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HomeMy WebLinkAboutOC1969-1165 - ESTATE OF WRIGHTFORM 67 REG. WILLS REV. 1-50 !\ppliratintt fnr ilrttrrs nf !\ilmittistratintt nn tbr Estate of... ...... ~.~!.~!:?.~~~ .... ~.~ ..... ~E.~.~.~.~ ..... ~l.~.!.~ .... ~~.!~.~~.~.~ .... ~E.~9.~.!.~.~~ ... ~.E!.s.9..~ .......................... . ,A/~/1+-C .. F". WtZl c, H 'I late of... ........ ?..Q~!:h .... f..?:":~.TI~ ... I!?.~D:§h.~.P. . .t ..... ~~.'!}TI~ .. ~ .............................. , Deceased . . Before the Register of Wills of Washington County personally appeared ...... P..QJ.".i.~ .... J~; .. ~ ..... $.mi.t:.h .......................................................................................................................................... .. who, being duly sworn deposes and says that ....... 9.Q.!.'!:~~P..~.~ .... .f..~ ..... ~E.!.&h.t ................................................................ .. age ....... .?.!.t .... , having ... b.i.§ .... last family or principal residence at ..... Rt .. P..,.J/..6 .. ,. .... W.~.s.hingtQ.Xl .. ,. .................. .. (Street and Number) ............................................................................................................................... , Washington County, Pennsylvania, died intestate ' (City, Borough, Township) . at .... W~.!?..h.j,..n,g!=.Q.P. . .t ..... r.g .. ~ ....................................... , on thJ.§ ...... day of ..... A~.g.~§.t ....................................................... .. A. D., 19 ...... 6.9 ..... , at.. .. .4 .. :A.S .......................... I' ............ M., possessed of personal estate to the estimated value $ ..... 1.,.0.00 ..... 00 ... , and of real estate in the Commonwealth of Pennsylvania to the estimated value of $ ..... :?. .. , .. QQ.9..::.9..9. .. , situate in .......... §.Q~.~h .... f..!.~.~~.!.!.~ .... !9.~P.:~h!.P. .... ~.~.~ .. J~9..!:.~.9. .... !'):~.~~.~.!!P. ............ . ..... '!'.QW.P..~.h.iP..a .... f~nn§Y:lY.gJJig ................................................................................................................................................................ : The names and addresses of the decedent's surviving spouse (if any) and other heirs including heirs by adoption) are as follows. REJ,ATIONSHIP RESIDENCE .... J.QhD. .... g.~ ..... W.;r;..igh.t: .............................................. : ............ ?.!?..P. ................... ~!?..~TI9 .. J~:F..Q!?..~.l.: ... N.~~ .... J.~.?:':.!?..~Y. .............. .. .... B.~.;r;.g.J.9. .... Q.! ..... .W~Jgb.t ................................................... ~.!?..P. ................... ~~.!.t.!~!?..!:.~.1 .... ~.!:Y.1~n.9. ............................. .. .... Le.e.: .. W ........ W.t:i.ght .... {D..ec.eas.ed.). .................... .S.o.n ................. .La..t~ ..... Qf .... Ami.t.b .. , ..... r.a: ........................... : ....... .. .... D.o.ris .... E. ....... Smith ................................................. aught.er ........... :a..Q.~ .... 2..5.2.A., .... M~.P.~m.~l9 .. , ..... P.a. .. r ...... l.5..0.5 7 .... lw.~TI~.Y. .... ~.! ..... B.~.:f.f .................................................... §n~gb.t.~.J.' ........... ~§:.~Y..§:.?'::.L .. g§:.~~.~.:: ................................................. . ........................................................................................................................................ T .................................................................................................... .. That deponent is over 21 years of age, resides at.. ..... Rr..P..~Jf.4.., .. J:1~.P..QP..gJQ .. ~~. .... r..~.~ ....... ..l.5..Q.?..Z ...... is a citizen of the United States and a resident of Pennsylvania, and respectfully applies for Letters of Administration upon the Estate of said decedent, no letters having been previously issued thereon. Sworn and subscribed before me this ....... fl'!i... -~t:t.'f-:'l:~d... ....................... .. day of ... ,~~.:P.);gmP.gr... ..... L. ... , A. D., I9!i.2. ........ - ................. /... .......... ~4~.: .. ~ .. (t.(.1~~~ ....... .. REGISTER COMMONWEALTH OF PENNSYLVANIA } SS: WASHINGTON COUNTY, f/ And now ............ ~.§:.P..t.§:~P..~.!. .... f, .. ~ .... , 19 .~9. ..... , come s ... P.~.;:J~ .... E,: .. ~ ..... ?..~.~.~.~ ............................................... .. who being duly sworn doth depose and say that... ..... §l::U~ ........... will well, and truly administer the goods and chattels, rights and credits of ..................... gg_!~~!?..~.~ ..... ¥. .. ~ ..... ~.!..!.8h~ ................................................................ , deceased, to the best of.. .. b.e.r. ... skill and judgment in strict compliance with the laws of this Commonwealth, mind- ful of the laws relating to inheritance taxes. ;/~ Sworn and subscribed before me this ... f.. .................. .. day of.. ..... ~g·p·~g:~~~!:..·z:);. .. ·• A. D., ~9 .. .§.~ ...... .. ..................... v.~~--5.~ ....... /.;;I:J.~ ................. . -no/f.tf! ... ~~·········-············ REGISTER J • "' "" I ~ ,) / ~Ill~ [p~ -&9-/IC.r APPLICATION FOR Letters of Administration ESTATE OF .f.QJ~mP..~.§ ..... f. .. ~ ... J~!.!ght. .... ~./~.1..~ .............. . Columbus Deceased.Frederick Wright R $ ............................. . Letters...................................................... , It .:-' -p $ ............................. . Extra Alias .............. $ ............................. . Certificates .'2f::d. (::' ....... $ .......... ..!. ..... ~ ... : .. Renunciations . ./ ......... $ .............. !. .... !!. .... :- .................................................................. $ ............................. . ' -rJ (r• ......................................................................... z ......................... . Totil ....................................................... ~ . .(.~ .......... .. RUSSELL f~LEP Register offpJ.J..tl-~ f( Ex. Offici'fr:fr~I of Orphans' Court RUSSELL MARINO ·--+ REGIS}ER OF WILLS .. ).P.:.~f .. ~/.itr. .... ~Y.K::__~--~ ................. . r · Attorney ~2 r:p,f3y iJ 6}-171 (!Iommnnwraltf1 nf Jrnnsyluania, llasqingtnu Qlnuuty. I, Russell Marino ~ BB. , Register for the Probate of Wills and Granting Letters of Administration in and for the County of Washington, in the Commonwealth of Pennsylvania, to DORIS E. SMITH administr atrix of all and singular the goods and chattels, rights, and FREDERICK WRIGHT a/k/ a C. F. WRIGHT credits, which were of COLUMBUS F. WRIGHT a/k/a COLUMBUS}.ate of Washington County, deceased, GREETING: C. F. WRIGHT WHEREAS, the said COLUMBUS F. WRIGHT a/k/ a COLUMBUS FREDERICK WRIGHT a/k/ a/ late of South Franklin Township in the county aforesaid, lately died intestate (as is affirmed), possessed of divers goods and chattels, rights and credits, within the said County, RUSSELL MARINO by reason whereof the power of granting administration thereof doth belong to me; I therefore, confiding in your fidelity, do by these presents grant unto you these LETTERS OF ADMINISTRATION, here- by committing unto you full power to administer the goods and chattels, rights and credits, which were of said deceased within this Commonwealth, you having talcen and subscribed the oath of office pre- scribed by law; requiring you to well and truly administer the goods and chattels, rights and credits, which were of said deceased, and to exhibit a true and perfect inventory thereof into the Register's office, at Washington, within ninety days, and to render a just and true account of your administration at the expiration of six. months from the date hereof, and to regard and comply with the provisions of the laws relating to inheritance taxes. () IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of said Office to be affixed this ninth day of September in the year of our Lord one thousand nine hundred and sixty-nine ./} ~ ... ~ .............................. ~ ................................. .. RUSSELL MARINO, Register. ndn ~ ~~~ tl:) ... ... tl:) ~~f,3 ~ t:l ~ og~ 1-1 t:) :I: • z . i ~1;111~ t;rj ...... l U'J > ~~ ~ t:Y t ~ a ~~ ..... ~ a. ,. I ~~ = ! ... ~ i ~ ~ ! ! ... : .et ..... ! t:) i ~ = : : i i ' J iKunm i\11 ilru iy Wqrsr Jrrsruts Estate of .... 9..?..~~~:?..~.~ .... ~~ ..... ~ .. !.:.~.~?.:~.?. ..... ~~.~ .. !.......... } N f 19 S F 11 T o ............................... 0 ....•....... late of ........... !! ........ r.~.t*-........ P: ........ W.P. .. ~ •.............••. , Deceased KNOW ALL MEN BY THESE PRESENTS, That we, ... .P..9.r..!.~.~.~ ..... ~~.!.~P: .... ~.~ ..... ~.r.J~I:?£~P.~J ... ~.n:9. ..... ~~J~.~9.-..... ~~.~.~.~.~ .... ¥.Jg.~J.!.~Y. .... ~J?:~L .. ~!.l:ta ran ty ....... 9..9. .. ~ ............ ~.~.~.~.;,~~.!.:~ .. ~ ..... ~?.:.~ ..... ~~.!.:!: .. ~.¥. ........................................................................................................................................ . all of Washington County, Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsyl- . f h f h · d · h · h f One Thousand D 11 vama, or t e use o t ose mtereste m t e estate, m t e sumo .. ,...................................................................... o ars, to I be paid to the said Commonwealth, to which payment, well andi 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 ...... ~~.h.!! ........... day of .................. ~~P.~.~.~~.~!.: ................ A. D., one thousand nine hundred and .... ~.!.~.~.:Y.: .... ~!.~~ ............................ . THE CONDITION OF THIS OBLIGATION IS, That if the above bounden ............................................... . ..................................................................... P.9.r..~.~ ..... ~~ ..... ~~!.~~ ......................................................... : ............................................................... . Administrator ..................................................................................................... or any of them, shall well and truly administer otherwise, it shall remain in force. Sealed and delivered in the presence of: ~tatrmrnt nf ~urrty 1, ........................................................................................................................................ , 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. Street P.O. ~tatrmrnt nf §urrty 1, ........................................................................................................................................ , 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. Street P.O. 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 oblig·ors 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. # lll6 No. 63-69-1165 1\ilminiatration tlnnil IN THE ESTATE OF COLUMBUS F. WRIGHT a/k/ a COLUMBUS FREDERICK WRIGHT a/k/ a C. F. WRIGHT And now ~~r 9 , 19__69_ )~ Bond approved and Letters issued to Doi"iR Ea Smit.h who was duly qualified. Russell Marino Register RUSSELL JiJiziiD Register o!,ly.'j.11( tl-~f' Ex • Ofti~lerl' of Orphans' ;Court RUSSELL MARINO Bond Book .63--RfGISKR OF 'i''f'ftL[age 1 ?0 Atty: TEMPEST & SIMMONS ~2 ~- • I ··.·; ..... .. 63-6 9-//60 .Affibautt ®f fxrrutnr ®r Abmtutstratnr ~tntt of Jruu.aglunttin t <!!ouutg of lln.a4tugtou J .a.a: Personally before me, the undersigned authority, a ·---~~-~-~~Y ... P..l:!~J.:!:f ...... in a~d for said County and State, appeared ........... J?.QJ..U.§ ___ g_! .... §~UitL ........................................ who, being duly sworn according to law, deposes and says that he is the executor or administrator of the es- tate of .. ~.?..~.~~~-~.? .... :f..~ ... .W!.~.&!?:!.L. .......... deceased, that the foregoing schedules constitute a 1 t · t d · t f th 1 d 1 t t f Columubs F. Wright comp e e mven ory an appra1semen o e rea an persona es a e o ........................................ .., ' deceased,:.e~cept real estate outside the Commonwealth of Pennsylvania; that the figures opposite e~ch it~~Ifof re~l~nd pe~sonal estate .in .the foregoing schedules are determined and stated by the .U:ndersign~d to. be)he fmr value of said Items as of the da.te of the decedent's death, based upon a §just appraisement 'Of each item made by the above named Executor Administrator. ::. ,·,:. <··, .,.·: . 15th . t~ ;; : .. ~worn, a,nd subs,crtb.fd before me thzs .. .. .. . .. .. . . .. .. .. .. .. . . ' .. "' '-· ~ .... \~ ....... ~'t..,,::~ .... f ...... 19 ~ .. 7.1....... } ·······~~ecutor:Ad;;;JDi~tr~t;,;:····················· My~ ~;~'!'I~~~ INSTRUCTIONS . -~t!(l(t~i.l\ll\~\_,_,~~ . 1. An inventory must be filed within three months after appointment of personal representative. 2. A supplemental inventory must be filed within thirty days of discovery of additional assets. 3. 1 Original and 2 Copies and 2 RCRI-34, Under $10,000; 1 Original and 2 Copies and 2 RCRI-33, Over $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in- cluding Copy of Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COPY Act of 1947 P.L. 513 Sec. 5.2, 72 P.S. 4844.2 :1Juurutorg n~ .Apprni.atmtut of the goods and chattels, rights and credits which were of ..... q9.~Y.~~.~~ ... Y~ .... ~~-~q~T ........................ .late of .?.?~.~?-... ~!.~~-~~-~-~ .... ~.?.~!.l:~.~~P. .............. . Washington County, Pa., taken and made in conformity with the above affidavit. REAL ESTATE ALL those parcels of land situate ~n North and--South Franklin Townships, Washington County, Pennsylvania, as follows: · FIRST: Lot Number 7 in the Revised Plan of Lots laid out by Owen Wright, by survey of J. T. Donahoo, Civil Engineer, dated September, 1945. (See Deed Book Vol. 698, Page 272) SECOND: A parcel of land containing 7.73 acres, more or le$ as per survey of J. T. Donahoo, Civil Engineer dated September, 1945, and as shown on Revised Plan of Lots of the said Owen Wright. (See Parcel. Second, record- ed in Deed Book Volume 698, Page 272). THIRD~ Lot Number 2 in the Plan of Lots laid out by Owen Wright, by survey made by Chaney Engineering Company, December, 1923. Total value of all real estate PERSONAL PROPERTY 1. Veteran's Administration for burial and marker 2. Social Security Death Benefit 3. Protected Home Mutual Life Insurance Company 4. Blue Cross Refund 5. Nationwide Insurance Company refund (car insurance) 6. 1964 Dodge Sedan-Manufacturer's No. 7142610445 DOLLARS 9,550 425 255 1, 014 7 36 150 CENTS 00 00 00 19 10 50 00 Total personal property ----------------------1,887 79 TOTAL ESTATE --------0..1,437 79 J ~ ~ ~ ~ ~ t I <:.11 92 E w d 0·--~, l~'lr 1 L .. '''i • I , , u ..... ~ ,. ' .. '· ...... ~ ~ t"r1 t"r1 (I) ..., ~ ..., t"r1 ~ .. ' t'. ...... ;:! <::: "' ;:! ~· .... 0 ... ~ ~ § "'-- ~ ~ "" <;:;· ~ ~ .... STATE OF PEN~YLVANIA, WASHINGTON COl#,NTY, ~ SS: '' . The within named Accountant being duly sworn according to law, depose and say that the above account ' ~ I. '· ~s stated is true and correct as .......... !?.h~-------·---··-····-·------verily believe.s • Sworn and subscribed beofore me this ... }.?.~.J:l: ....... . '\'' Washington County, ss: ci z ~ : .. I' " •I . ·><· --•PI· -- ·~ .j-) .... Ci$ 0 0 1-<i ..... .j-)i ~ Uli 0 ·r-li CJ ~~ < •r-li Si "1j! <t;1 ...: ::r:i E-<i Hi ::;zi Cl)l •: ~1 Cl)i Hi ~i oi ~~ . . ....... !'" .'''"" • I 97 I ,JIJL J!J . ~ 1 ·_. ~ ·--~~--13·~-~---····-····--·-·--·· I do certify that I have given legal notice to all persons concerned of the filing of the within account in the manner prescribed by Statute pnd Rule of Court, as evidence by proofs thereof filed to No .. {d .. ~-~'1-l-~~-8-_Q ___________ _ ess my hand and official seal this .. 3.~--------· day of ... r·• ' .0 . ~;..>) 1 !; J ' •• r'\4,• ~ ?6 i··-' ' '·' ', '"''l-11! 1 l . ; ,-.., ' \ l i ~ ~-" Register of Wills .. . . ~· \, • ~ 3-.-lor~· /I !o~ ' ·I ,, I • .. ; I .. ----------------- • I "' The Court is respectfu II y requested to determine proper distributio TEMPEST & SIMMONS 223 SECOND STREET MONONGAHELA, PA. The Eirst and Final Account of DORIS E. SMITH, Administratrix of the Last Will and Testament of COLUMBUS F. WRIGHT, Deceased, late of South Franklin Township, Washington County, Pennsylvania The 'Accountant is charged as follows: PRINCIPAL PERSONALTY: To Amount of Inventory & Appraisement $1,887.79 INCOME PERSONALTY None PRINCIPAL REALTY To Amount of Inventory & Appraisement $9,550.00 INCOME REALTY None TOTAL CHARGES-~------------$11,437.79 The Accountant claims credit as follows: PRINCIPAL & INCOME PERSONALTY Administrative Expenses, Preferred Debts & Other Debts & Taxes, as shown in SCHEDULE "A" $4,292.99 TOTAL CREDITS-------------·-$4,292.99 BALANCE FOR DISTRIBUTION---------------------------------$7,144.80 j j S C H E D U L E "A" ADMINISTRATIVE EXPENSES: 9/9/69 Russell Marino 11/11/69 Pa. Dept. of Rev. 11/12/69 Wash. Co. Reports 11/12/69 Observer Publishing Company July,l971 Russell Marino July,l971 Russell Marino July,l971 Clyde G. Tempest July,l971 Doris E. Smith July,l971 Francis Wright PREFERRED DEBTS: 12/12/69 Robert Gordon Funeral Home Letters of Administration Auto Transfer Advertising Letters Advertising Letters Filing Inventory Filing Account Attorney Fees Administratrix's Commission Real Estate Commission $13.00 7.00 14.00 14.00 4.00 16.00 600.00 550.00 100.00 $1,318.00 Funeral Expenses $1,649.00 3/11/70 3/11/70 Kurtz Monument Grave Marker 295.00 25.00 Washington Hospital Ambulance Service OTHER DEBTS & TAXES: April,l970 County & Local Tax Collector April,l970 County & Local Tax Collector 1/12/70 1/12/70 1/12/70 Se?-rs & Roebucks McVehil Plumbing Company · J. R. Bird $1,969.00 1969 Real Estate 158.61 Taxes 1970 Real Estate 204.08 Taxes Hot Water Heater 79.36 .Plumbing Supplies & 52.18 fittings . Labor to Install 20.64 plumbing Water faucets 12.36 Fittings 9.36 Pipe & fittings 46.05 Water line 94.32 Roof Paint 12.34 House Appraisal 50.00 Proration of 1971 75.69 Taxes Realty Transfer 191.00 Taxes $1,005.9Q TO!AL--------------------$4,292.99 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 officiail legal periodical for said Washing.ton 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: ... A~th.· .... 1 ... ay of ........... P.~!;;.e.mP.e.,J;" .............. , 19 ...... 6..9. .. .. ~ 1 'M . ....... . : zt::i..u.:t.~....e.-..{:~ ... L.~.L.t.~ Notary Public KATHERINE C. NICHOLAS, Notary Publi~ Wa:bi~!Jton. Washington Co., Pa. f1y ~ ""~·•-o; n Expires ~ N~~ve~;',~ ~~ 1. 1973 ~"' .... : ... Estate Notices The Register of WiHs 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 having claims or demands to present them for settlement to the Executors or Administrators or their Attorneys. • • • • • • • • • • • • • • • • • WRIGHT, COLUMBUS F. a/k/a CO- LUMBUS FREDERICK WRIGHT, a/k/a C. F. WRIGHT, Dec'd. Late of South Franklin Township, Washington County, Penna. Administratrix: Doris E. Smith, R. D. #4, Box 252A, McDonald, Pa. Attorney: Clyde G. Tempest, 223 Sec- ond St., Monongahela, Pa. 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 officiail 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: ...... NQs:.~J;u':.t .... ?..o ....... ?..z ....... l9..fl9. ......................... . .... J2e.c;embe.x: .... 4.,. .... 19..69 ........................................... . 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 ~:·~~m~~~&:~;::::~~. ~ ~ .. Sworn to and ' l ... 4~t.h. ... X::. ay of ............ P.~~.e.ml?.e..r. ............. , 19 ...... 6.2 .. .. ~ /1 0 • ....... .. 'Zi:i.~~.w. ... Lh.;t!~ Notary Public · ....... : .. Estate Notices The Register of WiJls 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 having claims or demands to present them for settlement to the Executors or Administrators or th~tir Attorneys. • • • • • • • • • • • • • • • • • WRIGHT. COLUMBUS F. a/k/a CO- LUMBUS FREDERICK WRIGHT. a/k/a C. F. WRIGHT, Dec'd. Late of South Franklin Township. , Washington County, Penna. Administratrix: Doris E. Smith, R. i D. #4. Box 252A. McDonald. Pa. Attorney: Clyde G. Tempest. 223 Sec-ond St., Monongahela. Pa. ~.I .1 . .; I (J Commonwealth of Pennsylvania, County of Washington, SS: ••..• Personally appeared before me, a Notary Public in and for said County and State, Richard S. Cowan who being duly sworn according to law, deposes and says that he is the Vice-President of Observer Publishing Company, a Pennsylvania Corporation, and its agent in this behalf; that the said Company is the publisher of the Observer Publishing Company . ' that a Administratrix Notl.cefor Estate of Columbus F. Wright a/k/a/ Co}-u~bus Frederickappeared in the Wr1ght a(R(a C.F. wr1gfft and Dec. 1,1969 issues. Sworn to and Subscribed before me this November 17,24. 19th day of July , ~x 1971 71£'2r'r ~Ad~ MARGARET M. BRADLEY. NOTARY PUBU~ WASHINGTON, WASHINGTON COU1{\T M'i COMMISSI_ON EXPJRES MAY 6. 191~ ;..:: : ." . '·I' 1 ,,:_ .:.•\',1 ,,, . ,.·,, ., .. ,, ,,, ) -' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY 1 PENNA. ORPHANS' COURT DNISION INRE: Estate of ( ) ( ) ( ) ( No. 1165 of 1969 COLUMBUS F. WRIGHT 1 Deceased. ADJUDICATION Marino, J., December3, 1971. The decedent, Columbus F. Wright and the then Josephine Fenwick were married April 28, 1932. It was the second marriage for each of them, and each had four children. They lived together, except for brief periods, until August, 1946. One child, Nancy E. Huff, was born to them in 1941. The estate, through the fiduciary and the heirs, claims that Josephin~ Wright deserted her husband in August, 1946 and that said desertion was willful, malicious and without reasonable legal cause. It is claimed therefore that she has forfeited her right to share in her husband's estate. The administratrix further points to the fact that decedent filed a complaint in divorce, charging desertion, and that Josephine Wright did not answer the allegations in the complaint. The action was filed in November, 1968, but was not pursued by the decedent, who died in August, 1969. It was also shown that Mrs. Wright instituted a non-support case against< her husband prior to 1 946; that the matter came on for hearing and that Mrs. Wright was not awarded a support order. She answers that no orde:r was ma~e because the judgE( who heard the case suggested that they "kiss and go home", which they did. But she maintains that the accommodation did not . ... ) L_ __________ ~L-----------------------------------------------------------------~--l {~.I .. '·. succeed because he soon went back to his old habit of getting drunk, mistreati~g her, making threats against her and refusing to maintain her and her child; he stated he would never support them at any tirre in the future. One evening in August 1946, they had a bitter quarrel. Mrs. Wright'~ 20 year old son, just returned from the Army, heard them; he got out of bed and came down to confront his step-father. He grabbed hold of him and gave him to understand that he would not permi,t him to lay a hand on his mother. The next day, Mr. Wright left home in the afternoon, taking some personal belongings with him; he did not return that day. It was thought that he went to Wheeling, W. Va. Mrs. Wright knew that he had made arrangements for his son, Lee Wilson Wright, who was married, to occupy the home which was owned by Mr Wright. Such being the situation, she decided to leave also. Her daughter wa~ four years old at that time. She took her daughter and two sons by the prior marriage and went to bowen, Massachusetts, where she remained until1953, when she moved to Beaver, Pennsylvania. She requested her husband to help support the child; he refused. ~hey never lived together after that. When a widow makes claim against the estate of l:J.er husband from whom she was separated, the burden of proof is upon the representative of the estate and the heirs to establish their allegation that the wife was guilty of willful and malicious desertion in order to forfeit her rights in his estate: Watt's Est., 409 Pa. 44 (1962); Arnout's Est., 283 Pa. 49 (1925); Braum's , . Est.~ 88 1Pa. Superior Ct. io9 '(1926). .Qf course, if the heirs prove a . . . desertion on the part of the wife without legal cause, then the burden shifts to the wife to show that.: same was not willful and malicious; Fisher Est., 20 Fiquc. Rep. 2~0, (1970~. -2- ' , . ..... -· The-proofs relied on by the Estate to show that Mrs. Wright left the .. common home without legal cause, was the evidence adduced by the daughter, administratrix of the 'estate, Doris E. Smith. Her testimony was to the effect that her father only drank occasionally and not to excess; that he was industrious and did not cause any trouble. However, she had married and left home about two years before the final separation. Additionally, Anna M. Wright, a sister -in-law of decedent, also testified to Mr. Wright's good behavior; he was a good provider; he did not drink to excess. James Francis Wright, decedent's brother, testified briefly; but he had worked in Ohio since 1943 and came home only on week-ends. He knew his brother drank but he was not a habitual drunkard. Josephine Wright, the widow, testified as well as her daughter, Nanc Huff, and Mrs. Georgetta.Simpson, another daughter of Josephine Wright. Georgetta was eleven years old when her mother married Mr. Wright" in 1932. With the children of both spouses, there were ten living in the home at that time. She described Mr. Wright's actions and treatment of her mother; she said it was not always physical violence that Mr. Wright extended toward her, but threats as well. She summarized it in one sentence: 11When he was sober, everyone got along with him; when he was drunk, there couldn't be anyone live with him. rr Georgetta Simpson described how Mrs. Wright left the home (after Mr. Wright had already gone) and went to Massachusetts. They never lived together after that. Nancy Huff was only five years old when the separation occurred. She lived with her mother in Massachusetts thereafter and only visited here when her mother would return on infrequent occasions to see relatives. -3- A consideration of all the evidence leads us to the conclusion that the withdrawal of Mrs. Wright from decedent's home was justified under the circumstances. She had been married to him for fourteen years. During this period of time, he never fully assumed his responsibilities; he would not buy her food regularly, but forced her to depend on rent money she collected from a small farm which she owned. It was not a matter of inability to supply the money, as Mr. Wright had regular employment; he simply preferred to spend his income, or a great portion thereof, on liquor and bar rooms. She was ,· forced to l~a{ie hi~ ·on at least two occasions because of lfis drinking and maltreatment. She went back to him because he promised to do better. He ~ . never did. He was p~rturbed about the sale of the small farm which Mrs. Wright owned.because she refused to share the money with him. Mrs. Wright felt, and justifiably, that she would need the money in the future to provide for herself and young daughter, Nancy, and events proved that she was right. The heirs make mention of the fact that Mrs. Wright never attempted to secure a support order after the unsuccessful endeavor when the judge sent them home to try again. Mrs. Wright explains that he had never supported heJr before, so why try to get a support order against him. It was also claimed that Mrs. Wright wanted payment of a $500 note which he owed her, and if she was able to collect this, she would be satisfied and would let him have a divor e. She denied this, but stated that he did owe her the $500 and she had tried to ge it. The divorce action was never concluded; it never proceeded to a hearing. Also mentioned, was a visit which Mr. Wright made to Massachusetts when Mrs. Wright was hospitalized. He complained that he did not get to see and visit with his wife. Mrs. Wright explained that she had no part in this; it was her doctor's orders not to see anyone because of her condition at the time. -4- But it is uncontradicted that Mr. Wright never asked her to return; and likewise that he never contributed anything toward the support of their child, _Nancy. In light of the entire record in this case and the facts as found, to which reference has been had, and consistent with our discussion of the law pertinent thereto, we conclude that Josephine Wright, surviving spouse of Columbus F. Wright, deceased, did not wil1fully and maliciously desert him during his lifetime, and consequently is entitled to share in his real and personal estate, in accordance with the provisions of the Intestate Act of 1947, as amended, together with the issue of said decedent by both marriages • . ' -5- -------------------~ ~tt tlJr <l!nurt nf <l!nmmnu ~tlras nf llas4iugtnu <l!nuuty ®rp4nun' <l!nurt itttisinu In the matter of the Audit of Account in No. __ <.:,""'·~:.........,..3L..._·'_C,_y~--· =-' L-/ _,~..._· _,._~-..___ __ _ TO THE AUDITLNG JUDGE: appearance for_-'J""-'o"""-~"'-. _t.:....,-::'-'-P___..H..l....lt__,·,,...i _.!:;;;1..--_M--'=--''-"-" ~UJ,_.,/2...__.._1 -''t=t--'-N_,__Y-'------ DiiCi;Oe=N(· Cot.. u ~is v s , I~ day of 'E) f{ PT f A' ~ 1C -R. , 19J_J N. B.-Counsel sb!all, by separate paper, present a concise statement of each claim, w.ith 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 ~ ~ .... = 0 ~ <J.l $.t +0 oil ~ +0 00 ~ r£1 =+-. .s ~ ..., 1-< ~ ;:j 0 0 p:: (,) (,) 0 < :J $.t r;.. ...... <( ~ 0 +0 ;a ;:j ~ < :::.. <J.l ..... .... 4 ~ ~ H ·~ ~ 0 {/) -<( z -l CL -l -3:: C> ~~ c; ~ ·--~- ; . tr o .s L_ ··-,_ L 'J) :r~ ""'> (..,? (./) -·~./ w:::: L!.J ·<( L~-::;- • (Form wnere decedent di:~d lll!est:-te) Ju tqr ®rp4ans' Oinurt nf llasl1ingtnu Oinuuty ESTATE OF. No. 1165 Term, 19 69 , A. A. FREDERICK WRIGHT a/k/a C. F. WRIGH , Intheaud~clthe First and Final a/k/a COLUMBUS F. WRIGHT, Account of Doris E. Smith Deceased The petition o f ........ P..9.!.J.$. ......... ~---·· .$!!!-.i. .t.h_, ____ A9-m.i.ni.~ . .t..r..~tr..i.x .................................... . (N orne of Petitioner) respectfully represents: ................................................................ , .......................................................................... . (a) The decedent died ..... A.~g-~.? .. ~-----~--~-L .... ~-~-~-~---·······························' intestate and (Date) letters of administration on ...... hJ.$. ........ estate were granted ...... S..~.P..t..! ..... ~ .. , ..... l9 .. 6.~---····· (Date) as per record thereof appearing in Administration and Bond Book No ..................... . at page ............................................................ . Decedent was survived by Josephine Margaret Wright, his wife, of 38 Tamakque Street, Beaver, Pennsylvania, 15009, ~nd said wife did survive her husband, but did not maintain a family relationship at the time of his death. A Complaint In Divorce was filed by the Decedent on November 18, 1968 charging that his wife had wilfully and maliciously deserted him on or about August 16, 1946. I State (I) whether de- cedent was married or unmarried; (2) if mar- ried, whether a husband or wife survived and his or her name; (3) whether or not there was any marriage settle- ment; (4) whether or not family relation was maintained until deced- ent's death; and (5) whether the decedent left children or issue of deceased children. The decedent was also survived by· three sons and two daughters, namely, John E. Wright, Harold 0. Wright, Lee W. Wright, Doris E. Smith, Nancy E. Huff. within (b) At the time of death, the decedent's domicile was without the Com- monwealth of Pennsylvania, to-wit, at ..... S.9.1l:.t.h ... .F..r.~n.kli.n ... .'I.9.W.n.~.b.i.P. .. ,. .... P..~nnsyl vani (Town or Township, State and Nation) and residence was at... .. R.! ..... P..L.:.N.9..~-----~--l .... W9:.$..h.!P.:&.!.9.n.L . .P..~.~-.... J.?.}.Q.1. .................... . (Town or Township, State and Nation) (c) The names of all persons having any interest as heirs or next of kin with the names of their deceased parents, to show relationship if they take by representation are as follows: NAMES Relationship Interest or age, sui- juris, or not, (write yes or no). Name of Guardian, Trustee or Committee, if any, or beneficiary, manP..er and place of record of appointment and is bound suffi- cient to cover and protect share. SEE ATTACHED LIST OF ALL PERSONS HAVING AN INTEREST AS HEIR OR NEXT OF KIN. State exceptions, if any, giving names and dates of death and the names of their executors or administrators, or the names of their issue as the same may be mater- ial. Describe type of notice. All of said parties in interest are living, except No Exceptions (d) All parties having any interest have had ....................... notice of the filing Certified . of the account by/ LetTer, return rece1pt requested. \ • (e) Balance for distribution per Account (f) Additional debits, not shown by Account <Itemize) NONE (g) Additional credits, not shown by Account (Itemize) 1970 Real Estate Taxes paid to Washington County Tax Claim Bureau, $139.01. Mailing Notices of Audit, $ 30.00 $ .. ..Z . .2JA.4 .. ! .. ~. o $ ............................. . $ .......... J.2 .. ~.-~ .. Q) $ .... 6 .. ~.9..7.5 ..... 7..9 Insert word "not" where I (h) Claim for exemption has been made, and has .... J1Q.t ........ been paid. necessary. (i) The estate is .... _____________ subject to the payment of inheritance tax to the State of Pennsylvania. If taxable state w~eth-1 (j) The estate is ........ n.o.t ........ subj ect to the payment of the county 4 mills er tax has been p01d. ll too many for tbe space, annex a list there- of; if no such claims, insert the word "none." If any creditor or other claimant has not re- ceived actual notice, that fact must be stated. Indicate such claims as may be secured or en- titled to a preference, and give detailed infor- mation concerning such security or preference. Here insert a reference to all questions requir- ing adjudication, and a ~tatement of any mater- ial facts not already given. If none insert the word "none." If any share has been assigned or attached that fact should also be stated here. State kind, form and character of prnperty composing the balance for distribution, and if any part thereof is not cash, whether or not there has been any elec- tion to take such part in kind. tax. (k) The estate is ........ n.o.t ........ subject to the payment of Federal inheritance tax. (I) All creditors (and other persons who have complied with Rule II, Sec. 9), of whose claims the accountant.:r~-~--~-iY.e..d. notice or knowledge, have ------------------------received actual notice of this audit; the amounts of their claims and whether or not they are admitted to be correct are as follows: There are no creditors and all persons in interest have received notice of the Audit. (m) It is respectfully requested that the wife, Josephine Margaret Wright has forfeited her share under the Provisions of the Intestate Act, 1947, as amended, inasmuch as for one year or upwards previ6us to the death of her husband she (~ ~ wilfully and maliciously deserted him. (n) ~he balance for distribution consists of property in kind, form and character, as follows: The entire balance for distribution consists of cash. ( --_:;-__ --· ---------~-----=------ Are there any advance- ments by decedent to be considered on distribu- tion and has any distri- bution on account been made by accountant to any distributtee? (p) No advancements have been made. ( q) Give brief location of any real estate sold. North and South Strabane Townships, Washington County, Pa. If prior accounts have heen filed, list number and term. (r) No prior accounts have been filed in this Estate. . ' ... Wherefore your petitioner asks that distribution of principal and income be awarded to the persons thereunto entitled and suggests that the balance of principal and income should be awarded respectively as follows (shares being stated in proportions but not in amounts) :- Your Petitioner respectfully requests that the entire balance, being in cash be distributed in accordance with the interests stated after each beneficiary on the attached sheet. County of Washington, ss. The above named petitioner being duly sworn doth depose and say that the facts set forth in the foregoing petition are true to the best of h ... ~.!. .............. knowledge and belief . to, and subscribed before me this ~~t?oas oL.Se.p,t.e.mb.e..r... .......... , 19 .. ..7..1.. .. . / ' ·. ,• . . . /: _,d:t.<'n~tll!/C .. : .. : ... :[dJ.Y...714..~ .... :. ......... . . CARMt:NfM. DiGIOVANNI Nota~ Put>li~ .Monongahela, Washington Co. ----------·--------------·:Mr-~~sliion-bpires.luly . .Z,.l,1.5 ............................... . And your petitioner will, etc., j() . I {J -/) ..... dY..~---····'---~-········--·····--························· (Signature of Petitioner) ' .. "' ''\ ;.- r:• ~ •I ' .. FORM IN CASES OF INTESTACY No .... JJ,..9..~ ... , ................................ Term, 19 .. §.~., A. A. IN THE ORPHANS' COURT WASHINGTON COUNTY, P A. '• Es-tate of ... C.o.lumbU.S .... F.A .. : .. Wr.ight.. ............. . De-ceased. Sur account of .P.9..fJS Smith .......................... ) ............................. .. ............................... Adm.in.is.t.r.a.tr.ix ............ .. PETITION SlJR AUDIT In Conformity with Court Rule Ill, Sec.-5 _(B) COUNSEL FOR THE ACCOUNTANT WILL SUBMIT HE~·EWITH 1 •. The letters of administration. 2. A copy of the inventory and appraisement. 3. Proof of advertisement of the grant of letters, if not filed with accountant. 4. An appearance for those represented. 5. Inheritance tax receipts, if any. 6. Certificate of liens in case any of the funds fo.r distribution are derived from the sale of real estate . 7. Copy of Federal Estate-tax return, if estate is subject thereto. 8. Signed elections to tak!,O in kind, if any. HORMELL, TEMPEST, SIMMONS, \ BI,GI ~11lLEN¥-ZER ~Y~i~;~ ~9 , ~? !/'t {c. t:tt f~ L' ._:. -: ~ '\ ,I )' \: ' t<: I I [\ Q 1-.1 I , ~· ~ ! '\. • \; ~ -i l,J n E C i ~: ·; : : I C :: ':/! L L S W/-·.Sriir• .. ;.i";f--.'_CO., P/1. '. 0 .. .. .. t•: :, I., -, •_,.0 1_. '>/ I ' p o ~ ~ ·-.:;~ "·· .... -'. ·'.'-.t~,.,l fl· ............ "'\' . ''t I. 0 l c \ \::,' ,•" / ' "tjt''o\' -.... r '' ~ ... (I, • -""! ... ~·-.-' ; ~ ~ NAMES RELATIONSHIP INTEREST. OF AGE NAME OF GUAR- DIAN ~\ John E. Wrigh"t Son 1/5 sui juri s None 20 Talmatge Bound Brook, ~ew Jersey sui juris . Harold 0. Wright ·-· Son 1/5 None 1551 Rolling Hei o;hts_: Balitmore, Maryl :.md Doris E. Smith Box 252A sui juris McDonald, Penna. Daughter 1/ s. None Nancy E. Huff Daughter 1/5 sui juris None 1439 Sharon Rd ' Beaver, Perina. Lee w. Wright Deceased 12 11/68 Children: t' • sui juris . . -Helen Ford Grand-1/55 None 301 1/2 Fayette pt. · Da~ghter . Washington, Pa. ' ·' . Samuel Wright Grand-Son .1/55 ~ui juris None R.D. #1 Amity, Pa. - '. I ... Rebecca Porter Grand .... R.D. !1 Daughter : 1/55 sui juris None Amity, Pa. Thomas Wright . Grand-Son 1/55 sui juris None R. D, # 6' ' Washington, Pa. Jose:eh Wright Grand-:Son 1/55 ~2/3/54 Jane WrightJ RD #1 16 yrs, wife of Lee Amity, Pa, Wright, Dece< sed Grand,.Son ~1/27/56 12/1/68 Mark Wri~ht 1/55 p R·,D,. #1' '' 14 y.rs. Ami t)':-,-Pa. Esther Wright Grand-1/55 10/14/58 " R,D. #1 Daughter 12 yrs, -· ; Amity, Pa. TEMPEST & SIMMONS (CONTINUED ON NEXT PAGE) 223 SECOND STREET MONONGAHEL.A, PA. ti ! j . -{' TEMPEST & SIMMONS 223 SECOND STREET MONONGAHELA. PA. NAMES C~ndy Wright R,D r #l AJI).i ty? Pat John Wright R.D. #1 Amity, Pa, Danny Wright R;,D, :#1 ... Amity? Pa. Jimmy Wright RD''_'#r···· ' ~. . Mitt~ )?a,. RELATIONSHIP INTEREST Grand~Da,u~hter 1/55 Grand-Son 1/55 Grand:-Son 1/55 Grand-.Son 1/55 { . \ ll ' OF AGE NAME OF GUARDIAN . 10/4/59 Jane Wri,ghtr 11 yr \fife o£ Lee Wright, dececea-s ed 12/1/68 4/2/62 "1. 9 yr~. 1/27/64 " 7 yrs, . 1/19/67 ll 4 yrs, · ;t.-t pt _, In tqr QLnurt nf QLnmmnu illrns nf 1Ins4iugtnn QLnuuty. Jrnnsylnnnin. ®rp4nns' QLnurt littisinu ESTATE OF No. 63-69-1165 Columbus Wright a/k/a Columbu Frederick Wright a/k/a C.f In the matter of the: __ F_i_r_s_t_an_d_F_i_n_a_l_ Wright, deceased Account of Doris E, Smith Administratrix ADJUDICATION AND DECREE And now January j-, 19 72, this matter came on for hearing, audit and distribution at this session and testimony taken; and thereupon, upon due consideration therepf the,..balance for distribution in the hands of the Accountant is determined to be $ o,97:2.79 and the account is accordingly confirmed; and it is ordered, adjudged and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and made a part hereof, unless exceptions hereto be filed sec. reg. or an appeal be taken herefrom sec. leg. . / SCHEDULE OF DISTRIBUTION Balance per account ________________ _ Additional credit asked at audit Balance--------------------- Deduct Clerk's Costs & Receipts and Adjudication Attorney Tempest & Simmons _,.~ Tempest & Simmons, Esqs., additional compen- sation for extraordinary services, Russell Marino, Agent, transfer inheritance tax, $393.42 Interest from 11/26/70 to 1/15/72 26,82 Josephine Margaret Wright, widow, 1/3 balance, John E. Wright, son, 1/5 balance, Harold 0, Wright, son, 1/5 balance, Doris E. Smith, daughter, 1/5 balance, Nancy E. Huff, daughter, 1/5 balance, Helen Ford, granddaughter, child of Lee W. Wright, a deceased son, 1/11 of 1/5 balance, Samuel Wright, grandson, child of Lee w. Wright, a deceased son, 1/11 of 1/5 balance, Rebecca Porter, gra.nddaughter, child of Lee W, Wright, a deceased son, 1/11 of 1/5 balance, Thomas Wright, grandson, child of Lee w. Wright, a deceased son, 11/11 of 1/5 balance, Jane Wright, mother and natural guardian of Joseph Wright, grandson, a minor, 1/11 of 1/5 balance, ( 169.01 2132.68 853.08 853.08 853.07 853.07 77.56 77.56 77.55 77.55 77.55 $ 7,1W.,.8o $ 6,975. 79 "-:.' 0 ~ ~ .... ~ ::I z n. .-+ ~ 0 :::;( _... ar c (1) = ::I 3 .... t:Y 0 0 0 -· .... .... .-+ ..... (1) ... 4-1 a 0 . -· -= ..... :::; (1) t = .. . ' ~ ~ ~ ~ ~ r \ r I' -· ) . \ r r r' t • ' Jane Wright, mother and natural guardian of Mark Wright, grandson, a minor, a child of Lee w. Wright, a deceased son, 1/11 of 1/5 balance, Jane Wrigh. t, mottler and natural guardian of Esther Wright granddaughter, a. minor, a child of Lee W. Wright, a deceased son, 1/11 of 1/5 balance, Jane Wright, mother and natural guardian of Cindy Wright, granddaughter, a minor, a child of Lee w •. Wright, a deceased.·son, l/11 of 1/5 bal a'nc e, ;-, · Ja.ne Wright, mother~ and mtur~l 'guardian of John Wright., grandson, a. minor, a child of Lee w. Wright, a deceased son, 1111 :'of. ;t/5 balance, Jane Wright, mother and natural ~'guardian of Danny Wright, grandson, a minor; a child of Lee w. Wright, a deceased son, 1/11 of 1/5 bal- ance, '! Jane Wright, mother and natura.l. guardian of Jimmy Wright grandson, a minor, a child of Lee W. Wright, a deceased son, 1/11 of ,1/5 balance, 77.55 77.55 77.55 77.55 77.55 11.55 No balance •) r ·') '·I I , ~ ' L ~ 0 ~-~ ..... z g' :J n ""'" -!=> e; g :J" 0 CD ~(R11 v-+• ~ ~- a 3 0 0 0 ~· ..... -:I: ..... ~~ ~ .s_ ""'" ; :J" CD t =; N r r4 ~ r ~ . . ·-t:l ~ ~ -· ·. r 'l e c( . z c( > ..I > Ul z z Ill D. i 0 ... 1!1 z x Ul c( ~ ..,: !:! II: ~.l ... Ul Q e ..I c( § Q :I ... :t .. .... t'l oi a: ... ... II: 0 D. Ill II: ... II: :I 0 u ~ ·u ii: IL 0 • e IN THE CO:URT OF .COMMON PLEAS OF WASHINGTON COUNTY~ ·PENNA. IN RE: Estate of . . 'ORPHANS' COURT DIVISION . ( ~ ) ( ) . COLUMBUS WRIGHT~ A/K/A ( No. 1165 of 1969 . COLUMBUS FREDERICK WRIGHT, ) A/K/A C. F. ·wRIGHT,: , ( Deceased. • . BEFORE: APPEARANCES: TIME: THE COURT: ) ( HEARING ON AUDIT THE HONORABLE P. VINCENT MARINO, Judge of the said Court. . . TEMPEST & SIM·MONS, · Esqs., of Monongahela, Pa., representing the Accountant. JOJIN C. ROGERS,· ESQ., of Washington,. Pa., ·· represEntingJosephineM. Wright, widow. Monday, September 13, 1971, at 1:30 o'clock P. M., EDST. Number 1165 of 1969, the estate of Columbus Wright, deceaseq. The ·Administratrix is Doris E. Smith and t"he attorneys are Tempest & Simmons. Mr.· Tempest? MR. TEMPEST: · If the Court please, we have prepared all the necessary papers. in.this estat~. All the debts have been paid, with the exc~ption of the Inheritance Taxes. There is a· question that should be determined by this Court, however. ·The decedent was survived by a wife, who we claim deserted him in 1946, maliciously without cause, and we are claiming a forfeiture. However, Attorney John Rogers present in Court today represents the widow, and vve j i • • 2 respectfully request that the Court set a date for a hearing to deterrrine that particular question. Mr. hogers,is .there anything you would like to· . put in the record at this time? MR. ROGERS: If the Court please, we'd like this set down for hep.ring, of course. THE COURT: Yes, we will do that. Under the statute we· should ~ z ~ .have a hearing and since the widow is represented by counsel, there .I > fll ~ will be no necessity to send out notice of a hearing since we are alr lrl II. i o in Court and can fix a date presently for the hearing. ~-·z ~ MR .. TEMPEST: I'd Like to point out the Administratrix is present ~ ...: u n; .in Court today too, so we can set a date for a hearing . t 0 THE COURT: We will set this hearing for--how does Thursday, .I ~ ~-September 30 strike you men? :J ., ::t 1:: MR. ROGERS: It's convenient with me. til ti ~ THE COURT: · In the afternoon. I have a hearing for the morning. a: 0 ·L ~ At 1:30 P.M. The nature of these hearings is prat.ty well known to ... a: 5 the_ Court and I think that we should be able to easily.complete the u .I ct u ii: II. 0 hearing that afternoon. ·MR. TEMPEST: There is only one issue . THE COURT: So that that will be set for 1:30 P.M. on Thursda, , September 30. Now were there any other issues iln.::that estate, Mr . . Tempest? MR. TEMPEST: No, there ~re not. THE COURT: No claims of any kind? .. • i ··-· • 5 z < > .J > Ill z z Ill IL i MR. TEMPEST: There are no outstanding claims.· The entire esta e ·. is in cash and that's the only question to be adjudicated. '. THE COURT: Very well then. The Court will'close the audit of ·. this estate with the exception of ~he one probl~m that· remains for adj ud ica tion. (AUDIT CLOSED) i_ j. I hereby certily that the proceedings and evidence are 0 . • ~fully and accurately in the notes taken by me on the hearing of the above z . :r Ill ~and that th~s copy is a correct transcript of the same.· ~ iii ... !!! D .J < § D :J ., I: ~ -t'<l ui a: Ill ... a: 0 L Ill a: The foregoing record of the proceedings upon the hearing of ... a: . 8 the above cause is hereby approved and directed to be filed. u .I -< u ii: II. 0 .. 3 ----------------------------------------.----- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNA. ORPHANS' COURT DIVISION IN RE: ( ) Estate of ( ) COLUMBUS WRIGHT, A/K/A ( No. 1165 of 1969 COLUMBUS FREDERICK WRIGHT, ) A/K/A C. F. WRIGHT, ( ) ..: Deceased. ( z <t. ~ HEARING ON AUDIT Ul z z w n. z BEFORE: 0 1-CJ z J: U1 ..: ?: APPEARANCES: ..: u n: 1-Ul 0 ..J ~ TIME: 0 :J .., J: 1-" (II ui THE HONORABLE P. VINCENT MARINO, Judge of the said Court. TEMPEST & SIMMONS. Esqs., of Monongahela, Pa., representing the Accountant. JOHN C. ROGERS, ESQ., of Washington, Pa., representing Josephine M. Wright, widow . Monday, September 13, 1971, at 1:30 o'clock P. M., EDST. ffi THE COURT: Number 1165 of 1969, the estate of Columbus I-n: 0 ~ Wright, deceased. The Administratrix is Doris E. Smith and the ... n: 6 attorneys are Tempest &. Simmons. Mr. Tempest? u ..J ..: u MR. TEMPEST: h: If the Court please, we have prepared all the li. 0 necessary papers in this estate. All the debts have been paid, with the exception of the Inheritance Taxes. There is a question that should be determined by this Court, however. The decedent was survived by a wife, who we claim deserted him in 1946, maliciously without cause, and we are claiming a forfeiture. However, Attorney John Rogers present in Court today represents the widow, and vve 2 respectfully request that the Court set a date for a hearing to deterrrine that particular question. Mr. hogers,is there anything you would like to put in the record at this time? MH. ROGERS: If the Court please, we'd like this set down for hearing, of course. THE COURT: Yes, we will do that. Under the statute we should have a hearing and since the widow is represented by counsel, there will be no necess it:y to send out notice of a hearing since we are all in Court and can fix a date presently for the hearing. MR. TEMPEST: I'd like to point out the Administratrix is present in Court today too, so we can set a date for a hearing. THE COURT: We will set this hearing for--how does Thursday, September 30 strike you men? MR. ROGERS: lt.'s convenient with me. THE COURT: In the afternoon. I have a ~earing for the mornin5. At 1:30 P.M. The nature of these hearings is prei.tJt.\Y well known to the Court and I think that we should be able to easily complete the hearing that afternoon. MR. TEMPEST: There is only one issue. THE COURT: So that that will be set for 1:30 P.M. on Thursda, September 30. Now were there any other issues iiriw-that estate, Mr. Tempest? MR. TEMPEST: No, there are not. THE COURT: No claims of any kind? • 3 ------------~~-----------------------~----~-------------------------------------------~------ ~ z <t > .J >-Ul z z w n. z MR. TEMPEST: There are no outstanding claims. The entire esta e is in cash and that's the only question to be adjudicated. THE COURT: Very well then. The Court will close the audit of this estate with the exception of the one problem that remains for adjudication. (AUDIT CLOSED) I hereby certliy that the proceedings and evidence are containe 0 . ~fully and accurately in the notes taken by me on the hearing of the above e, z x Ul ~and that this copy is a correct transcript of the same. 1-·n: The foregoing record of the proce<tdings upon the hearing of 6 the above cause is hereby approved !3jnd directed to be filed. u .J <( u il: IJ.. 0 I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION ESTATE OF: COLUMBUS F. WRIGHT } ) ) ) NO. 63-69-1165 ) ) BY ADMINISTRATRIX AND NOW, thb pay of February, 1972 upon motion of HORMELL, TEMPEST, SIMMONS, BIGI & MELENYZER, Attorneys for the Administratrix, and the Court being fully aware of all the facts concerning the sale of real estate situate in North and South Franklin Township, Washingten County, Perinsylvania, from Doris E. Smith, Administratrix, to Donald L. Johnson and Patricia Johrison, his wife, (D.B. Vol. 1339, p. 1166), and a sale of real estate situate in South Franklin Township, Washington County, Pennsylvania, to Michael Tarbuck, Jr. and Nellie Tarbuck, his wife, (D. B. Vol. 1339, p. 1012), and the cotirt is also cognizant of the fact that this Estate was audited, the Account of the Administratrix approved, th~t distribtition has been properly made and the inheritance tax paid in full in accordance with the Adjudication and Decree and the Schedule of Distribution dated January 5, 1972. NOW THEREFORE, it is decreed th~t .n.o additional Bond is required regarding the said conveyances and this Order is made effective nunc pro tunc to comply with the Fiduciary's Act of Pennsylvania. J . ' ·- :! z <( > ..I )o !Jl z z Ill 0.. : z ·o 1-IJ z i: "' < 3: ...: u ii: 1-!Jl Q ce ..I < i3 c :I ., X ... " "' ai 0:· Ill 1-a: 0 L Ill' a: 1-a: :I 0 u ..I < 0 ii: II. 0 e IN THE COURT OF COMMON PLEAS OF. WASHINGTON COUNTY~ PENNi . ' . . . . ' " -. ·. ~-' . ... ~ ,. ~-. . ~ .. •r · .. .t ORPHANS' COURT DIVISION· ·' IN RE: . ) . ~ . ' ) .: ,·, 'ESTATE OF.. )) . ) COL UlVlBUS WRIGHT_, a/k/a .) No. 1165of1969 . ' ) COL UlVIBUS FREDERICK WRIGHT, a/k/a: .) . ) C. F. WRIGHT~ ) ) Deceased. ) HEARING ON CLAIM OF FORFEITURE . BEFORE: APPEARANCES: '' TIME: • THE HONORABLE P. VINCENT MARINO~ Judge of the said Court. HORlVlELL, TElViPEST, SIMMONS~ BIGI & lVlELENYZER. ESQS., of Washington. Pa .• by CLYDE G. TEMPEST, representing Doris E. Smith, Administratrix. JOHN C. ROGERS, ESQ •• of Washin-gton, P< . , representing Josephine M. Wright, widow. Thursday, September 30, 1971, at 1:30 _o'clcck P.M., EDST. I N D E X . - WITNESS ' Direct Cross :Redirect Recro~ s •. - DORIS E. SMITH ·5 14· ·. ' ~ ANNA M. WRIGHT 18 26 30 31 e JAMES FRANCIS WRIGHT ' 32 34 ' :3 As On z <( •. -Cross > ..1 ' ' > ' - Ul . z . z JOSEPHINE -lVl. WRIGHT 36 Ill n. 47 i ' 0 . 51 .. ... Cl z :r DORIS E. SMITH Cross Ul <( \. •. ~ {Recalled) 56 57 ,-, ·. ~ !:! ~ a: ANNA IVI. WRIGHT ... Ul . {Recalled) Q . 58 e ..1 . <( . 0 •, 0 NANCY E. HUFF 60· 62 :I .., • :t GEORGETTA GARY SIMPSON t: 65 73 (II ui a: JOSEPHINE lV1, WRIGHT Ill •. ... (Recailed) a: 7@ 79 79 80 0 II. Ill a: ... a: :I. o· u ..1 < u iL II. 0 .. e . . . •. e :!: z « > ..1 > U) z z Ill Q. i 0 ... 0 z i U) « 3: ..: u a: ... U) Q e ..1 « ~ Q :I ., :1: ... .... (II ui a: Ill ... a: 0· L Ill a: ... a: :I 0 u ..1 « i3 ii: .... 0 - THE COURT: Mr. Tempest? ·MR. TE-MPEST: If the Court please~ this is the time set for a hearing in the matter of the estate of Columbus F. Wright, also . known.as Columb~s Frederick Wright. This estate has been audited· ~nd Attorn~y Rogers has taken exceptions to s om_e. of. th~ allegatio~s > . } -contained in our Audit Petition .. Namely, that there had been a forfeiture of the wtdow's right to. share in: the deceased husband's estate. Am I correct, Mr.' Rogers? MR. ROGERS: That is correct. lVIR. TEMPEST: Previous to this h~aring, Mr. Rogers approac !led me and suggested that possibly the're are some matters that we coulci stipulate to. Jf Mr. Rogers would care to present those, I guess we could may?e agree to some of the matters· that may be pertinent . in this matter. THE COURT: Very well. MR. ROGERS: If the Court ple~~e, could the record show it's been E?tipulated by and between counsel that Josephine' Wright and Columbu~ Wright, Mrs. Wright was the·n Jos~phine Fenwick, were married in. this cou ':lty April 28, 1932. ·And that following the marria ~e they resided in this county, R. D. #6, Washington, Pennsylvania, South Fran~lin To~nship, and resided there for some period of time as husband and wife. And that that was the last marital domicile or residence-:...- MR. TEMPEST: No, I disagree with that, Your Honor. R. D. .... - :J < z ~ ..I >-(1) .• #6,is not proper. I don't believe that's the his't residence they reside ., as husband and wife·. If that is in· Nortli Strabane 'Township, that could . "' ~ ~ ... . be proper, ·but I' rri. not ;:>ure. MR;· ROGERS: · ··-We will-delete .that from the stipulation. They were married Ap~il 28, 1932 in Washington County_ and that. the mar . was dissolved by the d:ath of Columbus W~ight. I don't have the dat of death. '. "·. ~-'~ -• ' ..,\ _Z -~ MR. TEMPEST: .I ~ill stipulate they were married at the time ' .• w J ' -~ 11., z -0 ... " z Mr. Wright passed away,· yes. -.· i '(I) oc( .3= THE COURT: -('". And.willyou stipulate as to·any children that ~ ~, ' -~ ~ .· ..: -u were born of this union? . . ii1 ... !!! a MR. TEMP-EST: ..I < ij ii THE COURT: j .,. :r ~ MR. TEMPEST: ui Yes, I will:stipu~ate as to.those.· How map.y children ? . There was one child. born of this marriage, a: Ill ~ and that child is the young lady who is present in Court today. 0 L ~ MR. ROGERS: I-ll: • :I · 8 THE-'~OURT: ·..I· < · ~ · testimony. oiL 0 Her name is Nancy, now Mrs. Huff. Very well. You may proceed with your 4 MR. TEMPEST: One other thing. _Mr. Rogers1 would you stip late that a Complaint in Divorce was filed in this county at Number _134 November Term, 1968? MR. 'ROGERS: A Complaint only. MR. TEMPEST: A Complaint and no Answer. A Complaint wa . < -~ filed. •' ' - .-------------~------------------- e ~ z ~ > ..1 >-' Ul z z Ill II. -i 0 1- C) z i Ul ~ :: •. ...: u it 1-Ul Q e ..1 ~ § Q :::J ., :t l-" (II ui a: Ill 1-a: 0 ' II. Ill a: 1-a: :::J 0 u- ..1 ~ 0 ii: IL 0 ·- . e ,, . Doris Smith 5 MR. ROGERS: And there was no proceeding further other thai ' the filingof this Complaint. The record in the Prothonotary's Office I will show the filing of the Complaint only.. That divorce action was . filed·-'--- MR. TEMPEST: It's dated November 18, 1968. . . _MR. ROGERS: I do have the number. Number 134 November Term, 1968. I believe that is correct . MR. TEMPEST: The grounds alleged was desertion. on August 16. 1946. THE COURT: All right. The 'Court will approve the stipulati 'tl· You may proceed with your ·testimony. Mr. Tempest. MR. TEMPEST: I'd like to' call the Administratrix of the estate of Columbus F. Wright, Mrs. Doris Smith. DORIS E. SMITH IS CALLED AND SWORN .. DIRECT EXAMINATION BY MR. TEMPEST:, .... . . Q Will you. state your full name please? -' . ~ . A Doris Smith. Q ~-iere do'you reside, Mrs. Smith? A R. D. #4, McDonald, Pa. Q That is in Was_h ington County? A Washington Cou9-~Y~ .. ,-----------..----------------------- Q A Q· ,, ·-A Q ~ z < > ..1 > U) z z A Ill D. i 0 Q 1-C) z :I A U) < 3: ..: u ii: 1-U) Q .Q e. ..1 ~ '2 Q A -:J ., :r .. Q .... l'l ui a: A Ill 1-a: 0 D. Ill Q a: 1-a: :J 0 A· u ..1 < . u· Q iL ... 0 A. --Q A Q A Q '· Doris Smith . 6 Were you relate? to the decedent, Columbus F;·. Wright? ·- X'es,· sir,. his daughter. ' . ._~, Werfl you i-elated in. any way to Mi:_. Wright~s vyife at the time of his decease? Just a stepdaughter. . . •. . ; ~-,.,. On or about August 16, 1946, do you.'know wher~ your'.father, Colu bus F. Wright, was residing 7 . ~ -~ In 14 6? On Au.gust 16, 1946. At that time I. think he was residi'ng with ·my aunt and ·uncle in 146. .. . ' ~ ' .. .,· ~ ...... ' . No,· wa'it: Let me think .. No, he was at R. D. #B, W~shingt~n: Pa . And do you know who he was restding with? As far as I know, with hi.s wife. What was her name? - Mrs. Josephine Wright; Is ~·he present ·here today? Yes, she is. After August 16, :1946, doyou knqw where your father resided? Yes. . . ·~ . . .. ·. Where was that? . ; He resided with my. aunt and uncle for ~rofew years. ·.What were_ their names? Mr. and Mrs. James F. ~right. Did he reside with ,his wife,· Jose'phine. Wright, at that time? ·-' .--------------,~----------- e. I le .. :5 z oet• > .J > en z z Ill II. i 0 .... ~ z % en <( 3: ..: ~ 0: ... en a .J <( 0 a :::> ., l: .. " "' ui a: Ill ... 0: 0 II. Ill 0: ... 0: :::> 0 0 .J <( 0 ii: II. 0 Doris Smith A No1 he did not. tf -· .... Q ."Did he reside with her at any time after Atigu.s't-_16,,. 1946? A No, sir, he did not. . . . ' . Q Do you know of your own personal knowledge·who owned the resideric = ' . "in which your fat her and your stepmother resided immediately prio: A My father owned it'. , ., Q Was that real estate a part of the estate of your deceased father? A Yes, sir . Q In what capacity did you serve the estate? A Administrator. Q Administratrix. .• A Right.· Q And as such' Administratrix, did you pay all the bills of the decedent~ A I paid all that were outstanding and everything, and I~ve turned in everything that I· have paid. •Q Did anyone contribute to the payment of any of those bills? A Q. More specifically, did Mrs. Josephine Wright contr~bute? A Q Did you have occasion to visit with your father after August 16, 146? A Yes1 sir. Q And could :you te'n the Court approximately how oftep. you visited "witl: your father? 7 •. '. '-., Doris Smith A Sometimes I'd see him once a week; s·ometimes once a month or ~ z < > ..1 > Ul z A ~ Q i g C) z :E j A .. ·sometimes he'd come and .. stay ~ith me for a week .or two weeks at a .. • ,~· ". time. Where did you reside. at that time? : · . .. At first it was 1213 Arbor Street,· Pittsburgh; Pa. And we later moved to McDoriald1 R. D: #4~' ·and he visited me many times there, ' both places. . . During that time arid· up to. the time that he died, .did M:Bs::.p;~os\~phine Wright visit your father or yourself? No, sir. .t 8 ,.: ~ Q Do you know whether or'not your deceased father visited' Mrs. Josep ~ine .. Ul Q ..1 < u g A ... J: .. ~ 'Q ui a: Ill .. a: 0 IL ~ A .. a: !I 8 Q ..1 < ·u A .. iL ... 0 Wright at any time after that? Yes, he did. ' :And could_ you tell the Co~rt some of the events tl:~at led. up· to that or events that you know caused that ·visitation? Well, .she was sick in the hospital_. . ' Where was she sick? Lowe~l, Massachusetts. And my father we,nt up there with the intentipns of seeing her and see if he cot.ld help 'her in any way. And when he gpt . ·-~up there he was refused to see her. They wouldn't let him see h.er at all. Q ·Did he then return to Washington County? . A He returned to Washington County. ' Q Do you know wnen that was1 the app-r:oxim ate year? A No# i don't,· to tell yciu th'e truth~ I don't kn.ow approximately what ·. Doris Smith year it was. Q Immedi~tely. after August 16, 1946, do you kno~ where Mrs. Joseph)1e Wright resided? A Noj sir; I do not. A z ~ Q > ·Ill z ~ A D. z 0 1-Cl z i Ill C( ;: ~ Q 0:: 1-lll 0 .J C( 2 0 ::J ., :I Do you kno~ :~.;vhether or not it was in Washipgtori· County? I couldn't say, sir. Has she in ~ny way corresponded with you up to the present time? MH.· ROGERS: I'm sorry, I didn't hear that question. Has she corresponded with Mrs. Smith, the Administratrix, up to the present time'? Did you have any conversation with her after you In father died? ~ A The day of the funeral, that's all. ui a: ~ Q a: 0 D. Ill 0:: .. 0:: ::J 8 A .J o( u Q ii: II. 0 A Q A Q ' Did that conversation have anything to do with the matter~ brou.ght bef?re this Court today? No, sir, not today . . It had. nothing to do with the di. stribution of the estate and soforth? No~ sir. Did you have occasion to vis it with ,your father and his wife, Mrs. Josephine Wright,· prior to August 16, 146, being the date that is alleged here as the date of separation? Yes. How often did you visit with the famiiy? 9 Doris Smith A I visited one time between 1940 and 1946. Q ·Were you marri~d during 'this time? A Yes, sir. Q . ~ .. As I understand it, your visits"-were not.too frequent after 1940. Is that correct? No. sir. ·· .··Did your J:l~a.ther visit· you ?udng t~at ~~r~od of time? . . , One time. Testifying from your personai k~owledge a:nd o.bs ervation, do you knc!w of any reason why: Mrs .. Josephine Wright left your father's home? 10 MR. ROGERS: Just a mom.ent. She has1 1t testified yet---there 1s been no evidence -that Mrs. Josephine Wright did depart the marital residence and domicile. THE COURT: The objection is sustainEd .. Do you know whether or not from your own personal knowledge wheth~r or riot Mrs. Josephine Wright did leave the home of your father? . '• . . .•. Yes, she did. ~ Were they residing in your fat~er 1 s home at that time? Yes, sir. And on what date was that? August. 1946. Now in your·personal knowledge, do you know of any reason why she left at that time? I e I . Doris Smith · 11 A. No~ sir, I don't. I mean she had left before and come back and left. And \Yhat their·tro.ubles was, I don't know. Q Of your own·p~rs<;mal-knowledge. prior to this date, had there been separations? .A Yes. < Q z Do you know which pa;rty, your father or your stepmother would lea\ e? < ~ A >-Ul z ~ Q IL i She would leave •. · .. ' . Did your father ·continuously. reside "1n his home?. ~ .A y . 0 es, s1r. z . x ~ Q Testifying from your knowledge, do "you kpow. whether or not your fa her 3:: t ~ !!! c A .J < u g Q ., :1: 5 A ui II: ~ Q II: 0 D. ~ I-ll: :I 8 A .J < u ii:.Q IL 0 A . ever paid support to Mrs. Josephine Margaret Wright? No, sir1 .I don't .. · You don't know? . No, I don't think he did. According to the estate papers filed by you~ how many.children did your father have? Five children . Am I correct that assu'ming then that if one child was born to Joseph ne Wright, that the other four ochildren were born to your father's pref.rious wife. That's right.. Q That would be your mother. A That would be my mother. Q How was that marriage terminated? ~--------.-.---------------- Doris Smith 1 2 A My J:I?Other died. .. ... ' Q The daughter that was born: to. Mr.~?· Josephine Wright, what is her nc me? . • I" • A N~ncy ~ileep. Huff. Q •,, Do yo~ know when she was born1 what, year? e A I think it was November, 141. I'm not positive .. Or 142. :5 Q I z ot Is she present here today? > A .J > Yes, she is . (I) z z Q Ill D. Do you know' where she resides? i 0 A ... ~ In Beaver, Pa • z i (I) Q ot . ~ You had three brothers too, is that correct? ~ .,:- A u ·« Yes, sir. ... (I) Q Q e .J < § Are they aU living today'? Q A :I No. I have one brother that's deceased. "I X 1-· ~Q What is his name ? ui 0: ~-A 0: Lee 'Wilson Wright. 0 I. Ill Q 0: ... And your other two brothers,\where do they reside and what are their a: :I 0 u names? .J < u· ii: A II. The oldest one is JohD; Wright, .and. he resides in Bound Brook, New 0 Jersey. And the other one is Harold· Wright,_ and. he .resides in Baltinore. e· Maryland. # Q DO you know where your father was employed du.ring the time he r~s ·~ed with Mrs . Jose phine Wright ? A Well,· he was employed at the Washington Tin Plate. Then he workec at Hazel Atlas. And then ·he worked at the glass company down on naris ~mith 13 Jefferson Avenue,. DuJ:?.can Miller . . Q A glass· company? A YeL . Q rio you know wfiether or. not_ he was continuo~sly employ~d an during . ,the time that they resided .together as man and wife? . To my knowledge, as far as I can remember he always worked. Unless he was laid off or something like that . ,. Do you recall when your father and his pres.ent wife were married? I was only six ye!lrs old at· ~he time, bu~ I can remember when they got married. Who .did you reside with at that time? r resided with my _father. And after the marriage do you remember .where you lived? R. D. #6, Washington, Pa. Was that with your father and your stepmother? Yes, sir. In whose home was that? .. In my father's home.' During that time that you resided in their. home, do you recall what ,. the relationship between your father and your stepmother was? Just like 'any other married couple, I guess. I mean I was young. Haveyou been presented with any claim as the A.dministratrix of this estate from Mrs. Josephine Wright? A ~. No, sir. .. ,• ~ z <( > .J >-Ul z z Ill D. i 0 1-Cl z x Ul <( 3: ..: 2 0:: ... Ul 0 .J < § 0 :::l ., X ... " N ui 0:: Ill 1-0:: 0 L Ill 0:: ... 0:: :::l 0 u .J <( u ii: 1&. 0 .e I~ Doris Smith Q Prior to the audit or up to the present time? A No,_ ·sir, I haven 1t. Q You may cross examin.e, Mr. Roge~s. " . ., CROSS EXAMINATION BY MR. ROGERS: Q Mrs. S~i.th, ;vhen we~e you born? A December 9, 1926. .· 14 Q So in 1946. you t.estified t'o a.date, August 16, 1946, you were approx mately 20 years of age.· I.s that correct? A Yes. Q You were then.20 years of age. That was some 25 years ago. A That's right. Q Where were you then residing? A I was residing at .1213 Arbor Street. Q In the City of Washington? A No; Pittsburgh. Q You were then married? A Yes. ,, Q And how long had you been residing at that addr~ss in 1946? A l' d say two years . ., . Q During that peri~:ra of two years, did you visit your father in his homE here in Washington? · A No, sir, I did not. Doris Smith .15 Q How many occasions would you recoli'ect you might ~a':e seen your . . father during tl;at pe:hod of"tin)e? A During that period. of time within the two--- Q During tha~ period of time that you were living in Pitf~burgh from . . ·. e 1944 until 1946, August. ~ A My father came to see me a couple times. z .< > .J > Q I thought you said that he did ·no.t con:ie to visit you .. Ul z z Ill A In 146? ll. i 0 1-1!1 Q He did visit you in Pittsbur~h you say? z i Ul < :s: A Yes, he did. ...: u ~ Q On several occasions? "I-Ul a .J A Yes, he did • < 0 0 :J ~ And you testified if I understood you correctly, that Mrs. Wright lef ., X ... .... N the house down here outside of Washington, August 16, 1946. Why ai .· a: ld 1-a: d~ you remember the date August 16, 1946? How can you? That's 0 ll. Ill a: some 25 years ago; 1-a: :J •. 0 u A I can remember when I was a child. I mean that's t.he day that she .J :! u ii: II. left .h~m, August,· 146. · 0 Q Did Y,OU write that date down? A No. Q But you simply remembered that date, August 16, 194 6. Is that righ ? A I guess so. Because my brother moved in right after that. Q Well, has anyone recently suggested to you that it was August 16, H46 ? A Lsaid in August. I didn't state.definitely August 16. . e ' - Doris Smith Q· "I think you said A_~_gust 16, }946, ~ z <( > .I >-fJ) z z bl .. IL i e (!) z x fJ) <( A Q ~ Q ~ ~ !:! 0:: 1-fJ) 0 ai. 0:: Ill 1-0:: o. -II. bl 0:: .•. 1-0:: ::l 0 u .I <( ' ~· ' 0~ ii: II. 0 A -.. I don't think Idid. sir. 1 said August~ •46. t didn't say August 16. "' .. I wonder iLwe could read back her answer to the question as to. when ~ - "" ' -· Mrs. Wr.ight left the house down here . lVIR. TEMPEST: I have been using that da e . . . because it was alleged i~ the ·complaint. But I have been using this date . (At the directio~ of the Court, off-the-record disc~ssion was not recordec;l by the stenographer). -•, .. How do you happen-to. know. that you:r fathe.r paid a visit to Mrs. Wri~ ht ~· I.' •- in the hospital up in Massachusetts? ' ' Because my father·told me. . . . ~ I would.suggest, Your Honor, that this part of Mrs. Smith's testimory be stricken from the record as not admissable;! as based on hearsay. And unless M;rs. Wright was present duri~g-this conversation, it . would not be admissable. THE COURT: We wilf not strike it· at the present time,· but we w_ill take the matter .under consideration when we consider all of our testimony. the direct testimony as well as the c'ross examinatiop. And· how doyou know that your father was refused permission to see ·Mrs. Wright? On his word. 16 .e <( z <( > .J > Ul z z Ill D. i 0 ... 1:!1· z i Ul <( ·:: ...: u ii: ... Ul 0 .J <l. ~ 0 :J .., J: 1-" N ui a: Ill ... 0: 0 D. Ill 0: ... 0: :J 0 u .J <( .. 0 ii: ... .• o· ' Doris Smith 17 MR. ·TEMPEST: There again I would ask ' that _this part of the-testimony .be stricken from the rP.cord. ~--, . THE COURT:'. The same ruling will be made as to that. We.can save a lot of time if w~ ... (simply ask ?er1 were you up in Massachusetts when ... ~ . ·~ this. ?Cc:t.n:'red. · -r Q · Mrs. 1,Smtgh~, you have state.d that Mrs. Wright)eft this house in. ,August of 194G. Isn't it~ fa'ct that. Mr. Wright" left this house before Mrs .. Wrigh~ d!=parted.? ·• A No, sir. •. Q You say that ar'ter ·August ·16, 146 tl)at yo.ur father. ~ived with ¥aui?;:br::Ot:h:er . A For .awhile,. yes. sir .. Q Did you ·s"ay for ap'proximat.ely two· years i · . . . A And who, followipg this date, whatever it is·, in August of 1946, who resided in this house? A My brother, the one tha't's deceas.ed: Q Whose name'is, Leo? • .. . . . A Lee Wright. Pl~s my fatheralso·had a little place right there too .. . . . He liveq there too after the five years. Q But from August of 1946 on, for some period ofyears, your father . did not reside in this house. A For five years .. · .... . · Q Do you know of ·any reason why your father left this .house? Doris Smith A He gave it to my 'son, to Il?Y brother to take care of. Q To hl.s .. son you mean. . A Yes.;.- Q I believe that's all at 'the moment, Your Honor. THE COURT: M.ou are. excused. (Witness excused) • . . . ANNA M. WRIGHT IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. TEMPEST: Q Will you giveyour full name.please? A ALlna M. Wright. Q What is your husband's name? A James F. Q How is James F. Wright related to Columbus F·. Wright? A Brother. Q The decedent then was your -brother-in-law, is that correct? A That's right. Q Do you know Josephine Margaret Wright? A ~~ter they were married, 'yes. Q Do you remember _when they were married? A April 28, 1932. Q How doyou remen::ber. that date, M-a'am? ·18 AnnR Wricrht 19 A I just remem.ber when they were married. ' ·. Q Wh~re do you .reside? "A· Washington, R:·D. #6. Q Now this R. D. #6 has been mentioned before. Is this close to the residence' or near the residence of Columbus F. Wright? "A Yes~ ::!: z < > Q Is this EJ.ear the home where Josephine Wright and .columbus F. Wrigpt ¢ (I) z z resided as nian and:wife? Ill II. i 0 1- ., . . A Yes, it's close •. I don't know, prob9-bly a city block it would be. To C) z i (I) us, we just call~it four or five houses. < ~ .,: u Q And during what years did you live ~t R. D. #6 in this home that II! "'" (I) c was, say, a block or so away from Mr. Wright's home? ·e .J < 0 c A Let's see, I' moved there in 1926. :J ., l: 1-" Q And how long did you continue to live there? N ai II: Ill A We lived thereff:r:om'Lc6 until 141. And then we moved then to where 1-II! 0 II. Ill we live now. II! 1-II! :J 0 u I Q Where do you live now? .Je < 0 ii: A It's on R. D. #6,. but it's just two or three doors away. We live in tte b. 0 home place now, the Wright hom~ place. e '" Q Well, the place you moved to in 1941, how far "was that from the residence of l'\lfr. and Mrs. Wrigpt? A About two doors. Q You moved actually closer then to .their home·. A No, further towards town, further away. Anna Wright 20 Q · ·How many blo<;~s would th,at be? ' A · ·Still jus't be about ·a city block. Q ·Did· you .have occasion to 'v:lsit Mr. and Mrs .. Wright during the time they lived tog·~ther as inan and wife? I have been there. I've been, there several times .. ~ . Ab_out how often would· you visit. them? I wouldn't want to say how often, but then we've ,visited. po you know of your own personal knowledge whether or riot these parties separated? Yes. Do'you remember the 'date·? Yes. What date was it? It was August 16 1 1946. Can you ·tell the Court how you remember that specific elate? You get anything iJ:?-your head, you don't forge.t it. And I didn't have it wrote down. Do· you remember that specific date?· I do. Do you know who left the household on that occasion and on that date She moved out • . Doyou remember seeing her move? Yes. Could you tell us briefly when she moved what_she too!<: with her? Anna Wright 21 A . Well, s}1e took everything but the bedroom suite and a refrigerator. Q Was Mr. Wright pr~sent at that time? A Not when she moved. Q Was that his residence at that time? A Yes, sir. ~ Q When did he return at that time when-she moved? z <( > .J A I could9-'t tell you the specific time ~hat-he returned. I couldn't give )o (II z z Ill II. youd-- i 0 ... IJ Q Was it in hours, da:Ys or what? z r Ul <( ~ A Oh,. yeah. He went·back there, gee, I don't know, I don't .temember .,: u iii ··just ·when he came back. ... (II a :.J Q Did he continue to reside there after he returned? ~ u ·a :J A Yes, he did. Now wait, let's clear this up now. He resided there, "' ::c "' " tt then he came to our place. And he was there for about five years. 1ft a: ld ... a: ·Q And who lived in his home then? . r 0 L Ill a: ... A Lee Wilson. Lee ~ilson Wright:> That's his son. a: :J 0 ' IJ Q Now since that dat_e in August of 146, did Mrs; Josephine Wright rett rn .J <( 0 ii: to either visit or return to this area to live? ... 0 A She had b~en at. mj' place; but as .far as I know, she hadn!t been up tc his place. But she had been to my place. Q How many times? A I don't know. I can recall, I think about three times I think she was here. Q Did you discuss Mr. Wright. on any of her visits with ;YOU? A No, sir. There was never nothing said about him. r---------------rr----------------------------------------------------------- . ·Anna Wright 22 Q .. Was agything discussed as to why she left? A No. Q Was. anything discussed as to Mr. Wright's behavior? A No, sir. She never asked .. e.· ' Q' Was there a domestic' problem, if any, discussed with you at .all? I '!A z No, sir~ <· >' I ~.Q !II N<?w ?uring your visits to their home when they lived together as man z· z Ill D. . and wife, were you aware of any d?mestic problems? i ·O ~A No, I 'was not .. ~-. z rQ ~ . Were you. able to ob.serve any problems that they may have had? .,: 0 A .. 0.: \ . I· never seen any of them. I never seen, if they had any domes tic ... !!! . D e ..1 < Q D Q :J ., troubles, they kept them to themselves. They never said nothing ton e . ~ . • I On your visits did you observe their conduct with each other? . ' ~-" A Cll ui Nothing more th;an just maybe joking or acting a fool or something 0: Ill ... 0: like that. But as far as having trouble or anything, I' never seen any ~f it . 0 .L ... Ill 0: Q ... Did .they vis it with you in your home too? 0: :J· 0 0 A ..1 Oh, _yes. <(. 0 iL Q ... 0 Did ~hey visit together? A . Well, Yeah, tney'd be there different times. A lot of times Jo woulc e run into my place .and talk. And often times, maybe she would be going to the store o.r something, I'd ask her to brin'g me maybe a loaf of bread or something. Q You were good neighbors then? A That's right. We never had no trouble. Anna Wright 23 Q And you we;re not aware of any trouble if there was some? Q You testified that she'did leave in Au.gust of 146 and you were specifi~ as to the date. Prior to that date, was there any other separations? . . e A Oh, ·yes. She'd left him several times. But I couldn't tell you just ~ ·exactly how many times, but she'd left him. But she came back .. z < > .J > Q When she did return on those other occasions. they resumed their Ill z z !AI II. marital relatio'nship. is 'that correct? i 0 ... I) A That's rigpt. . z x Ill .. c( ·~ Q I unders~and that they did have one daughter of this marriage. -~ u ii1 A ·That's right.. .. Ill c e .J < u· Q Born during this marria·ge? c :::l A That's right. "'I :t 1:: "' Q Do you recall when she was born? ui 0: Ill .. 0: A Well, I'm not exactly sure if it was November or Jn October.· But 0 L Ill 0: .. I was thinking all the time her birthdate was the second of November 0: :::l 0 u in '42. But I e·q~u·1dn't swear to that because I'm not sure. .J c( i3 ii: 1&. Q You seem to be pretty good with dates. Do you remember dates pret y 0 readily? .· e A (No res pons e). Q Do you know whether or not prior to this''separation you have testifiEd to ,whether or not Mr. /Columbus ~right was employed? A Yeah. Q Regularly employed? ,---------------n---------------------------~--------------------------- Anna Wri2'ht 24 A Yes. He was employed at the tin plate, then he was employed at the -- down ·on South Main Stre.et there, we always called itt Number One. And he was e~ployed at Duncan Miller. Then after that, of course, Jo and him wasn't living together .. He was employed at Tiffin, Ohio, the glass factory. And shortly after '46 now 1 he was employed at thE ~ Jessop for approximately two years, something like that. z ¢ > .J )o Q Did he ever miss any work for illness or any other reason? (I) z z ill II. A No. i 0 1-" z Q During your vi.s i'ts to his home, was his home adequately furnished? x (I) ·~ A It was; itwas clean too. .,.: !:! 0: Q How would you das sify him as a provider? 1-(I) Q .J As far as I know 1 he was a good provider . ¢ u Q ::> ':' Q Mrs. Josephine Wright never complained t?you or spoke toyou about I: j:; N .. not being proyided for? ui •' o:. Ill .. 0: A Not 'to me she didn't. She never said anything to me. 0 L ill 0: .. Q Did she appear to be well provided for? t 0: ::> 0 u A As far as I know. .J ¢ u ii: ... Q Clothing and soforth? 0 A Yes. Because Jo made a lot of her own clothes and she always had plenty of clothes.· Q · She would make her own? A She made her own clothes. Q Was she employed? A No. Anna Wright 25 Q From your ·observa:tions,. Mrs. Wright, and from what you could see. and obs.erv~ pe::rsonally, was there'. any reason-that y~u· could determ. e ·why she left the home? A I didn't know.":! 'didn't know of a~y.reason. e Q That's from your own observation·. . .. ~ A !hat's from my own, yes. 'Because I didn't know. z <( ~ Q >-• Cll .¥ • ~ J . All right. Now you said after she had left Mr. Wright resided with _. ·z z Ill II. you for approximately five years·. i 0 A 1-Cl Yes. z x !II Q <( 3:: And during that time,· how· did Mr. Wright conduct himself? .,: 0 A iii ~e· was all right as ·long as he was with'us. 1-!II Q Q ·~ .was he em ploY,ed? § Q A :J Yes. ., I: .. .... Q Ill Of your own personal knowledge, do you know whether or not he eve ui a: ' Ill 1-0: visited with Mrs. Wright? 0 II. Ill A 0: 1- Not that I know of. Only the time that he told me he went to Lowell. 0: :J 0 Q o . Of..yourown personal knowl~dge, do you know whether he has? .J <( 0 A ii: I don't know. ... -. 0 Q · Of your own personal know'ledge, do you kriow where Mrs. :Wright resided after August of '46? A No. Q Do you know whether or not it was in the immediate vicinity? A I don't know. · Q Did you ever see her? Anna Wri2'ht 26 A Oh, I had seen Jo. She'd been to my place. Q '· After their ~eparations,:·.how many times did she visit you? . ~ . A -Oh, approximately three or four times. Q What was the most recent vi.sit; m.onths, years ago or----? A It hasn't been ye~rs ago because Nancy's little girl, I think, was aro nd :5 3:bout two or three years old. And how grown she is now. you could z <1: > .J > figure by that : . ' Ul z z :Q . Ill II. It would be. 20 years • i 0 A ... Cl .• Oh, ·no, no, nq, it hasn't been. I don't think it hasn't been two ·years z i Ul Q < ~ After· Mr. Wright _passed away, hav~you had occasion to talk with t-= !:! 0:: . Mrs. Josephine Wright? · .. ... Ul Q ·A .J Nothi~g, only last week one day she called one evening. <1: ~ Q Q ::> Did she call relative to the proceedings here? .., :t ... " A (II She wanted to meet m~ today around i2:30 but) didn't make it. ui a: ld Q ... 0:: She wanted to meet you today, is that it? 0 II. .... A 0:: ... ,That's right. 0:: ::> 0· Q 0 Did she state toyou what the purpose of the meeting was? ~- 0 A ii: 1&. No, she didn't. 0 Q Did she say who would be present at that meeting? A No. Q You may cross examine. .--------------.-.-----------~~-----~-~-----~------- •· ,. Anna Wright CROSS EXAMINATION BY MR. ROGERS:· Q . . Isn't it a·fact that Mrs. Yyright told you that her lawyer wanted to spEak A c( z ~·A· ~ . ~ Ul z· • ~ Q 0.. i ~ .Cl z i ~ A ~·· ': with you?. No. ~ ' : Mrs. Wrigh~. what date of the' week «itid August 16~ 1946 fall on? What day o'f the v/eek did that' fall on? I couldn't.tell you what day it' was. \ . . ' Now you·sfated that prior to August 16, 1946, Mrs. Wright left the. home down in R.· D. #6, is that correct, on several occasions? She had left several tfmes. '. ~ 0 it Q . Wliaf were· flie dates of these departures? 1-Ul Q .J c( § Q :I ., l: .... "' N ui a: Ill 1-0: 0 0.. Ill ·a: 1-0: A Q I couldn't tell you what.dates they were. " .. All right.· Y."ou can still remember this last separation, August 16; .,. 1946,?- A I can remember that. .. Q Now you say that you remember that M:rs. Wright packed up and tool 27 :I· 0 0 most of the furniture out of this house ~n August 16, 1946, is that c< rrect? '.J c( u ii: A Yes. II. 0 Q And 'that Mr. Wright was then not present .. .A He wasn't there at the time; no: Q Isn't it a· fact that he was t'hen living' down in West Virginia; ."perhaps . . . '. Ohio? A Then? Well, I did not know about that.- ' Q ,· He. was not living at the house on :A~gust 16, 1946, was he? e ~ e Anna Wright 28 A I did not know he was living in Ohio or West Virginia. · .,. "" ' . Q You did know that. he was not living in th.e house. down there on -· . August 161 1946,. don't you? A ·He was as far as I know; that was still his home. Q But he was not living·there at that time. A . He was married; that was his home. ~ z < > .J Q We understand that. We understand that he owns it. But you well > en z z Ill .. know that he was not l~ving there on this particular date1 August 16, II. i 0 ... 1946o "" z x en < A 'I did not say that he wasn't living there. ~ ..,: !:! . . Q As a matter of fact, he was not living there on that date o II: .... en c A H.e was. That was his home there; That was his home in August of 1946. .J < 0 c :::> Q And you don't remember when he returned? ., :t 1-" til A It was either that evening or in the night sometime. ui ~-Q But yet he did not ·live there; his son moved in. Is that correct? II: 0 II. ~.A. His son moved there, yesr.. ... II: :::> 8 Q Immediately? .J < ~ A And he fixed up what he called a shanty o -It was a garage and he fixed II. 0 a one-room place.there. And he lat.er moved in there: Q In other words, the s<:m and li.i~. family moved iri right away. A Yes. Q They had made prior arrangements, had they not? A I couldn't prove that. I don't know. Q Now you say that he was a good husband, well behaved and ·soforth. '( .. .. ' Anna Wri!Iht 29 Isn't it a fact that it was common knowledge down in your community ... that he was a heavy drinker ? MR. TEMPEST: I will object to this unle~ s he lays a proper foundation for any such question as that. If he has witnesses to that effe'ct, I want ther~ produced. THE COURT: .. The objection is overrult=>d. We will expect corroborating testimony~ and of cour e, it will weaken this witness 1s testimony if it is not produced. We will permit her to answer the questio if she knows. What was the question, Mrs. Hammor d? (Ste~10grapher reads back the last questi.on): "Now you sa; that-he was _a good husband~ wei! behaved and soforth. Isn't it a fact that it was common knowledge down in yo~r community that he was ·a heavy drinker? 11 .. ' He drank. He drank the same as any other man. And you know of your personal knowledge that this was a fact? . Well~ s !ir.., I know he drank. And Mrs. Wright complained of his drin_king habits, did she not? If she did she kep,t that to herself becau~e she did not say nothing to tne. For the moment that will be all, Your Honor. MR. TEMPEST: !have a few questions. Anna Wright 30 REDIRECT EXAMINATIO.\T. BY MR.-TEMPEST: Q Do you know of any periods of time that he didn't drink? A Well. siir·~ _ I know around about 14. 15 years he never took a drink. Q flow do you know that ? A I seen him about everyday. Q Had he been drinking? .. A No, sir. Q Did you ever·discuss this with other people about his drinking? Did you ever talk to any neighbors or anyone else? Did anyone else ever cbmplciin to you about his dr:inking? A His drinking was really nothing to me. Q Did he ever drink when he ·st~yed with you for five years? .-. .. ·' '-' A He did. He drank when he was at our place. Q Did he ever get what we might term drunk, fall down and soforth? A 1 nev~r seen him f~ll down. no. Q Did you ever see him staggering to such 'an extent you can say he was a drunk or he was an alcoholic? A Well, I can't deny that I didn't see him stagger,. but as far as falling and that, the closest I've ever seeri him fall was to a chair and go to ·sleep. · Q Did his drinking eve:p preve~t h.im from going to work .. ? A No. Q Did it ever prevent ·him from doing any of his usual duties? A No. . . - I. e T e . . ,Q, What's all • MR'." ROGER$: " ~ Anna Wright · 31 One more question or two please. . . ._R.ECROSS EXAMIN~TI,ON BY MR. ROGERS: You state. Mr;. Wright, that Columbus Wright was_sober for som~ 15 years. When did he start this heavy drinking? . -' When did he start it? Yes. You have admitted--- He drank before, but the last 14 to 15 years he didn't take' a drink. · •'.,: u i Q ·Now you say he always went to work, that he never missed a day's w rk. 1-Ill Q, .J How do you know that for a faCt? o( i3 . about Q ::I ., A I seen the man/everyday. ,' :1:· ... .,... N Q · Y~:m would see, hi~ go everyday? He couldn't possibly have ·gn.:i'ase.d ,a~::day's ui a: Ill t-a: work without you knowing about it? 0 II. Ill a: 1-A Well, there·W.a'sn't very much went.on that I didn't know what ''Heavy I a: ::I 0 u .J done. That's what we always called him; "Heavy. II o( i3 ii: ... Q . How far apart did you live? How far apaJ::t fr~m the Columbus Wright 0 house did you live?. · A Let's see, there was Beck's, Burns and our place. About,around ab ut three or four doors. Q That's all~· (Witness excused) • . . James Francis Wright 32 JAMES FRANCIS$ WRIGHT IS CALLED AND SWORN . .. . DIRECT EXAMINATION BY lVlR: TEMPEST: Q Will you state your full name please?· A James Francis Wright. I e Q And Mrs. Wright,just testified how you are related tolh:er.. A ~ She is my wife. z c( > Q .J )oo How are. you ~elated to Mr. Columbus F. Wright? •' Ul z z A Ill Brother. 0. i ~ "Q ·CI . And did you know ·Mrs. Josephine Wright ? z x ' Ul A c( ::= ) know her. ,..,: Q -~ II: Did you have occasion to visit with rer? ... Ul 0 A --.J c( § 0 :J Oh, we -visited on occasions there. We was neighbors and lived close . to each other. I've seen my brother and seen her. ., :1: .. " Q N Did your brother and his wife .ever visit your home? ui II: Ill A ... II: Oh, they visited different times . ·o a. Ill Q II: ... From your <lllbservations were you able to observe during these visit~ II: :J 0 0 any domestic problems that they may have had? .J c( .o A iL IL I ~ver seen any; if they had them they kept _them to themselves. 0 Q From yo_ur own perso;nal-~nowledge, during the time that Mr: Columpus e . ' Wright and Mrs. Josephine Wright lived :together as ma_n and wife, was your brother employed? A He was em played. Q And do you know whether-or not he atterided his work regularly? A He worked practically everyday. James Fran·cis Wright 33 Q Was there any r~ason why h~ didn't work? A Not unless ~t was on account of sickness or on account of the mill be ng down. Q W~s. he regularly employed up to the time he passed away, do you kr ow? A Well now; he was employeq up until they shut the tin mi~l down.· I fo get . what year that shut down. Then he worked1 after that he worked in at . Number One Glass Factory. And he ~orked at Duncan Miller Glass Company. And he also worked at Jessop Steel Company for awhile. And he also worked at Tiffin, Ohio for the company that used to own the Duncan Miller. And then after that, prior to his death he was bartender out ,here at GabbT Heights. He was a bartender? • Yes, sir. For how ·many years? He was there---! just forgethow many years he was there. But he · · ·wa·s a bartender,part-time bartender. Now he didn't work steady. illhat is he'd, only go in at certain hours and maybe he'd only be therE for three or four hours. And then there was occasions he'd be then all day. Do you kno':V. anything o( his drinking habits ? ~ow JheawC1Jsr just like any other ordin.ary man. I:Je,'d get. through work he'd go out and-have a drink. Sometimes you'll take and drink more than what you figured~ but he wasn't a habitu::-1 drunk. Q Did this drinking take place. prior to 146 or when was this? .-~~~~~~~~~~---- > ' James Francis Wright A That was prior to 146 that he done some drinking. . Q That's all. You may cross examine. ~ ... ,,._ J. CROSS. EXAM~NATION BY MR. ROGERS: · Q IVIr. Wright, you testified that as far as you knew the husband and ~ ' z < > ... )o Ul z ~ A D. i g " z. J: Ul < ~- ..: u a: l-UI Q ... ~ !:! Q ::J .., :[ . ·1:: C\1 Q. :. I!! A a: 0 II. Ill a: Q 1-a: :J 0 u ... < wife got along'-fine·and that there was n<;> trouble. Is that right? As far as ·I know. Now let me quote another thing. In '1934 in March, they took ~e to Steubenville, Ohio, both him and her. And I went .. to Steubenville_, Ohio to work on the 23rd day of March in 1943. No/ 1934. And I worked there until March of 143, on March 23, 1943 " And I r~turried,home. So I. wasn't home there all the time to see what took place. I was just home on weekends from that period of time. So when the parties separated in ~946 you were surprised. . I was home because--- Lsay when the parties separated in 1946 you were surprised. Is that right? u ii: A Well, I didn't kt;1.0W they was gonna---I didn't know they was p.av:i.ng II. 0 any trouble. I didn't know, no, sir. !didn't go around prying_into someone1s business. Q. You have heard your wife testify that Mrs. Wright left her husband on two or three different occasions prior to 1946. A I knew she had left on different occasions. Q .Which would lead you to believe there must have been some trouble 34 •. -' ·e e James Francis Wright in this marriage, wouid it not? A Well now, as far as that, they never discussed their troubles with me Q No further questions. THE COURT: You are excused, sir. <( zMR. <( > ..I > fl) z z ld Q. z 0 ... I' z i: -~ (Witness excused).· TEMPEST: If the Court please, it is my intention of calling Mrs. .. Wright as on cross examination, unless you are going to put her on the · .. stand and I will have an opportunity to cross examine. Is Mrs. Wrigh going to testiili'y or not? ~THE COURT: .,: We don't wan.t to duplicate her 'testimony. Are you 0 ii! ... !II a· ..I § lVlR. D :J .., J: .. " N ai a:· Ill ... n:: 0 Q. ld n:: ... n:: :J 0 0 ..I < u ii: II. MR. 0 going to call· Mrs. Wright, Mr. Rogers? ROGERS: I woul~ su.gges~, Your Honor, at this stage of-the proceedings, that I could very well re~t. The estate has the burden oj proof of showing this separation was willful, malicious and without cause. And I don't believe the burden has shifted. At this point I would not intend to call Mrs. Wrigl?-t because I do not believe that Mr. Tempest has made out a case of desertion . .' TEMPEST: The cases on this, ifyou can show that there has beer a separation and continuous, that we have met the burden of proof. And the burden would shift to her: to prove that it was not willful and malicious. ' THE .COURT: Well, we are not going to tell counsel how to try theilr cases. · At this juncture counsel for the Defendant has stated that he 35 .. ' '· •· • ~ z < > -I > Ill ' z z Ill II. i 0 F C) z i Ill < ::= .,: 0 0: .... Ill a ., ·-I < § D ;:I ., :t 1-" N ui a: r .Ill .... a: .. 0 II. Ill a: .... a: '::J 0 0 ,.i < u ii: ... 0 e Jos~ phine Wright doesn't feel that he is going to call Mrs. Wright. So ifyou wish to ,_ avail yourself of the· opportunity of calling her as on cross examinati< n, .• you may 'do so. MH. TEMPEST: .IId like to call lV1rs. Wright as on eros s exam~nation MR. ROGERS: If the Court plefl.se, then I still make my origirial mo,tion, that l,l.p until this point 'the burden of proof J::l.as not shifted . '• •• and Mr. Tempest has not made .out a case O'f willful and malicious-- THE COURT: The case isn't completed s 6 you couldn't rp.ake a .m9t ·on to that effect. MR. ROGERS:· I reserve the right, of course, to call Mrs. Wright later. THE COURT:. Very well. MR. ROGERS: Go ahead, . you may c~ll Mrs. Wright. JOSEPHINE lVl-k\RGARET WRIGHT IS CALLED AND SWORN. AS ON CROSS EXAMiNATION BY MR. TEMPEST: Q Will you state your full narrie please? A Jose ph in e. Marga:J?et Wright. Q Where· doyou res. ~de? A Beaver, Pa. Q How long.have you resided at that address? A Since 1953. Q Prior t<e> that time whe.re did you. reside? 36 \ ~-e .. ~- z < > -· .J > Ul z ~ .. z ~ . i 0 1-(?) z i Ul < ~ "' ' ..: u it 1-Ul c e .J < § c :I ., :r .. .... N ui a: Ill 1-II: 0 ' D. Ill II: 1-II: :I 0 u ..I < u ii: ... 0 e Josephine Wr.ight '• A Lowell, ·Massachusetts. .Q A Q A Q A Q ' A ; .. ·~ Q A Q A Q A Q A Q A · What dates did you reside in Lowell, Massachusetts, what years? ·· •· .. L ~ ,, Doyou recall? · From· August of .146 ·till July of. '53.· . ' -' In Augt].st of 146 where did you reside? · R.-· p. · #6, Washington. Who ownc::;d·t~e hom~ in wh ichyou resided at that time? , .. . Columbus Wright. . .. At that time you owned. real estate in your own· name. Is that correc ? I had a little far:m; not in my name, it was an estate. Isn't it correct tha~yousold that farm? Yes. Isn't it correct that Mr. Columbus Wright signed a waiver thCl,t you would rec~iv~ all the proceeds from tha·t farm? No. Th~t was an estate·. I had four children to my first husband. . . . Let's phrase it thi~ 'fay:· did Mr. Columbus Wright derive any ben~fi s from the sale· of that farm? ·'· No. ·' ·- .• He didn't receive any money fr?m your share either,, did he? No; And you se~{ a waiver' to him that he signed and executed to that e·:ffe. t. . . ·. . ' Is that correct? -' Q Isn't it also correct that he visited you in Lowell,. Massachusetts 37 ,--------..------------------------------ Joseohine Wrie-ht 38 after you left his hom.e? Isn't that correct? A He came to.the hospital.and the doctor wouldn't let him in. !didn't know he was there. Q Ma'am, isn't it correct that ·was your request. thatyou not" see him: A The doctor came in, and in my condition. he said he thought if was ~. the best that ·he didn't come in. z <( > .J > Ul . ,. Q ·He was not permitted to visit you? z Z. Ill 0.. A That's· right. i 0 ... I!) Q Isn1t it correct that he discussed this with your daughter at that time? z i· Ul <( ?:: A Well, I don't know. .,: u ii: Q Let's go back further. You had your husband arrested for desertion ... Ul 0 ".J and non-support., isn't that correct, in the Court of Common Pleas o •<( § 0 :I ., ~. -Washington County. Court of Quarter Sessions of _Washington Co_unty :1: 1-.... N Isn't that correct? ui II: Ill ... A When was that? II: 0 -0.. Ill II: ... Q I'm asking the question. Did you ever have him arrested for aeserticn II: :I 0 u and non.:.support.? .J c( u iL II. A L I probably did. I don't remember when it was. 0 Q You do remember if you brought a proceeding here in the Courts. Isn't it correct you appeared before a Judge? isn't that correct, Ma am? A I guess I did. · .: Q And you were deriied support. Isn't that correct? A I suppose I did. I didn 1 t get anything. Q Isn't it a fact that ~ou ~ever did receive support from Columbus F. Josephine Wright 39 " Wright after August, 1946? ~ ' A No~ I never did. Q Did' you ever return to Mr. Columbus F. Wright after August of 194 I)? A No. e ·Q you never did? A No .. ~ z < > .J ,J, Q Isn't it a fact that you had separated from him prior to that time? >-•' Ill z z Ill 0. A I left a couple times and he'd always come ~nd coax me· to' .come back i 0 1-Cl and he would quit drinking and everything would be an· right . As· .z i: Ill < ;!: soon as I'd get back it would be the same thing all over again. ..,: u -~ Q Let~s talk abo'ut the drinking. Did he ever abuse you when he was dri~king? Ill 0 .J A .He would try to; < 0 0 :J Q Please answer the question. ., :t .. " "' A Yes. vi a: Ill ... a: Q Did you ever have him arrested ? 0 II. Ill a: A Yes, I did. 1-a: :J 0 u Q Was that in the Courts? .J < 0 iL A No. ... 0 Q There is no proceeding filed here? A No. Q Where you were arresting him for assault arid battery or any such thilng? A No. Q And he asked you to return to him~ is that correct, on these prior times that you separated? Josephine Wright 40 A Yes, -he did. And on the day .that you did leave him, do you remember what dat.e ; ,, that was? A In Augu?t of 146. ·Q Do you remember the day? A No. ~ z c( >.Q .J. >• ' Do,you remember what you took with you? Ill ·-Z ·-~-A 'II. Well, I took my clothes and· what furnitur·e I had when we _were married. i 0 1-" I had it--it was stored out there. I didn't take it with me, but it was z x 01 c( ~ stored there in the vicinity. ..: Q u 0: And you had one daughter living with you at that time. . . 1-Ul .o A .J c( ·. Yes . § Q ·Q :l What was her name? ., :1: .. " A N Nancy Wright; oi 0: Ill Q 1-0: How old was she·at that time? . - 0 IL Ill A 0: 1- Four years, ole],'. And I had two sons with me· by a former marriage. 0: :l 0 Q u Where did they res ide? .J c( 0 A ii: II. They moved with m·e. 0 ·-Q Who provided for them ? A They provide~ for themselves and I helped. Q You had money of your own then? A I went out and did housework many and many a time. ·Q . Do you know the ·name~ of the persons you did housework for? A No, I couldn't remember the names now. Josephine Wright· 41 Q . Do you know how·mucy you were earning at that time? r A $1.50aday.· .. .. .· . .. Q You don't know ~ho you worked for? . . A . No 1 1 don1t rememb~r them ·now. I worked down Gabby Heights for 0' • ' .~ . ... s6me.people, but I don't'remember the name.s .. .. ~ Q Was this during the time you were married toyou r nus band? z ~ A .J )o Yes . ·.-. '!' (I) z z Q Ill 0. Columbus F. Wright. i 0 A 1-Cl -Right. z x (I) Q o( := He was employed, wasn't he? ..: A u it Yes. 1-(I) e. 0 Q. .J o( 0 1·\.RegulaflY employed? 0 A :;1 Yes. ., ::t ... Q " Ill And whe•t~.cw0rk was· available he worked? ui a: Ill A 1-a: He worked, yes. 0 . II. Ill Q a: 1- He didn't.miss work because of drinking~ did he? a: . :J 0 A u .Well,. he left to go to work. I don't know whether he always went to .J :!. u ii: ... work, but he didn't come home. 0 Q Let's put it this way: he always brought a paycheck ho'me1 isn't that correct? .. ··, A I never' saw his paycheck. Q Did you ever receive the benefits of his employme~t? A No:, sir. Q Did he ever buy food ·for you ? .. .-.. , .. •'' ,e . '" e .. " .. ' . ' ,, : . .. e.·- . ' Josephine Wright 'A When I'd·meet him in town when he got done work, if I'd be there when '"' ;, . he. got out of work, why, r maybe I'd get enough money.to .P.ay the elect ic· and the gas and telephone and a few dollars for groc.eri'es and that's· all.· And as far as' c'lothing or anything like that, he never bought me . f.. • ' I" '• ' .•. Q o( z o( > A .J >-Ill z z· wQ II. i e A C) z x Ill Q o( ~ t A 0: .. Ill nothing . I understand you made clothes for yourself. I did. . ' You received rent money too, didn't you? On the farm, ·yes. And Y«U gave. that to your husband? No . .That's what I had to live on. ii So as I understand it, he paid all the uhlities1 bought tq.e food-- No, he never bought the food,. all of it. ~ . 5 Q I misunderstood you then; .Ma'am. ui • rr: ·~ .. ~ A rr: 0 He would give me a little bit on the food, ·but I bought-.the biggest 8.• bl rr: .. rr: :I part of the gr·oceries myself. < 8 Q And you provided for his children too? .J o( 0 ii: A Absolutely. ... 0 Q And you provided ·for Doris ? A·, ·Yes; sir: Q Your :husband worked on the farm too1 didn'ttke;? A · Well,· wheri .we moved out on the farm and we was out there for a couple years, but he didn't do much farming. Q On your fa rn1 ? ... ~:. A Yes. : 42 '· ,-----------n------------------------ Josephine Wright 43 Q He worked there, didn't he? A They had a little garden or something like that, a little bit of ca·rn, but he didn't do nofarming . . • '· Q And you'd sell produce from that farm. Isn't that correct.?" , . . A I'd what? Q !! You'd sell crop from the farm, some of it, woulOn't you? z < A > ... I never knew of any, unless it would be a few strawberries or somet ing >-Ul· z z Ill like that. D. i 0 Q .... Q Well, you'd keep that too, wouldn't you? That would be your money. z i Ul A < ~ That would be for groceries. ..: Q u i But at the time you did leave, that was the home of Columbus F. .... !!! 0 ... Wright, is that correct? < u a A :I Right. ., % t:. Q N And he resided there, is that correct? vi II: ld A .... He did~ II: 0 II. ld Q II: .... You qidn't get his consent to leave, did you? a:: :I" 0 A ·. u He left fir st. He got ready and left. And Mabel, that's his sister-... < u ii: ... in-law, she ·came up and I was in town and she told me pe's gone, 0 he left • . e Q Wait a minute. As far as someone else told you, did your husband tell you he was leaving? A No. I didn't talk to him. Q Did he consent toyour leaving? A Well, he didn't t;ry to stop it. Josephine Wright Q Well, he wasn't there, was he? -•. A No. He left; he went to Wheeling. Q I understand he came back within a few hours . A . No, 'he didn't. Q How do you imow that, Ma'am? A Because hd ·didn't come back while I was there. No, when you left do you know when he returned? No, I don't. I heard afterwards, just hearsay. g Q I don't want to hear what you heard now. I want to know of your own Cl z J: • Ul personal knowledge. You were served with a Complaint in Divorce ~ .,:_ 2 II: 1-Ul a A .J .• c( ~ Q :J .., l: too, w~ren't you, Ma'am? I wa_s. You never answered that or denied that you deserted him, -did you? 44 t. A N I went to a lawyer and the lawyer too~ care of it. I didn't have anythip_g ui II: ~ II: -~ ~ Q I-ll: :J 8 A .J c( 0 Q ii: .... 0 A Q to do with it. Why did you go to an attorney at that time and what were your demards? I wanted the money he owed me. yYhat was that ? I built three rooms on that house of his, and he was supposed to give me a note. For $500.00, wasn't it? A That was part of it. Q And that's all you wanted, isn't it? A I would have taken $500.00 at that time. If he wanted a divorce I ·' ,----------..-------------------------- _____ ___, t-----------,.----....::J:....:o;;.:::s:...:::..e Rhine Wrie"ht told him to give me $500.00, he could have it. And he didn't give it tc . . me. So he stopped·the divorce proceedings. That's all there was to t. It never went any furth~r . . · And isn't it true that this proceeding.today is over $500. o·o that you feel that he owes you? No. I want my shar~·that I·have coming to me as his wife. Now, Ma'am, isn't it tr~e thatyou ha:re made the_ statement that you felt that he owed you some mon~y for a porch and a room and that's w hatyrou wanted? ·, That's right. Drilling a well. And the amol?nt was .$500. 00. No. $500.00 wouldn't take care ?f what I had done. W!?-at was the amount that you asked for in this estate? That was. when the divorce was---h~ wanted a divorc~ 0 And I told hin I _if you was a.lawyer that I talked to, that he could· have the divorce .. 45 anytime he wante_d it, but I'd take $500 ~ 0.0 ?-nd l.et him have the di vor e. Ma'am, that isn't the law in Pennsylvania. Your attorney can explain ·that to :5;you. Why was it nece~sary, Ma'am, to add these rooms to tl.e house?. A What was :necessary? Q Why was it necessary? A Well, we got married and he had four children and I had four. Q The house wasn't big enough, was it? A That's right. He only had 'three rooms . .. Josephine Wright 46 Q And it'~ a fact that ~oth of you ·used .your mon~y to pu_t phat on the_~e . . That was a mutual agreement', wasn't it? . ~· ~i A No, it wasn't. He was supposed to give me a note for if. \' Q . You were married, Ma'arri •. · ' ' e A . . That p_on't make any difference; He told me if I would pay it he.woulc •' ~ give me a note~ z <(, Q > -1 • ~~* . Isn't that why you left hirn in '§6 because he didn't pay you fo'r the > U) z, z Ill D. .. moneY:? i 0 1-Cl MR.· ROGERS: Would you repeat th'e z i U) <( ::: . ' question?. I'm sor~y, I didn't hear the ques~ion. r-: !:!. ' .. (Stenographer reads back the last question). 0: 1-!'.! A Q e ..1 <( 0 a :J No. It was the abuse-arid the mental cruelty that .I was g?ing t!Irough froi:n his drinking.~ Doris knows that and so does Mabel. ., :1: .. Q " (II Doris,. as I un.derstand it, Ma'am, was not in the home at that time. ui 0: .A Ill 'I-0: No, but s'h~ knew before she· left the home the menta~ cruelt'y that I 0 D. .. Ill 0: 1- we?t through_ as .we~l as her. She had it just the same as I did when 0: :J I 0 0 she was there. · I -1 <( . 0 Q ii; Did you eve.r make any attempt to reconcile with your husband after I. II. 0 you left? e.· A No. Q Did you ever correspondEwith him? A No~ I wrote to him -a few times asking him for money to help su ppor the· daughter, but he never .. s, ent anything . . Q Ma'am, didn't-he voluntarily ~upport your daughter, send you money? A Never. At one time he sent $35·.00, and that was the only. time-he'· ever sent .anything. I wrote to him different times~ as~ing hii:n for money to help support her and he never would ~­z ~Q > Ul z z· Ill Q, ~A I-C) ~Q Ul OS: 3:- t ~A !!! ·.a •. ~Q iL g-A .., % answer. Did he. buy her clothes? ' . Never. He sent her a Wristwatch .·one time and a babydoll • ... ··. Those -·are the only things· I ever knew of him sending _her. There .could have been some other things though too, is that ·correct? Never. Well, if ·Ild say we had statements showing that he did buy clothing, would you say they would be in error? I don't know when it would be. What ·about support payments:? What? t:: • wQ What about support payments for the child? . I never go~ ~o _support payments for her; never. I never got a dirp.e. You·may cross examine. You may examine~ EXAMINATION BY MR'~ ROGERS: Q Mrs. Wright, in· answer to one of Mr •. Tempest's questions, yo stated that in August of 1946 your husband left you and tnen \ later you left that house. Is .that _correct? A Right. -k7 Q All right. Would you ·tell the Court the circumstances surrou ding ----------~~--------------------J.~o~s~e~p~b~~ixn~e~.~ 11··~rr·~~·~~-~~,h~.+~------------~----~------~~1Hi~r-­ your husbandts leaving, what you remember about it? A Well, he had been drinking terribly. It was just terrible. People would go past and people that I knew would come or call' me up in the night and tell me . that he. was laying up 'along the road. ·And one night we went up and, got him, my son and I brought him home. He was so drunk he couldn't $and on his.feet. And he just kept doing that and everynight he was drunk. He never knew what it was· to be sober. -He'd get up the next morning and leave and the·next day as soon as he got done work he was back in the barroom again. The nig:t~ before he left, he came in the house and he was drunk. And I doh 1 t know if he fell over a chair or what, but there was an awful crash;and I was in bed, I jUmped o·o.t of bed and cam~ out and he grabbed me. And he backed me up against the wall and he told me what he was going to do to me. I started screaming. My o~dest son was then 20 years old, had come home from the s·E?rvice in Ju~y, and he got out of bed and came out and he. grabbed him. And he told him, he said, "You better never lay your finger on her," he says, 11gnd let me know about it." MR. TEMPEST: If the Court please, I would opject to all the hearsay or what anyone else said unl~ss they are .here to testify. Is that son here today? THE COURT: It's not exactly hears~y. It was said in the presence of the decedent. It 1 s not of that much imp.ortance anyhow. Go on ----------~~--------------~------~T~-A~.~~·~~,~~,h~~e~~~!r~i~g~·h~·~~·------~--------------~-+~4·9~ with your narrative. e Q You may continue, Mrs. Wright •. A So :he wanted to fight with my son and my son told:him, 11Wel ," he said, "You just come· on out." He.said, 11 You .could give ~ z < > .J >-Ill z z Ill a. i 0 ... ~ z i Ul o( ~ .:A u ii1 ... Ill Q .J < Q § Q :;: A J: .. "· N ui a: Ill ... a: 0 L Ill a: ... a: :J 8 A .J < ti ii: IL 0 A to me before I went in the service, but I 1m bigger now and I won 1 t take it." THE COURT: Mrs. Wri"ght, rather t an going into the' conversations that took 'place . there, just tell us what happened, if anything prior to his ieaving, and when he did.leave an soforth. That t s what we are interested in. The next morn~ng we got up and my son and daughter and I went to Washington and when we went home---· .For what purpose? You went to Washington for what purpose? Well, we were doing some shopping. And so we went home and Mabel came up and she says--- ·' MR. TEMPEST: I object. THE COURT: Who was it came up? Mrs. Wright, his sister-in-law.· MR. TEMPEST: Okay, fine·. THE COURT: . What did she say? She came up to the house and she said, 11Well, ".Heavy" left~ 11 Thatls Columbus. And I said, 11 Where did he go?11 And she ·-· sai.d, "He went . to Wheeling. 11 He had went in and took my .. sweeper box that I had the attachments i~, dumped them out on the bed and he packed his clothes and took off. And I di tt see'him no more after that. So we got ready and my daughter -· '. ., from Massachusetts came dovm and we went home. Q You ~then went, as I understand it, y~u·theri went to stay ·and· A Q A :$Q z o( > .J .. > !II z z Ill II. i eA C) z ~Q -< ;:: .:.A u a: ~ Q 0 ~A ~ 0 :J "I X .. " til ui a: Ill 1-a: ·o a. Ill a: .. ·a: :J 0 u .J cc u ii: IL 0 live with your. relative's. iri Massachusetts. Yes.· All right. Now you say that Columbus packed· up artd left. Yes. Following hi,s ~eparture,. how long was it before you.went up. to Massachusetts? . How long did you stay iri this house dovm ·· in R. D. #6? I 1d say And you No •. Did he Never. a couple days. have ever not lived together since? .· ask you to re·turn? THE COURT: Gentlemen, the Court . . is going to have . to cal·l a ten minute recess a thi.s time·. We :have a matter to loo~ after in chambe~s, and I think that we can dispose of i in· about ten minutes. So we ·will re'cess now until 3:15, and then she can take the stand 9-gain. R E C E S S JOSEPHINE WRIGH'I' RESUMES THE" STAND. CONTINUED EXAMINATION BY MR. ROGERS: Q Mrs. Wright, in answer to one of Mr. Tempesi:Js que-stions concerning desertion and non-.support, you. stated that you ,, did bri ction o£ desertion and non-su ·. I e e A A' :! z < > ..I >-Ill z ~Q D. i ~A ~ z ~Q· < ~ < .:.A 0 0: .. Ill Q ..I < u Q :I ., X 1:: "' vi a: ld .. a: 0 L ~Q .. a: ":I 0 0 ..... ~A ii: ... OQ .To~enhine Wrie-ht husband. Was this ·action brought or commenced pr~or or after the final separation? Prior; ~eve~al ye~rs before. Do you recall when? You say several yea;r s. What -were the circumstances under which you brought this action? He was on one of his drinking sprees as usual, and I just couldn 1 t take it and so I left. And I had desertion and non- support • Where was this hearing held? Here in the Courthouse. What do you remember abo~ that hearing? Well, I really had just dismissed it from my mind, but now I recall it. And when we had the hearing the Judge said, 11Well, 11 he said, 11 You go home and kiss and make up • 11 And he said, 11 Let it go at· that." And we went home together and uri til the next time I couldn 1 t take it any more and· I had tc ' leave again. But I never~~had him for support after. that. After this final separation you brought no further support action? No, never. 51 ~ ·If the Court please, I have no .further que sti~ns at this tine to· ask of Mrs. Wright. I'd like to reserve the right to recc;ll her and perhaps other witnesses. TEE COURT: :MR. TEMPEST: You may do so. I have some quest~ons. ~ z .To~Anhine WriQ'ht EXAMINATION BY MR. TEMPEST: Q After this charge of desertion and non-support, you went bac ·· to live together as man and wife. A Yes. Q How did you get ·along? A o~, we just got along until he'd start drin~ing again and it would be the same thing all.over again. H1d promise to stpp "< >. .J drinking and when .he. wasn't drinking we got along ·good. He couldn't stay away from the drinking. >-(1) z z Ill D. 52 ~Q l? z i (I) Well, for how long a period after he returned did you get alpng good? < :: ..:A u ~Q 0 .J· < u 0 ~.A :I 1-" tiiQ ui a: Ill 1-a: 0 D. ~A 1-a: 6Q u .J ~A u ii: ... OQ A . Oh, I'd say three or four weeks maybe; maybe not that long • Wasn't it after that that, a year or so after that, that your child was born? . . No. It was longer than that. How many years after you went back together was your child born? Well, I 1d say four. .Rour years after this action? Yes. What year was·she born? 1941, Novembe·r 2nd. Q So yo~ got along pretty good then for about four or five yea~s. A Well, we just managed to stick it out because he still kept on drinking. Q Then your little girl was born. A Yes. -e· .. .- .. e s9~f:±in€l ~#~---_;_;_,. ___ _...__,;.. __ ..,.---l~5~3~-- Q · Mr. Wright. had a lot of friends, didn 1 t he, during the time A Q A Q :!: z < > ~A Ul . z :z· '~Q i ~A Cl z ~Q ' < . ~ .:A -~ 0:: ~-Q Q ..I :!:A ~ Q ~Q i: . ... C\1 ai a: Ill li:A 0 II. ~Q 1-0:: 5A 0 . ..I < 0 ii: ... 0 Q A you lived together? Oh, I suppose he did·. ..... ~ Did he or didntt.he? Yes, ·he had frie:p.ds. Certainly, we· all have friends. This incidEn~t where he was laying along' the road; what road _w~s that, do you recall? ~bove where we lived, along the road. A neighbor called you? Yes.-. Who was that? Ethel Calvert • Ethel.Calvert? ' I Yes. · Did I understand you correctly to say that Mrs. Srriith here . left home ·because she was mistreated by her father? ·, You didn 1 t say that? No. The only thing is she was just like the re.st of us; she. just would take_the S:buse·from him the same as the rest of s. when· he was. drinking.· .Are y_ou saying 'her father ·abused h~r? Men tally, .. -like the re s·t of us, yes. I used to t~ke his fo ., /. . children ahd mine and load them up in.-the· car and .come to Washington and sit 'on the street all night. She can verify to th~t. Q When was this? ' ' ~ .I ·i --------------~-------- .· . e A Q A Q" "A Q :!: A z <t > .J > (I) z .Z Ill II. ~ Q CJ z i A (I) <t ~ ui a: ld 1-a:: 0 II. Ill a:: 1-a:: :J 0 ,IJ .J <t 0 ii: "II. 0 Q A Q A Q A Q ~osenhine Wri~ht When we lived out in the country. What year was that? ·' Well, I can1 t go back and tell you the exact year. That was long prior to 1940 though. II d say maybe four or five years • Mf\ybe 1935? See, we moved out in the country in i34. Then it was from '34. We moved back in 19---the spring of 194i, back on to the Pike. That was in 1939, wasn 1t it, you moved back in 139? 141·. We moved back there in the spring of 141 before Nanc:y was born in November. When did you live in Westland? I don 1 t recall what year it was. Wasn 1t that the time you had him arrested for non-support? I ·think it was. That was 19~0, wasn 1 t it? No, it wasn 1t 1940. How are pu sure of that? It was before that; I am sure of that. You are sure of it? Yes. The records here in Washington County said April 1, 1940 54 is when you brought that suit. And all during '_40 to '45 M s. Smith didn 1 t reside with you at all, is that correct? A That 1 s right. But she resided with us. Q From the time you left, Mr. Wright was not abusing Mr:s. Smi~h. _, A : ~ ' z ~ ~ ..IQ >· . (I) z ~A n. ~Q CJ z i.A (I) < ~Q 1-u 'ii: l-UI c ~A § a ~ Q I: 1-[;i· ui a: ' I'! A a: o· ~ Q 1-" a: gA u ht You·didn1t mean ·to say that. When she _was. little, from the time we were married in 1932, we. lived there for :two y~ars, and then we moved out in the . country and then pe started drinking again. And it wasn 1t to bad the first .two years, but after that ·t_hen he really. drank .. and then he abused us all. After that is when· I used the ·kids into town and sit on the stree't. That was prior . to 1935? I '"' No •. ·. t 32 or -134? 32 to 134 we lived. in his house. ·. During the time you lived together you had an operation,~is that correct? I did; I had two operations. And isn1t it true that your husband took care_of you. at that ·. t'ime? He . took .care of me? The hasp~ tal took care of f!le •. · You rie~ded shots. and soforth ?-n-d he did· that. .• . . I never had :p.o shots after I came out' of the hospital. ~-Q·· .. Thatts all I have of this witness,.but.I--wtLr'r.ecall Mrs. ~ :· ~ oTHE~COURT: ·· Whom do you wish to recall? .· .. · . •. · MR. TEMPEST: Pd like to recall Mrs. Smith for a few ·que sti s'. (Witness excused). ·. 22 .. DORIS E. SMITH IS RECALLED. EXAMINATION BY MR. TEMPEST: . ' '· 56 '' Q Mrs.·smith, Mrs. Wright has testified that ;she knows of physical and m€mtal abuse and anguish that .you suffer-ed as a resutt o-P· your father. Is this true? A No. ~Q You did _leave home ·though, isn't that correct? z <( ~A Yes, sir, I did. >-Ul z ~ Q How old were you at the time? II. z eA I was 12, going on 13 years old when I left home. " z ~ Q Can you tell the Court why you left? <( I . . -~A Yes, sir. My dad and my stepmoth~r was separated. I would take u ~ care of the house for ~Y fa,ther and my three brothers, plus Q ...1 <( § Q :J ..., :r ~ N ui a: Ill 1-. a: 0 II. Ill a: ... a: :J 0 u ...1 <( u ~- 0 , go to school. And we were getting along and my stepmother would come bacl~ and I was still go~ng to school and when she 1d come ·back Ita:::go_ to school, IJd have to come home at night, IJd have dishes for the whole day; plus I had to wast my own brother's c'loth-ing,; she would not wash them. I had tc do it on the board. I had to patch them and e_verything, and I j~st got fed up and I seen an ad in the pape~ and I went and got me a ·job. THE COURT: What year was it, do you know? A 1939. THE COURT: You were 12 year_s old? A I was approximately 12 years old or ·13. THE COURT: You were born what yeEr? e A I stated 126 before. It was incorrect. It was· 125 'I was borr •. .. THE COURT: 12 or 13 would be 1 3b or 139. ·•. A Yes, sir. Q Did you remain away from home continuously after that? A No. I went back at one time and I was there no more than a ~ ~ week and I left then and I was never bac.k home since. > ..1 >-~Q Who·was there at home when you came back? z Ill ~·A ~My stepmother and my father were living togetper at R. D. #E, 0 ... ~ :wa.shington. x Ul ~Q That 1 s-your fatherts home. Yes. You may cross examine. ~CROSS EXAMINATION BY MR. ROGERS: Ill ... 0:: fQ Ill 0:: ... a: :I 0 ~A c( u ii: 1&. 0 Q A Q THE Wh~He did you go to live when you left· home? You say you left home when you were 12. Where did you go to live? I went to Hatfield 1 s, Mr. and Mrs. Hatfieldts. I did houseV\ ork for $3.00 a week; room and board and $3.00 a week •. Did your .father eyer attempt to bring you back? No, sir, he did not. That 1 s all. COURT: You are _excused. (Witness excused) .. :!: z o( > ..1 > 01 z z Ill D. i 0 1-~ z Anna Wri!2'ht ANNA M. WRIGHT IS RECALLED. DIRECT EXAMINATION BY :MR. 'TEMPEST: Q. Mrs. Josephine Wright testified that you knew of the circum- stances_ surrounding the final sep~ration of the parties, anc A -that you were .. the one that informed her her husband had left her. x. ·The only time I can remind of going up to her or saying any- thing to her is when she had the goiter operation, and she was a bundle of nerves then. And I can mind then that I went up and said that he had left, that he wasn't ·there. But othe~ than that, I don't mind. ~Q ~ Was that in August of 146? Oh, that was before that. That was wherrmesh<fd the goiter operation. But I don't remember what year she had that. .:.A u ii: 1-!!! Q ..1 o( § Q :I ., X ~ N ui a: !!! a: 0 D. ~Q 1-a: 5A u ..1 o( u ii: ... OQ MR. ROGERS: I 1m sorry. May I have the question and the answer rea~? I'm hav:ipg E little trouble. (Stenographer reads back the last question and answer) •. I asked you if that was in August of '46. It was prior to that because she had the oper;-ation earlier than. 146. _ . Do you remember talking to her at all on August 16 of 1946 concerning the separation? A No. Q You did not talk to her? A No. Q At that time was Mr. Columbus Wright living in Wheeling, if you know? A I don 1 t remember him being in Wheeling. Q That's all. MR. TEMPEST: That 1 s all I have, Your Honor. THE COURT: Does that conclude your case?· MR. TEMPEST: It concludes my case. MR. ROGERS: If the Court please, I have two other witnesse~; ~ three, including Mrs. Wright .• ~THE > Ul z ~MR. IL i e ~ z i In ~ ti it COURT:· ROGERS: Which Mrs. Wright, Anna? The widow, Josephine Wright. She is present in Court here. But ·Mr. Tempest must first prove ·a desertion. .It must be, under the Act, willful, malicious and without cause. ,. ~THE COURT: You are maki~g a motion to the effect that we 0 .. II: direct a verdict.for you.· ROGERS:. COURT: ROGERS: COURT: I am, sir(•. And we are refusing the motion. May I be heard one moment on that subject? All right. 5 MR. ROGERS: u He has produced Mrs. Smith and Mr. and Mrs. ..1 < 0 iL IL 0 James Wright. They have given us no testimony concerning the riature of this separation. His next witness is the widow-Claiman~, who has ·now been made his witness. And I feel that he is bound under the law by her testimony and her te·stimony is, his owri witness now, her testimony is that Columbus Wright deserted her without cause in August of 1946. I feel that b~ has not made out a case; on the contrary, has given testimonv she is bound by, that Columbus Wright is the deserting party. e e 60 MR. TEMPEST: · If the Court please; I am·not bqund by the questions he asked her and the response she gives the attorn~y • .• I am bound by the questions.I asked her. THE COURT: Yes, you are bound by your examination alone an~ her questions as lliong as those facts are not contradicted by other testimony or by her own tes~imony on her counsel's ~ exam:in at ion • z c( > ~MR. TEMPEST: That is true., Ill z ~THE a. COURT: ' . . . . I And my answer to this motion of 'Mr. Roger~u is i 0 1-~ that his request is refused because -we are in,.the· nature of z i Ill c( ~ .,: u ii 1-Ill Q ..I c( g determining questions of fact.. If thfs were a jury case, it would be a question of fact for the jury.· It is not· a jury case, but it 1 s still a question of fact for the Court, and we therefore refuse any motion for a dir€icted ve-rdict. You may c :I -. :r 1:: til ui II: Ill I-ll: 0 II. Ill II: I-ll: put in your case,·Mr. Rogers. 5 NANCY E. HUFF IS CALLED AND-SWORN. u ..I • t.DIBECT EXAMINATION BY MR. ROGERS: iL II. OQ May we_have your full name-please? . A Nancy E·. Huff. Q Where· do _you reside, Mrs. Huff? . A 1439 Sharon Road, West Bridgewater, Pa. Q And your fa th·e·r 1 s name? A Columbus F. Wright. Q And your mother 1 s name please? ----------~----------------------------------------------~---1 .. I l I ' A Q A Q A Q ~A z < > ~ Q Ill z z 1&1 D. i eA " z ~Q < ~ ...: !:! 0:: ~A c ...1 §Q c ~A :1: 1-.... ~Q Ul a: Ill • ~A. . o D. IIIQ .0:: 1-0:: :J 0 u ...1 ijA ii: ... 0 Q Josephine Margaret Wright. When were you born? November 2, 1941. So that in 1946 you were approximately five years of age. That 1 s right. And as a child whom did you reside with? My mother. ; .. From the time you were born until.you left and became marriEd, is'that correct? That 1 s right. And when were you married? How old were you when you were married? 17. For 17 years you resided with your mother. Tha t 1 s right. Did you ever at any time reside with your father? No •. To your knowledge did ·Your father ever contribute anything to your support? ·No •. Other than every once in a while I'd get a· Christmas - gift. I got a baby buggy one time that was ·too· small and a ' wrist watch one time that was for a· boy. That 1 s not for support. During the first years of your life where. did your mother and you reside? A Oh, I think it was Hall Stree~, Lowell, Massachusetts. Q And for how many years did you reside in Lowell, Massachusetus? Until you were about how old? I e A I was about 12. I; Q And then where did you move to? ·. A Beaver, Pa. '. Q And you lived with your mother in Beaver until you were ~1 years of age and were married. Is that correct? A That 1 s right • ~Q Z. Cross examine. <( > ... . . > Ul z z Ill II. z ~CROSS E~MINATION BY MR. TEMPEST: z - 5 Q Well, from ~he 'time you we.re born until 146 you resided witl: := § your father. Isn t t that correct? 0: ~A Yes. 0 ... Q Q Isntt it true, Ma'am, t'hat you did 'come back to this area 0 :I '"I X ~ N ui 0: ~ 0:• one time and talked to Mrs. Wright who is pres~nt here, and ·said that,isn 1 t it true that you told her that the only thirg 0 . L you knew about your father is what you hea~d from your mothEr Ill 0: ... II: :I 0 u ... and that you would like to meet your father and find out for yourself what your father was like? Di~ntt you? <( ~A I donit recall making it', but I may have • ... 0 Q Well, didn 1t you visit Mrs. Wright? A Yes. Q Didri 1 t you see your fath~r on that occasion? A When we would comeback here from Massachusetts to visit,my mother always took me over so I could see him. Q Did you visit your father? A Yes. 62. Q Tell me about your father then. What do you recall? A Q ~A z < ~ Q (I) z z Ill Q. i Well, I was very young at the time. I c~n recall my father taking me to the races. That's about the only thing I can remember. I can remember going to see him when he lived in E garage. Near his home? Near his home. That's the little buil~ing in the back of his home somewherE, isn't it? e A That's right. I spent a little time with him ther.e while I!) z i (I) <1: s: ..: Q. u ii: ! A Q ~ Q u Q ~A ai a: . my mother had visited other· friends in the neighbor.hb.od~' Do you have good memories of your father {rorri tho'se v'isi ts? Good memories? · Yes, from those visits, the races·'and soforth. ' Oh, well, the races is about the·only thing I can T.emember. When I would come back to visit and would come over. and vis t ~ my father 1 t would just be to sit and talk for a little whL e. 0 Q. ~ Q You don't recall your father being a drunk,· do you? 1-a: 5 A I don 1 t recall that. u ..I <1: • u Q Did you hear this from your mother? ii: 1&. 0 A And o~her members, yes. Q Mrs. Smith here? A I haven't seen---I saw Doris on two occasions. That was at the funeral home when my dad died and that's the first I rerember se~ing Doris for years and years. Q What about Mrs. Wright? THE COURT: Anna Wright. Q Mrs. Anna Wright. ~------~----~--------------- A Yes, I remember. I1 ve stopped and M-i-sfted. with her:. . I reme nber Q on the visit that we stopped there. What year was thls? A Oh, letts see, it would be about· three years ago. Q Your father was living at that time. ~ z <( A ~Q Ul z ~A D. i ~Q C) z I: Ul <( 3: .,:A !:! II: l-UI Q .J <( § Q ~ Q :J: .... .... "'A ui a:: I!!Q II: 0 D. Ill II: I-ll: :J 0 u .J Yes,·he was still alive. We stopped at my aunt 1 s and she had mentioned that he hadn1t drank for quite a number of years. He didn 1. t drink for quite a number of years; she . told you that? . . Yes. Did your mother visit,when she came· back here, did she visit with your father? No. Mother would visit with Aunt Mabel or others in the neighborhood. Or if my dad happened to come out when she came to pick me up she talked with him. And they got along? Yes. Being five years of age, there t s not much use me asking cbout what happened when you were five, Matam. I believe thatts al~ I have. ~THE COURT: !:! You are excused, Mrs. Huff. IL IL 0 (Witness excused). '• r!.onT'aC>t:t:!:l .~imn~nn GEORGETTA GARY SIMPSON IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. ROGERS:. Q A Q A ~· Q z o( ~A >-Ul z ~ Q 0. z eA (!) z ffi Q o( ·;!: .,:A () ~ Q 0 .J ~ () c :J ., :r 1-...... N.A ui a: ~ Q 0 0. Ill a: ·~ Mrs •. Simpson, we will have your full name please. Georgetta Gary Simpson. You live where? Beaver, Your mother is Mrs. Josephine Wright~ That's right. And you are the daughter to her first marriage. Yes, I am. Could you give us your birthdate please? . May 4, 1920 • Your mother and Columbus Wright were married, I believe, in 1932. So you would have been about.l2 years of age at the time of this marriage. I was eJ:@ven. And I take it that for some years you resided in the common household of Columbus Wright. · 5 A ·There was ten of us at home • u . .J ij Q For what period. of time did you reside in this house? iL II. o A Well; we resided there, and then I worked. And I'd be. gone during the week, Q Let's put it this way: how old were you when you finally left home,· about? A When I left home? Q Yes. A Before I was married when I was 19, I had left home in the 65 Geor2:etta Simnson .meantime to work away from home. ; I . . Q About how old were you then·, ap'proximately? ... A Well, I had worked from· the time I was 14· and I'd ·be home on weekends or when I had a day off. But you really stopped living at home when·you were married. That's right. When you were 19. So you were' married then in 1939 and there was a period of six or seven years before·your mother and Columbus Wright separated. They had separated. MR. TEl':IPEST: I 1m not getting the answers. I'm not. getting the questions. I'd like to make~ motion th~t he stop leading·the "Witness and let the witness testify loud enough so we can all hear it. Itm sorry you cantt hear me. MR. TEMPEST: Maybe it1 s your gum, :I don r t know. THE COURT: Some .of the questions may have been leading, but·they were not of 66 that much ·impor.t. They were more of a historic.: 1 nature until we get down to the crux of the si uation So let1s keep our voices up so that everyone can hear. Q In 1946, Mrs. Simpson, you were then married. A Yes. Q And living where? 67 A In Lagonda, Washington, R. D •.. #6. Q How far away was yaur home from your mother r s. 'home where shE was living with Columbus?· Approximately what was .the distarce? A Two or. three miles probably. Q And you were a· frequent--- ::!Q z o( > .J > Ill z ~A Q, z gQ Cl z ~A o( ::= ..: Q u i I-III a ~A !:! a :J ., :r ~ ~ Q Ill a: Ill 1-lr! 0 II. ~A 1-lr! 5 Q u .J GA ii: ... 0 Q A ·. MR. TEMPEST: I object, unless-- Ilm sorry. Did you ~ver visit your ~other while she was living with Columbus Wright? Yes. While you were away living away from home married? Of course, I was there everyday probably. Can you tell us from what youobserved on these visits how this husband and wife got along? When he was sober everyone got along with nillm. When he was drunk, there couldnrt be anyone live with him • Did you ever observe him on any of these visits when he had been drinking? Did I ever? And on.these occasions how would he treat your. mother? Well, it wasnrt always-physical violenc~; it was threats. What sort of threats? Well, one time when I was just a little girl, maybe 12, he went so far as to tell me--- MR. TEMPEST: If the Court please, I donrt mind going back maybe20 years, but we are talking about 1946 and what happened when she was :rt2. -----------4~----------~------~---+n~~~~~~Q~qH~~,~~~~~~----------------------~~ Qv·v-e~.-0 v u •,t- e - Q Let'·s confine it to your visits f_o·r seve·ral years prior to ~Q z <( > ..I >-{I) z z Ill D.. i 0 ... ~ z i {I) <( ~ ..: !:! a:: ~Q Q ..I <( § Q ;::) .., % ... .... N ui a:: Ill ... a:: 0 L Ill a:: ... a:: ;::) 0 u ..I aQ ii: IL 0 1946 when you state that you, on various and frequent_ .occasions visited your mother while she was living with c·olumbus ·wrigbrt;. TEE COURT: Well, at 12 years of a~e, .that would only be around 1932. 'That was befor~ 1946. In 1946 sh~ would have been 26 and I have asked her-- TEE COURT: She 1 s given us what. occurred then 'at '12 years of age, approximately. And that would be. pertinent as far as what she has to say. That's before they finally separate~ in 1946. -' In 1946 she was then 26 years of age and I haye. asked her ' . to describe this relationship in the period of time four or five years pr'eceding the .year 1946 when she was a frequent visitor in the home. THE .COURT: Shers gone back to 193~. We will permit it as_part of the historic~l sequence of this thing. Gooahead. You may p~oceed. THE COURT: You were starting.to tell us something about what happened when you were around 12 years of age. Go ahead. A I don 1 t have to·:)tell that. I don't know·what I'm--I know thart when he was sober, everything was fine. When he was drunk' which was all the weekends, eveningsf from the time I was 11 years old, I remember. There were times·when things were calm. ~Q z < > .... > Ill z z Ill 11. i 0 1-u z iA Ill o( 3: ..: u it ~ Q Q ~A ij .. Ci ~ Q X t:. ~~~A ui rr: ~ Q rr: 0 .. ~A 1-rr: 5 Q' ·u .... ~A u ii: ... 0 ri-Aorf!etta: Simnson When I1d be away from home working,·my·m~ther would call up and I1d go home because of threa·ts ~and all 'the kids crying. And when I only had a Learner's Permit, I often---my mother was so upset I'd drive the car and ~e 1 d sit someplace so . he didn't abuse us when he 1d come home. My stepbrothers and stepsisters, he 1d chase us all around,th,e house. Now there'.s been testimony given he.re _today that your mother and Columbus Wright ceased. to liv·e together some time ·in 1946. Do you recall when this r·elationship ~e~minated, when they ceased to reside together at R. b. #6? Yes. I remember very welf. My mother called me up and said that nHeavy11 was gone • First of aLl, do you remember when this was? · It was in August. 11m not· sure of the very exact date. Do you remember what year? It was 1946. Why do 7ou remember this date? That 1 s the year I had my bab~. And your mother called you, you were about to state. Yes. And things had been real bad and I knew it. And I was pregnant. And she called me and she said that he had gone~ And· I said, "Well, where did he· go?" And· she said that Mabel said he we~t to Wheeling. And I went down~ And he had dumpec the th~n.gs out of the little satchel that had the ·sweeper attachments, he had dumped those things on the bed. The one ·thing that I do remember is those things laying on the bed. And we called my sister and talked to her and my mother. 69 --------~~--------------------~·~0 8~~--------------~--~--~~0~ \ ~-., ~ z <( > .J >-(I) 2: 2: Ill II. i 0 ... ~ z Q · Where was your sister ~iving7 A In Massachusetts. And my· sister said, !1We 111-. come down and get them.tt Because after my husband came home .and ·I was pregnant I ·couldn t t help them like I did during "t!l~ War when I worked and I could clothe them and take them and keep·. them. Q So shortly.a~ter, as I understand it,. shortly after .Columbus . . you ~ew that Columbus Wright had left, you state that your mother -then went to l;'Iassachusetts to live. Do you remember for how long .a period your mo~her continued to live infuat house down there after he lef~, before she went to Massachus0tts? . ~A I don't know. We called my sister ~nd.they had to drive down. <( ~ ..: u 0:: ... !!! Q .J < 0 0 ;Q ":I: .. .... N ai a:: I!! A. a:: 0 L IIIQ a:: • ... a:: ~A u· .J <( 0 ii: .IL OQ And we.took my mother 1 s furniture that she had when she was married before to·my father, and we stored some of.it. And then my mother left. Do you remember about how long she lived the r e by herself before she went to Massachusetts, about? I don't remember. It wasn't too long •. Well, was it a week or a month or a matter of days? Well, it possibly could have been days or a week. My sister had to come down. So you say you lived in the neighbo~hood. First you say tha . Columbus Wright left and then your mother left •. For how long a period of time, if you know, was this house vacant? A I don 1 t really know for sure. I know Lee moved in shor;tly afterwards. My mother-in-law lived up about---well, my mothe - in-law lived three houses away. Q In other words, af~r Mr. Wright left, your mother left the 1- house, you say that snortly ·thereafter ,C.olumbus Wright 1 s son Lee then moved into this house. A Yes. Q Was he married at. the t.ime? A Yes, h~ was. Q Did he. have a family? ~A .Yes, .he had one little ~irl. z <C ~Q After your m6\the.~r and 'Columbus· Wright separated when did you next see Coiumbus Wright? Ul z z Ill II. i eA The ne.xt time ~ ·saY{ him· wa~ when his father passed away, and I was sittin'g on Beck1 s porch and that was nextdoor, and I don t t remember 'the date. Cl z x Ul o( -~ Was that a short time after your mother left? That was a short time after. A matter of weeks or months? I dontt truthfully recall the date of his death. But I do· know that "Heavy" walked by and I was sitting~ on Be ck1 s porch and he asked me if I knew that his dad had died. And I said no. Let 1 s put it this way: do you know where Columbus Wright wa~ 'living? A . He lived in the barn. ·, Q While the son was living in the house? A Yes. And Mabel tried to get him ~o come to her house. I guess he evidently did later. Q J0;o you know approximately when he moved in the barn in rel<;d ion- ship to the separation? ,--------,..,...----------------------------~ Georgetta Simpson 72 A From all I know, in talking to Mabel, I talked to Mabel and to my mother-in-law and to Becks--- MR. TEMPEST: I object. If the witness knows. Maybe she doe~.n 1t know of her own persona . . . e know le'dge. I'd like to m<3:k e an objec;:tion here. A I do know that he--- :! .. z c( > THE COURT: The objection is sustain d, -I >-Ill z z Ill except to what she knows of her own personal knowlEdge. IL i 0 ... Q What did you observe? Did you know of the fact that Columbus Wrig[lt C) z i . Ill c( was living in the barn? ~ . .,.: u A Yes. That 1s what he told me that day, that he was sleeping in :the ba 'rn . ii: ... Ill Q e -I c( u . Q Q As far as you know, your mother an? Columbus Wright never lived together following this separation • :J . .., J: .. " A· You· mean in 1946? N ui a:: Ill ... Q Yes, after they left in 1946. a:: 0 ... IL Ill . a:: A No, they never did. ... a:: :J 0 u Q You have he?-rd one of the witnesses state, and I think your mother .-I c( u ii: also stated that she brought an action of desertion and non-support ... 0 against Columbus Wright. Do· yo\] of your own personal knowledge e know anything about this action? A I was there ·in the Court at the time, but I don1t remember the date. Q Do you .remember what happened in Court that day? A I know there was a Judge there and there was a procedure possibly. siiJ?ilar to this one, and that the Judge said---asked to talk to them ,---------..----- e ·e .. .. e :5 z <( > ..1 )o Ul z z Ill D. i e C) z i Q A Q A Q 73 together, and they stood up and they talked and .he said, 11~ suggest yc u kiss and make up. 11 And they went home tog~ther and that was it. ·· Just prior to this hearing in Court where }~ad your mother been livin~ ? lcan1t be·sure. I'm not sure of the year or the'date. What I mean by that, was she living separate and apart from her husb~nd? She had moved into two rooms in Westland. Your witness, Mr. Tempest. ~: CROSS EXAMINATION BY MR. TEMPEST: Q The.date that you left the heme of Mr. Wright and your. mother, wha .,; u it 1-Ul 0 ..1 date was that? :5 !:! c :;, A That I left their home? ., % ,_ " N Q I guess to get married. ui rr: Ill 1-rr: A I was married June 26, 1939. 0 D. Ill 0: 1-Q And between 1939 and 1946 Columbus Wright didn1t abuse you at his 0: :) 0 u home, did he? ..1 <( u ii: II. A ' He didn 1t abuse ~e personally, :Other than---- 0 Q That1s the question. Did he abuse y9u? A Other than when-someone would call me and say that my mother was . frightened or that my mother was upset or that my mother was havin~ hysterics or something like that, which is physical abuse. And you can see that Jfm a nervous wrech today and I think it goes back to my childhood. Q Mrs. Doris Smith had left home prior to the time that you left in 139 GeorQ"etta Simpson 7{1; is that correct? A When I remember Doris leaving home, now this I ·could be mistaken, . but t:o my knowledge---- Q Just answer the question. e THE COURT: In other words,. he's <( a ask{ng who left home first, DorisJo~yo1.:1 • .A~l.you nee~ z <( > ..1 to answ.er is one word, Doris or me: You can shortEin > Ill z z Ill D. these things a lot if~:ou lis ten to the question. · i 0 ... !) A Doris was there when I left. z :t Ill <( :it THE COURT: Then you l~f~ first. ..: Q A We had the same bedroom. She had scarlatina. 0: ... Ill 0 e ..1 <( ~ 0 :J' Q Do you recall when you talked to Mr. Wright after August 16 of '46, . . the times the parties did separate, you said you recall talking to Mr. ., :1: "' " ('f Wright, he was in the barn or near the barn or something .. · vi 0: 1.11 ... 0: A No. He was walking on the road and he asked me if I knew his fatheJ 0 L Ill 0: had died. ... 0: :J 0 u Q You don't·recall that date? Was that in August qf 146? ..1 <( 0 . ii: ... A It would be in August, I'd imagine. It was shortly after my mother 0 went, because he asked me if I thought he should send word to~her, e would they come back for the funeral. And I said it would be an awful expense to come back here that far. And they hadn't been gone too lc ng. Q You say he wanted to write to your mother, is that it, to have them come back here for the funeral? A He asked m.e if I thought he should, ·and I said that's up to you. But ,----------------.-.----------- Geor2-etta Sim os on 75 he !_<.new where t? get in t~uch with her if he wanted' t~: > q Did you continue to visit with Mr. Wright .after that? ·A No. Q Did he ever· vis it you? e A No~ he didn't. ~ Q How many times has your mother been back here to.vis·it this area • ' ,1 ' ..... z o( > .I >-since that date, since 146, if·y~:m recall-? 'Ul z z ... II. . . A They came back once a year when they lived in Massachusetts. Sne i 0 1-~ lives in Beaver now, near me. z i Ul o( 3:: Q Do you recall whether or not Mr. Wright ¥isited your·moth;er in ..: u ii: Massachusetts when she was in the hospital?. ; . 1-en 0 e .I o( § A Nly sister told me that he came up. 0 :I .., Q Of your own personal knowledge, doyou .recall. that? Do you know of l: ~ til your own personal know ledge? ui a: Ill •· 1-a: A .I do know th~t he.went ~p there on two occasions. 0 L ... a: 1-Q Ori how many occasions? a: :I 0 u A On two occasions. I don't know that because I didn't live there. I .I o( 0 ·iL IL know my sister told me and my brothers.: 0 Q Do you know of your own personal knowledge that Mr. Wright went e and left the home and went to Wheeling or were you told that? A When· I went down I saw the things lying on the bed and he wasn't the e and he didn't--- Q He wasn tt in the house at that time? A He wasn't in the house. And during the time that we were getting thi 1gs · Geo rgetta SimP.~· s~o::..:n.:.._ _____________ --f_...:7:...::6:...' _. _. ready for the~ to go to Massachusetts, I.never saw·him. He wasn't ' .. • I • home in that length of time .. Q That was a matter of a day or two, is that corr.ect? A I had no idea. Possibly it. could have been crol!l e to a w.~ek, I'm not s·ure. Maybe two or three days. Q You remember when Lee moved into the home? A I don.'t remember actually, but I dq know that he---I· can't remerpberr . if he was there the day I talked to "Heavy" or no~. Q All right. '1I'3tcl.b's all. I have no further questions. THE COURT: You are excused. .. (Witness excused). JOSEPHINE WRIGHT IS RECALLED. DIRECT EXAMINATION BY lVlR. ROGERS: Q Mrs. ~right, you nave stated that on several occasions prior to 194 · that you were forced to separate or leaveyour husband, Columbus Wright. Could you tell us genera!lly why you were forced or found i1 nece~sary to leave? MR. TEMPEST.: If the Court pleasli I m1 ke an objection as being repetition. I think shers stated this three or four times. Of course, if you want to r:!Ut it down again--- THE COURT: . The ob'jection is overruled. Jo_s ephine Wright 77 The· other occasions were on cross examination and this is now direct examination for his case in chief. -. So we will permit it. I will .try to ke~p this. as 'pri~f as possible. THE COURT: Did you get the question, Mrs. Wright, about your .various 'times that you left Counsel wants to know about those~ Yes. I had left on account of him drinking and just carrying on and . fighting and so I'd just get discouraged and move out. I left twice -.. that I know of. And why did you re~urn? Because he'd come after me and he'd coax me to come back and he was going to quit drinking and everything would be nice. And I'd go back and it wouldn't be two weeks until he'd be the same thing all ·over again. Now you have heard this afternoon tJ:Iat your husband left you in Augu 3t of 1946. Right. Can you tell us, if you know, why he left you at that time? What waE · the cause of it? Would you tell us the circumstances surrounding his leaving, if you can: immediately prior to his leaving? A Well, it's just that he was drinking all the time and ~arrying on. Anc then he'd just, you know, want to fight all the time. And then when he ·had a fight with my son the night before, why, the next morning, 78 that's when he took off. Q F.ollow~ng this argument with your son? . . A Yes, that w~s the last~ Q And as I understand, you testified here before that he threatened you onthe evening prior to his departure and your son came to your aid. ~ A Yes. z <( > Q .... )o Ul Then your husband packed u.p·ar:ct le!t early the next morning. z .. , z A Ill II. That's right. .. i 0 .. Q ~ Did you or did you not ask your' husband to leave?. z x Ul A <( 3: No, I didn't. t-= 0 Q a:: ·~ -. , Did this come as a surprise toyou wh~n.he left? r-Ul Q A .... <( 0 Q Q ':I ., • Yes, it surprised ·me that he did ... Following this separ3:tion, do you know where Columbus went to afte % 1-" "' he left the house? ai « Ill A .. a: Mabel told me he went to Wheeling. That 1s all I know. 0 L Ill a: Q .. Mabel, I believe, is here in Court. a: :I 0 0 .... THE COURT: That's calready been testlified <( 0 ii: IL to. by this witness and the account has also been_giv~p. 0 by Mabel. So, we are not going to go· O\;'er that again· Q If the Court please, I now .rest: Cross examine. Josephine Wright 78 CROSS EXAMINATION BY MR. 'rEMPEST: Q The only thing I'd like to ask you is that you say-you_were surp,rised your husband did leave. A Yes. Q You. intended to live together then? ~ A I was just staying there. I had already heard he was getting his son z < > ,J >- moving in, so we didn't know what we was going to qo. Ill z .· z Ill II. Q You didn't intend to leave him then. You_ intended to live together~ i i 0 ... CJ that right? . ' z i Ill < A When I heard his son was going to be---he had already made arrange - ~ .,: !:! ments with his son to move in the house. 0: ... Ill .a e ,J < u Q When you heard his son was going to move in1 you_ decided to move . 0 :I out. .., X ~ "' A Right. ol a: Ill ... 0: G;· That's the reason you left then because his son was moving in . 0 II. Ill 0: A _Yes, when he moved in. .... 0: :I 0 0 ,J < u ii: 1&. 0 REDIRECT'EXAMINATION BY MR. ROGERS: Q Did you have any other reason for leaving at that time after he had departed? A No,. I don't think so. Other than him drinking and mental cruelty. Q Well, was he supporting you at this time? A No. He told me before that that if I got anything to eat I would furnish Joseohine Wright' 80 it myself beca~se he would never give us an~ther ·nicke~ fnor take 1 ' • ~ .. . ' - care of any of the bills. He gave-me to underst9-nd that. .·. ~ Q So at that time did you have ~ny mo.~ey at this time he left you? A Well, I had tha~ little'bundl~hhat I had got fr~m that farm and that's e the reason I think he was !Dad because he_·wanted it . . ,. ~ Q ~ow did you support yourself and your daughte:r when-she arrived in z < >" ..I -. Boston? ·. )-. Ul z z Ill D. ~ .: A I worked. I ha~ my two sons with me and· they helped supp?rt us: i 0 1-!.? . ·~· Q. Any other questions, Mr. Tempest? z x .. Ul· < 3: . - .,: 0 II: 1-Ul c e ..I < ij RECROSS EXAMINATION BY lViR~-TEMPEST: c ::> .... Q The reason you didn't sue him then f~r desertion and non-support. :1: .. " N is because you left him; is that right? ui a: . . Ill 1-II: A No. I was in Massachusetts,-and you couldn't do anything unless I o. D.-Ill II: 1- would come back here and stay in this county. That's what I was 'told· II: ::> 0 0 ..I that I'd have to liye here if !got an:y support out of him. So when I w s ' . ' -< ij ii: II. working and my _sons were working we got alorig' very w~ll. And I didn't 0 .· · -have' no excuse to .. e -. Q You never asked your husband for anything, did you? . A Only for the baby; only for the little girl. Q You never asked your husband for support for yours.:.1=rlf1?:' A Never. MR. ROGERS: Why not?· ~ z <1: > .J > Ul z z Ill a. i 0 1-Cl z i Ul <1: ~ ...: !:! I a: 1-!!! a -.J ~ u a :J .., X 1-.... N ui a: Ill 1-0: 0 a. Ill a: 1-a: :J 0 u .J <1: 0 ii: ... 0 ." ~ ·' ht 81 A ~~ never supported me before. - THE COURT: The testimony is closed. The Court will take the rna ter under consideration. (Proceedings Closed)· *******************~************* Testimony transcribed -October 13, 1971 I hereby certify that the proceedings and evidence are contai ed fully and accurately in the notes taken by me on.the hearing of the above cause, and that this. copy is a correct transcript of the same. 1c1 Stenographer cqueline Hammond The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to·re filed. Marino, 63-t 9 ·-l/6cf:' Form RCC...:'Zi13 .. \ • < COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS RESIDENT DECEDENT COUNTY OF .WASiilNG.T.ON .............................................. . IMPORTANT: This return must be completed in detail and filed in duplicate, with will attached, with the Register of Wills of the County where decedent resided; Return is due within one year after date of death, unless an extension is granted by the Secretary of Revenue. (Section 703 of the Inheritance and Estate Tax Ac.t of 1961.) Doris E ..... S..mith ............................................................... . Eucutor Administrator of the estate of the above-named decedent being duly sworn, depose s and say S (Month) ...................... , 19§.Q .......... ,J testate leaving a last will, copy of which is hereto attached. } (!lay) (Y...,r) l intestate Decedent dJed ..... A:qgy,,? 1::. ...... ~.9. .. , ..... . Name and address of attorney or} other authorized representative to whom all correspondence should be mailed. c ~yd,(;l G • ':f(;l1llP e? 1: 223 Second Street Monongahela Pennsylvania15063 . ' ' . That as such Executrix deponent is familiar with the affairs of said estate and the property con- ( Ex1~cutor-Administrator) Rtituting the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly with, or as agent or deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the exception of the following:- NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT None That the contents of said safe deposit box or boxes are itemized under Schedules _____ of this return, with the exception of the following, for the reasons hereinafter set forth: That Schedule A attached hereto and made part hereof sets forth full v and in detail all the real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It also sets forth the mortgage encumbrances upon each parcel of real property at the d~te of death, giving the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Schedule 8 attached hereto and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate possession, standing to decedent's credit in banks of deposit, savings banks, trust companies, or other institutions, whether individually, or in trust for any other person or persons giving also separately the accrued interest thereon, if any, down to the last interest day prior to decedent's death in the case of savings banks, and to the date of decedent's death in all other cases; all bonds, postal savings, treasury certificates or notes and other evidence of in- debtedness of the United States to the decedent; all obligations, whether by statute or agreement they are designated as tax free, of the United States, or any state, or political subdivision thereof, or rof any foreign country, which are owned at the time of death; all wearing apparel, jewelry, silverware, pic- tures, books, works of art, household furniture, horses, carriages, automobiles, boats, and-any and all other personal chattels of whatsoever kind or nature, left 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 possessed, of whatsoever nature, with interest thereon, if any, giving the face value and estimated fair market value thereof, and if such estimated fair market value be less than the face value, it sets forth briefly the reasons for such depreciation as to each item; all· moneys payable to the estate from life insurance polic1es carried by decedent; all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent; and all the corporate stocks and dividends due thereon and unpaid as of the date of death, bonds and accrued interest thereon to the date of dece- dent's death and other investment securities owned by the decedent at the time of death, with the market value thereof at such time. ' . 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 asset~ 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, and such other facts pertaining to the ousiness as may be pertinent to a fair and just appraisal of the decedent's interest therein must be submitted. It should also set forth in itemized form, together with the fair market value thereof, any other property owned or bequeathed by the decedent at the time of death, The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry contained therein and in the case of transfers ofproperty, real or personal, within two years of decedent's death, in contemplation of decedent's death, or intended to take effect in pos~ession or enjoyment at or after death, said schedule sets forth the nature and value of such property, to whom transferr~d, the relationship of the transferees to the decedent, the proportionate share received by each transferee and all other facts of a pertinent nature regarding said transfers. In the case of transfers intended to take effect in possession or enjoyment at or after death, there is also attached to the schedule a cony 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, which passes at decedent's death by virtue of the exercise by decedent, either individually, or jointly with another, or any power of appoint- ment vested in decedent, either individually or jointly, by the will, deed, or other instrument of another, with a copy of the instrmnent creating such power attached to the schedule. That Schedule D attached hereto and made part hereof sets forth the names and addresses of all persons beneficially interested in this estate at the time of decedent's death, the nature of their res- pective interests, their relationship, if any, to the decedent, together with the ages at the time of decedent's death of all minors, annuitants and beneficiaries for life under decedent's Will. It also contains a statement showing which of 'the beneficiaries named in the decedent's will, if any, died prior to decedent, the dates of their death, their issue, and the relationship of such issue to the beneficiary. That Schedule E attached hereto and made a part hereof sets forth all property, real and per- sonal, owned by the decedent jointly with another or others, including intangible, standing in the name of the decedent and others, plus the date and place of record of instruments effecting the vestiture of real estate and the date of acquisition of personalty, plus the name, address and relationship, if any, of co-owners to the decedent. That Schedule F attached hereto and made a part hereof sets forth' fully and in detail all debts and deductions claimed for and on behalf of this decedent's estate, including funeral expenses paid; family exemption, where applicable; costs of administration of this estate; counsel fees and fudiciary's commissions paid or to be paid; cost expended for burial trusts, tombstones or gravemarkers, and reli- gious services, in consequence of the death of the decedent; debts and claims owing and unpai.d at time of death; taxes accrued chargeable for period prior to decedent's death (except those allowed under Section 651 of the Inheritance and Estate Tax Act); together with a statement of collateral pledged for obliga- tions, if any. It is agreed that the fiduciary will present proof of said claimed obligations upon re- quest, that if the amount actually paid in settlement of any fee, commission or debt is less than the estimated amount 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 colmnns in Schedules "A", "B", "C", "E", and "F" as directed therein, have been carried forward'and properly registered in the Smnmary. j.Q~--d.~ --·----·--(Executor-Administrator) ........ B: .. ~ ...... P. .. ~ ....... ~.A .......... ~.Q.~ ...... ? .. ~.?. .. ::.A. ...................................... .. (Street Number) --~-c:. ~-?.·~-~-~A .. ? ...... ~.<::.~~-~--~ ........... 1. .. ?..9..:5..?. ........................ . (City or Town and State) NOTE: Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are filled in with details or the word "None", and in case the assets include rare and unlisted securities, securities of close or family corporations or an interest in any co-partnership or business, that the data and statements required under the paragraph above relating to Schedule "B" are attached. Also make certain that colmnn #1 in the "Summary" has been properly completed as above-directed. -~-------------------------------~ RCC-34.(1,64) , ' COMMONWEAL TH'OF PENNSYLVANIA . DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "A" REAL PROPERTY Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece- dent. Where property held as joint tenant or tenancy by entireties, report on Schedule "E". Property held by the decedent as tenant in common with another or others, should be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. The real property located In the Commonwealth of Pennsylvania should be described by lot and block number, street ond street number, together wl th a general description of the property, with a reference to the record of the conveyance by which the decedent took title; if a form state number of a- cres; also statement of mortgage encumbrances upon each parcel at death of decedent. Taxes, assessments, accrued Interest on mortgages, etc.,are to be listed on Schedule "F" and must not be deducted from this schedule. ALL those parcels of land situate in· North and South Franklin Townships, Washing- ton County, Pennsylvania, as follows: · FIRST: Lot Number 7 in the Revised Plan of Lots laid out by Owen Wright, by survey of J. T. Donahoo, Civil Engineer, dated September, 1945. (See Deed Book Vol. 698, Page 272). SECOND: A parcel of land containing 7.73 acres, more or less as per survey of J .. T. Donahoo, Civil Engineer, dated Septem- ber, 1945, and as shown on Revised Plan of Lots of the said Owen Wright. (See Parcel Second, recorded in Deed Book Volume 698, Page 272). THIRD: Lot Number 2 in the Plan of Lots laid out by Owen Wright, by survey made by Chaney Engineering Company, December, 1923. Total value of real estate (1) (2) ASSESSED VALUE FOR YEAR OF ESTIMATED DECEDENT'S MARKET VALUE DEATH Of<l?J_OZ. $3,990.00 $9,550.00 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. (3) DEPARTMENT VALUATION CAUTION (Do not write In this space) q s-so. oo ( RCC-35 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually by the decedent, at the time of his death. Property owned by the decedent jointly with another or others must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but payable at death to another or others, including but not limited to P.O.D. u. S. Savings Bonds and tenta- tive trust accounts, must be listed, despite the fact that they are not of the administered estate. Tangible person"al property should be listed first (e. g._ jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, ~tc.) Intangible personal property, such as bonds, treasu·r·y cBrtificates, cash on hand and in bank, stocks, mortgages, notes,· together with accrued interest or rl:lv:l.dends, salaries or wages, insurance pay- able to the estate or fiduciary in said capacity, partnership interests, interest in anyundistributed estate of or income from any property held in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed in this schedule. Item NO• ITEM List and describe fully UNIT VALUE ESTIMATED MARKEl' VALUE DEPARTMENT VALUATION (Do not write in this space) 1. 2. 3. 4. 5. 6. Veteran's Administration for marker Social Security Death Benefit burial and JJPAJ T !+ ! ~ f:,L('Z -m;3"; /V()A/ 1/l!A~J.£ -m.-::~: Protected Home Mutual Life Insurance Company Blue Cross Refund Nationwide Insurance Company Refund (Car Insurance) 1964 Dodge Sedan-Manufacturer's No. 7142610445 Total Insert this total opposite "Personal Property", Schedule "B" in X X the "As Reported" column on the last page of this return. $ 423.~ ~~,014.19 ~J: 7.10 36.50 < 3:,287.7~ ~ ~ 2()J, 79' ;so.oo I ~o 7. 79 I '· RC'C-36 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX SCHEDULE "C" T RA1'1 S FE ItS RESIDENT DECEDENT ( 1) (2) (3) Did decedent, within two years of death, make any transfer of any material part of his estate, without receiving a valuable and adequate consideration therefor? (Answer yes or no) No, Did decedent, within two years of death, transfer property from himself to himself and another or others (including a spouse) in joint ownership? (Answer yes or no) ___.N_._._.o'---- I:f the answer to (1) or (2) above is in the affirmative state: (a) Age of decedent at time of transfer ----------- (b) State of decedent's health at time of making the transfer. (Note 1). (c) Cause of decedent's death. (Note 1). (4) Did decedent, in his lifetime, make any transfer of prow~rt:; without receiving a valuable or adequate consideration therefor which was to take effect in possess) on or enjoyment at or after his death? (Answer yes or no) __ ~N~O:_ ____ _ (a) Was there any possibility that the property transferred might return to transferer or his estate or be subject to his power of disposition? (Answer yes or no) ____ _ (b) What was the transferee's age at time of decedent's death? (5) Did decedent in his lifetime make any transfer without receiving a val_u_a_b_l_e_a-nd-adequate consideration therefor under which transferor expressly or impliedly reserves for his life or any period which does not in :fact end before his death: (a) The possession or enjoyment of or the right to income :from the property transferred? (Answer yes or no) No (b) The right to designate the persons who shall possess or enjoy the property transferred or income therefrom? (Answer yes or no) N 0 (6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent alone or others ________________________________________________________________________ ~------------ (7) Did decedent in his lifetime make a transfer, the consideration :for which was transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) ~N~oL--- (8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change, because of a reserved power to alter, amend, or revoke, or which could revert to decedent under terms of transfer or by operation of law? (Answer yes or no) __ ~N~o~---- (9) If the answer to (8) above is in the affirmative, was the power to alter, amend, or revoke the inter- est of the beneficiary reserved in the decedent alone or the decedent and others? (Answer yes or no)~N~o ____ _ NOTE 1: The answers to these questions should be supported by affidavit by the attending physician as well as a copy of the death certificate. NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property transferred, it's fair market value at date of death, dates of transfers and to whom transferred, with relationship of transferees to decedent, if any. Submit copy of any trust deed or instrument, if trans- fers are claimed to be non-taxable, also submit detailed statement of facts on which said claim is based. NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E. ITEM DESCRIPTION N 0 N E Insert this total opposite "Transfers", Schedule "C" in the "As Reported" column on the last page of this return. MARKET VALUE (Estimated) DEPT. VALUATION (Dept. Only) T!::MPEST & SIMMONS 223 SECOND STREET MONONGAHEl-A. PA. BENEFICIARIES AND ADDRESSES (g) Esther Wright R.D. #1 Amity, Pa. (h) Cindy Wright R.D.#l ·Amity, Pa. (i) John Wright R.D.#l Amity, Pa. (j) Danny Wright R.D.#l Amity, Pa. (k) Jimmy Wright R.D.#l Amity, Pa. SURVIVED DATE OF RELATIONSHIP DECEDENT BIRTH INTEREST Grand-Daughter Yes one/fifty- fifth Grand-Daughter Yes one/fifty- fifth Grand-Son Yes one/fifty- fifth Grand-Son Yes one/fifty- fifth Grand-Son Yes one/fifty- fifth h ' RCC-37 (l2-63Y COMMONWEALTH OF PENNSYYLANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT BENEFICIARIES AND ADDRESSES State full names and addresses of all who ave an interest, vested, contingent or other wise, in estate) John E. Wright 20 Talmat.e;e Bound Brook, New Jersey Harold 0. Wrirrht \ ..;. .... SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or illegitimate children DECEDENT are involved, set STATE YES forth this fact.) OR NO Son Yes Son Yes 1051 Rollinrr HeiQhts AvE . Baltimore. Marvland Doris E. Smith Dau.e;hter Yes Box 252A McDonald. Penna.l5057 N!=~nrv P. Hn-f -f n!'lllcrhf"Pr YPc:. "" 1439 Sharon Road Beaver, Penna. 15009 Lee W. Wright Deceased 12/1/68 Children: (a) Helen Ford Grand-Daurrht er Yes 301 ~/2 Fayette St rva::>H.J..llbi.Ull' ra. (b_l Samuel Wright Grand-Son Yes R.D.#l Amity, Pa. (c) Rebecca Porter Grand-Daurrht er Yes R.D.#l, Amity, Pa. r;n Thomas Wrirrht Grand-Son Yes ' R.D.#6, Wash., Pa. (p) .Tnc:.Pnh Wr; crht-C::r!=lnrl-~nn YPc:. "':. R.D.#l, ·':' Amity, Pa. (f) Mark Wri P"ht Grand-Son Yes R.D.#l, Amity, Pa. (CONTINUED C N NEXT Pi ,• DATE INTEREST OF OF BENEFICIARY IN ESTATE BIRTH one-fifth one-fifth one-fifth nnP--fifrh one/fifty-fifth one/fifty-fifth one/fifty-fifth one/fifty-fifth nnP/-fi-frv--fi-fth one/fifty-fifth GE) Deponent further says that all the above-named beneficiaries are living at this time except below: NAME D.ATE OF DEATH RESIDENCE Nn excentions other than tated above. Will Administration ( No. Year ........... . D< THE ~lATTER OF THE APPRAISEMENT OF THE ESTATE OF Deceased Late of. County of Commonwealth of Pennsylvania REPORT AND APPRAISAL . V' d '. 0 0 1\' 0 .L 0 ~~I il S V /;\ S lll/t\ .:1 r. l}J t S I~ 3 tJ o :~ J ~; • •. ! ·, ; ; :, ;· rw L z. r :-i;.'J ci I . 'ii111 I L 'f (': . ,. ! '-' .. " ~ ~,-~.f (Executor-Administrator , must complete "As Reported" columri #1.) 0 .... 0 "' "' ...., ~ ~ Cb t'%:1 "' ...... ~ ...... (1) ...., "d ::x; .... (1) (1) ~ .... ~ ::l 1:3 ....... ~ ::l "d (1) ~ .... ........... 0 "' '0 w ?"' r5 : ~ ~ .g ~ ~ ~ (J) (J) (? (? ?"' ?"' cj ~ : (J) c: ~ ~ > ::x; >-<: ~~-(,0~~~ ~ •<0 .;,. :~ :~ ·~ ~ ~~(",.a-- : ~~ \..' ·~ ~ ~-('1).-.._ .~ ~'g..':: ~·~~ ~·~~ ~-~ -(,0 ~ -fP. ~ ··~·· '~ ·~· ~· -~· ~. .. > ~"""' . "~ u .t-.. ·~It~ ·~ ....... ·~ • It tv .. ""1._ '-'-. N3 ··'l '-.,.}-· . ~ == ~-~~ • ) ,_ I RCC-38 COMMONWEALTH OF PENNSYLVANIA THANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "E" JOINTLY OWNED PROPERTY INSTRl'CTIO!'iS: This schedule must disclose all property, real and personal, owned by the decedent jointly with another or others, including intangibles, standing in the name of the decedent and others. List real estate first, as entireties, or joint tenants, giving brief description, as indicated under Schedule "A", plus the date and place of record of instrument effecting vestiture, but do not include entireties or out of 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-owners to the decedent. Description of Property, Date of Acquisition, Name! Address and Relationship of Co-Owners, and Place I of Record of Instrument, where Real Estate. ! N 0 N E Unit Value Percentage Share Estate Valuation Insert this total opposite "Jointly Owned Property", Schedule "E" in the "As Reported" column on the last page of this return. DEPARTMENT VALUATION CAUTION-Do not Write In This Space. Value of Entire Property Value of Decedent's Interest ~ 63-ic~ -;!~~ Form ~C ('.;.10->·"·-l · DE CT ONS ALI:O ED IN ' $4200.72 .. • •' OFFICE OF TME STATEMENT o'F DEBTS THE SUM OF . . . . . . . . . . . . $ .m . REGISTER OF WILLS WASHINGTON AND DEDUCTIONS ~······· OF COUNTY AND AGENT OF THE COMMONWEALTH (~J-b 9-(/t0 c-~;A~.@ t~ Register o01fills, Agent ESTATE OF Columbus F. Wright LATE OF South Franklin Townshi~2 Penna. DATE OF FILING APPRAISEMENT~ v \.... y } 0} 1 }91 1 ·OAT&: OF DEATH Auv, ~&. ~~~~ DATE NO. OF NAMii: OF PAYEE REMARKS AMOUNT s N N N D e..JLt 9 ov.ll ov.l2 ov.l2 ec.2 ar.ll VOUCHE't 1969 1969 1969 1969 1969 1970 dd11 Counsel fees for hearing,$12 Russell Marino Pa. Dept. of Revenue Washington County Reports Observer Publishing Co. Robert Gordon Funeral Home Kurtz Monument p.OO; Notices,$30.00JCourt costs ~~~2.50 Letters of Administration 13 Auto Transfer 7 Advertising Letters 14 Advertising Letters 14 Funeral Expenses 1,649 Grave Marker 295 M M A A ar.lL 1970 Washington Hospital Ambulance Service 25 lnr. lpr J J an.l2 an.1!2 J an.12 :. ' r eb.24 F J J J 0 J J J J J J J J unel3 un.13 uly 6 ct.16 un 9 Jul v rul v fu]v ulv uly ulv ulv 1970 County & Local Tax Collect01 1969 Real Estate Taxes 158 -1970 County & Loeal Tax Collecto1 1970 Real Estate Taxes (204 1970 Sears & RoebuckS Hot Water Heater ' 79 1970 McVehil Plumbing Company Plumbing supplies & fittings 52 1970 J. R. Bird Labor to install plumbing 20 1970 Sears & Roebucks Water faucets 12 1970 Scottv's Store Washington, Pa. -Fittings 9 1970 Guzzel's Hardware Pipe & Fittings 46 1970 David Huston & Sons Water Line 94 1970 Washington Paint & Glass Roof Paint 12 1970 Henry P. Bennet. Wash. Pa. House Appraisal 50 1C:l71 Russell Marino. Register Filing Inventory 4 1971 Russell Marino Register Filing Account 16 1971 Clvde. G. Temnest Atty fees Attorney Fees 600 1971 Doris E. Smith Administratrix's Commission 550 1971 Francis Wright Real Estate Commission 100 1971 Lawrence R. Zewe, Attorney Proration of 1971 taxes ( 75 1971 John Mazza Realty Transfer taxes 191 TOTAL ______ ., v. 4,292 COMMONWEALTH OF PENNSYLVANIA } COUNTY OF WASHINGTON Sll: 1 ---------------------------DORIS E. SMITH --• ' HEREBY CERTIFY. THAT. TO THE BE.T OF ~y KNOWL!OGE AND BELIEF, TH! FOREGOING IS A JUST AND TRUE fl,fATf;!'lfENT t;)F DEBTS, FUNERAL EXPENSES AND EXPENSD OP' ADMINISTRATION SUBMITTED TO THE ESTATE OF COlUmOUS 1' • Wr1gnt ------------.,,-.::::.._-----..OEC&AIIED, AS DEDUCTION$ FOR INMERITANCE TAX PURPOSES. ;.a . ~~ 15th ~ "'---CL. 5.) SWORN AND SUBSCRIBED BEFORE ME THIS DAY Of" 4'd:JULY IV 71 ~~- 00 00 00 00 00 00 00 61 o8)' 36 18 64 36 36 OS 32 ~4 00 00 00 00 - ~90 00 6'9) 00 99) .. I I - :: '. I· :i .) . ~ ~- ' ,) (, it . '•j ... \ .. ,; l• ~·- .,.',i. .I .•' l ., ... --. ,.'\' .' . .. R C C-81 (2-64) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION NOTICE OF FILING OF APPRAISEMENT DORIS E. SMITH ~Administrator) IN YOUR REPLY PLEA8E REFIER TO 38-16-1 In Re : Estate of ---=C.::.O=LUMB=:..:U:.=S:._:_:WR=IG=.:Hl'=-_.::a:L/.!!kt..:./ a~----- _____ w.:.=:-A.::S:..:..:H=IN:=.:G::.::T:..:::O=N _____ County-File No. 63-69-1165 Dear Mrs. Smith, You are hereby notified that the ____ ~oar~i~g~ina~~l ______________ __ appraisement in the estate of COLUMBUS WRIGHT has been filed in the office of the Register of Wills qf WASHINGTON County on August 6 , 19~. Said appraisement reflects the following valuations: Real Estate 9;550.00 Personal Property~1~1~2~07~.47~9~--------Transfers _________________________ __ Total 101757.79 As to such tax that is paid within three months from date of death, a five (5%) percent discount is allowable. As to any tax that remains unpaid after one year from date of death, interest at the rate of six (5%) percent per annum is charged. Any party in interest who is aggrieved by an appraisement may appeal therefrom as provided by law. Date ____ A_·ug~u_s_t_6~'~1~9~7_1 ____ _ Signed ~./ ~-1~ Title MADELINE FINNEY, APPRAISER I DATE OF DEATH: August 26, 1969 Note: This is not a bill. j I Fonn RCC-2 I :;~"" COMMONWEALTH OF PENNSYLVANIA DATE ............. Augu~t. .... 6.., ..... l97.l ........... -················ . I DEPARTMENT OF REVENUE RESIDENT INHERITANCE TAX WASHINGTON . COUNTY BUREAU OF COUNTY COLLECTIONS .............................................................................. ................ HARRISBURG, PENNA. 7 7 7 2 7 APPRAISEMENT FILE NO • ...... 9..2.~.~~!!9..? .............................................. Whereas, ....................... ............... G.Q~~.V.S. .... ~JG.I.IT. ........ ~/~1~ ................................. late of SOUTH FRANKLIN TWP. ............................................................................................................... , . in the County of ............................................ W.~S..H.~G:T..ON .......................................................... Commonwealth of Pennsylvania, having died on the .............................. ?.?.~?. ................................................... day of ................ .4\:ug:us.t ......................................... 19 .... 6.9., seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore, I, MADELINE FINNEY an appraiser duly appointed according to law, ...................................................................................................................................... , having been designated to make a fair and conscionable appraisement of the said estate, and to assess and fix the cash value of all annuities and life estates growing out of said estate, hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. Unit Appraisement Description of Asset Values Made for Inheritance Tax Purposes $ REALTY: SEE COPY OF SCHEDULE "A" ATTACHED TO APPRAISEMENT 9,550 00 PERSONAL: SEE COPY OF SCHEDULE "B" ATTACHED TO APPRAISEMENT 1,207 r?9 total 10,757 79 ! : Having been duly sworn according to law, I do h~reby certify that the above appraisement is made in con-' formity with law on this .......... ·~·· day of ............ ···········~~·················, ..... 19 ... ~ ................................................................ ~ ........... ~ .... Appraise ································································································ ....... ..................... ·································· (Number and Street) ................................................ 0. ... ~ .............. , Penna. (Post Oftlee) I WASHINGTON County RESIDENT INHERITANCE TAX APPRAISEMENT Estate of .COLUM.aU.S. .... WRlGJIT......... . ....................................... . Deceased. Late of SOUTH FRANKLIN TWP • .................. , .....................................•..................................................... Date of Death, ............ ~?~.9.9 ........................................... . Appraiseme11t Docket Vol., ............. .3.JL ............................. . Page, ....... ~.~::~ ......................... No. .f??..~§..9.~;1J..f?.2 .......... . Filed in Register's Office, ..... l\.~~~ .... 9. ...... 19.7+. .. . Amount of tax due, $ .................................................................... . DEPARTMENT OF REVENUE Received, Examined and Approved, Wrote abo.ut Appra-isement, Appeal f1'om Appraisement, Entered and charged, J .. ' RCC-39 (5-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY Estate of WRIGHT (Last Name) COLUMBUS (First Name) a/k/a DATE OF DEATH 8-26-69 FILE NO. 63-69-1165'. (Initial) REPORT OF INHERITANCE TAX APPRAISER I, the undersigned duly appointed Inheritance Tax Appraiser in and for the County of __ W_A_S_H_I_N_G_T_O_N _______ _ Pennsylvania, do respectfully report that I have appraised the real and personal property as reported in the 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: --"A=ug=us=t.::........::6"-2,~197.L...!....:l=------~·~ '~ -!.--L..=..!:~I,:::JN!eH::::E~R~I T.::::A:.!:N~C~E-T==-A-:-X-=~=-A.::::P=-:P~R:::.A.!-::::IS::::E~---.,pfU-.v=· REPORT OF THE REGISTER OF WILLS I, the undersigned duly elected Register of Wills in and for County, Pennsylvania, do respect- fully report that I have allowed deductions in the amounts claimed by deponent, except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F", which greater or lesser amount represents the sum allowed as a deduction. Dated:-------------REGISTER OF WILLS INVENTORY Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or annuities . . . . . . • • . . . . . . . . . . . $ ______ +--- ESTATE TAX ASSESSMENTS $ _____ ..L__ FOR USE OF REGISTER ONL,Y COMPUTATION OF TAX Tax on$ 2% $ _______ -+-- Tax on $ ---------+--..&..f"~ Tax on$ 5% $ ____________ ~--~ $------------~---Tax on$ 10% $ _____________ 4---- Tax on$ 15% $ ______________ ~_ VALUE AS REAPPRAISED $ ____________ ~--- ~~ptioos * Total Estate _______ ___,.___ TOTAL TAX $--------------~--- (*) _ As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. Less tax previously paid $=====~== BALANCE $-----+--- Less 5% of tax if paid within 3 months after death $========= BALANCE OF INHERITANCE TAX DUE $ ---------+---- Add interest at rate of 6% from ---------to ----- AMOUNT OF ESTATE TAX ASSESSED $-----+-- Estate tax paid $ ________ .-~ __ _ BALANCE DUE Add interest at rate of 6% from -------~10-------- $ __________ .-~ __ __ $ -------+--- TOTAL TAX BALANCE $ --------+----PAID $ _____ ....J_ __ FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE: Where subsequent adjustments are made to the above computation of tax by the Register of Wills, for proper reason, same should be noted below, with short explanation. Will Administration ( No. IN THE Year ........... . MATTER OF THE APPRAISEMENT OF THE ESTATE OF . . . .COLUl-llllJS ... WR.J:G:l!T .. Deceased Late of . . SOU'l'H ~IN TOWNSHIP County of . . . . . . W.J\S}JINGTON Commonwealth of Pennsylvania REPORT AND APPRAISAL ,. ' ,· i I 6 .---__.,.---~~-_,.---.. ---~--..... ---_, .. ____ .=-~.-_,=_,~--------------.--.., _____ .._._-. _ _, _ _,_~~---------------·-----------= .. -·=·····--...... 1 ·COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE . .. .. OFFICIAL RECEIPT • PENNSYLVANIA INHERITANCE AND ESTATE TAx·• RECEIVED FOtJa ijJ.J!lDREI) '!Wnl'.CY QNli' aDd. 00/100 DORIS E. SMI'.tH..,.J\.DMR. I t 'X ·dollars representing Pennsylvania Inheritance or Estate Tax due from the following estate: From:_J~~~~~ES~~~Jtln~--------------.----------=::~~~~~~~~~~~~~~-----------lil 2% Tax on $ __________________ "------------1;1 6% Tax on $ 6,5S7.fll File No. 6J•6<)wlJ.6j Date of D 15% Tax on $-'-----------$ _______________ _ % Tax on $ _______________ $ _________ _ County ________ ~~~~~~----------------~ Remarks: S E A L NOTE: This Triplic~te Receipt to be retained lor audit .purposes. 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 ll-•26-;?0 to DA'l'E TOTAL AMOUNT PAID ' · ~g..,'l'-.1 Received NOTE: In accepting the transfer inheritance IG'x an~re estates, prior to the death of th tenant or tenant far years, as evidenced by this receipt, it is understood that the Commonwealth $ ______________ __ $'----43¥93"h.,b;.J¢.6---- $ _______________ __ $•-------.Z?~.f-e•;J<SBQ---- $=====h/;2;ii;;ilrn..a00~. == not be precluded or prevented from hereafter assessing additional inheritance tax at the death af,!h life tenant or tenant far years whenever it appears that such additional tax may be legally due and··:=;· ~~:V::~b*:_-:;;;;-~'!f.--(-;tZ:;t;:;t;it~'I-------IIJII collectible for reason whatsoever. I i ~...-.. -..... -... -.a-----~----.. -_, .... .;•;....' _..__,_ _ _, _______ ..._,_,__------=+=---" ....... ---_....._--~J