
Borough of Canonsburg,he had four children,as named aforesaid,all of them
residing with his wife,.the petitioner herein,when he departed his home and
stated that he was going to the State of California to look for employment.He
left this jurisdiction in the month of August,1953.He went to Los Angeles,
California,and was living there at 1105 West 88th Street,Los Angeles,
California,and that was his last known address.The said Joseph Gibbs
communicated with his wife on one occasion in 1956 and thereafter she had no
knowledge of his whereabouts.However,his brother,John Gibbs,alSD living
in the State of California,communicated on several occasions with the petitione
and thereafter informed her that his brother,Joseph Gibbs,had been absent
from his said address since July 3,1959.The said John Gibbs has furnished
-2-
"I
counsel for the petitioner with an affidavit stating these facts substantially and
particularly that his brother,Joseph Gibbs,had not been heard of in any way
since July 3,1959.No person has heard from the said Joseph Gibbs since
July 3,1959,either directly or indirectly,and no one has seen him since
said date nor has been able to determine his whereabouts since said date.
6.All the parties interested in this proceeding have been properly
notified thereof and the subject matter of this proceeding is properly within
the jurisdiction of this court.
7.Joseph Gibbs was not the owner of any real property in this
jurisdiction,nor elsewhere as far as can be determined;he was possessed
of no personal property in this jurisdiction,but his wife,the petitioner herein,
would be the beneficiary of any Social Security which might be payable to a
widow and children on the death of the husband :who leaves a widow and childrer,
according to federal law.
8.Joseph Gibbs was born May 29,1923,and therefore was aged
36 at the time of his disappearance from Los Angeles,California,on July 3,
1959,and at present would be 46 years of age,if living.On the date of his
disappearance,he was married and left his wife and four children,heretofore
named.There is no knowledge of any will which he left.
9.Joseph Gibbs had lived with his wife and children in Canonsbur<;:,
~
Washington County,Pennsylvania,and that was his permanent domicile.
10.On July 3,1959,the date of his disappearance from Los Angelep,
California,and likewise on July 3,1966,seven years thereafter,the heirs
and next of kin of said Joseph Gibbs consisted of his wife,Magda Gibbs,and
his four children,hereinabove named.
11.Since the circumstances surrounding the disappearance of
'"./~.'.
Joseph Gibbs present no indication of a:specific peril or any other immediate"II
danger,the said Joseph Gibbs is presumed to have lived for a period of seven
years from said disappearance,to wit,until July 4,"1966•.
-3-
12.Joseph Gibbs is presumed,in fact 'and in law,to b~dead,..-
intestate,married,and with issue as herein named.
13.Joseph Gibbs is presumed,in fact and in law,to have died
July 4,1966.
CONCLUSIONS OF LAW
1.Joseph Gibbs is presumed,in fact and in law,to be dead,
intestate,married to Magda Gibbs,and with issue,four children as named.
2.The date of the death of Joseph Gibbs is determined to be
.July 4,1966.
-4-.
".
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNISION
ill RE:
Estate of
JOSEPH GIBBS,
a Presumed Decedent.
(
)
(
)
(
)
(
No.951 of 1969
DECREE OF COURT ESTABLISHING DEATH
AND NOW,January 1~,1970,upon consideration of the pleadings,
testimony,and 'all evidence produced in this proceeding,the Court is satisfied
that the presumption of death has been properly proved;and after proper
advertising as required by the Fiduciaries Act of 1949,April 18th"P.L.512,
Section 1201,and after full hearing in open court,it is decreed that the legal
presumption of the death of Joseph Gibbs is made out and established as of
.:.~.
July 4,1966.The Register of Wills of Washington.County,Pennsylvania,is ,
r',,
t ~""j f
authoriz-ed to iss!1e Letters of Administration 'upon the estate of the said
Joseph Gibbs to the person or persons thereunto entitled,upon proper applicati::m,",
being made.
J.1I
IN THE C'OURT OF COMMON PLEAS OF :WASH!NGTON COUNT'y,PENNA.
ORPHANS'COURT DIVISION
I
No.961 of 1969
)
)
)
)
)"
)
)
)
THE HONORABLE P.VINCENT MARI.NO,Judge
i5f..the.safd ;Cdurt,.-"·t ;'.
SANFORD S.FINDER,ESQ.,of Washington,Pa.,
representing the Petitioner.
ESTATE OF
JOSEPH GIBBS,
IN RE:
~z .~Presumed Decedent.
.J>-1/1Z
Z~HEARING ON PETITION UNDER SECTION 1201 (OF THE FiDUCIARIES
ACT OF 1949 TO DECLARE PRESUMED DECEDENTioI-o
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THE COURT:
MR.FINDER:
uiffi TIME:
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JMonday,January 12,'1970,at 10:00 o'clock
A.M.,EST.
Mr.Finder?,'
If the Court please,this is the time set for the
hearing on a Petition of Magda Gibbs under Section 1201 of the
Fiduciaries Act in re:the estate of Joseph Gibbs,a presume d
decedent.At this time I would like to file with the papers the
Proofs of Publication showing publication four weeks each in the
Observer and the Washington County Legal Journal of the hearing
----~----------------!----I
2
originally set for October 6th,which lB.s been reset for this day'.
THE COURT:The Proofs of Publication in this ll?-atter,having
complied with statuto,ry requirements and with t~e Interlocutory
e.
Order of this Court,are received in evidence and are ordered filed.
You may call your witnesses;Mr.Finder.
A 46.
A Yes,I-do.
Q HOJ.,v.old2Hreyou?
EXAMINATION BY MR.FINDER:
.,
How many children do you have:n
I have four children.
Do you have any children?
225 Elm Street,Canonsburg,Pl .
Where do you live,Mrs.Gibbs?
A
Q
Q
A
MAGDA GIBBS IS CALLED AND SWORN.
Q
A My name is Magda Gibbs .
Q Would you tell us your name?.
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Q Would you give their names and ages?
A Reginald Gibbs is 22;:Joanne 'Gibbs,20,Joanne Thompson now,
-.she's married;Cheryl Gibbs,17;and David is 15.
Q 'Where is Reginald Gibbs now?
A.,He's in Germany,serving in the United States Army.
c}And Joanne Thompson is married?
l
3
A'Yes.
And did you move to,Washington County after your marriage?
At that time he didn't,I went to Los Angeles and lived from October
Yes.I'm originally from there and he was in the service and came
I •
back horne to stay with my parents before he got out of the service.
II-",.tt ••
•f""Did he come back here?
Then where did you two live together?
I lived there until September'of '49.
How long did you live in Los Angeles with him?
of '46.
I carne here first because I was expecting a,nd then later he carne.
When did Joseph corne to Washington G:mnty?
September of '46.
When did your husband get out of the military ser.vice?
When were you and Joseph Gibbs married?
Where were you married?
Hartford,Connecticut.
January 8,1946.
Joseph Jerome Gibbs.
What was the name of their father?
Yes.
And the other two children also re~;;ide with you?
And where does she live?
She lives with me.Her husband is in the service.
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'I think it was 1950.1951.
Did he live with you and the ch ild?
Yes.he did.
And how long did he stay here?
He stayed here until August of '53.
Is that when he left the family?
Yes.
What were the original circumstance,s of his leaving your family?
He said he was going to look for work out Wes~becaus ehe was ,from
out Los Angeles.He was going for work.
.And after he left in Augu.st of 1953.did you hear from him?-
Yes.I did because I was expecting.
.
Where was he when you heard froIT!liim?"
He was in Los Angeles .
"
And when was the last time that you heard from him in Los ~ngeles
"
or at:lywhere else in the United States?
It's been about ten years ago .
So between 1953 and 1959.you were able to keep in touch with your
husband Joseph.
A Yes.
Q
A
C\
And how did you manage to do that?
.Well.he corresponded with me qUIte often and h,e even called me in
between times.
Anrl th",:"rlirl it fl;·tiI.ddenlv ston?
A Yes.
A
Q
It stopped.1 haven't heard anything.
,Did you then make any effort to attempt to secure support for you....,-
and the family?
Yes,I did.Well,he was---I had wrote tO,Los Angeles and to the..,
Court the re.
.'
And they wrote me a letter and warted to know what VI as
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my means)of support and when I intended to com e back to Los Ange es,
so I wrote to them.
Did you receive any support from him?
No.
Were
limy gif.tis~"presents or anything received since 1959?
No',nothing.
Did he make,through himself,or any other person,any contact
with you or your family?
No.
When you 'last heard ofhim where was he living in Los Angeles?
He was at his brother's in West 88th Street,Los Angeles.
Would that be 1105 West 88th Street,Los Ange"les?'
Yes..'~
WastuhlS'brother's name,John Gibbs?
Yes.
Now doyou know whether or not he left his brother's home ? .
Yes,he did.His 'brother get.in contact with me,apd tasked him al::out
my husband and he said he hadn't heard from him in the 'past ten
-----------------~----------.....
6
years also.But he did keep in contact with him often before that anc
he also visited him.
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Was his mother still living?
His mother is still there and they haven't heard anything from him
also.
Did you also make efforts through the Social Security Administratior
to contact your husband?
Yes.I did.
And were you,successful in that?
No.I wasn't.because they told me.they took my application and
they said if he was living that they wouldn't tell me whe re he was at,.
Buf if he wa.sn't living.they would take my application.So they told
me if I'would prove that he vya,s dead they would pay me.He's not
paying Social Security.
They told you in order to obtain Social Secur,ity benefits you would
have to have Joseph declared presumed dead,.
-,
..rf-
Yes.,,
'Would you also be entitled to any Veterans 'benefit's {'
Yes.I would.He's a Veteran and we had a direct loan and I would b:>
entitled to it.
Q So that the record is clear.neither you nor any other member of hi 3
family has heard from Joseph in over ten years.no contact whatsoever?
A None w,hatsoever.
•
'..'
(Stenographer marks Petitioner's Exhibit 'IA",a letter dated May
12,1969,to Mr.Sanford Finder from John ,H.Gibbs).
Q Mrs.Gibbs,at my reques.t,in May of last year,did you contact
John Gibhs and ask him to write you a letter with respect to your hus Dand?
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Yes,I did.
l/'~Li want to show you.what has been marked as our Exhibit and ask
you if that is the letter which you received from John Gibbs?
Yes,it is.
And did you get this letter in.the ordinary course of mail from
California?
Yes,from Los Angele,s .
Haveyou also ta'lked to Mr.Gibbs.by telephone or ~n person?
Yes,I've talked with him by telephone.
..
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I assume'you have told the children at home that you are going throu~h
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this proceeding?;,./,.,.-.
.,.
Yes,'I did.,.-,
And they knew the date of this hearing,did they not?
Yes.
That's all I have,Your Honor.
THE COURT:
MR.FINDER:
What is John's relationship to Joseph ?
Thatls his brother.That is the brother whose
house he was living'in the last we know of.
1HE COURT:That's the brother of Joseph?
MR.FINDER:
THE COURT:
Right .~'•.
~...,.~".,I';~'.._...
Now could we,ge(a definite dat~in 1959wh~n...
8
,.
a last contact was made with this presumed decedent?•
MR.FINDER:Could y.ou give us the d~te:in 19~9 when yo~last
,'
heard of him or from him?
It must hav:e been around July.
Yes.,
or the end?
The begjnmggJofT;JuJy)
date of birth of Joseph Gibbs.
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:t..'"N MR.FINDER:
It was July of 1959?
'.
Would it be in the beginning of JUly or the middle
We should have in the record if we can get it,the,t::t<,;
Doyou know Joseph's date of birth?
iiiII:EA May 29,1923,I think.
o11.,\1&1
II:MR.FINDER:So that if he had been living he would be 47 yearsl-ll:
:lou this year ..J •
~
Uii:A .Yes.
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THE COURT:
A.Los Agg~les.
THE COURT:
Would she know where he was born?
Mr.Finder,you have given us the entitlement
of this witness to certain benefits,but we do not have in the record
whether or not the presum ed decedent himself left any estate in this
locality.
h
I------_....----------------------------------
---------------,-------,----------------------------~
9
MR.FINDER:Your husband,did he leave any estate,property
or money around here?
A No.
MR.FINDER:As far as you know,other than the benefits that
you would be entitled to from the Veterans Administt'ation and the
Seocial Security,did he have any estate of his own?
A No,he didn't.
MR.FINDER:
A No.
MR.FINDER:
A Yes.
MR.FINDER:
in California?
Heu did not own any real estate around here?
You have always rented?
As far as you know,·did he own any real estate..
A No,_he didnI t own anything.
!Ii1I:...Ii:MR.FINDER:
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That IS the testimony we have,Your Honor.
(Proceedings Closed).
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I hereby'certify thatthe proce~dings and evidence,are contained
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~z'io(>¢fully andaccu.ratelylnth~notestaken by me on.the hearing of tb,e above "i \'........',.''.:.,,''...,, . .
.~cau,se"ahd that this copy is a ~ortect trauscriptof the same.
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