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HomeMy WebLinkAboutOC1969-1253 - ESTATE OF MCROBERTS'"' ~ . ~' II N THE COURT OF COMMON PLEASpFWASHINGTONCOUNTY,PENN'A. ORPHANS '.COURT .DIVISION No./~S-3 iJ //ltt4-, 1 IN RE: ESTATE OF ;0 GRACE LOUISE McROBERTS, an alleged incompetent. ,~ I PRELIMINARY DECREE and PETITION FOR GUARDIAN =z ~__."_-'..~1'. <.Jt"Je::;, ~i ""T"v;.j;i'1 =; LQ to ~.. ..~=--~~<:::::)~~i. ~=$ c;:) '~:·~7~,.J rl <./')<n ~.::ri!i .;;.,.r £..) ~;;til '~J'"~~i"'lt,}fit f;J-;;~(.. 2 Q y"~~.,?~ ~P"<',~~o ~!;..J,.-.,-.'~-..,r~~,-;""0-"""""£n 0 .-' ~t.l ~ J~~~~\\J~J •" '\:, ~ <--. } /. .,. "I' ~:T~~ ~~-t'~.~~ -G'~~~ ~JI~ c7/}?e/J.;tJ-7707- /~~-...§YI IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION In re:Estate of Grace Louise an alleged incompetent McRoberts,) ) ) No.----------- PETITION FOR APPOINTMENT OF GUARDIAN TO THE HONORABLE P.V.MARINO, PRESIDENT JUDGE OF SAID COURT: The petition of Howard F.Carson respectfully representst 1.That petitioner is the Attorney for the alleged incompetent in her fiduciary capacity as Administratrix of the Estate of J.Raymond McRoberts,deceased;that he is also the Attorney for the alleged incompetent in her individual capacity; that he is a member of the Bar of this Court;and that he resides at 405 Lookout Avenue,Charleroi,Washington County,Pennsylvania. 2.That as an officer of this Court your petitioner believes it to be his duty and obligation to bring the matters hereinafter set forth to the attention of the Court. 3.That the said Grace Louise McRoberts is 41 years of age having been born February 11,1928,and her home is in West pike Run Township,Washington CoqPty,Pennsylvania. 4.That the said Grace Louise McRoberts was appointed Administratrix of the Estate of J.Raymond McRoberts by the Reg- ister of Wills of Washington County on March 12,1969. 5.That the administration of said Estate has proceeded slowly due,at least,in part,to the inability of said Grace Louise McRoberts to be satisfied with prospective buyers for the real estate jointly owned by her father and herself at the time of his death. 6.That the said Grace Louise McRoberts because of mental infirmities of the stress of suddenly finding herself alone in the world with no near relatives of close friends has found herself subject to the influence of others who she believes are des~ping to appropriate and make off with her goods,money and property. 7.That your petitioner believes the said Grace Louise McRoberts is liable to dissipate he~estate or to become the victim of designing persons,or both. 8.That the estate of the said Grace Louise McRoberts, so far as your petitioner knows,is as follows: PERSONALTY: a.Checking Account 4 350374 in the Charleroi Office of Pittsburgh National Bank having a present balance of entitled Grace Louise IMcRoberts,Admrx., of Estate of J.Raymond McRoberts,Dec. ,,, $2,869.47 b.Savings Account #209-30-9875.01 in the Washington Office of Mellon National Bank and Trust Company having a balance of 2,127.61 entitled Raymond McRoberts or Grace Louise McRoberts. c.Savings Account #209-30-9875.02 in the Charleroi Office of Mellon National ~ank and Trust Company having a balance of 1,297.20 entitled Raymond McRoberts or Grace Louise McRoberts. d.Savings Account #-179-30-1282.01 in the Charleroi Office of Mellon National Bank and Trust Company having a balance of 49.24 entitled Grace L.McRoberts. e.Savings Account #26969 in the Washington Office of Pittsburgh National Bank with said account having a present balance of plus accrued interest since October 1, 1968;this account is entitled Raymond McRoberts or Miss Grace Louise McRoberts. f.Savings Account #13137 in the Charleroi Office of Pittsburgh National Bank with said account having a present balance of plus accrued interest since October 1, 1968;this account is entitled Raymond McRoberts or Grace Louise McRoberts. 9.Savings Account #22193 in the First Fed- eral Savings and Loan Association of Washington,Pennsylvania with said account having a present balance of plus accrued interest since December 31, 1968. h.The alleged incompetent has other items of personal belongings,household furni- ture,etc.,but as she claims her home has been broken into several times and items s~olen,the extent and value of her said personalty is unknown to petitioner. Total known personalty - 2 - 4,944.33 1,603.73 382.58 $13,274.16 ..' REALTY: FIRST:One acre and 51 perches of land situate in West Pike Run Township,Washington County,Pennsylvania,which premises are more fully described in the deed from J.Raymond McRoberts,a widower, to J.Raymond McRoberts and Grace Louise McRoberts,his daughter (the herein alleged incompetent),as joint tenants with the right of survivorship,and not as tenants in common;said deed was made February 3,1967 and is recorded in Deed Book 1253,Page 235.Said.I premises were assesed by Washington County at $190.00,and hence had a probable market value of $570.00,but,as there is a two story four room frame house on the land which is in very bad con~ition,which your petitioner has personally seen,your petitioner believes the probable market value to be $1,000.00. SECOND:150 acres,more or less,situate in West Pike Run Township, aforesaid,which premises are more fully described as tract "SECOND"in said deed made February 3,1967. THIRD:19.1649 acres situate in West Pike Run Township,aforesaid, which premises are more fully described as.tract "THIRD"in said deed made February 3,1967. Said tracts SECOND and THIRD are assessed as one unit as 169.164 acres by Washington County with an assessed valuation of $7,500.00. Your petitioner and the alleged incompetent have had tentative offers for these two tracts varying from $30,000.00 to $40,000.00, hence your petitioner believes the probable market value-$3S,000. FOURTH:Lots 99 and 100 in the Addition to the McCormick Plan of Lots of Bentleyville.Said Lots are more fully described as tract "FOURTH"in said deed made February 3,1967.A two story four room frame house is upon said Lot 100.Lot 99 has an assessed valuation of $15.00 and Lot 100 has an assessed valuation of $590.00.Your petitioner has examined these lots and the house and is of the opinion that said house and lots has a value-$2,SOO. FIFTH:3 acres of land situate in West Pike Run Township,afore- said,which is more fully described in Deed Book 651,Page 407. These premises are in the alleged incompetent's name alone;they have an assessed valuation of $70.00 and a probable market value of $300.00. Total of known realty 3 $38,800.00 claimed conferences. made references to various members of the Court of Common Pleas 10.When confronted with such letters the alleged in- .. Letters were written to Raymond R.Myers and Thelma9. with the Honorable P.V.Marino and your petitioner.Your and has the obligation of believing his client's statements con- written without her knowledge on consent.These declarations were petitioner has no expertise in the field of handwriting comparison made on Thursday,November 6,1969 during an informal conference their estates.None of said Judges had any knowledge of such ting that the alleged incompetent had conferred with said Judges cerning said let~ers,but it must be admitted that the writer of relating to various matters involving her father and mother and of Washington County,including the Orphans'Court Judge,indica- been written and signed by Grace Louise McRoberts.Said letters competent declared the letters to be forgeries and that they were Myers on or about October 30,1969 which were purported to have said letters did have knowledge of certain matters pertaining to the Estate of J.Raymond McRoberts,Deceased. 11.That during said conference with Judge Marino the alleged incompetent repeated her previously expressed desire to have a Guardian appointed to care for her Estate. 12.'That also during said conference in reply to your petitioner's inquiry Judge Marino indicat~d the desirability of the alleged incompetent being examined by a physician of her own choosing;Miss McRoberts then stated that she preferred being examined by Dr.Ralph S.Blasiole. 13.Arrangemen~s were made by your petitioner with Dr. IBlasioletoexaminethealleged incompetent and to report his findings to the Court at the mutual convenience of the Court and Dr.Blasiole. 14.That the alleged incompetent's next of kin is John P.Carson of Waltonville,Illinois;he is an uncle being her mother's brother.There are cousins in various degrees living in Washington County,including the above mentioned Thelma Myers of Bentleyville,Pennsylvania. 4 ..,.. 15.That the proposed guardian is ,r said proposed guardian is not related to the alleged incompetent and has no financial interest in nor any claim against the Estate of the alleged incompetent. 16.No other court has ever assumed jurisdiction in any proceeding to determine the competency of the said Grace , Louise McRoberts,and the alleged incompetent has no guardian of her estate or person. 17.There is attached hereto a"Consent and Joinder" which was signed by the alleged incompetent in the presence of your petitioner,however,this Petition had not been prepared at that time,hence,the alleged incompetent has never read this Petition.It is most doubtful that she wou~d fully comprehend its significance.The ."Consent"is marked "Exhibit A". WHEREFORE,your petitioner prays that a citation issue directed to the alleged incompetent with notice thereof to John P.Carson,the next of kin,to show cause why she should not be adjudged an incompetent and a guardian of her estate be appointed. Howard F.Carson A F F I D A v I T COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ) SS: Before me,the un4ersigned authority,a Notary Public in and for the aforesaid Commonwealth and County,personally appeared Howard F.Carson,who,being first duly sworn according to law, deposes and says that the averments contained in the foregoing petition are true and correct. Howard F.Carson Sworn and subscribed before me this day of NoveJuber,.1969..,;../.~' ~~"<,'~'>/2 ..,../f \.(....'.' !?t:,?,:1"~"fUz/J:J.d?~Not~:t)J/PubYic'J ./'..""".My CommJ'ssion.Expires: CATHY JEAfJROSmtiiN:.,mi~l\RY .PUOLlC'~ CHP,RLEROI BORO'~'WASHl(JSTON COUNTY My COMfv1iSSior;EXPIRES MARCH 12,1973' Member Penn,y(vania Assn.of Notarial ·,.,.,.;; CONS E NT A ·N D ~. ,.' J :,:0 I N D E R AND NCW,this 7M day of November,1969, I do hereby consent to the foregoing petition of my Attorney and friend,Howard F.Carson,Esquire,to the Orphans'Court Division of the Court of Common Pleas of Washington County,Pennsylvania, for the appointment of a Guardian of my Estate,real,personal and mixed,and I do hereby join in the prayer thereof. xt....f.:...2h 7&L t;,(SEAL) Grace ~ise McRoberts Exhibit A COURT OF COMHON PLEAS 1969of1253NO.ESTATE OF DIVISION' JJn ID11r ®rpl1au5 9 QIourY of Iht!l~tttgtnu QIouuty.Jru119ylnania (( ))((. )itt·t t'")GRACE LOUISE McROBERTS,(~tn'1IlU( AN ALLEGED INCOMPETENT 1 ) \ "IN RE: (!tommouwrnlt4 of Jruuliyluania l65: Qruuuty of lIul1qiugton ~ To:GRACE LOUI SE McROBERTS, an alleged Incompetent Sur Petition of:HOWARD F.CARSON 2 Attorney for the Alleged Incompetent, in her fiduciary capacty as Admi.nistratrix of the Estate of J.Ra.ymond Roberts,deceased;&also the Attorney for the alleged incompetent in her individual capact~rrrtittg: IIr (!!nntutUU~lou9 G_RA_C_E_LO~U_I_S_E_M_c_R....;..O-,-B_ER_T_S~,~ that,laying aside all business.and excuses whatsoever,you do file in the Division office of the Clerk of our OrphansI Court'of Washington County,a full and complete answer,under oath,to each and every of the averments of the said petition,on or before _~M=-=o.=.;:n;..:::;d..::.;;ay.u..-__.'the 8th day of _--=D::....;e::;...:c:...:e~m=b~e.:..r__~ .19 69,at 10,:00 o'clock L.M.,and show cause why the said GRACE LOUISE McROBERTS should not be adjudged an incompetent and a guardian of her estate be appointed; and further abide the order of our said Court in the prem.ises, If you fail hereof,the petition may betaken I?RO CONFESSO and a decree made against you. WITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna., HOWARD F~CARSON,Esq. Attorney for Petitioner. Charleroi,Penna.,_ (Seal)15022. "'~..,. ,. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION IN RE:Estate of ) GRACE LOUISE McROBERTS,)No.1;'S-:3 -Z!f'~~ an alleged incompetent ) PRELIMINARY DECREE AND NOW,November -I!2-,1969,upon consideration of the annexed petition,it is ORDERED AND DECREED that a Citation be awarded,directed to Grace Louise McRoberts,to show cause why she should not be adjudged an incompetent and a guardian of her estate appointed;hearing to be held in the Orphans'Courtroom ofl«.~) the Court House in Washington,Pennsylvania,0/1 N~e'E'!b',tl../d::!!::.'!:I:loC"'i( 1969,at 10:C"-c'7 o'clock.,;f;.1'f" At least 20 days'notice of the hearing shall be given to Grace Louise McRoberts,the alleged incompetent,by personal service of a copy of said petition and citation,and by service of notice with a copy of said petition and citation upon John P. Carson by certified mail.