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Home My WebLink AboutOC1970-0061 - ESTATE OF MCVICKERI t ..r::;._t..;:.:o. .; PETI"f110N SUR AUDIT IN THE ORPHANS'COURT OF WASHI~G~ONCOUNTY A.ALLAN McvtCKER AIKIA Estate of 1\L.EXl\ND.ER..~.•...MCV.ICI<;E.~No ~J 9.t ..J:.~.7.Q A.A. ...........:Fiduciary..W~.$.t~.+.D p..~,N~.tJ9.n~J..J?~D.~.L.~~.~9.~.tor • • • • • • • • • ••• •••••••••••••••••••-•••_.-••••--••••&•••_••••,••••-••~-•••••••_,••••••••~••••'••••••- --••••-••-••••••••- _••• Deceased Dote of Dote of . . Decedent's death ~J~m.U~x:y.?~.,.l.~1.1 Grant of Letters M-.~~.9.h..J.I J.~.7.J.. This is th~~f.!.f~.t:~.ng..J·.:!·J~.~J:._account filed in this estate If there have b~en former accounts filed in this estate,list file number or number and term..__NQn.~,._. ....._a _.._~a a ___a.___a -___ - --..- - -__:'-- --:. Election to take Under or'Against will.(cross out one) Date Election Place of;. Filed _ _Record _ . Name of surviving spouse.._____~~J~.~~.~y.~~~.~.:t;~:- - -------.-- . List issue,where mater;al: Did decedent marry after execution of will?(indicate)Yes.No.Any children born after execution of will?{indicate} ~e:~o.'f~~s~e'~~s:~~:~t~~:~:::·::....:.......:·::I Legatees .Relationship Interest Fiduciary,if not sui 'uris Janet Ann Gibson Lloyd Mcvicker Allan Robert Mcvicker David McVicker Hilda McVicker After death af wife,Hilda l~Lloyd McVicker,son 2.David Mcvicker,son 3 ..Allan Robe·rt MCVicker, niece son grandson son wife McVicker, grandson $2,000.00* 1,500.00 1,500.00 1,500.00 See paragraph (4) dtd 12-28-70 each of the following of Agreement are to get 1/3: (See will attached) List any exceptions to above legacies:Adeemed:Revoked:Lapsed:Abated:Give'Causes: See paragraph (4)of Agreement dated December 28,1970 which is attached. *See attached assignment of Legacy by Janet AnnG~bson. If ony partial intestacy,give facts: Notice to inter£'st~d parties.Have all parties,having either vested or contingent interests and all creditors entitled o to notice (Court Rule l'~o.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account and of call of audit:>Yes.No. If any exception give'cause:~9..n~. Attach copy of form used and i give dote of moiling such notice ~.~c:::~~?~~!.~~.~!:::. '---'~-""".,.C',.,;...-,-~,~••..•~,",.,. Is estate or any portion subject to Federal Estate Tax?~~.~~.~~e note below.......................................................-. Is estate or any portion subject to Personal Property Tax?yes . Has Pennsylvania Transfer Tax been paid?y.e.?.Amount $. If any portion of estate subject to life-estate,give nome and birth dote ". ••••••••:••_••_••••••_••••••0 --.._.-.-•••••-•••••••••••0 0 •••••__•••_0 _0•••0 ".__0 _••••••••••••••••••••••••• Give Names and addresses of allunpa.id creditors who are legally entitled to notice,together with the amounts of such claims and .whether or not they are admitted to be correct: Bertha McVicker 602 Church street Elizabeth,penn·sylvan ia 15037 $10,327.15 As Guardian of the Estate of Allan Robert McVicker,Grandson,we request the Court to make this decision to pay Bertha MCVicker,Wife of David, this claim. Give reference to such ports of the will as require interpretation by the Court;a reference to all questions re- quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudicati~n: .None ~." List any advancement or distribution on account that has been mode,and nature and amount of some:..> Allan Robert McVicker,Jr.,western Allan Robert McVicker,Jr.,western (bequest) David o.MCVicker,household goods Balance for distribution per account, Itemize any additional debits not shown by account: See attached listing. Total additional debits Itemize any additional credits not shown by account: See attached listing. Pa.National Bank,guardian account$5,000. pa.National Bank,guardian account$1,500. 846. $7,346. . $.!.?!..~.~.~.~.~.~. $~}~.~.Q.?. Total additional credits $.._..~.!}.~~.~.~~. Balance for distribution $T~.!.4.?~.~:~~. If balance for distribution is not in cosh,list each item held in kind,giving appraised Value:. See attached listing. *The Internal·Revenue Service has not accepted the claim of Bertha McVicker in the amount of $10,327.15 as a deduction for Federal Estate Tax lillrpose~·i.lnLcrn<.l1 Rl.'V0nUe is also disputing the .deduction for $9,500.00 11,1 i d La ui lel ..1 MeV ickc r i.n lil..:~u of her waiving ou t her mari ta 1.rights pcr agreement dated December 28,1970. {, I \."" ~.J~'.-.~..\~-..~;:O'•.1',,'-...~>#,.,.:, ·A.'Allan McVicker -Estate Petition Itemize ·.any additJonal debits not shown by account:· ,10/2/72 10/4/72 . 7/72 &10/72 10/72 8/72 &11/72 9/72 9/72 Fort pitt Federal Savings and Loan Assn., savings account interest Merck and Company-dividend . Duquesne Light Co.-dividend W.T.Grant -dividend Kennametal Company G.C.Murphy Company -Hammond corporation $135.38 163.90 124.50 37.50 46.74 15.00 15.0.0 $538.02 Itemize any additional credits not shown by account: Income Distributiom to: -I.Western pennsyl~ania National Bank,Guardian for Allan Robert McVicker,Jr.$1,342.15 '123.~David o.McVicker 1,342.15 Lloyd A.McVicker 1,342.15\,4.Western pa.National Bank,additional income compensation 31.38 5.Register Df Wills,c6sts of filing'inv~ntory 6.00 6.Register of Wills,costs of filing account 26.00 7.Melvin B.Bassi r Esquire -legal services 100.00 $4,189.83 If Balance for Dlstribution is not in cash,list each item held in kind, giving appraised value: Cash $6,000 Fort pitt Federal savings &.Loan Assn.,savings account _$27,000 u.s.Treasury Bills due 4/30/73 150 shs.Duquesne Light Company 100 shs.W.T.Grant Company 150 shs.Hammond O~gan Corp. 114 shs.·Kennametal,Inc. 298 shs.Merck and Company 50 shs.G.C.Murphy Company 186 ah~.Oppenheimer Fund,.Inc.. 100 shs.Robinson Dev.Corp. One (1)ladies diamond ring Advance Distributions per Account $337.09 6,000.00 25,831.56 3,867.19 5,221.88 1,565.63 3,181.31 14,648.56 1,279.68 1,600.53 100.00 500.00 7,346.00 $71,479.43 Family allowance clainied?~.?Paid?. Suggested distribution of balancc sho~n,baH,as to principal and incomc,attaching signed and itemizcd elcctions 10 lake·in kind if balance is not in cash:residuary shares being stated in proportions: The Executor suggests $8,000.00 be set aside.for any contingent federal estate tax deficiencies pending a hearing with the Appelate Division of the Internal Revenue Service. The remainder is to be distributed as follows: 1/3 share Llo¥d McVicker,son 1/3 share David McVicker,son 1/3 share Western Pennsylvania National Bank,Guardian of the estate of Allan Robert McVicker,Jr. grandson . .Allegheny COUNTY OF ~~~SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or representative thereof, being duly ~~.~~.~~doth depose and soy that the facts set forth in the foregoing petition are true to the best of J)..t.~,·knowledgeand belief. ............!?~.<?~~__to and subscribed before me thiS..I/.':day cf..,.~19?~. 5;900Iu'O cf Of/;C~..~~. Tit.le of Officer.._._.NQ.t.~J;'.y...1'_Up.Jj:.C;. Office expires :_J~~;.B~~~~~L.&g~~~~.~~~~~i . (;OMMISSIOI~EXPIRES APRIL 9.197$ .,.:PennsylvaniaAssociationof.Nolo r;'C .•~.~.,-.;.••..-"'''<'~-.:". And your petitioner will ever pray,etc.. WESTERN PENNA.NATIONAL BANK, EXECUTOR BY·:El~~;;er··'·· ~-. -' A/K/A ALEXANDER A.MCVICKER Estate of.....!\..ALLAN MCVICKER.._--_-___-_--. No.----~--------~.~--.'?~~,~.?~:A.A. ./i ,'-'1",", ~.O~ "\•I ,.)~ ......'-'"'''.... ....:.._~.+~•.."""'.'t.~"-...- ~"~/.J".'~/.' ::.-'>/./.'1/1',~.'.U t-1tr-l .'"·..·./v.)·rj~~··'~.'. r!JI"'H":",,,qlilllt:.: Deceased" ,t'N-a'tional Bank,Executor--....-:-._-...--.....__....._-_.._-.. .' Fiduciary ~~~.~~!..~..R~?:~~.¥.~.':':~.~.~~. .OJ"..'.••.••. \~..... , .r1i ......,::. PETITION SUR AUDIT ~...._.- FROM,WHERE DECEDENT LEFT A WILL',-.. 1-::i-._ "Joseph Hoffman,'''Esquire 242 W.Main street Monongahela,Pennsylvania "r "i " ",, 2.Cop;'of.Order appointing Guardiun ad litem,'~if'pertinent. 3.Copy of,Order appointing Trustee'ad lite,m,if.'pertinent. 4.Proof of service of above. 5.Lei"ters Testamentary or Administration C.T.A.or,a':l attest copy of Will. 6,Copy of'inventory and appraisement. 7.Proof of~advertisementof grant of letters if not filed';with account. 8"Certificate'of liens in case any of the funds for distribution are from judicial sale of r.eaL:estate. 9.Signed a~nd·itemized elections if any distribution Tin kind. Copy of 'Fed~ral Estate Tax return if es- tate is subject thereto. Counsel of Fi'duciary will submit herewith the followi~g,,i!'),c<;>nformity with Court Rules adopted effect ive'December 3,1951,being rule No.,9::'pbragraph b-c;aOld divisionsIf:,~"re()f:,shown on pages 23-24. 1,W.rdtenpraecipes of all Counsel in the case.," 10. i, •,I l' '1,I) \. J -."i', ", .' :1/(I -'-. ".~ ~ ,,. " ;.. I- ~t~ J>, .;-!, , Iii 4: ">- ;4. .,' .~ ..-.---_---_--__-_:. Attorney ~a ','.."- .1'.:+.·!·.;.~."'i ......,...:i;..<, --~~----------:C~--"\--------",-----,-\--=-.---------;" L·I I ; i I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY '.ORPHANS'COURT DIVISION -WILL BOOK NO.111,PAGE 357 ESTA,TE OF A~ALLAN MCVICKER a/k/a ALEXANDER A,.MCVICKER,DECEASED' SCHEDULE A SUMMARY Date of Death:January 23,1971 ~ette=s Granted:March 1,1971 Grant of Letters Advertised:March 18,1971 Account stated to JulY 14.1972 1-6599-5 ..1 PRINCIPAL -PERSONAtTY Recei?ts pages 1-2 Amount transferred from Income-personalty Principal-Realty Disbursements pages 2-4 Balance SCHEDULE B INCOME',-PERSONALTY-j, Receipts pages 4-5 Disbursements pages 5-6 Amount transferred to Principal-Personalty Balance SCHEDULE C PRINCIPAL -REALTY $63,138.11 3,859.21 27,·606.66 482.69 $3,859.21 $94,603.~8 19,472·.~4 $4,34l.~0 4.341.90 $ I' i I I Ii,'I'I'\i'II I,- I i II' I I'IiIilIII I r II i_I! '1'75,1312411 II 'II. Ii IIII ilii, I! "I, _.'\,II ; -0-il II,! lI I Receipts page 6 Disbursements pages 6-7 _Amount transferred to Principal-Personalty Balance Net Balance 2,193.34' $27,606.66 i' $29,80·0.PO-.. 29;800.bo .',I -0-!' $75,131 t 24!- I=========t==;!- .,. " _! :... I I I I,. ".--~-:.---:.----.~-,------~-..__..~-.-:--_.--_...~._----._-.-.,-~.--'.l:-.>_--.-.~_:.-_-._.__._--- ",.v, 1,,\., Estate of A.Allan McVicker a/k/a Alexander A.McVicker IiIi following:ITheBalanceconsistsofthe I ..i Cash $488 90 1$9,500 Fort Pitt Federal.Savings and Loan iI,'Assoc.1ation savings account 9,500 00\ $27,000 U.S.Treasury Bills due 4/30/73 25,831 56; 150 shs.Duquesne Light Co.3,867 19\ .'.100 shs.W.T.Grant Co.,5,221 B81:I,150 shs.Hammond Organ Co.1,565 63,; 114 shs.Kermameta1,Inc.3,181 1llj w " 298 shs.Merck &Co.14;648 561i 50 shs,"G.C.Murphy Co.1,279 681 1186shs.Oppenheimer Fund,Inc...1,600 53 1100shs.Robinson·nev.Corp.100 oOll One t 1)Ladies Diamond Ring 500 ~~IjAd~ance"distributions'(see exhibit #1 page 8 7,346 $75,131 24 1 1 =========-- ,. "II II II Ii ~ ,. III I .. ,I'.. I ,I II I IIi I !I; I 'J:; I' I ~! I III.I, ."..~. ".,.. ---_.-_._-._--'----.-----------.~----....,...----_._-~_•...-....._----------,-----_._-_. .,L ..r I'•• \,.II I, I ,"I, Estate of A.Allan McVicker a/k/a Alexander A.McVicker I .' SCHEDULE A PRINCIPAL ~IpERSONALTY : 1971 Mar.~O Mar.24 Apr.6 : RECEIPTS Inventory and appraisement as filed :or-version of Assets at Inventory Value 1966 Chrysler. One .(1)Coin Collection .$11,087.18 Western Pennsylvania National Bank Certificate of Deposit due 1/2/8'5 5% $650.00 737.J1 11,087.18 $63,138 !.' June 14:. 1972 June 5 One (1)lot household goods Cash received .Add fo Principal' 149 shs.Merck &Co.received'as 2 for.l stock ~p1it on 149 shs. 213.50 12,688.39 12,688.39 -0-I I i: -0- Schedule of Short Term Investments 1971 .May 5 ~1,000 U.S.Treasury Bills due 8/31/71 cost @98.695 RedemptiOn 8/31/71. 986.95 986.95 -0- May i8 May 26 $12,000 Fort Pitt Federal Savings and Loan 'Association savings account Redemption 8/2/71 I $5,500 Fort Pitt Federal Savings and Loan Association savings account Redemption 8/2/71.' 12,000.00 12.000..00 -0- I, 5,500.00 5~500.00 -0- .June 18 $27,000 Fort Pitt .Federa1 Savings and Loan Association savings account Redemption 8/2/71 $12,500.00 Redemption 7/14/72 '5,000.00 Unredeemed balance 9,500.00 Amount forward 27,000.00 27,000.00 -0- 63,138 11 , il II-I- I ·.'."•••I.,•.,.'~...".---...--_._~.---'-''---~.=-----_.__.._4 __....__~:~4~,~...~:~__._·._._,;,_.."._---,..-_"_'_'~" (,-':...,\ • 0 I ; !, .Estate of A.Allan McVicker a/k/a Alexander A.McVicker Amount forward i $63,138.1~ DISBURSEMENTS Administration Expenses Washington County Reports -advertising letters testamentary -0- -0- -0- -0- $63,138.11 3,859.21 27.606.6E $94,603.9f======~=t=1 I : .'~ II I!I'i 14 00 1,934.58 1~934 58 4,780 13 4.780 13 25,831.56 25,831 56 19,161 07 19,161.07 Bills due 4/30/72 Bi11s due 4/30/72 Total Receipts Amount transferred from Income-Personalty Amount transferred from :i?rincipal-Reaity $2,000 U.S.Treasury Bills due 4/30/72 cost @96.7287 Redemption 4/30/72 $5,000 U.S.Trea~ur~ cost @95.6026 ,!I Redemption 4/30/72 $20,000 U.S.Trea.ury cost @95.8053 Redemption 4/30/72 $27,000 U.S.Treasury Bills due 4/30/73 ..cost @95.672444 Unredeemed balance 1971 Mar.9 Aug.11 1972 . May 2 Sept.l0 ..Aug.11 Mar.10 Mar.17 Mar.17 Volk Parking Garage -two months storage 1966 Chrysler· ~ittsburgh Coin Co.Inc.-fee for appraisal of coin collection Register of Wills -letters testamentary, five s~ort certificates and one renunciation 40 00 I .40.00 I i 30.50 .Mar•.17·Joseph Gilmore,Jr.-fee ~or appraisal of household goods 50.00 Mar.·31 The Daily Republican -a~ver~ising1etters testamentary 12.50 ~pr.1 Apr.5 Pa lll Guggenheim &Son -fee for .appraisa1 of diamond ring Hardy and Hayes -fee for ~ppraisa1 of diamond ring Amount forward 10.00 10.00 207.00 I -2-I...'o • ....i~-C.--'-'-'------~-'---'-'__O__·'•"""':"'_~_O .,0.•__•.__ - :,I I \I ,,I ,;J ,~,-. I , ,, , ~:Slale of A.Allan McVickera/k/a Alexander A.McVicker Apr.5 .Amount forward Greenlee,Richman,D~rrico and Posa, Attorneys -for p~ofessional services rendered per court order $4,000.00 reimbursement for costs and ~xp~nses advanced 206.10 207.00 4,206 '10 ! I IIIiI I M.ay 3 .Aug~31 I 1972 July 14 July 14 Registe~of Wills -one short certificate Bureau of Vital Statistics -'one death certificate Joseph Hoffman,Esquire -for professional services rendered Western Pennsylvania National Bank executor's compensation 2 00 2 00 4,500 00 4,650 00 I I 13,567.l( 1971 July 23 1971 Mar.17 Loss on Conversion of Assets Proceeds,sale on (1)lot household goods Inventory,value Preferred Claims Buena Vista Volunteer Fire Co~-ambulance service 425 25 625 25 25 00 IIIIi 20C.oq I !i"I Ii11 \, Mar.17 Wm.N•.plgozzi,M.D.-for professional services rendered ..137 00 Mar.17 McKeesport Hospital -balance due for services-rendered 74 37 J.P.Hughes,M~O•.-for professional s~rvices ~endered 15 60 Mar~24 'Oavi<i o.McVicker -reimbursement for funeral expenses ...Sidun's Funera.l,Home 1.760 00 I 2,011.9 Other Claims 1971 Mar •.16 'Int~rn~l Revenue Service -1970 fiduciari income tax -guardian account 443 35 j Mar.,16.Monongahela City Water Co.-water service ..to 2/25/71 12 28 '.'. ~'., i '.15,77 ~.o 'I .11 ,-.. 32 29 487 92 ,"" ,' Amounts forward, -3-',"":: 'West Penn Power Co.-electric ·se.rvice to 2/18/71 '.".. '.'..:.~.~....~..'.":.':,.}'...".~.. ----.....:,--..--~_.-'-~-------:-~_----....._.2_·--.:._.._1..._~:...._,...~·.........._-..;..~.-.....,;.;••:__.._.,,;..._....1.J>..o.._·~_••••,........:.•._L.:~:__~..~.~.:_ ••-<01 i,. :, I':st:lte Cof A.Allan McVicker a/k/a Alexander A.McVicker II.75 .1 I55.86 II 21.00 I .,.... .Mar.25 Mar.26' Apr.5 Apr.23 Apr.26 Apr.27 May 10 May 25 May 27. July 6 July 30 Aug.12 ,.. 1971 Ap r.26 : Amount forward· Equitabte Gas .Co.-gas service to 3/16/71 .West Pe:m Power Co.-electric service to 3/19/71 Bell Telephone Co.-phone service to j 3/30/71 William B.McCollum,tax collector -1971 Carroll Twp.road tax .. Equitable Ga~Co.-gas service to 4/15/71 West Pe~n Power Co.-electric service to 4/20/71 Malcolm L.Morgan,County Treasurer -1971 Washington County tax Equitable Gas Co.-gas service to 5/14/71 West Pe~n Power Co.-electric service to 5/19/71 Mononga~ela City Water -final bill to 6/16/71 Equitable Gas Co.-final gas bill to .6/17/71 West Penn Power Co.-final electric bill to 7/10/71 Taxes 'Registe~of Wills of Washington County agent for the Commonwealth of Pennsylvani~ payment of transfer inheritance tax on "account Less:5%discount Total Disbursements SCHEDULE B 487.92 43.11 15.46 13.76 97.47 21.00 14.14 16.49 41.73 3.98 3,000.00 150.00 .I, 'Ii; ;\~,I IiI i I II II "~ir 1\ IiII ii IIIi 'III 843.67 2.850.00 $19,472.741 =========F=1 :1 INCOME -PERSONALTY RECEIPTS II 566.14'pa1d 4/6/71 Interest $11,0~7.l8 western Pennsyl~ania National Bank Certificate.of Deposit 5%due 1/2/85 Amount forward. -_..•~--_._-- 566~14",." --..--..,------"._---._------=- .~ I..1 ~:st8te of A.Allan McVicker a/k/a Alexander A.McVicker Amount forward' ,Manufactur,er's Life Ins.Co.,,",balance of annuity pa~ents re policy #1567450 Fort pitt Federal Savings and Loan Ass'n. savings account paid 7/7/71 -6/29/72 Dividends Duquesne Light Co.-150.shs.paid 4/27/71 .to 4/14/72 W.T.Grant Co.-100 shs.paid 4/1/71 to 7/11/72 Hammond Organ Co.-150 shs.paid,3/15/71 - 6/13/'7'2 Kennametal,Inc.-114 shs.paid 3/16/71 - 5/30/72 Merck &Co.-149 shs.paid 4/1/71 -4/10/72 G.C.Murphy Co.-50 shs.paid 3/16/71 - 6/15/7i, Oppenheimer Fund,Inc.-186 shs.paid 3/15/71 -3/23/72 Interest ..;.Government Securities ~.S~Treasury Bills $1,000 ,due 8/31/71 paid 8/31/71 $5,000 due 4/30/72 paid 4/30/72 $20,000 due 4/30/72 paid 4/30/72 $2,000 due 4/30/72 paid 4/30/72 Total Receipts DISBURSEMENTS Administration Expenses $566.14 70.00 1,216 91 311.24 225 00 90.00 136.80 409 75 90.00 88 79 '13.05 219.87 838.93 65 42 ~.~"I'" _.-,I 'I , I II,I ,I H [' 1,853.09 I I I !i, I ::. ilI 1.351.5J L 137.27 $'4,341.9(\ =========1===I I 1971 May 5, ,1972 Apr.11 . ' Apr.11 Malcolm L.Morgan,Treasurer of Washington County -1971 personal property tax Pa.Dept.of Revenue -1971 state fiduciary income tax Internal Revenue Service -1971 federal fiduciary income tax Amount forward 9.21 ' 26.72' 177 04 212.97 ".'-5-,.' '""'-----.----',-.----------------------.--..:--~-•.---._.._._,..:,..__L._.::...._..:......:--_"._~.__..:..._'_._''_._..._..... ••.J Estate of A.Allan McVicker a/k/a Alexander A.McVicker July 14 .. Amount forward .MalcolmL.Morgan,Treasurer of Washington County -1971 and 1972 personal property tax paid 6/8/71 -,6/30/72 Western pennsylvania National Bank income compensation Total Disbursements Amount transferred to Principal-Personalty .for distribution " 212.97 9.43 260.29 1; :1 rIIII II..II $29,800.00Ii =========F===:i Ii 'Ii:ii II $''4,3411.90!:=========~==I!I ii I !!,,IIIj, -I 1.70 SCHEDULE C DISBURSEMENTS PRINCIPAL -REALTY McCune HardWare Co.-four keys·for house and garage RECEIPTS Inventory and appraisement as filed 1971 Mar.25 Apr.5 Monongahela Publishing Co.-sale ads 15.00 .May.21 Andre Bellicini,Jr.-lawns mowed May·5,8 and 15 14.00 June 9 Andre Bellicini,Jr.-lawns mowed May 25 and June 1 12.00 June.29 Andre Bellicini,Jr.12 00 54.70 :Ii ;Ii . !Ii 2 1381.64Ji 2,138 64 29,800.00 27,'661 36 29.800 00 52.64 298.00 1,788.00 Amount forward -6-':~•.'.."I • Decrease on Conversion of Asset to Andrew Rapp and Lenzina Rapp, wife . 'Less: I.'Pro-rata share 1971 real estate taxes 2.1%deed transfer stamp' 3.Western Pennsylvania National Bank 6%real,estate servic.e fee Net.proceeds of sale Inventory valuet·. 'Proceeds,sale_of property situate at 114 Crestview Manor,Monongahela,Pa. his 1971 June 14- ,j , -_.~~.::....:.._~-~---_....._---~-_•._--_.---_._.•-,--._----------------_.-...:...-.:._-------_._.,--""---_._---------'---_.-.- 7 J ",',1 ::;./,I,.1,••1 .\:1;/.~.1 ~i".I .'~..,,"-'M . (.j- f \':SI ate of A.Allan McVicker a/k/a Alexander A.McVicker I!34!'Amount forward 2,193 I! , ,i I : I Total Disbursements "2,193'.3~1, Amount transferred to Principal-Personalty II for distribution 27,606.66.1 $29,800 .001 =========~_J II, i I .. ! i ",I !'; i IiiIii, I " ,!~I, " I "'Ii ;I: Ii I :,....,) ! 'j:;1 I;,II; Ii,I I'II ;1 'I I I, II 1 I ! I I ~ I, !II I il',..,'!--I I, r ,\". ------------...-._--._._--....-_----_...-._--~---' ·.:J.(.~••' Estate:of A.Allan McVicker,a/k/a Alexander A.McVicker EXHIBIT #1 I :'= I I IIi 1971 June 1 ,1972 Apr.25 July 11 Payments on Account of Distributive Shares ' Principal -personalty David O.McVicker,son Delivered one (1)lot household goods $ Cash -balance due for coin collection Allan Robert McVicker,son Cash ,beq~est under Paragraph 4 of Will Western 'Pennsylvania National Bank, Guardian Of the Estate of Allan R~McVick r, Jr. Cash advancement under Paragraph 6 of Wil 840.0C 6.0C $ i II! I II I IiIi I! 846 001' ,I 'I ,"'I 1 500Iooli,~II Ii "" 'j 5.000.00' -,8- I Iiii Ii i II i 'I !~ II -------'~---------~-----._--,------~--_.....:_-----------"-,--------'--------:-_.:--------------~~ ;,I I ..,:,,., 0 ,, 1':Slatt'of A.Allan McVicker a/k/a Alexander A.McVicker COMMONWEALTH OF ,PENNSYLVANIA : SS COUNTY OF ALLEGHENY. .:: EugeneS.Bender,Trust Officer,W~stern Penins-lvania National Bank being duly sworn accor~ihg to aw deposes end says National Bank'and advertised more than six ponths pribr to the Testamentary were granted to W~stern Penns-lvania as state~the accolun I ;:I Ii I jl ' II !n the accloUJ t have bepn II I:''i II,II: that Letters filing hereof;that the disbursements shown made to the parties entitled thereto and tha is true and correct as he verily believes. WESTERN ,EXECUTOR ENNSYLVAN[A NATIONAL Sworn and subscribed before methi 1972. By /5/Eugene S B nder Eugene S.Bender,']rust Offi r-er, I 15th ~a~'of Sept.,II II I;BY_~.;_'S::..:.)/+M;..;;a~rY=__.::;c.::;o.::;l+(i.::;~~.Ib.::;i~.-+;_III Notary p.~1l.c REQUEST FOR DISTRIBUTION Accountant requests that distribut on be det.rs ined by t~e II· Court in accordance with the Petition for Di tribution tc be offerl~d in evidence at the audit of this account. ,,,. WESTERN ENNSYLVAN A ~ATIONAL A~ EXECUTOR i I I " .By /5 Eugene S.ender i II Eugene S.Bender ']I.-ust Offiier II !I',-il '.'...'.'.:'. ...;._.:.....-._.__.--~"-'_._'-'-"...:...:....:._----_.'--'--_._---'-----_._-----'-_._- t7,' '(" ~.'-z 1: -.!., •1.; ....". IN THE'COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION ,WILL 'BOOK NO.111~PAGE 357 FIRST AND FINAL,ACCOUNT OF WESTERN PENNSYLVANIA NATIONAL BANK,EXECUTOR ESTATE OF A.ALLAN MCVICKER A/K/A ALEXANDER A.MCVICKER DECEASED Joseph Hoffman,Esquire 242 W.Main Street Monongahela,pennsylvania " ....... II,I I I I I ,j "~ I,,I ,, I I ·1,I _1 I,A.Allan McVicker,of Carroll:~~b~nship,Washington County,Pennsylvania,having :full legal capacity in the premises, .~~.Ie.,_.~••.•"~.'•..,.;....~>' •.!$. '..)'.!t '.. WILL OF A.ALLAN McVI CKER ,. ••• all my just cebts,funeral expenses,transfer inheritance, succession and estate taxes for ·the payment of which my estate do hereby ~ake this my Last Will and Testament,hereby revoking and making void any and all Wills by meat any time heretofore I ll:made,in manner and form.as follows: ~1.I'direct my Executrix,hereinafter name~,to pay II 11 l.. Hundred ($1,500.00)Dollars to my grandson,Allan Robert Hundred ($1.50'0.00)Dollars to my.son,Lloyd A.McVicker,of ;.as may be proper and expedient.: I IiI I! J.will and bequeath the sum of Two Thousand I will and bequeath the sum of One Thousand Five I will .and bequeath the SU-Ttl of One Thousand Five3. 4. 2. may be la\'1fully liable,and ·the expenses of.'the administration ofiiimyestateassoonaftermydecease I ($2,000.00)Dollars to my niece,.Janet Ann.Gibson. I·II!iIII,I'Ii:!Mountainvie~,California. IIII! II, HcVicker. of her natural life,with remainder over,upon her death,as and personal,and wheresoever situate or found,I will,devise and b~queath to'my wife,Hilda McVicker,for and d~ring the term All the rest and residue of my est~te,both real c:_. 6. I will and bequeath the sum of One Thousand Five II Hundred ($1,500.00)Dollars to my son,David O.McVicker. II IIIIi :1 I j I McVicker,is in accordance with the provisions of an Antenuptial the remaining one-third (1/3)thereof to my son,David O.McVicker. The provision herein made for ~y wife,Hilda7. ;,:t follows:ene-third (l/~)thereof to my son,Lloyd A.McVicker; ·1II one-third (1/3)thereof to my grand~on,Allan Robert McVicker;and !. 'I11 i II I' \.- 8.My Executrix shall have the following powers in Agreement dated September 5,1969. •.i' " "• addition to those vested in her by law,exercisable without Court approval: II a.To retain any or all of the assets of my I IIII estate,real or personal,without any duty of diversification, \III~specifically including any stock or 'obligations in Western Ii;\Pennsylvania Natio.nal Bank I may own at my death. il b.'To invest and reinvest the principal of my I'IiI 11 estate in stocks,bonds,mortgages,securities or other property, ,. j;'real or personal,without being limited by any statute relating .,', allocation of assets to be in the sole discretion of my Executrix. or to lease for any period of tim~,any real or personal property,: , .'!i , !,i r •~.•' To compromise any claim or controversy affect- To distribute my estate to the benefic~ariesd. c,To sell at public or private sale,to exchange I direct that all Federal,State and other death .e. 9. taxes payable because of my death,with respect to the property forming my.gross estate for tax purposes,whether or not passing I under this Will,including any interest or penalty imposed in connection with such tax,be paid out of'the assets o~my'residu- contribution by atiy beneficiary ~nd~r.this Will or any Codicil ",'. and to give options for such sales,exchanges or leases,for such prices and upon such terms and conditions as.'my Executrix shall deem advisal:le. ary estate without requiring any apportionment,reimbursement (~·r IItI ", i'II entitled thereto in cash or in kind,or partly in ~ach,suc~' ! I ii to investments by fiduciaries.ij IIII1IiII IIII'\II IiJI!l !:"Ii ing my esta-:.e. !, .IIIII',I II 1\IiIiII h!!1; I, 'J'thereto. 10.I appoint Hilda McVicker ~sExecutrix of this my l Last Will and Testament•.In the event that she'should predecease II -2-II I III ,. ~._j,)•....;.. .._.....,-\•.'. ..-._--_..:~....--"_.:-"--_.--'".. as Executor hereof. IN ~'lI:TNESS WHEREOF,I,A.Allan McVicker,the Testator, connected with the settlement of my estate shall·be conducted connection with my Last Will and Testament and all legal matters ",., IIII, .i \i ! I direct that the probate proceedings in11. by my counsel,Joseph L.Hoffmann,of ~1onongahela,Pennsylvania. II.me,or should be unable to serve,or decline to serve,as such 1 !Executrix,then I appoint the Western Penn~ylvania National BankI! ! IIn!i:j "i!I: "iI'i'I:, ;1 ;'11 have hereunto set my hand and seal to this my Last Will and .i l/;vk:Testament,consisting of three ty~ewritten pages,this ~__'_ Testator,as and for his Last Will'and Testament,in the presence The foregoing instrument was signed,sealed,published, of us,who,at his request,and in his presence,and in the acknowledged and declared by A.Allan McVicker,the above named (SEAL) f!day of September.196 9 •it&&11 ftr(!ai-lJu iI, II ili!,/'iI,:, ":1'I)j il'!;1 ;I 1'1, .: i ("'-3- ~~~~~~~~-....,...-'I --'---.......;..tor the Estate --- I certify that this is a "'."~~e and 'oorreot o~P7 n presence of each other,have hereunto subscribed our names as II.l!·witnesses hereto. I!'I ., I 'I!! il iI )1 'II,·1/. Iiq!I, .1I:1 il.! '!i·:1IIII I !! II., II!I ,,. ; ",..,r 1 ,o.I+' !"Ii ",,I ,\',,I"f,,'f I'I;.,' ~(( .-:~·t :..".'.~. A G R E E MEN T J III,(THIS A~REEMENT,made and entered into this ;;;J f''7 day I of,/"ahdi'vle.1L 19170,by and between A.Allan McVicker,I tan incompetent,through Western Pennsylvania Nation,al Bank,cuardill "i;" '.l.'aIl,af-his est,3te and David O.McVicker,Guardian of his person,"'iL ',,1 .'~,•.:< ,hereinafter c311ecLHusband,j'", . ":'\", A N D .:'.,. ," "":.It.,' ....-".-.' ;.':-. '~",':",', r ' McVicker was adjudged to be,an Pleas of Washington county,Perti:lsyf:-~': "....-. ..'~. WHEREAS ,the'sa id Husband and Wife executed an ante- ,WHEREAS,the said Husbanq and Wife were married on WHEREAS,Western Pennsylvania National'Bank was appointea',," "'.!., of his estate and David O.McVicker wasapp~i~ted g~ardi.J .'",:: ",','.'" ,.~" 1970;and !I iI, I 'I I} ~! I WHER~S,A.A11an I,tent,by'the Court of Common I , ,vania,Orphans'Court Division,;.on February 26,1970,....,. ,agreement,the said A.Allan McVicker did execute a will 0:) \.JHEREAS,pursuant to Paragraph 3 of said antenuptial I and , II 'guardian II an of his person;a'nd 11II IISeptember l~,1969;and Ii iIInuptia1agreementonSeptember5,1969 (a photocopy of which is I i ,!I Ii attached here,to and marked EXHIBIT i'A"and is ffi<Jde apart h<?reo}=);,,",' "',:.'',.' \~.. ",::~~~I'~''-.-'~''"'____~~_'_______"_--'-'-'_"'____"'____~~_ ..... ...~ :''''". .'",' "'., ,,' ." '~r;..~~.,'.'"'" "j IIII 1 / I!II ;.,'., " "r,,l',;'1' ,, "JI,':I I'ttj "rI,'I I :',.,. ....... ".:. "~'.::,.~. .. .!l '.~~'':.':{ ....:, I ' ,L>, ~'-. "',:.....:'...", .";"'" ,. '.' 2 ,,"'..... ..,',".',' WHEREAS,Husband and Wife have fu~ly infonned \'.... .0·..· WHERFJ\S,'Husband and Wife desire to settle and determine. "6.All the rest·and residue of my estate, beth real 'and personal,and wherever situate 'or fe,und,'I will devise and bequeath to my wife; "Hilda McVicker,for and during the term of her .natura 1 life • •.";'and ,~, for an absolute divorce. of,their r~spective assets,both individual and j oin't:'a'nd';.;;.,':,.,:'""'..'"','.:,'" fina lly and for a 11 time their mutua 1 property and marita 1 rights;. apart from each other;and and ./'WHEREAS,differences have arisen between Husband and '\..'.;'Wife and 'a s a consequence thereof they are now living sepal;ate and I ,::~'" ..'.',.'1 '.,:.....,'. W~1.EREFORE,in consideration of the mutua 1 covena,nts.here t ! .in contained and with the intent to b~legally bound hereby',:~:'t,he ,,/f, parties agr=e ,uapSonfOtlhlOeWeSx:ecut;.on '0''f th;s agreement,'W;fe..';"iC:;>};~I,~~JI e'1.~.........at.her ..,':':'\.'.;'}~~ , "t.l>lith regard to the rea 1 estate owned by Husband'and'':>':,1: f~,. iiitjl !II, ~f JI .I,...''.' !.._-[/j iii II)'!/.f'/I(,c/vt vII'.',(J.II '...(;q /fJ o/{ II September '.13,19}:iJ (a photocopy of which is attached hereto andiI'' Ilma'rked ExiuEIT'iB"-·aha ,1.§"ma·de ,~;,:part hereof)wherein,after:" ·11~ertain pecuniary legacies,he did provide as follow~: I.{,' 1 ··I WHe 'IIIIII. ..,'.... "·''<:i'.',:.".,: ..'..'.":""t; WHEREAS,without any agreement on the part o'f;the'HU~ban./···,';;~ . I .....;~/.::.,;.':.:":,';:~"~>"~i 'I but in orde:-to terminate the marriage absolutely~'Wife will file,.:;;;':~.:•.~~.~..-~.::'!: ,.i .•...•.....';:i;~ '~I .,.;.~. .'.~' ,'.-". .',~. '.'.'.. f:',[....: ,.," '. ..';. ',','\'\,":':", ;',':' ~.'. .,. "" ..." j~: .\ r~'( ..'...: .'..•,",.. iI"l- her interests in and under said antenuptial agreement. /'"" .., Ioj\;q hI.t ( Ii'? I .l,"~'4 ..f·)..:.I ~'.~,,:, I 1<.':IWa shington County,Pennsy1vania,known a nd designated a s Lot No.51 '' I in the Crestvie~Manor Plan of Lots,of record in the Office of theI.lI .I I Recorder of Deeds of Hashington County,Pennsylvania,in Plan BOOk l,; Irs Page 73"IHfe agrees to execute the necessary deed or other L" 11,documents so as to convey said premises absolutely to Husband or I /<, Ii his guardian'and so as to terminate any legal interest of Wife in'l"';"<: and to said premises ~'[' 3.Hife will and hereby does agree ~o relinq~iSh,waive"" and set ovlr unto Husband all of her right,title and interest inC I"'-~ and under the antenuptial agreement '(see Ei~IBIT "A")dated 't',~:: .•Cj ..,'.'.~;1". September 5,19M·,and executed bY'Husband and Wife."Wife furtherI'·f~~~l:...I'. agrees t:J execute all documents necessary to eff;ctively terminateJ ... i . .' of the estate of A.Allan McVicker. ly term~nate her rights or claims to the estate of A.All~n 3 -.. 6. McVicker. j " I 4.Wife will and hereby does agre.e to relinquish~wai~~L>o:;.·~. I and set over unto Husband a11 her right,titIe and in~erest or '.'.:",:::.~ II claim tc Husband's estate.either testamentary or by way of...~,,':Jj II intestacy.arising via the said will or antenuptial agreement'or :,',{~ any document of a testamentary nature or via operation of law.:'.'I',.:,:~f Wife furthe,r agrees to execute a 11 necessary documents.to effecttve-~.",,oj?' a ,.,I.·f , ,S'\With regard to the life insurance policies on the II life of Husband;to wit.policy No.26298 with the Monarch Life II Insurance Company and policy No.50025 with the Pittsburgh Steel II \ \ •-i",.•,'',.. \'I i .0'. .0,... " -I 'i .j kII" .,.f· ,, I :../:\1 I" t 1.'J 1 ','I0' I ~ ;'" ";.j.",!'. ... -t.. ".,~ ',' ,I,.. \",;,' I' further agrees to execute C!1~~ecessary doctunents to effectuate:....}' ,I f ",': engage-r,'~I', ,'".I1,,', I;,>.";, Wife agrees to return to Husband the diamond Husband agrees to permit Wife to 'remove the auto~ 7. 8. linquish and waive her rights as beneficiary thereunder and ment ring delivered to her by Husband. ICompany,·under which Wife is beneficiary,Wife agrees to re- I, I jsuCh waiver and relinquishment. 'I JII I I \, matic washer and dryer and the living room suite from the above-" "' referred to premises located in Carroll Township,Washington. County,Pennsylvania,and will execute a bill of sale for same o ~,:' 9,Husband will,subject to court approval,discontinue ..,~' .' the annulment proceeding filed at No.35 May Term,1970,A.P.,,in· which he is Plaintiff. the Court of Common Pleas of Washington County,Pennsylvania,in life of Wife;to wit,policies Nos.1064522lA and 560332620-M: , ,:"~: With regard to the life insurance policies on the Husband hereby waives any right or claim in 11. 10, the estate of ,Wife which may have arisen under the annexed ante- II nuptial agreement or by way of testacy or intestacy of Wife.. I,' .'" ;.. I~":, j , f . ,",i .. I , .t 'j "'j I "I.I I ·1,.. ,[ I III is ~rese~tly coveredIdecreeofdivorce. If'j! d until such time as Wife secures an absolute - 4 - the heir3,assigns or successors of both parties hereto. ~..:...;-I;• ...,. attorneys,Greenlee,Richman,Derrico & i...·,,'~·;i~W..~?~~#j\'~;;~. ....... The enforceability of this agreement shall not:be I J ,-" I J I' -,;) ",,;JI I '<0:,r "f" 'II,t'i I ); 'I '! 13.Upon the execution of this Agreement,Husband will !,;':': I . ~. Pos1 ~'. I • $9,500.00 cash or its equiva~ent,sai4l",',' .i ',1( when she secures an absolute decree ofl -,,' I· ,'t I ',.,I ,,I,.,''"f·.-,'r .."by the death of Husband or Wife,but sha 11 be binding UpOIil ,'2,I ,': ',11 ':,.: ~.";, "14. deposit'~n escrow with I . lIas escrow agent,the sum of II sum to be delivered to Wife i·;.. I d'~vorce. I' ,II ~ I affected " 15.This agreement shall be construed under the laws of '.,~,. I the Commonwealth of Pennsylvania. 16.The waiver of any term,condition,clause or pro-, ,'.;'\,. '. .'vision of this agreement,shall in no way be deemed or consid~re~~) a waiver of any other term,condition,clause or provision o~this agreement. between the parties,and there are no covenants,conditions, ,representations or agreements,oral or written,of any nature I,whatsoever,other than those herein contained. :~.~.' ;-... t.',' ,,'j 1 f I .i. !.'I.:',1 ~ I t, 1 ' '"! "I /"'-"1,,.'<'~':"'~ 17.This agreement constitutes the ent~re understanding',,~1 fi "~.',~,".i!~, , -'~l ,':','~;jt ::",~,'/;~l~.~~ .:q•.~ .".'.,".,.;J"::,~-f~:i{ 18.This agreement is expressly made subject to approval',{~iil\ of the Court of Conunon Pleas of Washington County,pennSY1~~,t:,:,>JJ IN WITNESS WHEREOF,the parties hereto have executed',";'1}:: ,_,,/i',;j"{ this agI:eement the day and year Attest: .;(")~~J}fd?,"U-I,)?0\.//,.l. first above written. Hilda McVicker ",l~~ WESTERN PENNSYLVANIA NATIONAL BANK :;:;~;~ Guardian of the Estate of A•Allan '...;~ McVi er '~~1,",(.),~£7-,etlST .,'::';~':::'~1 By",·1:1 ~dl--·O,cr/C-E<.<~~~,~~/).\"'~....Y~cf 'r0~Ls<' '~<·:t~;~;. 'David 00 McVicker,Guardian of the!,':'/~'": person of A~Allan ~cVicker',I''::1:'~~~I .......,_,It';'"..,;..;;,~:;L;l"~;2- 5 ,....... ,.,, !.-'\.• !. I T,:l l.~.•• " ........... ::!'r·.•;; ,, '., ..~: ,t ".1\:o;t<t ",;':I, ••~I\,.'"~~I.'..., "' ,-'..,-.....~ ..;; ./''.~., TIlIS AGREE!-iENT,made this fifth day of Sef'tember,A.D. ".1969,by and beth'een A.ALLAN I1cVICKER,of Carroll TO'dnship, Washington County,Pennsylvania,p~rty of the first part;and. " HILDA COMO,of Rostraver Township,Westmoreland County,Pennsyl- va0ia,party o~the second part: t:he parties hereto contemplate er~terir.g int.o the ffiarr~age relation with each other shortly after the.date .hereof,and both are severally possessed of real and personal ....1' property in his c·r her own right and each have issue by fo~,er"" marriages;all of said children being of full age·and possessea of r.',eans of·support independent of their respective pa.re:-.:.; " \\THEFCE.~S,each of the parties hereto have mace a full .~;.. and frank disclosure of character and amount 6f their individ~al properties,ar-d have been advised of their respective rights t:1erein in t:';c i2'/ent of their ;;;.:tr:::-ia,ge and in the absence of any ".r . ,. agreement betveen them: ,,'-r TEEPXFORE,it is agreed by and between the sai~A.Allan McVicker and t~e said Hilda Como,and intending'to be legally . I .;../•.....1 ..........~.v,.,;~. after the mar:-iage ceremony grant and convey the real ·es tate ,.0\\' ."'M."_,'~~'""vt'Ol v•••-....• •'-"'.'.. EXHIBIT ."A" ~..'''',. That the said A.Allan McVicker \vill irn..":1ediatol::·1. thereby,as follows: .';"~"~.•',......j.'1 ""......... ~.,;,'''',\~ .~...'1',':;' '.f~.~~..'".····it QI,·.;ned by him in Carroll Township,I'lashington County,Pe!"'.:'1sy 1 vania,'>,"t.~ ..~:';t4. ar."being Lot No.5 in the Crestvie""a'lOr Plan of Lots·in sala.j{\~1 TG't!;lship to himsel f and his wife as tenants by the .en tiretios,:'":j~~ ,.,',";.;.."...~•.:.~:~~ a:',Q ::'ikC'tlise assign to hi11',self and his wife as tenants bv d.e;,",'"~;::""'1.~ oe.tireties,the furniture,fixtures and equipment therei~.·j~t·."'~V~ 2.Tilot th'2 sa~.J A.AILm ~lcVicker will,i:r\r:\eCL,~..:·.:..;;·I::;>:';';r:'~:'~~~' ""rt •~,•",,~'1.•,".~ :"-;'".1.:,'_:.'.:::;:,.'I:ria(F~cer:emony /)"....:.·;8 ,:lS ','life beneficiary of c>:..:..:..a.l'~'~:':::::;":~~ l,:,',:,j ir.s;,;rur.ce policies Ylith th.:=:·lonarch Life Insurar.ce Co:r,p:.~:-.y;'.:',~..~:;;,)~ ;;0.262118/.cJ.Y',d \"rith Pittsburgh Steel Company,No.50025.'\'~:~'::?~j '.':','J'·..><"1 •~•< '0':':'~~:.\:1::,.,;~~::;C;~~~, ~_i.~~I"r~.~.~t .-/~;~?~:f ~-~"::'~l':ji~1 .•.....~,J;."I.~;,\~*\,: ,':,/)'1...... •,-,~,;Q,-.';~;I '.:.;,,:',..,~.~,.:":}~,,-,.1H,?!~tt'',;'."~~~~~h'~'~~, 4'bound I. ~~.,.I·'.~ I IIt 1 ..:.... +-~,".~-.. ~,:.' ... " ..:..'r ;.:'',{.1,".t ,rj ~l'·: .J •Ii.", '(;':' ~~!.~'",~; •..;.,,".•1" I. ceremony That th.e said ,.A.A'll.J.:l McVicker vlill cxec'.,;:.«('I:',': :..':. ."j'r" wherein he ~ill provide,after the payrne~t of the certain s?eci£i~';~ .?u~lish a Ivill iml'nediately following the marriage ~". [' I, legacies of $2000.00 to his niece,Janet Ann Gibson,and of' $1500.00,respectively,to each of his sons,Lloyd A.McVicker '. '.'~.:' ','\ and David o.McVicker,and $1500.00 to his grandson,.z..l~a::R.obert···; '<~V;c'-e'.,....'~'-~.,....I Jr.,a lifp estate in the residuu~of his estate"with .,'r." rU:;d.l.n~~r over upon the death of the said party of the secor."d. ~,. par~to the issue of the said A.Allan McVicker,in such prcpor- ,; tions as he shall provide for in said Will..'..~' '.",;.''': That the said A.Allah McVicker:'will join in..··any4 •'J';"/'~:':' con veyance of real estate belonging to the'said Hi Ida CO:1",O aftet '.'),<.~.', ,...~,- t::e marriag-=ceremony and does hereby release any clairnfor any Of"\:X.-.'-.:; '..,::~-',". ~.". the proceeds thereof.'.':.'i:: of ....-..!1e .......,l.'t 5.That the said A.ldlan McVicker in consideratic:m :',':f'j premises and the ensuing marriage does hereby rel.eas.'e,·in:<.<~!:.:"';\;';;~;:~i event he .s:~al L .:'.'...,.;part,any and all.claim to any part of her estate as survivina hu~hrlr',(i~·i'l:ir1'·.:.:-:,<1 ..'.,~._;1 ::::t f ::5:u;::rw:::::d:::t:::i::u:::e:a::1m::::::e0:h:a::::Y0f ..·,':~~t~ .:......'··'·1e:':2mption,curtesy or statutory right to any and all property of.~·:;>'l-;'i~l .which the said party of the second part may die seized or posses~ed~j:~ ,.'.,.'.>'.~;·.,·~:·)tl eith'er as .~~rViving spouse,hei rat law,or otherwise,ho',,'soe~('er ~",;~;:<'~Ji .['6<That'the said Hilda Como,party of the seco:-:d''6art:~;~~~'''<?i¥~1.'-"~~_~~.~~:;-:~J~~~~i\ Gees hereby agree,irmnediately following the marriage L:e ...c ....o ..y I "'9 :L,""~~.~,'.'....,.>;;''t.t.~j .","':2 the s,id A.Allan McVicker ,beneficiary of certain "~~~h:~;;2'~~' .>01 icies,vi z:!1etropolitan Li fe Insurance Pqllcies Nos._l 0 ...;)';'--';::';-;::'~:i'i'~i i .,. ,,::.. S60J32620-M.,,and the said l\.•.Allan 'McVi~ker does ·hereb~.", " i.n.-the event tha·t .f,covenant and agree t.rl~Sal..d party to'defray of the the:funeral expenses That the sale ilild<.l Como,'party'of II' ,1. I'-J I hi:n. 7 '.. _J_-......., . i ',' .".\..'.. I...:...'.:,;"0';~·-""'l,;,.i~'~~,,~.•~k'~":"·"f..:,,:,:·""iJ'~:,L~'til.',.:'_,.~."...•;'.-",'.-:,...;....:'-',' ,; ....,....".',..'"'.'~;'.;{ f1 ,. ,.doesherebyagree,in cOnsideration of·the ~remises and sal \.~ "' '.. ',,: marriage,'tha~'she will .make no cl&i6 to the prop~rty ~f the' ,"..).......'."."....:.; party of the first part otherwise than as herein provided in the theevent sad party of the first part shall predecease her•.and><.~<j here~y releases all claims to the family exemptiop,dower,o~.~}~ Tight in the estate of the party of the first otr,'~nvise than"as hereinbefor.e providec. st.atutory 8. for-. 7he parties hereto have attached as part Ex1:ibits t:lis agreement. 3 their respective holdings as of the time of the execution of. .;'.::.,,,••"1 ,•.>.".'.: ,; '".:';~;:",~ 9.It ~s mutually.declared that it is the inte::tio:l ,,ti.-:::'::;:j of the ;:>arties hereto that by virtue of said marriage neither one>:;~,i~ shall have or acquire any right,ti tIe or claim in and to the ::~':(f;0 :",",I: real or personal estate of ihe othe~,excepting only~as her~in-.'~" ....:':.\;::..~::.;".. before se.t forth,and that the estate of each shall descend to"or::':.::~t;.· .;. vest in the manner prE':se~ted bv his ('I;"'()~.~.,:~q I".';~l and Testame::.t. bound by this Agreement. "'., IN WITNESS WHEREOF,the parties have hereto set their and 5eais the day and year first above written . .:. ,I· ///1 ./ j /.. •'-';7 ,It;~~,/-,/-iJ ;_I~· ..,. ,l '.'1 r ! .. J. j ,1 ~'I,,;,. i· ...... l..I", "!,.::,j !,'I ':r~.'!~. ,'I,.f. -3- -~. .. :',!: ~. .' J~.~'';:.',~.'.'r,~'•• , --.•~.....-....·"'1·( "'/"':'.., '""''''l t ...,:,..,;'.' •.j ~"~:~....:...:...;'...... ... ,.i ','i.."." ,\. .',.'J .....~.rt~ ./ /,y ~.~. ".,"\ ,'.I,•~ t l.•.,)..~ lw;.", '~l '~,' Western Pennsylvania National Bank December 7,1972 Mrs.Bertha McVicker 602 Church St,ceet Elizabeth,pennsylvania 15037 Re:Estate of A.Allan McVicker 1-6599-5 Dear Mrs.McVicker: Notice is hereby given you that the audit of the First and Final Account of western Pennsylvania National Bank,.Executor , of the estate of A.Allan MCVicker will be held Monday,December 18,1972,Washington County Court House,Orphans·Court Division, Third Floor commencing at 1:30 P .1t1.,a,t which time you,maya.ppear " and present evidence supporting your claim against the estate. :1 I ·.~'• , •f:,. ."~'~ ...:,~,r 'v<.,," ". ,'"..':( ,[, ..-".'. '...~;...." I"I ~ ,• '.''t:,~.. ~\;~::-\.;.~:"!\".':'.~'../~.'.".. Very truly yours, Eugene S.Bender Trt,lst Officer ESB/em .. ·.",.';~'~;"...~."".'.~~'.....:~·'r.;'t!., 1 •.fo' ..{" ...,t ..""'. 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'. \...../ ...; " .~. l'., .~";. ,.' ,. .\0".'. •1-__.,... ,~~T~~·, .;...~..ft.. /:l·~,~ ':.~. f"" " ~i • ":':. ... <. i';,.:;...~~l~·:.:· -.----.:. ,.;-~. J .' '. ..\",.". ....'"!......,., {.'',.~; •~..~,+~.f:'~t~: '.7,:\-71,',.'",I .•• ". /i f'~./. IN TIE COURT OF COMMON PLEAS I WASHINGTON COUNTY I PENNSYLVANIA ORPHANS'COURT DIVISION \ In the Matter of the Estate of \. A.Allan McVicker Will Book No.111,Page 357 deceased ELECTION TO TAKE IN KIND :!:,David o.McVicker,do hereby elect to take in kind . \ from Western Pennsylvania National Bank,Executor of the 'Estate ·f of A.Allan McVicker,deceased,the following: One (1)ladies diamond ring $500.00 ~. "r,"~"., ,,.,:. -,f • •~....~~r.. day./thisPennsylvania, David o.McVicker 1972 Dated at Elizabeth, ., '.'r~··""'-··'. '~. "f :',.-~...~ THE COMMON PLEAS ,..,,",'..-.,;......~~.,.,.....,'~tJwAsHINdToN .' COURT OF ~COUNTY,PENNSYLVANIA ,',:: t ."In-the Ma t ter of the ORPHANS'COURT DIVISION " " E s ta te 0 l A.Allan McVicker No.Will Book No.111,Page 357 t. i i' deceased I:-·r'" >;:4 RECEIPT FOR ADVANCEMENT I, .:,\·i•.To '.t;;q Honorab12,The Judges of Said Court:.....::~J .~~..;", '.'.,.'~~,~. ........: "," ot·'') I,David O.McVicker being beneficially interested i;;the above titled estate,hereby ack.nowledge to have receivc= ..'.," ",..froin WESTERN PENNSYLVANIA NATIONAL BANK,Executor !., Ii~ of L:Je Es Late-of A.Allan McVicker One lot household goods $840.00 t. Cash -balance due for coin collection 6.00 and requ~st your Honorable Court to charge the SaIile to mE::in t:-;e Dccre~ 'of Distributi:m to be entered in said estate. In consideration of this advancement being Made prior .'any part of this advancement, ".~ .":" .'. David o.McVicker I hereby agree to refund on demand all or or the value thereof,which may be detez- day of7, to nave heen improperly made. DATED th.:..s and audit of a final Account, mined WITt-.'!ESS: .....",\..,...~j"{.•....1~:~~~~.::_:,,'--"':;,..""_.."'.,'--'.,,,,-,';-,,__,---,-,---,-~~~ : ~'".,~f:~"• ~:1~.....,,;~.~~;~;..~.;.~1: PENNSYLVANIA ORPHANS'COURT DIVISION ,;i , i .·1,I In the Matter of the ,".'.~.~ E::otate of.'A.ALLAN McVICKER .\",-Will book No.III Page 357 DECEASED ~.".".~..,'":,V~·~...,,'~...t f .RECEJ.PT FOR !-\DVANCEMENT .,,..~.,{;, .';'J Executor Western Pennsylvania National Bank,Guardian Estate of Allan Robert McVicker,Jr.oeing beneficially fro;-n WESTERN PENNSYLVANIA NATIONAL BA..l\JK, ,'We x, ;.in tcre s t.ed i::t::-:e above t itleQ e '"tato,heret.~.-ack.nmol1edge to i':ave rece i.v,:,:;:l.,,.', i' " ,...~ '.}~~+lo.~1..'''';~c'.,',/'.""',,'·'To etc Honor2ble,The Judges of Said COllrt:.'t',:~.'.l'"~~_...." . of t~e Estate of A.Allan McVicker deceased," ." the swn of $5,000.00 ,. and .rr.~quest:your Honorable Court to charge the :"ame t.O me in t";.e Decree 1; .... ," 19 72. to t:-,e £~iling By: said estate. I hereby agree to re fund on demand'all or or the value thereof,which may ~e detez- day of J_u_l:"y _11DATEDthi::: In cons~deration of this advancement bei~9 Made prior ,. of Distribution to be entered in ~~{~~:.' '.. ,~\'~:,,'\ ~"'l.-'\'and audit of a final Account, .,,.\ l~r:;_..".any 'part of t!1·:..s advancement, -:i'., }~~,"'i:mined to nave been improper:y made . .):',01":". ;jf'"~. ~.s~~t.t,."..''.. 11:''<\'-~...',..~;:',.:\ N," r~-: ~}{i~"'":;$SS : THE COMMON PLEAS .~ 1'tt'r~V;f-~~'('.~·";.i'\, ':"~.f~.~\f.?':""~t"~.?:'..I i~ COURT OF .' COUNTY,PENNSYLVANIA ORPHANS' In the Matter of the Estate 0 L'A.ALLAN MCVICKER COURT DIVISION Will book No;111 Page 357 ,' ',' !'deceased :~,,'.,...,.RECEIPT FOR ADVANCEMENT Honora.ble ,The Jddges of Said CO'llrt:.", I··..'..... ,interested l~the above titled estate,hercL~acknowledge to have receivc~ ".'. . i 'I " '.,.. We X,Western Pennsylvania National Bank,Gua~dian,aeing beneficially Allan Robert McVlcker .~~~; '.\.',.:,.~.,,'; :'!( i!"....:fre)'.:'WESTERN PENNSYLVANI1\NATIONAL I3A..~K,Executor '....(~:," A.Allan McVicker dc-:ceased, ','.' the SWTl of $1 8 500.00 ane'requf'?st your Honorable Court to charge the sarile t.o me in t:-:e Dccre~ of Distribul:on to be entered in said estate. ., In cons:_oeration of thi::;ac.vancement beir:g '1 'a .....l.or. prior[,lade April WESTERN PENNSYLVANIA NATIONAL Allan Robert McVicker I hereby agree to re£\md on dcmarjd or the valLe thereof,which may be det.e;:- day of21DATEDthis --------'---- y.',.,.,:1..',. ,~. ~\;·~~y.)~r:'f~? ".,..I:.Y' .....'?';...--~ ~;l'i...:~.~! .:~.... RECEIPT I acknowledge ,~ of one coin collection from western for which I paid the appraised value of $731.71. o.McVickerDavid ,i I /',/I~~A<A-""'/jI,,.._·'v ".1'..; DATE' Pennsylvania National Bank from the estate of A.Allan McVicker,~.. .oJ,. "" " -~~..r'"~•. ~., #l'.•,. '. :,. .I.~'. .::' " '. ;;:. ~~:.~~~•.:,.r·"'.f-':·••.l ..'". t ,·r". :..' ',:,; .. ,f ., 1•.'~\: .---_....._--....,.-~.;,",';.; . . .In compliance with the NeW,p;lpl'r Advertising Act of.l\lay I(i.J929 P.L.1784.Sec:.:l,i',."',..,::t'/Pf,.',·par;lgrilphs (3)and (25)'+;....,'..Count y of Washington ~ss Stat(·ul Pennsylvania ;,.',.. ;t" THE DA~f HERALD MONONGAHELA,PA. PHOt)F OF PUBLICATION !)('rsonally appearec:before me.iI Nolan Public in and for said counlv ;IfHI slale. Mrs A F..De San t i 801'110.bc'ing'duly s\\·orn.deposes and says:that S he is j'•tlie bcokkeeper nf Tille !Vlnnongal)el;,Publishing Co..a Pennsy!vani;1 corpora- I tion.;illd its agent in this behalf:that the said company is the publisher of The Daily Hepublic;1l1.published (bily except S;lturday and Sunday.h;l\'ing its place of business at Mono/1[(ahcla.W;lshingt{)n C)llllty.Pennsylvania:that the said Daily Hepublican was established in the year A 18~(j:that the printed notice or ;ldvci'lisement.;.Ittaehed hereto .is a copy of a notice o~<lcil.crtisement.eX;JC'Ily as printed or published.which appeared in til('said newspaper i1 its rcgubr issue's on.the following dates: ~.EST~E'-N<riICE:,,,.~....~,.J .!~Estate~of:·A.AJlan~M.c.VIc;ker..de.rceased.'late of 114 Crestview.Ma~:.,: or,Washington County"P~a.'~\.{ .Letters"'Adm~stration"upon::'the ._.jabove·estate.having.been'.•gran~'.~.t.to the undersiglled,nottce'ilbhere-..<;.~ by.given tq.thOSe .1Iidep~ed .the.reto "'~:i'.to make'Immediate·payment."andtothosehaving'claWs~or·demands. topres'ent,tqem fof..8et~e~e,nt:c;' :~west~rn"pennsyl~a~a;.r i\;,.i .Nl\t1onal.Ban~!"'''::'-:''':':,,''i ~Executor...'"."... \5th.Avenue',at.~iJmit;hlleld~i·./.,.Pittsburgh.'Pa.15230,";...."':,,,. Joseph Hoffman.·Att.o"!ey~"",,,.i:.~':,242'W·.M.aln:.,streetJ",,,;:;I,,~Ji';",. I Monongahela,Pa.;150~:.J ","'~~i~~:'!MARCH 10,,17,.24::.~!::,,;:..•:..,\ill,'·n~.. . i If.,..r.; rr . \.' March 10,17 and 24, E.STA'IE NOTICE.:Esta te 1971 of A. L". .,. "', -'.::,~. Washington,Pennsylvania (PUBI.ISHED BY WASHiNGTON COUNTY BAR ASSOCIATION) Estate Notl :The Ree,·<er of WiJIs has granted letters,testameutary 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. ••••• • ••• ••• ••••• J~~~~.~;.:~'of' ....'1. .~\ '; ,',-~." " '.".,.),0.' ....... •',.0." ".' MeVIC1<ER A.ALLAN,Dec'd. I~ate of Monongahela,WashingtonCounty.Penna.LE~ecutor:Western Pa,Nat'!Bank Fifth Avenue at Smithfield,Pitts~hurgh.Pennsylvania 15230 'Attorne~:j ose/ih L.Hof'fmann,242' W,MaJJl Stret,Monongahela,Penn-sylvania .. 0': t .~':'.' :~\i:;!.;~~.L;:.." ~'.~:.. t:··-~" ~1'::'PROOF OF PUBLICATION ;''(;,f.'.!·:;In compliance with the Newspaper Advertising Act of May 16,1929,~;'1?I:::~.1784Sec.3,paragraphs (3)and (25).:~&C:~~fy<'OF WA~HINGTON}. {;ST,A1;EOF PENNSYl;VANIA 58. "-0,",;::,-",......:"., ;':/:.....P'llrsonally appeared before me,a Notary Public .in and for said County 1~(and:.c;;ommonwealth,CHARLESC.KELLER,who,bemg duly sworn,deposes }i,and'says:that he is the Editor o~the WASHINGTON COUNTY REPORTS, >tJ'~the;::official1 legal periodical for said Washington County,published weekly:,,;;:;~'hay;jJ)gjts place of business at W:ashington,Washington County,Pennsylvania,/"~dkis acting as its agent in t.his behalf;that the said WASHIN.GTON c,:~·.COUNTY REPORTS was established on March 31,1920,and was desIgnatedt,::~as the 'official legal publication for Washington County,Pennsylvania,by order <f-:;,ofthe several courts of said Coun:y,dated November 11,1920;that the printed :2"-r:,notlceor advertisement attached hereto is a copy of a notice or advertisement,i"';\,:ex8ctIy 'ail printed or published,which appeared in the said legal periodical in~\Hit8 'regular'issues on the following dates:.i~\,,'.:,~),I··...~..;:,~,!]!.§..i ?~.z !..??..~.:~~"t',';::J::'.~...._~D.~.i.l J..J t9.7...~. ;tthiit·th~affiant or the corporation in behalf of which he is acting is not ·J:.i<;iilterested in the subject matter ot said notice or advertising and that all of thel!Illegatioris of this affidavit as to tie t~,p~ce and character of the publication4.~~true...,/)/;1 0 I/U'~:f,,'.•I //./_(,/;I!J c\~':.:.'.'~_e;:~:~t.£:.?::.(.:.:f:.4 (.;;:..:/JL 7 /?!~J,~,-~_,-<t:d't \...-t:::/"".,.___r--1 or.t,~+rD.tO ,and sUbscri~d before.~...;....~'--~~ oJi~\_\;;.,.-,•r\~.C..1.§f_day Of..f.~1?f..g ~7),19 .?.~. ·,le./:1./~,'1 /.~...--t-t.o..4''--~~:-•~d<~:l..LI N~i~;:y.P~b.i~~ ~~~'..;~(:';,..{<.J.J::;;'.~,';:':i.~C!Mf:"'.i'!t!i\ .~:,'.~~.:"':N--O'~:;jY °Fuh:~:I \.o::h~~[.!:;P,Wc:~lIi~gbn Co.r··"Jyl':l,Cmfl:.li,,:.;on Expile;;July l(197~ i~" .', '... .".)1, ~, •.~:~';.:c."~~~.l.+.,.I·~~tatr of 'musylnnnia.}BB:. . QIounty of .iItfi~K . ALLEGHENY . .+-r nublic . d f 'dPersonallybeforeme,the undersigned authonty,a n.Q.~Mca.tlY.~m an or sal Ccunty and State,appeared ~~.~.::~.~~..~_~.:~.?.::..~~.:.~_?~.:.~..~~:~who,being duly sworn according to law,deposes and·says that xlle<xk the executor ~f(~~~.J(of the estate of .A.:~~.~~.~~.~y.~.~~~.~deceased,that the foregoing schedules constitute a co!nplete inventory and appraisement of the real and personal estate of b..r 8~.~~.~M-.9.Y.!f.~.~.~,· deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item of real and personal estate in the foregoing schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of ? each item made by the above named Executor..~Klmt.r..5th WESTERN PENNA.NATIONAL BANK,EXECUTORSwornandsubscnbedbeforemethzs........................}., July 72 /s/Eugene S.Bender : ..:,::'.:dall of..,19............•BY:.'.:.','I,/s/D3vid L.Meister ,............................................................................................, ." ...................................................,,~~. Nctary Public Eugene S.Bender,Tr.Officer u-ADDITIONAL INSTRUCTIONS ."...;! I.An inventory must be filed within three months after appointment of personal representati\·e.~ 2.A supplemental inventory must be filed within thirty days of discovery of addit!onal assets..r 3.1 Onginal and 2 Copies and 1 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI"'"'f." 33,Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI.33,Over $50,000, including Copy of 'ViII 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 '..'.- ,'.... , .,'-'.... ~,'!.' ... .', ~';.....;... \.. 1Juurutnry aub !\ppratsrmrut of the goods and chattels,rights and credits which rvert of Jl1te of ,.. Wa:hington County,Pa.,taken and made in conformity with the above affidavit. CENTS (....__.c ._....._ ". Cash DOLLARS-.--....-.....---...-....--..---------.----·=--=·--=-==--"'--=-=-'-"·=-=..-=--====1TlI=====T~=======~---- II!, Cash founj in home Cash tran3ferred from Western Pennsylvania National Bank, guardian account ~ontincntal Casualty Company,refund on unearned premium ,Long warne Insurance Agency,return premium on ~.cance:lation of auto policy No.AR629567 t Manufactu~ers Life Insurance Company,balance of annuity ~.r'.payments re:policy No.156450 ~.·Monarch Life Insurance Company,proceeds of policy No.26298R,claim No.10362 .:;.Genera 1 American Life Insurance Company,proceeds of I ::...policy No.G7528 :~'"·.:'I;'r~asi.lJ:'er·of the United States,Social Securi ty :-;'.'dea t h bene fit s ~..~,'; .'•l~1..': .'···.:,:·.';t~~ II,087.1~3"'ff: 3 '867,'i8'/<,:"l:Z,, •,..t_.~ 5,221.88 . .;.< ,"';'< 1,565.63 3,181.31 ~>f~ "",,, :Stocks and Bonds 2~. ~~::$11,087.18p.v.Western Pennsylvania National \f·".r·~~.,.f'J:,.:{'..qrowth Bonds,G-153939,5%due 1/2/85 ~':150 shs.D~quesne Light Co.@ 25.78125:~~1..;t.~'',~",.,".~..'..'..",100 shs.W.T.Grant Company @ 52.1875 1~0 shs,Hammond Organ Company @ 10.4375 114 shs.Kennametal,Inc.,@ 27.90625.......,..,',," Bank, '; $3.14 ",.. , ." I'~.'.'.....",: It-.:~t..J,i§~!;.,&~;:~~·\...,-.,...<";....·,••.,.--"'.-'--:c......:.....c.......c~"'---_'-"'------'--~'"'----"--'--~~~_··-.........,~,.........-'_.....~-........-..''•.--.•,,,....-, ',.~.. \: " (Continued)$41,860.'93 I .~~";. .:.:""~~..:.':....:.;:;~~_.:.:.g.;~:;JJ i' Misc:ella:leous .'.::I $14,648.56 " 81.95 ';,;,1,279.68 .I 1,600"53.;1·.rJ00.09_;.:.~<:t..:}''''~' $41.860'.93 I,..l)-,1 ..!:• J.'~.."l-"f,.~t~:'~.,!;f~,:,·~~~;";i:.-, .-~<~.,.\..(({-~•• Amount Forward 'Stocks and Bonds 149 sh~.Merck and Company @ 98.3125 Dividend thereon-X-date 12/1/70 50 shs.G.C.Murphy Company @ 25.59375 l8G shs.Oppenheime~~~~d,Inc.@ ~.6050 .10G shs.Robinson Dec.Corporation @ 1.00 ·f.. •~.~,~7~ ., ?''.. ~'.",.. f~•i ..,~!.'~: ~,f.:.~~ i,:" '1 •.• ••t ......,. '-.',,' -'<it,·- ,..•.:' 500.00 .~ 1,678.75 j 650'OO:;)~ .73 7:T{f,i':::::' $63 1138.11.:;",. f",~:.1.., ..:t',.,~.-~t ladies diamond rlng lot household goods :966 Chrysler Coupe COln collection (1) (1) (1) (lJ -t.,."'..... •<:. ,';-.~\~.-l".~. i l ""...t}'Rea 1.Property (",'AL~that certain parcel of land situate in Carroll Township. ,.:«:··waslii.ngton·County,Pennsylvania and being lot No.5 in the Crestview!~~"'M~nor Plan of Lots as laid out by George Spote and N.Dean Hofmeister, I;;::J';:.and ·\·/h:...ch said plan of lots is of record in the office of the Recorder 'of Deeds of said Washington County,Pennsylvania,in Plan Book No. On ..,: I'One ~):~~~.:.~.'.~2~: ••< .' H.AVING erected thereon a one-story brick dwelling known as ,,,'11 (~erEs t view t-lanor.(s a1e p rice ) ,'. ~...." $29,800.06:../: $92,938.1f' +-;.... =========;:::.~.~. .'. c'.'~_"'. " ·.i: (:.;;~: .;:~ ,.~~··<~i~~: tft~~'lli · .~...NI..:;;'i·f.~:;',~..~",'.'J.-4q',-..'.::;;:?,f~ ~..'I r ',i •"".~.,·.~~;~!"~":~~-~l~! ". ...~,:-:~ ·;.,'1 :i:;ii~i;:" .::,, ~:-. '''''.'' " ....~ ,":.1" k~'~',;f~~/':""'.' 1r<I~~. "'::~<+ 'i'" \, "..I >~f',...~' tr· ;...'.... "1'j j~i ~! I i!..... ~i .....c<::I1l I I ~ ~- j ::t:~i !i t:j ~ I i t:j s. I ~~~~ ~~' ~~. 0 I1l "1'j ;J~.... COI ~.'. '. <. ., IN T~fo~~CO~~'~~S OF WASHINGTON COUNTY,PENNA • ORPHANS'COURT DIVISION. NO.L3-90 -4 (of 197@,ee IN RE:THE ESTATE OF A.ALLAN MC VICKER, an Alleged Incompetent Person. ':""-....,1 ~) / ." ··_"t. ~, 'l~'I '"1~tt\'\"~i-:i~~11~~ PETITION FOR APPOINTMENT OF GUARDIAN UNDER SECTION 301 OF THE INCOMPETENT E§['A;rE"ACT _~F '1~;55 AS......rt,:::;;AMENDED .~/)G")c:,.--. -C -(../).:._____ ~"'?c~·~'"_:E t '~ ~';)""-.r.':--- -i ......"-1:\..'-;,1--t-4J -::'0 (')\).'---.-r~:-t.,..........,.-\--.':-:,...i.O ::1 ;;....r-:;;.:-0 r-...c:;:~'(f)~ LV:::0:., I .'"...: ~b ".' .: L ~~.9=--v ,I'?-/'1 r ,;:;, Patrick C.Derrico,Esq. /·~._3-/~ ~... '0 \ '. \ - ""' 1970ofNO..61 ,.,..~c'?1'..- ti _I.."Division ". ,'.-lIn W11r'®rp11U115 mourI/uf mnn1l1ugiull'Wnullty,J~ttttayluaniurwHE:)(( THE ES'I'ATE (-l"( ") )( A.ALytN McVICKER L \mUntinn! Alleged Inccmpetent (, ) Person .', QIommoumraltl1 of Jrtutnylu&uiet (ail: (lIn~nltt!nf lllfu1311htgtnu') ,An II ! To:A.ALLAN MeVI CKER an Alleged Incompetent Person' Sur Petitio'1 of:__Dl.LA~VlL..TL.J.DL-CMJ.,L;c'-l£V...LT..1.I.C.o.:KERl:&:0--_ I· thaL laying aside all business and excuses whatsoever,JDU do file in the Division office of th'3 Clerk of our Orphans 1 Courthf \tVashit:J.'gton County,a full and complete a:Olswer)under oa.t.h,to each and every.of the averments of the said petition~011 or b'efore _.......J'>~1ou,.n~d~a:..;..y ,the .:.-23-day of _-.LF..l:::e~b.:..ru~a~r~y;1...-__ 19 70,at 10 :00 o'clock~.M.,and show cause why the said A.Alla.n 11Q..Y..icker should not be adjudged ,,:0 ioconmetent and a.guardian be appointed for his estate and person; and further abide the order of our said Court in the premises, If you'fail hereof,the petition may be taken PRO CONFESSO and a decree macae sgainst you. WITNESS the Honorable P.Vincent Marino,President Judge of our said Court:at Washington,Penna.,the 19thday of January 19 70 ..{2-~<_ul-LJ .3n,,~_~-.: Clerk of the Orphans''Court.Div'n I,GREENLEE,RICHMAN,DERRICO &POSA.Esq. A ttorney fer Petitioner. \>Jashington Trust Bldg., (Seal)·'\>Jashington,Pa q 15301 ~..------------------..;...- .... " IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION' IN RE:THE ESTATE OF ) ) A.ALLAN McVICKER,)tel 1)NO.of 1970,-e...•an Alleged Incompetent ) ) Person.) PETITION FOR APPOINTMENT OF GUARDIAN UNDER SECTION 301 OF THE INCOMPETENT ESTATES ACT OF 1955 AS AMENDED TO THE HONORABLE P.VINCENT MARINO,PRESIDENT JUDGE OF SAID COURT The petition of David McVicker respectfully represents: 1.'David McVicker is a resident of'McKeesport,A1leghen ..County,Pennsylvania,and the son of A.Allan'McVicker •......~~_:.....:,-.,;;;,:; tI',:""f 2.A.Allan McVicker is 72 years,having recently.... married for the third time,and lived with his wife at his home at Crestview Manor,MOnongahela,Washington County,Pennsylvania. :. 3.Recently,A.Allan McVicker was confined to The Washington Hospital because of his inability to care for his own needs. 4.The condition of A.Allan McVicker is such that / because of mental infirmities of old age,he is unable to manage 'his property and is liable to dissipate it or become the victim f d o.ns (S~e Exh1·b1°t l1AII).o eS1gn1ng perso • 5.That the estate of the said A.Allan McVicker,so far as your petitioner knows,is as follows: (a)Bank Account with Western Pennsylvania National Bank (MOnongahela)-Checking Account-$6,000.00 (b)Savings Certificate-Western Pennsylvania " National Bank (MOnongahela)-$10,000.00 (c)Various stocks -(No idea of exact value)which petitioner believes are in a safe-deposit box. 6.That the names and addresses of the next of kin are as fol'1ows:. (1)Hilda McVicker -Wife 114 Crestview Manor MOnongahela,Pennsylvania (2)David McVicker -Son 2121 Neal Drive McKeesport,Pennsylvania (3)Lloyd A.McVicker -Son 630 Chesley Avenue Mountainview,California 94040 (4)Allan R.McVicker,Jr.(Grandson and son of deceased son,Allan R. McVicker), 805 Walnut Street MOnongahela,Pennsylvania 7.That the petitioner requests a corporate fiduciary as guardian. 8.That no other court has ever assumed jurisdiction in any proceeding to determine the competency of the said A.Allan McVicker and he has no guardian of his estate or person. WHEREFORE,your petitioner prays that a citation issue directed to the alleged incompetent,with notice thereof to the next of kin,to show cause why he should not be adjudged an inco~petent and a guardian of his estate and person be appointed. And he will ever pray • • • • • GREENIEE,RICHMAN,DERRICO &POSA By:{JdnJC~ Attorneys ~Petitioner \.~", COM~ONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) .., And now,this #q!day of -~-,,;;c;=;-.;..;........~r---'1970, j bef::>re me,the undersigned authority,personally appeared DAVID,,·j McVICKER,who being 'duly sworn according to law,deposes and says .that the facts set forth in the foregoing petition are true and cort"ect. Sworn to and sub~cribed before me t~:is:ltd-day 'of Janu y,1970. ;~'i'~otary Public WtIS:1i~gton,Washington County,Pa. "My ,j~tm1)ission ExPires:~!ed./;1;73 '.I AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) Before me,the undersigned,did personally appear ...~!.. J'.P.HUGHES,M.D.,a physician with offices at 509 West Main Street,Monongahela,Washington County,Pennsylvania,who,under oath duly administered,did swear that A.Allan McVicker,a resi- dent of lll.Crestview Manor,Monongahela,Washington County, Pennsylvania,is,because of mental infirmities of old age and other mental and physical infirmities,unable to manage his property and is liable to dissipate it., ,I Sworn to and subscribed before 'me '~~~~~'1970 , My C9mmission Expires:MYRA J.HARSH RiitiiY Wbiie,Washington.Washington Co, M»Commission Expires Marc~12,1973 EXHIBIT "A" ·',.~_.,.:C-'•I • , I ,. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:THE ESTATE OF )_ ) A.ALIAN McVICKER,) )NO. an-.-.Al1eged Incompetent ) ) Person.) of 1970, .Q.Ow- -I PRELIMINARY ORDER OF COURT upon /1-Gfa y of -...Jor+---~--'---'1970,AND NqW ,~this the foregoing petition having been prese consideration thereof and on motion of GREENLEE,RICHMAN,DERRICO -&POSA,attorneys for the petitioner,it is ordered and decreed that a citation be awarded,directed to A.Allan McVicker,to show cause why ,he suou1d not be adjudged an incompetent and a guardian be appointed for his estate and person;returnable at ({J-iL ·<:rI:. Standard Time. "at~~o-e 0'clock,tf-.M.,Easte The time and place of hearing are fixed for ~;a""Q-""~~~~8-'-3 tyzQ ,atIQ:~~'cloc----------J .I'f r/-/.~.M.,Eastern Standard T~~e,in the Orphans'Court,Washington County Court House,Washington,Pennsylvania. At lea~~SI written notice of the hearing shall be given to A.Allan'McVicker,the alleged incompetent,by servin him personally with the citation and a copy of the foregoing petition and this order of court;and,at leas~~ays'written notice of ~he petition and hearing shall also be given to the next of kin and other parties in interest 'named in the petition, either persona,lly or by registered or certifieiF mail. BY T {'".....-.~.~' ~ In the Court of Common Pleas 0 Washington County,Pennsylvani Orphans I Court Division No.61 of 1970 IN RE: ESTATE OF A.ALLAN McVICKER, an alleged incompetent. 1J,, ,i ;::::::J .;;;;~t~'i D ~;g ~E =If.-'=c, .~0 ,;::;'.r;j (_.". ~)rr·,<WIarlnq,.J .·k", ...-~\ 'y' .r i'<L-~~" :~ /,~ I -r·; I ,. /~I.<..: /p) l1",~ ~ •<:)-~< ;z:c: -f-.~,-:');.;: .~~:!.~::.._•..C"~r---<,-0 r-:2::~(f)a ,;'Ui~., 'X\;7 c:~:':':1:e. rv (,..;r'" -<Cn ~11 ~f'(.~~~~j.~~~~_.~ ',j <-... <' ~;I l' \,. Ii '"I \\'-- I"\ /),d-/~6 ORPHAN'S COURT WAS~GTON.PA. /~X.,J ti-../' ~2 A:1V i .~ '\,~r7·.--~~.',..!., r ).,.-,-.- ORPHANS;COURT DIVISION --...-: IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.1 IN RE:) )' ESTATE OF )No.61 of 1970 ) A.ALLAN McVICKER,) ) an alleged incompetent.) D E C R E E AND NOW,February 2(,1970,upon consideration of the annexed petition and after a hearing held following due notice,it is ORDEF:ED AN~JDECREED that A.ALLAN McVICKER is adjudged an incompetent. Western Pennsylvania National Bank is appointed Guardian of the Estat e of A.ALLAN McVICKER,an incompetent. The said Guardian is directed to file an inventory in accordance with th~provisions of Section 402 of the Incompetents'Estates Act of 1955, as amEnded. J. Porm 58 O.C.J STATE OF PENNSYLVANIA,lSS:- COUNTY OF ~,/ WASHINGTON Personally appeared before me the undersigned authority Theresa Lelak,Assistant Trust Officer,Western Pennsylvania National Bank guardian of the estate of A.Allan McVicker,an incompetent mmm-,who being duly sworn,deposes and says that the following is a true and correct Inventory and Statement of the personal and real property which are of the estate of the above named~~ WESTERN PENNSYLVANIA NATIONAL BANK,..,GUARDIANSworn.and subscribed before me this l t;t,....;U~~'daY Of",~,~.192"BY: ~Thefesa Lelak,Assistant Trust Officer ,""~~,.~i~?;;;~""""""""""""""",, PITTSBURGH,,I\LLEGHENY COUNTY -.- MY l;OMMISS10N E.PIRES APRIL 9 1973 ,...Dollars CentsMember.Pennsyival ia Associationof Notaries -~,.-.... Western Pennsylvania National:Bank (Monongahela --.... .Office)Savings Account No:042 344 523 $6,224.26.- ..Western PEmnsv1vania National Bank Certificate -.' ..of Deposit,5%due 1/2/85 11,087.18 Stocks . 150 shs.Duquesne Liqht Cornoanv L1.lh?it:;n 100 shs.W.T.Grant Company 5,437.50 50 shs.Hanunond Organ Company 584.38 100 shs.Harmnond Corporation 1,168.76·, 104 shs.Kennametal,Inc.3 315.02 •• ::-149 shs.Merck and Company 16.529.69 ....; 50 shs.G.C.Murohv Comoanv 1 237 50- 186 shs.Appenheimer Fund,Inc.1,405.24- 268 shs.Western Pennsylvania National Bank 6.231.00 .-'" Miscellaneous One (I),1966 Chrysler 850.00 ,', $2.00 bill and $1.14 in coin 3.14 $58,236.17 ========F=~ESTATE A111that certain parcel of land situate in Carroll Township,Washlngton County,Pennsylvania, and beina Lot Numbl"!r Five (5)in'the Cresr_vil"!w Pl;:m of Lots as laid out by George Spate and N.Dean Hofmeister.and which said Plan of Lots is of record in the Office of the Recorder of Deeds of said W::lQ'h~~~,1 u::ln;::l ;n P1::ln "Rnn'k l\Tn IG\O.5 !Sin nnn hn ,-~.,~;1="-Ipage434.-------- \NOTE-If real estate,~ive street and number,Ward of City,Borough or Township,and Count~T,and reference to Deed,Mortgage,Volume ar.d Page. If cash in bank.ll'ive name of same. No.'.61 Tenn,19...l...9 . ."1 N R'E ESTATE , i OF i"'\.-~.,A11an McVicker an incompetent MimJrg Filed ,19_ Arthur M.Wi~son,Esquire Washington Trust B1dq.washlngtofi,'Pennsy~nia 15301· At,r°l")1ey •/)",:3 -/~I PlY Fee $_ i .\ I -/ ·1 ,I t 'i ...' ¥{£tJ O If 1 f t::J "" r-•rn l.Nco -c:::> :;:::- ~ :..0 C/lrr1'-0. -';:::;.0;0);:rnc: (f)0(f)::r:U;(I> ::;-1 i'"1i""-..,'--"i"::)~.f,,~_-~....,." ::::>G'_"":z ~\~~:'. o ~;Jo:..-:_.I:z."-0 r-0 J>(fl GUARDIAN'S INVENTORY AND STATEMENT'"..,.,_J ~c:::>__ I --..:;--,..:-.r- !-e/~/r77)'t" PETITION FOR THE APPOINT- MENT OF A GUARDIAN OF THE PERSON 17 COURT OF COMM:ON PLEA S OF WA SHINGTON COUNTY ORPHA,NS GO~,DIVISION No",-6}l Lof"A1Ufh~L €L , l 1_\;11-- ~ WASHINGTON TRUST BUILDING WASHINGTON.PA.15301 I ?:3 --/;)J).(/:)./ ) GREENLEE.RICHMAN. DERRICO &POSA ATTORNEYS AT LAW ,~}0 0p'7 0 PIi 3 55I..1..••J In Re~Estate of A.Allan RU,-~..,I I •,.-.It'0McVicker,~'ri '::irrcoffiEe:,eot::EGISl En Cr',lit ._~ \','.4SHINGTON co ..PA. ~ Lf J I Q ~~.I~'\:)D'JI~'~:.:Z~:A~ '~I,• :': '. .'../'~. ~". "- ~~~ ';~f~ I'rIf c:-.. ,.' • 1 '.I • ·. COURT OF COMMON PLEAs OF WASHINGTON COUNTY ORPHANS'COURT DIVISION In Re:Estate of A.Allan MCVicker,an incompetent ) ) ) No.61 of 1970,....0.&. ----' TO:·Sent to all parties mentioned in paragraph 4 of the within petition Please take notice that the Court of Common Pleas of Wcshington County,Pennsylvania -Orphans'Court Division,has set F~iday,December 18,1970,at 1:30 p.m.at the Orphans'Court, Washington County Courthouse,Washington,Pennsylvania,as the tL~e and place for those interested in the well-being of A.Allan Mcvicker to show cause why David o.McVicker should not be appoint d guardian of the'person of A.Allan McVicker.Copies of the pe~ition and order for hearing are attached hereto. December 8,1970 GREENLEE,RICHMAN,DERRICO &POSA ..:i. COURT OF COMMON PLEAS OF WASHINGTON'COUNTY ORPHANS'COURT DIVISION In Re:Estate of A.Allan .'McVicker.1 an incompetent ) .)No.61 of 1970,O.C • ) I, PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON TO THE HONORABLE,THE JUDQES OF THE SAID COURT: The Petition of David O.McVicker respectfully represent· '.I 1.That he is the son of A.Allan McVicker. 2.That the said A.Allan McVicker,who presently. ,resides at 2121 Neal Drlve,McKeesport,Penn~ylvania~,has been ;,.. , adjudged to be an incompetent by yo.ur Honorable Court OIl Februa:rY 26,1970,at No.61 of 1970,O.C. 3.That in the interest of the safety and well-being of the said A.Allan McVicker the appointment of a guardian of his person is essential for the following reasons: (a).the wife of the"s~id A.Allan McVicker has indicated that she .intends to file a divorce action against said incompetent,and"in said eventj A.Allan McVicker will need a guardian of his person to properly represent,him in said action,and (b)that Western Pennsylvania National Bank, . . guardian of the estate of A.Allan McVicker,is not competent to represent its said war'd in the event ,of such an.action.! "'. •'7 .. ~..]-a ",,'. 4.That the following is a list of all persons residing ""within the Commonwealth who are sui juris and would have any interest in the well-being of A.Allan McVicker: (a) (b) (c) David O.McVicker (Son) 2121 Neal Drive McKeesport,~ennsylvania 15134 Hilda McVicker (Wife), 114 Cr"es'tview Manor '. Monongahela',Pennsylvania 15063 Allan R.·MCVick'er,~'Jr."(Grandson) 805 Walnut Street ' Monongahela,Pennsylvania 15063 (d)Mary Snyder (Sister) 567 McKean Avenue Donora,Pennsylvania 15033 (e)Margaret McVi~ker (Sister) 708 Fourth Street Monongahela,Pennsylvania 15063 (f)Western Pennsylvania National Bank (Guardian of the Estate of A.Allan McVicker) Fifth Avenue at Smithfield Street Pittsburgh,Pennsylvania 15230 5.That A.Allan McVicker has no guardian of his person. 6.That he recommen~s that the Court appoint David O. , McVicker,2121 Nea 1 Drive,McKeesport,Pennsylvania. WHEREFORE,petitioner prays that the Court appoint a guardian for the person of A.Allan McVicker. Petitioner - 2 - .' ,. " COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) )SS: ) Before me,the undersigned authority,personally appeared DAVID O.McVICKER,who,being duly sworn according to law deposes and says that the facts set forth in the foregoing Petitio for the Appointment of a Guardian of the Person are true and correct to the best of his personal knowledge,information and belief. David o.McVicker SWORN to and subscribed before me .~d this r.L-day of December,1970. '-..-. COURT OF COMMON PLEA S OF WA SHINGTON COUNTYIf-. .ORPHANS 'COURT DIVISION In Re:Estate of A.Allan lMcVicker,an incompetent ) )No.61 of 1970,O.C. ) f rI CONSENT TO SERVE AS GUARDIAN I hereby consent to act as guardian of the person of A.Allan McVicker,an incompetent.1 am 7'2-years of age ~---.,..~--..~-- and reside in Pennsylvania at 2121 Neal Drive,McKeesport, Allegheny County.My business is an insurance investigator.1 am a citizen of the United States by birth.'1 have no interest adverse to the said A.Allan McVicker. r' '. 0: I, r,"· COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'~OURT bIVISION :In Re:Estate of A.Allan McVicker,an incompetent ) )No.61 of 1970,O.C. ) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) )SSe COUNTY OF WASHINGTON } BEFORE ME,the undersigned authority,personally appeare EDWARD KORTE,duly authorized deputy constable in and'for the I Cd14nty of Washington,Pennsylvania,who being duly sworn,did 'depose and say that he did serve a copy of the Petition,Order, and Notice of Hearing filed at the above number and term on A. Allan McVicker at 2121 Neal Drive,McKeesport,Allegheny County, Pennsylvania on Wednesday,December 9,1970 at L:~6!{'em by handing to him the said bopy of the Petition,Order and Notice of Hearing and making known to him the contents thereof;the said A.Allan ~Vicker being made known to him by h~~own admissi n. ;';'~r'Notary:",ubl~-Washington, ,..,;:'.\Vas~ipgton County,Pennsylvania ~.·t,•.,'My ~b'~~mission Expires :Y;;}V<~c:{/9/.5 ....'-,~ ","~j.':~ I .,..•' .:r COURT OF COMMON PLEA S OF WA SHINGTON COUNTY ORPHANS'COURT DIVISION In Re:Estate of A.Allan McVicker,an incompetent ). )No.61 of 1970,O.C. ) ANO NOW,this ORDER FOR HEARING----,7~day of ~...... of the foregoing Petition,the Court fixes I ~~--"';"_~-+:-~~~-'--.L.-_'19J!Z,at !;3 r)-E..M.,at the Orpha n County Courthouse,as the time and place for said Petition.The Petitioner is hereby directed to serve a copy of the Petition and Notice of the hearing,at least ,G-days prior to the date of the hearing,upon A.Allan McVicker personally and upon Hilda McVicker,Allan R.McVicker,Jr , Mary Snyder,Margaret McVicker and Western Pennsylvania National Bank by registered mail. .-~~.. ,. .., COURT OF COMMON PLEA S OF WA SHINGTON COUNTY ORPHANS'COURT DIVISION In Re:Estate of A.Allan McVicker,an incompetent ) )No.61 of 1970,O.C. ) AND NOW,this DECREE t/t ~o~(2c'do £"),19Z5 upon consideration of the foregoing Petition filed in this matter and after hearing thereon,the Court finds it to be necessary for the safety and well-being of A.Allan,McVicker that a guardian of his person be appointed,and it is therefore DECREED that ~~~~be and is hereby appointed guardian of the person of A.Allan McVicker. J.~ r:\ f ·r~ .1 OJ Ii> -:j COURT OF COMMON PLEA S OF WA SHINGTON COUNTY ORPHA NS COURT DIVISION No.61 of 1970 In re:Estate of A.Allan McVicker,an incompetent 1 1 r ~ ji, ~I ~,II PETITION FOR APPROVA L OF II l' PROPERTY SETTLEMENT,COUNSE FEES ~~EXPENSES JPi'£"j '/--~~-.~~"-...-~...---.::....~..-'"rn C :J:. C)Ul s.;'''~Z::U:('.i-r; .,.<>JZ -""-0-'_1'"'1 .:::;:l,,--'\0')..r•<;)I _.,,.,.....-1 .~:;,::.:..'--_......'~~.---£1 r::-:;'1:q 0 .-:..:.~0 '-.--rv'9-.-::::..,.-'- "6 ..~:::::";:><n l"'J GREENLEE.RICHMAN. DERRICO &POSA \I ATTORNEYS AT LAW " II WASHINGTON TRUST BUILDING.\t:r::;SH'?153o, .. 1 I,'i T, COURT OF GOMMON PLEA S OF WA SHINGTON COUNTY ORPHANS COURT DIVISION 41 _---In re:Estate of A.Allan McVicker,an incompetent ) ) ) No.61 of 1970 PETITION FOR APPROVAL OF PROPERTY SETTLEMENT,COUNSEL FEES AND EXPENSES TO THE JUDGES OF YOUR HONORABLE COURT: ;~~ \\ The Petition of Western Pennsylvania Natioqal Bartk, guardian of the estate of A.Allan McVickerJ and D~Yi~O.McVicker, guardian of the person of A.Allan McVicker,respectfully represen 1.A.Allan McVicker was adjudged to be an .incompetent by decree of Your Honorable Court dated February 26,1970,at No. 61 of 1970. 2~.Western Pennsylvania Nationa1 Bank was.appointed ,\ guardia~of the estate of A.Allan McVicker on,February 26,1970, at 'the above-mentioned number and term of court. 3.David o.McVicker was ap}1'()inted gWl'I:;tl1a,n of the pei'SiH"l.of A.Allan McVicker on December:t4,1970"f''t the above- mentioned number and term'. 4.On September 13,1969,A.Allan McVicker and~Hilda Como were married at Monongahela,Washington County,Pennsylvania. 5.On September 5,1969,eight days prior to their marriage,A.Allan McVicker and Hilda Como enter~d into an antt~.. nuptial agreement (a copy of which is attached to the annexed agreement)wherein,among other things,A.Allan McVicker (a)made Hilda McVicker the beneficiary of insurance policies on his life.in'the total amount of $7,000.00, (b)made Hilda McVicker a tenant by the entirety in real estate with an approximate value'of'$2S,000.OO, (c)waived any right to the proceeds of real ·estate I··ow~ed by Hilda McVicker of the approximate value of $20,500.0 , (d)waived any right to the estate of Hilda McVicker, (e)agreed to execute a will naming Hilda McVicker executrix and life tenant. 6.Pursuant to said antenuptial agreement,A.Allan McVicker did execute a will on September 13,1969,wherein,after certain pecuniary legacies in the total amount of $5,000.00,he provided in part: "6.All the rest and residue of my estate, both real and personal,and wheresoever situate or found,I will devise and bequeath to my wife, Hilda McVicker,for and during the,term of her natural life ••••" 10.I appoint Hilda McVicker as Executrix of this my Last Will and Testament •••••tt 7.Due to the fact that the antenuptial agreement was so blatantly pr.ejudicia1 to the economic well being of A.Allan McVicker,and due to the fact that the execution of said agreement and the declaration of incompetency were so close in time,Western Pennsylvania National Bank engaged counsel in an attempt to rectif the financial situation of A.Allan McVicker. 8.In an effort to nullify the antenuptial agreement, the law firm of Greenlee,Richman,Derrico &Posa filed an action 'of annulment with A.Allan McVicker as Plaintiff.Said action was 2 .... filed on May 6,1970,at No.35 May Term,1970,A.D.,in the ,Court of Common Pleas of Wash~ngton Cou~ty,Pennsylvania. f 9.Said action in annulment was diligently pursued and ","I f a Master was appointed,on September 8,1970. 10.The pla~ntiff'and the defendant in said annulment action have reached,a property ~ettleme~t that is agreeable to both parties (a copy of which is attached hereto). 11.We believe that the property settlement is in ,.the best interests of the incompetent because: (a)the estate of A.Allan McVicker has been ordered to pay alimony pendente lite and counsel fees and expenses to Hilda McVicker; " (bY the projected cost of counsel fees and expenses for A.Allan McVicker and Hilda McVicker in order to pursue'sai9 annulment to a decision and through the appellate courts approximates the amount of the settlement; (c)the estate of A•.Allan McVicker would have to con- tinue to pay alimony pendente lite to Hilda McVicker during the pendency of the annulment action; (d)the legal issue in the annulment action (mental competency to enter into a marriage contract)is one which is not easily proven. 12.Greenlee,Richman,Derrico &Posa,the law firm representing A.Allan McVicker in the annulment action,requests a .. .cpunsel fee of $4,500 for services'de~ailed in EXHIBIT "A"\' attached hereto,which 'in our opinio~is a ~easonable fee •..They •<',0 t"...~•also request reimbursement for costs advanced of $198.60 as shown in EXHIBIT "A". - 3 - Itj: i,II' j: .. :1 < , t I 13.The estate of A.Allan McVicker consists of principa~ in the approximate amount of $87,000 and income of the approximate :amount of $8,500 per annum. We therefore request that the Court: (a)approve the attached property settlement;and (b).authorize the payment of counsel fees and expenses as requested. And we will ever pray • • • WESTERN PENNSYLVANIA NATIONAL BANK, Guardian of the estate of A.Allan McVicker,an incompetent .'~r ~(~ .Jtl~~-??J -i~~ David,O.·McVick,er,Guardian of the p~rson of A.'Al.lan McVicker,an incompetent i !! - 4 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) )SS: ) I My CC;~ission ~xPires: Before me,the undersigned authority,personally appeared JESS KING,Vice President of Western Pennsylvania Nationa Bank,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition for Approval of Prope~ty Settlement,Counsel Fees and Expenses are true and correc. to the best of his personal knowledge,information and belief. \ku!{ I Jess I<ingC1J ~SWORN to and subscribed before me .this\.~~day of January,1971. ~LL.Notary,.tUb1ic .-' ~:;.I RA J.H.~RS» ~;:OWYI...r.._<\'Jashingtcr.,Wc,hilll!l!lft ij~ r.",l !}~W,~~p'p..i@ t!.t:~lt u~lDTi..."-', COMMONWEALTH OF PENNSYLVANIA COUNTY OF WA SHINGTON ) )SS: ) Before me,the undersigned authority,personally appeared DAVID O.McVICKER,guardian of the person of A.Allan McVicket.,whe>:":,'t being duly sworn according to law,deposes and says that the facts set forth/in'the foregoing Petition for Approval of Prop'er:ty Settiemeht',''COUt'i'se1 Fees and Expenses ar'e, true and correct to the l?~st~~f"his personal knowledge,informa- tion and be1ief.~'.' g~t)~?Jf(!.~~ David O.McVicker .SWORN to and subscribed before me .~ythi~,\-/~day of January,1971. ~XzUNotaryt¥ub11.'~..'JRA J.HM~~3H ......::~_'3<t.,'Jcsllington,Wc~hinaton c~>lolary 1:,,,01,,,,I "71 •.'~\,~;iiYm1ll1f •il ~pirelO Mr.r;h Ut 1'\~y:.,Commission Expires: SERVICES RENDERED ON ACCOUNT OF ESTATE OF A.ALUN McVICKER Personal and telephone conferences with Western Pennsylvania National Bank,David O.McVicker, Emerson Samuels,Esq.,at Washington,Pennsylvania Personal and telephone conferences with Western Pennsylvania Nan onal Bank,David o.McVicker, Emerson Samuels,Esq.,at Pittsburgh,Pennsylvania Personal and telephone conferences with D.Keith Melenyzer,Esq. Research on and preparation of: Complaint in annulment Motion to Strike Bill of Particulars Answer to Petition for Counsel Fees,Alimony &Costs Briefs Lega 1 and factua 1 memoranda Petition for guardian ad litem Motion for depositions Bill of Particulars Motion for appointment of master Property settlement Motion to discontinue annulment action Deed for real estate Bi:"l of sale Renunciation of right to serve as'executrix Relinquishment of life estate Wa~ver ,of.rights under insurance policies• Deposition of Hilda McVicker Research on effect of divorce on antenuptial agreement and will COSTS ADVANCED ON ACCOUNT pF ESTATE OF A.ALU\N McVICKER 'June 8,1970 Sept.8:0 1970 Sept.30"1970 pec.10:-1970 Dec.29:.1970 Jan.5,1970 Carole Novak -deposition Prothonotary -Master's Fee Karen.Paci11a -taking and transcribing statements of witnesses Edward Korte -Service of notice of hearing Register of Wills -copies of decree Register of Wills -filing fee EXHIBIT "A" $59.10 75.00 30.00 25.00 4.50 5.00-....;;...;. $198.60 ,. I \ I !, ~, IlIIIII ii "I:I' If, I, I,., I II I ,'f r .I III I " l! -I~ncornpei !Pennsyl- AGREEMENT WHEREAS,the said Husband and Wife executed an ante- ,,'J.'' ,hereto and marked EXH:J:BIT "A"and is In<:lde a part agreement on September 5,1969 (a photocopy of which is September 13,1969;and IIII ,,II nuptial III attached II'I and I ' I WHEREAS,pursuant to Paragraph 3 of ~aid antenuptia1 II agreement,the said A.Allan McVicker did execute a will O~\ Ii IIII IId ..,.-".._'_....__•--"-"'~-...~_....,......-!-.-........_....--'-..~~_... II I!'It~tII._,THIS A~REEMENT,made'and entered into this ~t ~.day 'I of lV,-f/r,R/7/l/l-l--€/l.,19/7/),by and be,t~een A.Allan McVicker,l ,I 'Ian'incompetent,through Western Pennsylvania National Bank,GuardiT I'an of hi.,estate and David q.McVicker,Guardian of his person.,I I ':':I hereinaf-::er ca 11ed Husband,! . I A I II .NDrHildaMcVicker,of Monongahela,Wa shington County,PennsyIvania·, I herei~f~er called Wife. I WHEREAS,A.Allan McVicker was adjudged to be anItentbytheCourtofCommonPleasofWashingtonCounty, ...1 vania,Orphans I Court Division,on February 26,1970,at No.61 of I 1970;and .11'_' I WHEREAS,Western Pennsylvania National Bank was appointed I II guardian of his estate and David o.McVicker was appointed gUardi-!,It~·:.:·r;·."_..,"~.an of h;s person,·andII·! II WHEREAS,the said Husband and Wife were marr~ed on I I! I I 1; IiI ~ hereof);! I! Iii I!1} I• J, .I ... "f in order to terminate the.marriage absolutely,"Wife will file •lI II II 0' III J j j i III I. I, " '. I Husband,.~ I I r 1 J i 1 I 1 here7 1 I !i Iand! i 't'(;,I determine:r ~l rights;i l ;.! ~i,. i tIIotherIr l I I ''f I__~~_...'_.'._0-~_. - ! 2 Upon the execution of this agreement,Wife at her for 'all time their mutual property and marital .' 1. WHEREAS,without any agreement on the part of the WHEREAS,.Husband and Wife have fully informed each ~mEREAS,differences have arisen between Husband and "6.All the rest and residue of my estate, both real and personal,and wherever situate or found,I will devise and bequeath to my wife, Hilda McVicker,for and during the term of her natural life •••";and JhJw(j) &q Y/J OJl( 13,19,~(a photocopy of which is attached hereto and respective assets,both individual and joint;and ."{.-THEREFORE.,in considerat'ion of the mutual covenants and as a consequence thereof they are now living separate !ilI, IIIIIIjSeptember i Imarked EXHIBIT "B"and is made a part hereof)whereip,after /1Icertain pecuniary legacies,he did provide as follows: II I I! ·1IIIII Ilwife-,I'!apart.from each other;and· I.I ,WHEREAS,Husband and Wife desire to settle and .,fina lly and IRIi and I. ;i ..d .llof .their 'I'. .\ ,I bi!ut !Ifor an absolute divor~e~ ,11· i!IIII in contained and with the intent to be legally bound hereby,the Iparties agree as follows:'.' rJII ·IiIi own instance will file for an absolute '·divorce;and will secure j1 said divorce as promptly as possible. ,I !jI.!I 2.With regard to the real estate o~ned by Husband and I!Wife as tenants by the entireties,located in Carroll Township,I,; fi,..~ ,III I!I~ r ; I~ ! I 1t,}I•I,I.fI, ~ I i I51 !I foftheI' Book I iI IIIi . IwaJ.ve i ! inl dated -3 - Pennsylvania,known and designated as Lot No. Wife will and hereby does agree to relinquish, and so as to terminate any legal interest of Wife in as to convey said premises absolutely to Husband or any document of a testamentary nature .or via operation of law. ,..1'1 .~ I II 1,1 I' IIII Wa shington County, i 'Iin the Crestview Manor Plan of Lots,_of record in the Office IIRecorder of Deeds of Washington County,Pennsylvania,in Plan I \8 Page 73,Wife agrees to execute the necessary deed or other !II document3 so II his guardian iIand to 'said premises. II ' IIII and set over unto Husband all of her right,title and interest I .II and under the antenuptial agreement (see EXHIBIT "A") ~jY:Vf/.ISeptember 5,19M,and executed by Husband a'1d Wife:Wife further,1 f"""II agrees to execute all documents necessary to effectively terminate ~:I P'r/)/yf II ,ri i/{II her interests in,:and under said ant,enuptial agreement.i.II·r ··1 II rtI4.'Wife will and hereby d,oes agree to relinquish,.waiv,e,II I ,~r !and set over unto Husband all her right,title and interest or ~f II c1ai~··to Husband's estate,either testamentary or by way of f.iII,.,~r intestacy,arising via the said will or antenuptial agreement or I t· III f,I ~ fWifefurtheragreestoexecuteallnecessarydocumentstoeffective-;1 IllY terminate her rights or claims to the estate of A•Allan i 'I 'II McVicker.'Ir..i II : ' I'5.Wife further agrees to and by this document does I relinquish and waive her right to s~rye,a.s p~r~onal :representativell.' of the estate of A.Allan McVicker., II I II 6.With regard to the life insurance policies on the I I!life of Husband;to wit,policy No.26298 with the Monarch Life ! 'f I',Insurance Company and policy No.50025 with the Pittsburgh Steel ! f !IIIjlI ..-,,- •iI~.:......j'' II. III! ., to premises located in Carroll Town~hip,Washington the annulment proceeding filed a,t No.35 May Term,1970)A.D.,in \ t j' •I , I IIIJ "I, I I iengage-I /. IiI I Husband wi~l,subject to court approval,discontinue Husband agrees to permit Wife to remove the auto- Wife agrees to return to Husband the diamond and dryer and the living·room suite from the above- 8. 7. I!'IiIilcompany,under which Wife is beneficiary,Wife agrees to re- .!II linqui~h and waive her rtghts as beneficiary thereunder and ;1 further agrees to execute all necessary documents to effectuate i.i such waiver and'relinquishment. iI .I .. I II I the Court-of Common Pleas 'of Washington County,Pennsylvania,in '''II .'~l which he is Plaintiff. II 10.Husband hereby waives any right or claim in and to II the estate of Wife which may have arisen under the annexed ante-II II •il nuptl.al agreement or by way of testacy or intestacy of Wife. 1'1 . II.With regard ·to the life insurance policies on the I life of Wife;to wit,policies Nos.l064522lA and 560332620-M II with -the Metropolitan Life 'Insurance Company under which Husband .1 I is beneficiary,Husband agrees ·to·relinquish and waive his right~i II as 'be,neficiar;thereunder and further~~gree~to execute all neces-I sary documents to effectuate such waiver and relinquishment.f ,I ,. 12.Husba.nd ,agrees'not to terminate Wif.e I s rights under I Ianymedic;al or hospitalization insurance policies under which l.Jifel ,I' !is presently covered until such time as Wife secures an absolute ,,Irdecreeofdivorce. f ,. II '-4 t . ir ment ring delivered to her by Husband. '11 II. I •h.II matl.C was er II referredII Ii C~unty,Pennsylvania,and will execute a bill of sale for same. II The 'enforceability of,this agreement shall not be -,.n-..r III I I I..13.Upon the execution of'this·Agreement,Husband will I II deposit in escrow with attorneys,Greenlee,Richman,Derrico &postIasescrowagent,the sum of $9,500.00 cash or its equ~valent,saidl Ijsum to be delivered to Wife when she secures an absolute decree ofl Ii 'IIidivorce.,I P I I affected by the death of Husband or Wife,but shall be binding 'up06 ,I, the heirs,assigns or successors of both parties hereto. 15.This agreement shall be construed under the laws of I ItheCommonwealthofPennsylvania..I I of the Court of Common Pleas ,of Washington County,P~nnsylvania. IIil I tliI I, I rIII t ... i I, I !I I !I: ...' This agreement is expressly made'subject to The waiver of any'term,condition,clause or pro- 18. 16. I.I vision of this agreement,shall in no way be deemed or considered I a waiver of any other term,condition,'clause or pr,?vision of thisl .~l!17.This agreement constitutes the entire understanding! II I Iapp~ovall I ~I a gre;:emeot • II between the parties,and there are no covenants,'conditions, .11 ,r~presentations or agreements,oral or written"of any nature !I." II wpatsoever,other than those herein contained. II .I ' ,'IIII,I!,I I " I,IN WITNESS WHEREOF,the parties hereto have executed Iii this a~eement the day and year firs~,_~bove written.,f , I Attest,A /,,,'/O'k,/<l I ,;;"'.I .(',)')."'.../l'1i1.tJ ,,,'n!c/,:::~(U )I;>tr(/~t/c..f[.t/u jI,A J 1 .(.....eA '\':-,--I-/te~..A0'1A~~?-0\.HJ.lda McVJ.cker II .:.WESTERN PENNSYLVANIA NATIONAL BANK I I 'Guardian,of the,Estate of A.Allan I j),McVicker I_~i r//-/J '/Y/1'./),)1 //--;et,'S I'I I,fbrt/tlA1 //;./11 )(J'iJ/Yl By :~lV·-r,~lce.Ltt.<.e.-c:C;:-/C-:t:=-<! I r-v ,~,".'.'I I fL-./I J't }i<--f;4'-r0~sl4s.IIf!-.L 1/ltJ(AA,,ilj/it1YI 'David O.McV icker,Gua rdia11 of ulel I'person of A.Allan,McVicker It .IS! .II.~___..___,~~••,.•••_,___•~-'--.,.•.._.~~-......_.~_-.- I ' i, I,1:'.t':'1, , ,.... .. I ..''-. ......I "''': ANTENUPTIAL AGREEV~NT THIS AGREEVillNT,made this fifth day of SepteIT~er,A.D. -.----~~-.----~-____.__--7.,.-;-~--:-.-.,--------;----:------;----:--:-----:-::---:-r--:------;-,,.::.,.::-..-~ :~~.-..~..:'.':,:.~,.t..'...',..;•.•".:~•."._• '..",:,.1,::"",......_:t .:'.':....':."'"'....".'...':,:..,.:.:...•..:.'.:....'.:.•..'...••:....,.'.,.~Il·~::'·:·.·'~;..,:\.":~..~.';"::,:.. ~\' :, !::' '.'':'.~,.~..~~.~<':<~>'-~,'.... ':':.'\'- ::.1969,by and bet\"een A.ALLAN McVICKER,.of Carroll To·..mship,.' ::~·'lashington County,Pennsylvania,party of the~first part;a~d, ,.HILDA COMO,.of Rostraver 'J;'ot,omshi p ,Westmoreland County,Pennsyl- t!:t~vania,p~rty of the second part~ J! '..,i (, I'f: ''':HEREAS,the pa~ties hereto contemplate entering into 'j\the marriage relation'with each other shor,tly after the date prope~ty in his or her own right and each h~ve issue by fo~.er hereof,and both are seve.rally possessed of real and personall: ".:" ,. ~~,marriages;all of said children being of full age and possess~d .,;'of rn~ans 0::support independent·of their respective pare:lt; ..'--: ~~EREAS,each of the parties hereto have made a full j:and frank disclosure of character'and amount of their individual ..~ ..':.:1 '..properties:and ,have been advised of their respective rights "( therein in the evant of their.ma,rriage and in the absence of a:lY ., :, 1 ;;.agreement between·them: .THEREFORE,i.t is agreed by and between the said A••;llan: '. ~.McVicker and the said Hilda Como,·and intending'to be legally ;..;:.bound thereby,as follows:.,. ,.1.That the said A.Allan McVicker will immediately "after the marriage ceremony grant and convey the real ·estate·'now " ·; •:t,·, ;~owned by Ilim in 'Carroll Township,Wa~hington.County I Pe~~.syl\"a~ia, ;: Township to himself and his wife as tena~ts by the entireties, .' " ",. and 1ike'tlise assign to'hi~self and his'·wife as tenants by the I·. entireties,the furniture,fixtures and equipment therein. 2.'l'llat the said A.Allan l\lcVicker \v{ll,in-lIne·c.i2..:'2:'~' ,0.:.:''::.\::;.'~!~<.:::nar.ri age ceremony,n~.::J.;e hi s Vl i fe beneficiary of c~:·~ai::. 1i£e insurance policies with the Monarch Li fe Insurance CO:-'1p2.~yI ~6.26298,and with Pittsburgh Steel Company,No.5002~. EXHIBIT "A" ,.. ,.,,~~~..~:_",.';',~·",·\;"i;i,r !\.•.:.'":.1 ,,J •.J.o1 . and David O.McVicker,and $1500.00 to his grandson,Allan Robert ..... 3.That th.e said A.Allan McVicker vlill cxeC~~.f~::l:••~:'. I ..publish a ~vi,ll inunediately following the marriage ceremony.,. \.;herein he will provide,'after the payment of the certain speci'fic legacies of $2000~OO to his niece.,Janet Ann Gibson,and of" ,.$1500.0C,respectively,to each of his sons,Lloyd A.McVicker t;., McVicker,Jr.;a life estate in the residuum of his estate,.wi~h remdinJe~'over upon the death of the said party of the second part to the issue of the said A."Allan McVicker,in such propor- ,.tions as he shall provide for in said Will • ..... 4.·That the said A.Allan McVicker will join in any '~conveyance of real estate belonging 'to the said Hilda Como after ".the marriage:and 'does hereby.release claim.ceremony any f,or a.-..y of';.... i·the proceeds thereof. :; ".;5.That·the said l~•Allan McVicker in consideration :~.,of the premises and the ensu~ng marriage does hereby release,in !:and .all ·claim to any part of her estate as survivina huc;hnno:nnn ~:that in further·consideration of the·said mar:riage the party ,...."the firs·t.part waives and relinquishes all rights of family 0: '."r !; ,1o :' .;...·exemption,curtesy or statutory right to any and all property of ,which the said party of the second part may die seized or possess~d " ",; That.the said Hilda Como,party of the second part< ':.eitrier as:.surviving spouse, /".':;\(6)1 ..~.. heir at law,or othen.'ise,ho....'soever•.. { "does ~er-eby agree·,inunediately following the marriage.cere:nony,to'.' make the said A.Allan McVicke~,bene~iciary of certain insura~ce . policies/'viz:Metropolitan Life Insurance Policies Nos.l06~522lA; I .' and 560332620-M,and'the said A.Allan McVicker does hereby covenant and agree to de~ray ~he funeral.expenses and interrnant u r',th~said party of the second :Jart in ,.the e\ret;l t that she sr.ould pre:decease him. , 7.Thaf the said Hilda Como,party of the second ?art,. I-2- ..: ...~.":...,,..:.2...:...:...,,:....~•.~:.!"}r,'._..-,,'"I:'·:·~l":"'~';'.·'."'!~·"":'.\.•~..', ,. .I ':', '.....,...~.....l.'~"""h~.~}';.·~:"f"l,U.:••'....._\.o..!..:_"-:.II..~..·..;.;;,",,;......:..... I'., ...~..\.~.., ........,.I ;, #'.'! ,, ~t does hereby agree,in consideration of the premises and sald ;;marriage,that she will ,make no cl~im to the property of the \;.party'of ::.he first part otherwise than as herein provided in thE: j~event the said party of'the first part shall predecease hE:r,and ,,~ereby releases all claims to the family exemptio~,dower,or :..; ,.., i.statutory right in the estate of the party of the first part ":: i:otherwise than as hereinbefore provided for. 8.The parties hereto have attached as Exhibits A ar.d ,,, .. '. ..~i ,I'B their ~espective holdings as of the time of the execution ". this agreement. of ... '. """,.9..It ~s mutually declared that it is the inte~tion of the parties hereto that by virtue of said marriage neither one shall have or acquire any right,title or claim in and to the ::real or personal,'e~tate of the other,'excepting only,as herein- ;~.'l S t.W~11 andves~in the manner presented by his O~~~r .,:1 before s,~t forth,'an'd that the estate of each shall descend to or r Testamer'~t. oJ' bound by this Agreement~ IN WITNESS WHEREOF.,the parties have hereto set their "hands and seals the day and year first above \oJritten.~, \\li tnes s: I "C""',i';;;'~/)'1 /'////.~[,"//'/j,!'/'..,.//"'-::,/i/I.J/-,'/'>.~'(S'l;'~L):v·.{·..,f::.i:::,···/- ../'"../'-<.-.....r I, / "J -)~./1'/",;>",,,n-'(SEAL);.,;~'I /:.'j ~/......',f ".' ,:,. \' ,. -3-,.'C' .'•,'••.•.~.••.:.:.-'.L,.l.,..r.};.I·l~:.,.;~:.!,,,:.,..:.:."\.I',:....:......-.•......h -,':,,.'.,__,-__..•,. -..-,.,,I "ASSl::TS OF A.ALLAN ~\1cVICKER 0, " Jl.pproxi:nCJ L'.:: value Monarch Life Insurance Company -PolicyNo.26298 50 sh~re3 common stock;"G.C.Murphy Co.~$27.JO Pittsburgh Steel Comi_'any -Insur,:m..:e Po}icyNo.5(025 ., f , ! $5,000.00 14,453.00 4,050:00 6,700.00 4,359.00 2,000.00 1,350'.00 798.00 2,626.00 Hammond,Corporation Kennametal,Inc. Duquesne Light Merck &Co.,Inc. Western Pennsylvania shar~s con~on stock -Oppenheim Fund,Inc.,$7.00 150 shares common 'stock Company @ $27.00 ' 104 shares common stock @ $25.15 149 SharES common stock @ $97.(0 268 shares common stock·-,Western Pennsylvania'National Bank @ $25.00 I 1••114 @ :'150 shares common'stock @ $2 9.I)0 i'Certificate of Deposit :;:National I;:1~k Furniture and equ~pment 1,000.00 "Real Estat.e -Carroll Township,Washington County,Pennsylvania~,: ";~Chrysler'.;,utomobile RECAPITULATION 25,000.00 2,500.OOV~ ~, ~.'" I ,~." ~.: Personal property Re,..l property Insurance $47,836.00 25,000.00 7,080.00 ,To'tal $79,836.00 Addenda; Western Pe~nsylvania National Bank,Monongahela,!I Pa.-Chec~ing a~count No.042344523 $6,000.00 j",.......•••~.J',~~v •\,,'~; .i Ii,, Total $85,836.00 " i -,I~\, .\.! • •...'#-.."...:.:.,.:.......'-..••~...:•••;.:;~.'::':;~~.•:••:'''::;....",,,,:.•<.:./_..:'-0#....',..J..:,,j,....1.• ,~I .·,.".~~.I:I'J,.'\~''''l\·olo'~~..·h..~~·:.:.'".~,.~_.., . ------------:---------------------------------------~ r' I I., Jl, I, ! o· f I I I to· 'j . I' .'.', '750 ..00 .'-..":',' 1,750.00 20,500.00 '1,000.00 $33,259'.00 $11,279.00 ... ......,... v .I .~.15,OOO.OO y:~_.. 6,303.'00 V .,! .I J..pproxiIn4te value .', ... "••?.....:.<..:::/....<.:..:.....:;',:4,ood·.0.0· :'.':','.;.,. ":', \. .EXHmIT RECAPITULATION . Total. -Pittsburgh Steei Fedeial Credit Union Ag::eement NOTE:The real estate is to be sol¢'and proceeds thereof will remain the separate property of Hilda Co:•...o ~5 t>e to f·<.n..tl'l .Li.A~'~t.\:mupti.::.l Certificate of Deposit -Western Pennsylvania Nat.ional Bank I:Individu:l.l assets'~~;. ;;'Insuranc;1:,~..',Ii' 11' H01;: "n ~l H'."~One~half jointly held assets . ,: ..::<t "T"J .~,T.:.fj ,~...'"..'," ::ii:1 ;[,Deposit ";; ~:H".! 11Ii ASSETS OF HILDA COMO ..i'.I "Iih HII iiII,!~. I;•~• H Ad.d.enda: -.<.'" ii ..'.'., 11 Checking account -Western Pennsylvania National i!....Bank.:'.., .'.1,000.00 i; I, H 10 $25 ..OC .United State's Savings'Bonds Series'E .~..':'.250 ..00 I'I! !\NOTE:'.1-.11 of the above',assets'.are held,in the names: :"I:I'\i of Hilda Como or.·Ross E ..·.Como,·as ..joint tenants with. i:!l.the .right of survivorship":i ..' .~\Real'Estate'-Rostraver Towpship,Wes.tmoreland .~:County,Pennsylvania .$16,500 ..00./i::; :i'Chrysler Automobilei:i~... H Metropolita..'1·Life ~Insurance'Policy iI No ..1064522lA '."!',.,"i!...'.,. I:.MetropolJ..tan L~fe Insurance Policy~No.5~0332620~. \1ii HII:~ ;:lo.n ti.'1.divided one-half (1!2~interest i:n and to real estate " \:consisti~g of house and lot in North Belle Vernon, ~;YI~stmcreland County,Pennsylvania:'. $4,000.00 .Total individual assets ,. :1c'0', ..~"'...Jo._. ~..-''.'-' ,. ;"',.':." .,. :'.~,.~".:. -"".,..."..~.". '."'",',,'.,..,';. !\,.•.".,. .'\. 1 i:.......,...~ ,. " •,'.f •.,..-,,.,-.........,."'f·"_""'''''''''.J':•.•:,,:.•..,..~_..tlJ:::,..~_.~;..~'......:...:~..::....,.L.•••""._:l.._._.~L...:.....:,~~:.~..·;,...f....u....~,;,...~.....'.,._ I -'~"• .•<.".' .' '.' ,';\.~:'. •",',,•<'1 .'• •".:".:'•I."" ,----...,..:~.,j 'I,-••#•• / ,\ -.\ i I..';':i ..'1 i .'.'j I.i j 'i !" • !~.... iI' 1r!! i ii.'III I" 1 j 'i.!;', ." j,'. II iI, \II, I, iIofficiali (0:;: ", '.", ,' .:.:.,:= officer~personally :. "',' .......I', ,: ,' ,' ", ",':..... ".... ...... ,.;'. ....," ....'..:1 . :.'.': .',' .., ~:. .:.... "..",",.;'". "I'• " !'"r .•.........~···71.J-j;K?4&~;;.::#L;...:·'/;..~_..__~1 , ":,NOtfl~pu:/i~jjI , , .....-. ,, :'.'.~".... .;.'~. ...;.. to be the persons whose names are I," ".....: ", .',,",.:. .,'. .'..~..:. "...:::.......".:"..~...'" "",", .....'.' • •..~t • .:''".'~ .,'::,,: .:'.~.', '.;'.." "'..','..;;~rTV Eo \1~:lzt:l,~!XO;,,:t't't.l;c ' ,'~OIl~;oal\1l13.Wa~l\',I\'Jlcn CI:Ii~I~1 ~, ,..,':.1)Colrnr.li;;slun f(~...'\~',',,.-....1!.a~3,107~:..,:}: " '..",.:;.....-,',".' ," :':,"," '..'.,. .':;:., "" , , ',''.:t', .''',:. .....:.. ...... ,"..:..'',:~;..,,'.'..' :.t •••::";••"''':'._ .'..:."~':..:..'..'.'~'..:". ...'."•,'j'••" "" .....' .::',''1:": :,:..........':,', .I','", " " '.,.,'.... ..;.... "...""", ." ........... seal.. executed the same for the purposes,therein contained,' "IN WITNES'S'WHEREOF,:'X hereunto set my hand a.l'ld .:":.''.:':'::".'.,.:...~.'.....;,.".'..'. ,!..t/1/ On this I ,the ~er-~f.:"~'.!,.day of SeptemberI A.D.1969" ll/',before ~e,a Notary Pu£J.1f,the undersigned COr-il\:O~~WE.~?H OF PE~TNSYLV~.NIA SS: subscribed to the within instr~£nt ,and acknowle~ged that they COUNTY CP WASHINGTON satisfactorily proven) 'appearec A.,Allan McVickGr and Hilda Como,known to me "H "nII,:Ii.1 it":~~I ii"Ii11I: ",I tiiiI,n·\it 'II: :1 ",: II'II·i! it,: I''\,I::J. i!;; I'nIi,i~: j::; ;II'"!, "I, nl!"'i""~:";; ~:. ii<'II 'i:1iii'iI~: " ,; .~." ".~ ,'' ....... "_,J', f' ...4- " " "': .... .t." ,.''~,.' ..' , I ",. ,"0,."I I ' .......~h••":,-.~:.:<,:·~~.:.~~~.'u.,.,/..i~_I ~._.•,,~..~:•••\; '..'\ '.~.':...'.........."~~-.., ••'..,l,".,;t if ~."-~: ,', '.') t.;••,:.".:... .........i '~, :"..,.. ..\,, ',"~: .'..'·. ·, ,","~ ,.' ~..."·..' -;.:;"~.' I~.I ' .'fli••~-:.:••~l ~~.:! ,. I.-l I ;i ~<:l':'."i .'" ~.....'. ':.';-1·. ..::;, .'.'..,: 'f"•·.'-.~.".';-.-.:.10 ,'....~..; '".:,,.~. 1.... I. !.I .! ,'i" ._",.:,..-.: ., I will and bequeath the sum of One Thousand Five I will and bequeath the sum of One Thousand Five .:>. ,3. and bequea~h to my wife,Hilda McYi~ker,,for and during the ter~ o..All the rest and residue of my.estate,both real and personal,.and whe~esoever situate or found,I will,devise Hundred ($1,500.00)Dollars to my son,David O.McVicker .. HcVicker.' ..: HUJ-.dred ($1,500.00)Dollars to my son,'Lloyd A.McVicker,of "'~'. .' ($2,000.00)Dollars to my niece,Janet Ann Gibson. Mo~:tainvi~w,California. I ~ill:andbequeath·th~sum of One Thousand Five Hundred .($l,~OO.OO)Dollars to my grandson,All~n Robert ",..'.. I,A.Allan McVicker,of Carroll.Township,Vlashington' ,WILL OF A.ALLAN McVICKER may be lawfully liable,.and the ~xpenses of the administration of ,- 1.I direct my Executrix,hereinafter named,to pay. a.ll my just debts,funeral expenses',transfer inheri ta."lce,_f sUccession anq estate taxes for the payment of which my estate· made,in'manner and form as follows: my 'estate as soon after my dece'as~as may be proper and expedient.: 2..I will and bequea·th.·the sum of Two Thousand and making v~id any and all Wills by me at any time heretofore• County,Pennsylvani~,having full legal capacity in the premises, do hereby make this my Last Will and Testament,hereby revoking ;.,;!; :; ( i:!~'.!;,U=i :i "I·"n~: ~: !i.: ",:Iii'~::1 .: "~:.( \!1: H;i ~;l~:. :.;:., ""!i< ";-: ': ;..'""I,:!i.. ;' Ei: ';i..;r,. if~; i~F ~: ~; ;", itI't~r.!.; ,,. :t: of her natural life,Ttli th remainder over,'upon her death,as -: I :~fellows:One-third (1/3)thereof to my son,Lloyd A.McVicker; ;: ..... ene-third (1/3)thereof'to my ~ran~son,Allan Robert.McVicker;and ". th~remain:ng one-third (1/3)thereof to my son,David o.McVicker. 7,The provision herein made for my wife,Hilda .."'I. ~cVicker,is in accordance with the provisions of an Antenuptial ..,, ••1.' EXHIBIT "B" J •,I.'__.;....;;;;;;,;~....;...~~:.~::::.':;:.=:::::::.:...~~:::~:::.:.~~~_..:....:.:.:.,'::..'':"::"._'~'~"-:..:::'-::..''.:.....!.:.....:....:.:....}.•....:..._l.~_,..._~,,_;s._,:.;_...._..:-'-..-.•-'-_._.'....0"--'-===-~~=-c---'--'."'-.=.,..----~'--'-;..:.'.:.."'.:....~-~~.I•.I•.:... •'",. -....;;.'..., ,. c.To sell at'public or private sale,to exchange .~estate in stocks,bondsi mortgages,,securities or other property, ";: i:i:real.or personal,\vithout,being limited by any statute relating ;: j~to investrr.ents by fiduciaries.' iI ~ I j. ,!I , !, IiI.. I property,\ .. To retain 'any or all of the assets of mya. My Executrix shall'have the following powers in8. real or personal,without any duty of diversification, specifically including any stock or obligations ih Western i:;i or to lease f~r any period of time,any'real,or personal :i li Pennsylvania National Bank I may own at my death. ,b_:"To invest and r~invest the principal 'of my l'addition to those v~sted in her by law,exercisable without ~~. ~Court approval: '... ""~!!~ ");Agreement dated September 5,1969. I.~:r To compro~ise,any:claim or controversy affect-:-:t,<~, ~~.. ", I:•...:":; ,';. 1'''"if~i Ii, i for such Executrix.j,, I direct that all Federal,State and other death e. taxes payable because of my death,with respect to the property ::.' ;:and to give options for such sales"exchanges or leases, ;~prices and upon such terms and conditions as my Executrix 'shall ";: .~~deem advisable. I~1;d.To distribute my estate to the beneficiaries ~1l!'entitled thereto in dash or in kind,or partly in'each.,such ;i ..allocation.of ,·assets to be in the sole discretion of my t:"'i~ .":,::: " / ary es.tat.e 'tlithout requiring ,any apportionment,reimbursement C'z:. ;: :;forming Tr.y gross estate for tax purposes,whether or not passing ;. ::under this Will,',inclUding any in'terest or penalty imposed in ,!:connection with such tax,be paid out of the ass~ts of my resi~u- i~ i: i.contribution by any beneficiary under this Nill or any Codicil ','.,~:. "there to. "'j ,. "10.I appoint Hilda McVicker as Executrix of this my j' ",, Last Hill and Testament.In the event that she shoul'':'predecease -2- .,, ;; ,"..... ,. ) ,",f,-.'l ,., , 'I':". .....•~.:....:.~,.......~._,••~_•.:.0\;':•••~:,....::-:...;',.'.'......""....'.:J...•o;..l...~1w,,;•..~'" "~" ,',.'",..'1 ·,~:..:":".;.-..","-,).,;,".,.:.';~••_•r~_,... ".," ,'_.I :;::.~: ? ~:.:;~: ,"'..;'.. .':'.' .~.}. ..'t-..:. ."~ .!".. ~,,, ~. .."...: .'(:'r ".\: ,,. \." ... ,'.:~,.;".;".r··: ,.:...,',' !. , I" Ii! ./.. ?/ • .'///.,I ../;'.' . I '/ '.(,--.'\/" I direct that the probate proceedings in and for his Last Will and Testament,in the presence at his.request,and in his presence,and in the IN WITNE~S WHEREOF,I,A.Alian McVicker,the Testator, 11.. '; ~:., :., ~':Testator,asr ~witnesses hereto.~· "( have hereu~to set my hand and seal to:this my 'Last Will and (.....,7·~ 1;Testament,'consisting of three typewritten pages,this _,_'-/_-"_ ::., :. .!: ":' .. .; It;:·con.'1ection ...,ith ~y Last Nill and Testament'and all legal matters,.::\;connected with the settlement of .my e~tate shall be conducted ;:'acknowledge¢i.and declared .by A.Allan.~cVicker,the above narr.ed :: .,I:!;by my counsel,Joseph L.Hoffm~nn,of Monongahela,Pennsylvania. I: i, The foregoing instrument.was.signed,sealed,published, i~i;presence of each othe.r,'.have hereunto subscribed our nal'nes as :\day of Septernber,'1969~ .'I: "I:!:H me,or shou:'d be unable to serve,or decline to serve,as such :~ ":1~,Executrix,then I appoint the Western Pennsylvania National Ean~ J il ,:as Executor hereof..'.il •~.'I~ ,'.::'. ./ ~. I~... ....,~. -3- c.,. .,.. ; COURT OF COMMON PLEA S OF WA SHINGTON COUNTY ORPHANS COURT DIVISION In re:Estate of A.Allan McVicker,an incompetent ) )No.61 of 1970. ) o R D E R 4(~-day of --+7f~Ia::::::::::"::~~=-'1971;,AND NOW,this the foregoing property settlement~-~~~~~~~~~~~~~~ .val;hUS is hereby approved. BY ", ,~-"....,--.......-, ·3 '. .01 In the Court of Common PLeas of Washington County,Pennsylvania Orphans I Court Division ."-'-~'1 Ii: No.61 of 1970 '.Ic' In Re: Estate of A.ALLAN McVICKER, an incompetent. y!f.\.,(~J~') PETITION FOR APPROVAL OF PROPERTY SETTLEMENT, COUNSEL FEES AND EXPENSEf ORDER ,~: ·t-'''''<4II~1 ,I ,~ .,.':-:j (-...., '::1 ~'..,',;'''~~f;"}--;)--_"-'If-~:,"C.'(cMari no_,J.t,~.~-~~~:~!_,;,\~" .~",' ...--'f ~-l ..,_> <2J <""•..:_ "~--~~:-;.~?~:':~:~ II ~ 1'01.;~..'e,~, ?1,::.;:> " "I ,.: ,~'~: 4 i'~;\I !'. I . 1'--,-'f .- ,"; ""I....S •.- ORPHANS'COURT DIVISION (COURT OF COMMON PLEAS) WASHINGTON.PA. ~2 , !_,.kJ:__.i _~ .' IN THE COURT OF COMMON PLEAS OF WASHlliGTON COUNTY,PA. ,ORPHANS'COURT DNISION mRE: --'Estate of A'.ALLA"N McVICKER, an incompetent. ( ) ( ) ( ) ( o R D E R No.61 Of 1970 ArID NOW,March 30,1971,the Court having considered the Petition for Approval of Property Settlement,Counsel Fees and Expenses,and having heard testimony concerning this matter on Wednesday,March 10,1971,and counsel involved in the proceeding haVing entered into a stipulation concerning the counsel fees at issue (which said stipulation of counsel,attached hereto,is approved by the Court)it is directed to be filed with this order,and the Court finds said fees to be fair and reasonable under the circumstances, NOW,THEREFORE tte Western Pennsylvania National Bank,Guardian of the Estate of A.Allan McVicker,an incompetent,is directed to pay to Greenlee, Richman,Derrico &Posa the sum of $4000 in accordance with said Stipulation,and the further sum of $206.10 as reimbursement for costs and expenses advanced by said firm in said proceedings. ourt, J./ .' GREENLEE,RICHMAN,DERRICO &POSA ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON,PENNA.15301 GAYLORD W.•:;REENLEE STEPHEN I.RICHMAN PATRICK C.DERRICO PAUL P.POS..e GORDON F.H 3oRRlNGTON ARTHUR M.W LSON March 19,1971 TELEPHONES: WASHINGTON 225-7660 MC::MURRAY 941-7590 PITTSBURGH 341 -7300 Paul A.Simmons .Attorney at Law Second &Chess Streets Monongahela,Penna.15063 Re:McVicker,A.Allan Dear Paul: Please confirm our letter so that we may submit to Judge Marino the fact that we have agreed on our expendi- tures and work. To:GREENLEE,RICHMAN,DERRICO &POSA 140 Hours @ $30.00 an hour 80 Hours @ an extra $5.00 an hour Extra Telephone Calls·and Hours not Logged .Total Less Amount Already Received Ba lance Due. Thank you for your help in this matter. $4200.00 400.00 150.00 $4750.00 -750.00 $4000.00 Amw/b Very truly yours, lWk/fllLtJ ~ We stipulate to the above,subject to the approval of the Court. HQRMELL,TEMPEST,SIMMONS, BY~Paul A.Simmons Attorney for Allan McVicker -/.......' 4: 'I( ,f ~,v ,, "'I) /':.''''.J(/-" ~&3- IN THE COURT OF COMMON PLEA OF WASHINGTON COUNTY,PENNA. ORPHANS COURT DIVISION 1--,,,,,,~-<, IN RE: FSTATE OF ALEXANDER A. McVICKDR,a/k/a A.ALLAN McVICKER,a/k/a ALEXANDE ALLAN McVICKER,DECEASED. ,J' ~) \4''to-!~ ;--)':.-,::~'.~/-.:'PETITION:':FYJR~REMOYAL OF· ATTORNEY :}o~I ,JL..,"',q i (.,'. -.::--::"t..••, :;.. , ~--'"''-"..../IT~/J.:C)3:?,,:.e".,i ~~~f-~' •.,',~~'"tc::r" ,// f 'r'-If .~~-~%J ~! "~4\~. '\~l'EMPEST &SIMMONS ~~ATTORNEYS AT LAW~\)\l 223 SECOND STREET ~~~~ 'u~;:2.'/~'/'1:1/ __~__~v~j-.:::..~~""------,-,,~/-f_¥.L..--.L.7~_ .) (, \ l.\ <-- (., (f'i i/ '\"i-' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS COURT DIVISION I~RE: ESTATE OF ALEXANDER A.McVICKER, a/k/a A.ALLAN McVICKER,: a/k/a ALEXANDER ALLAN McVICKER,DECEASED. PETITION e FOR REMOVAL OF ATTORNEY The PetitIon of Lloyd A:McVicker,David McVicker,and Betty McVicker,parent and natural guardian of Allan Robert McVicker,Jr.,respectfully represents as follows: 1.That A;.Allan McVicker,the above named decedent, died on January 23,1971,and his Will has been probated in the Ccurts of Washington County at the above number. 2.That the above named persons,namely,Lloyd A. McVicker,David McVicker and Betty McVicker,are the only persons who have an interest in the above mentioned estate of any nature or kind. 3.Under the Will of the said decedent,Western Pennsylvania National Bank was appointed as Executor. 4.Further,under said Will,paragraph 11,the fo11ow- TEMPEST &SIMMONS 223 SECOND STREET MONONGAHELA.PA. ins is set forth: "I direct that the probate proceedings in connection with my Last Will and Testament and all legal matters connected with the settlement of my estate shall be conducted by my counsel,Joseph L. Hoffmann~of Monongahela,Pennsylvania. and pursuant to said paragraph 11,Joseph L.Hoffmann has engaged upon the duty of attorney representing the above captioned estate. · ....: TEMPEST Be SIMMONS III1S SECOND STREET MONONGAHELA.PA. .J 5.That prior to the death of the said A.Allan McVicker,the said Joseph L.Hoffmann ceased to be the attorney for the said A.Allan McVicker and in fact refused to represent him in a matter involving litigation over the construction of an Ante-nuptial Agreement. 6.That under all of the circumstances above recited, the three Petitioners herein request -that the said Joseph L. Hoffmann be removed as attorney for the Estate of A.Allan McVic~er,deceased,for the reason that he refused to represent him ,during his lifetime after he had drafted the decedent's Will. WHEREFORE,the Honorable Court is requested to issue a Citation requiring the Western Pennsylvania National Bank, Executor,and Joseph L.Hoffmann to show cause why he should not be removed as attorney for the above mentioned Estate. HORMELL,TEMPEST,SIMMONS, BIGI &MELENYZER By_-p-~_-::---:-.!-~¥-_ -2- I COUNT¥OF WASHINGTON COMMONWEALTS OFP~NNSYLVANIA ) ) ) 55: ., Before me,the undersigned authority,personally appeared DAVID O.McVICKER ,-----------'"'-~(._......-----:------------- .. wllo,being duly ,sworn according to law,deposes and say 5 that the facts',set forth in the foregoirtg Petition for Removal 'of Attorney are cor'rect and true as he verily believe • 13th SWORN to and subscribed ·before,me.this 'day of ._~A_"·p,-r;;";'~;;..·l ,lilt.1971 E1H~L R.BARKEY,NOTARY PUBLIC MONONGAHELA,WASHINGTON COUNTY MY COMMI&SISN EXPIRES APRIL 9,1973 M·~:]lb<r.Pennsyi~aniRAs~'Gci"tior.cf Notaries .- ".~.'1- 'In -:-;?'_"~__... ( .(..... '. ..,'·~""·-·"·""'~·'-·"'··"-"J>"'·-''''''lo'-''__''''b",,,·,,,,··_,,,,,_··,,,,·,.r ~_._;!_.__,...."'"-...-.-_.-..,.~__,.."..--.-:..."'""I':>.~__" ;~.f.i ·~Hj~r.'j b~lCj 0::3'.=':':0:)$"1R '. t oo:..c-...,.,._....~~~-...-.......~;~••_ '...,._••....,.,••.,~.JO...-u.¥....'" J,• ~,',,--~...-.. ·..."11'..•_,.·..,:;·._,·.~W..U;JLl •(_...,;:w.t;"'~.,.........:.~.;...~...;~.Ii".:.,'_..-.. ... !H:HU 'l;)adii~','b:t:-: ~.' .,.'\~" I • ;¥'~'~":~~: .\.~..),.. .,...-...>~-.;,.. .! '..•a·......_...,·........;.~.__"..."'....... •,,(,q.l••~._.,j'~~~.rti '~p~t:)1:~(1~ t""',..)''/'" ~!(.I yn.b ·..:·:.·•.•'.....1--· :: IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS COURT DIVJSION IN RE: ESTATE OF ALEXANDER A.McVICKER, a/k/a A.ALLAN McVICKER, ~/k/a ALEXANDER ALLAN McVICKER,DECEASED. ~3-7~-~I. AND NOW,this o R D E R tf!v~ rday o~,1971,upon consideratio TEMPEST Be SIMMONS 223 SECOND STREET MONONGAHELA.PA. II of the Petition annexed hereto,a Citation is hereby issued on the Western Pennsylvania National Bank~Executor and Joseph L.Hoff-J ~ mann,Attorney,to show cause why the said Joseph L.Hoffmann shou d not be removed as Attorney for ..the above mEnioned Estate.'~~~~IZ-/117IJI':- All proceedings to be stayed in r gard to this Estate in the meantime. ... I '.,':'j' . I•':f I 'f .......,.... I -INRE:ESTATE OF, In m~t C!lnurt nf C!lnmmnn .'1tus of lIas~in!ltnn Qtnunt!J~'Jtnns!J1uania @rp4uun'Q!nnrt .1lJillininu (.. .-'.'.(.')..) ALEXANDER A.McVICKER,aka (Ifrt·t tt."tt·n.u ( ,A.ALLAN McV:CKER,aka)'~"')NO.63-70-61 ':'ALEXANDER ALLAN HcVICKER!({~..DECE"'A'SED.), , ) Q!nmmnuttttultl1 nf 'tttns!Jluuniu t Q!nnnty of i!Ju54ingfutt )5ll: To:WESTERN PENNSYLVANIA NATIONAL BANK,Executor of the Estate of . Alexander A.McVicker,aka A.Allan McVicker,aka Alexander Allan . ."McVicker,DeceasedSurPetItIonof:LLOYD A .McVICKER,DAVTD McVICKER-,and . BETTY McVICKER,parent and natural guardian of ALLAN ROBERT McVICKER,JR., ~rrrttug: '.,.WESTERN PENNSYLVANIA NATIONAL BANK,Executor of. ' .JlIt QtnUtmatt~Inu.the Estate of ALRXANDER A.McVICKER,aka A~ALLAN McVICKER,aka ALEXANDER ALLAN 'McVICKER,DECEASED,. that,laying.aside all business and excuses whatsoever,you do file in the office of the Clerk of our Orphans'Court of Washington County,a full and com:- plete answer,under oath,to each and every of the averments of the s~id petition;on'or before_----AM..."o.....n..."d...",a'..}-y ,the ~2th ..day of__=-Ju=l=y"--_ 19.1.L,at 10:00 o'clock~..M.,and show cause why Joseph L.Hoffmann m'ould not be removed as Attorney for the above mentioned Estate. All proc,eedings to be stayed ,in regard to this Estate in the meantim·e •. and further abide the order 6~our said Court in the premises, If you fail hereof,the·petition may be taken PRO CONFESSO "and a decree made against you.. '"WITNESS the Honorable P.Vincent Marino,"Judge of our said Court, at Washimgton,penna:'l t.he 2istday Of~·,19 71 ~?n~ Clerk of the Orphans'Court ;..,. ,. ~.\ f ( .;;".\ \\..'. ,,,':TEMFEST '&SIMMONS.''-'..,Esq. '.",Attorney'for Petitioner......\\223 Sec~nd Street, ,',·~(·S':''::..,:\.i,:I'fononga~lela,.'(Sea~Y><~.'.\:;,Penna•.t5063. ".~...'\'..~"..:'...."":'".:;'..' " .. 3Jn m~t.QInurt nf QInmmnn 'lrus nfllul1Qingtnn Qlnunly,Jrnnl1yluunin IN·RE:®rp4UUli"Q!nurt·mtnisinn ESTATE OF (..'.'.. ( ALEXANDER A.McVICKER,'aka)) ·A.'ALLAN McVICKER,aka (/frt··tttt·t·O.u.(.ALEXANDER ALLAN McVICKER,)\!,1.-"')NO.·63-10-61 . ".DECEASED.(()l .<lLnmutIlltlrtrlllt4 nf Jruunylulluill Inn:. Q!nunty'nf llIuslliuUtntt ) T .JOSEPH L.HOFFMANN,ESQ.,Attorney for the Estate of Alexander A..Mc~ickerJ'aka A.Allan McVicker,aka Alexander Allan McVicker,deceased. Sur Petition of:LLOYD A.McVICKER"DAVID McVICKER and BETTY McVICKER, parent and natural guardian of ALLAN ROBERT ,McVICKER,JR. ~'l\.WI.e Q!nmmutW Inu.-"'J~o~se~p!.-"'!h'--L~.~H~of~f~m=ann~.c------ that,laying aside all business and excuses whatsoever,you do file ill the office of the'Clerk of our Orphans'Court of Washington County,a full and com-. plete answer,under oath,to each and every .of the averments of the said I I i petition,·on or before Mondsy ,the l{Zthday of__----!JiUu~l~yL.-----:.- 19:u.-,~t 10 :00 .o'clock~.M.,.and show cause why the sai d·Joseph ·L. Hoffmann should not .be removed as Attorney for the above mentioned Estate •. All proceedings to be stayed .in.regard to this Estate in the meant.ime; and further abide the order of.our said Court in the premises, If you fail hereof,the petition may be taken PRO CONFESSO and a decree .made against you. .WITNESS the Honorable.P.Vincent Marino,Judge of our said Court, at Wash:ngton,Penna.,the 21stday Of~."'.'. .,19 7'.. ..~.'?n~ ..Clerk of the Orphans'Court ....\. ""..T:EMPEST &SIMMONS,.Esq. .'·.A~t;;neYfor Petitioner.\..\~23 Second Street, .(·Se~t}':~:·-:.~·\\.'~~~~~~:hf~~63. ~.'.....\'.,-,..~}.~.;!...~::;:..,:,;. .."....:.,J ~::s(J) ~ (l) '"1 A'•();l>~::s::s (). 0~::sl--'0(l)""-p..,. GQ(l)C-.jp.~•l--'c~ ,. ;l>l--' c-t ./-..0 c-t -.J 0 l--' ~ ,. ::s(l)~ ~ (l) (J) () (l) H:l ~ 0 '0 '"1 c-t I-d 0 (l) ....., c-t ~ () c-t 0 ~ "d 0 "'<1 ::s(l)0 '"1 H:l •~~ c-tp- t-"::s ---,, ;-,..., \~/ ·I·~ · ANS1.oJ'ER OF :JOSEPH L;HOFFMAN ...,1--.-....c..~-.=J Deceased Order. And now,July 8,1971, within answer of Joseph L. Hoffman presented to the Court,and directed to be filed. ~"GZ:=rt d41"~'f'( ~ Estate of ALE~~NDER A.McVICKER, IN THE CO~~10N PL~AS-O.C.DIV. No.63-70-61. 't- '\ I .. \. •'W '-' 1, ~r '1. .- /' Y~4 • ~~I \' f>..\ .. :, ~ THOMAS L.ANDERSON ATTORNEY ~T LAW loae WASHINGTON RUST BUILDING WASHINGTON•.P NNA.15301 t. I__J IN THE COURT OF COJ.IIIMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA, ORPHANS COURT DIVISION, Estate of ALEXAHDER A.McVICKER, Deceased ) ) ) ) ) ANSWER. No.63-70-61. The answer of Joseph L.Hoffman,one.of respondents, to the petition filed June 8,1971,,and the citation issued therecn under date of June 21,1971,to show cause why he should not be removed as attorney for the estate of the above'named Alexander A.McVicker,deceased,respectfully represents,to wit: 1.The engagement and employment of his counsel by an executor is a matter of personal trust and confidence between executor and counsel,within the exclusive discretion and province of such fiduciary (irrespective of any testamentary direction), and none except the fiduciary has pOv18r to engage,dismiss,or remove such counsel. 2.The facts averred in the petition as grounds for relief,to wit,that this respondent refused to represent testator in his lifetime in litigation over construction of an ante-nuptial agreement '(after acting as scrivener of the will containing the direction to employ respondent as counsel for the estate)does not justify removal of the executor's counsel by the court,even if the court possesses.power to remove. 3.The averment of paragraph .5 of the petition,to the ef1'ect this respondent ceased to be attorney for testator in his lifetime is denied as therein stated,except as to litigation of an E..nte-nuptial agreement,and for further answer it is averred ,this respondent continued to act as attorney for testator in his lifetime,from time to time,except as to the litigation over -1- "q ... the ante-nuptial agreement.For further answer,it is averred this respondent,having been scrivener of the disputed ante- nupti.9.1 agreement,was justified when he refused on ethical grounds to serve as testator I·S counsel in the litigation .. over the ante-nupitial agreement,and the same is not grounds for his removal now as counsel for said estate. Wherefore,this respo.ndent prays judgment,with costs. Attorney for Joseph L.Hoffman, One of Respondents. Connnonwealth of Pennsylvania,ss.,County of Washington: Before me,the undersigned authority in and for said County and Commonwealth,personally appeared Joseph L. Hoffmen,who being duly sworn deposes and says he is one of the respondents named in the above entitled proceeding,and that the averments of fact contained in the foregoing answer are true.and correct. Sworn to and subscribed me this ~day of July,1971. Address . My commission expires -2- BOB A.·tR·A~KS PROTHONOTARY My Term Expires FfrstMondiy "'ANVAR'Y,197'2 "" l' '-1~ II I if ~,~ IN THE GOI~10N PLEAS-O.G.DIV. No.63-70-61. Estate of Alexander A.McVicker, Deceased "~ Hof.fm!lrlJ,~On BRIEF, Behalf of Joseph L. R~~;mdent -.~ p......,....)I"'..!~r)~c:_ .......,,~;I ''''''';tj..q .. r'J ~,. \~,.. "-I '; !(-., .*J ...\~ o =::u~C~::;:;~~(i}-;.....: t-;-.,.....,..;rq ~:..:'o ..~)r" ~:~.-::-..~ '0 ';-_o =.~:,•. :::..::~~-:"U ;-.:~y. ,l,..en 0 <::.::J -..J "".-""t-.'". '-1~1I!:J t......t-!t\........;. ." <-- I\~ THOMAS L.ANDERSON ATTORNEY AT LAW 1026 WASHINGTON TRUST BUILDING WASHINGTON,PENNA.15301 t,_ ,. IN THE :OURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA, ORPHANS COURT DIVISION, Estate ::)f Alexand3r A.McVicker, Deceased ) ) ) ) ) BRIEF, No.63-70-61. On Behalf of Joseph L.Hoffman,Respondent. The petition of the son~and grandson of testator, remaindermen named in the will,praying for removal of Joseph L.Hoffman,as attorney for 1Nestern Pennsylvania National Bank, executor,came on to be heard.The factual ground of the petition was an alleged refusal of the attorney to represent testator in his lifetime after having been scrivener of the will.The chief witness was David O.McVicker,one of petitioners,and a son of testator.The oral testaimony of David O.McVicker did not touch on a speci fic charge in the petition that the attorney had refused to represent the testator in litigation over an ante- nuptial agreement. The witness did not cla.im Mr.Hoffman was unqualified professionally dr lacked integrity (he is currently president of the Washington County Bar Association),and in effect admitted testator and the family looked to Mr.Hoffman as testator's counsellor.The witness did not follow up an offer to testify that Mr.Hoffman refused to represent the testator in litigation pending.Rather,his testimony was directed solely to what his attorney called a "refusal to protect the assets of the estate." This last named "refusal,"it developed,was a refusal of a request of the witness not the testator to "freeze"a safe deposit box,standing in the testator's name (to which the witness had a key),so a designing person (perhaps testator's younger second 'Kife)could not make away.with the cqntents.Obviously, these allegations,if true,constitute neither a "refusal"of -1- ~•.'I 't,-ctll' the.~estator-client's instructions;nor justification for c' removal of the executor's counsel. Asa matter of law,as set out in Mr.Hoffman's answer,the .engagement and employment of counsel by an exec~tor is a matter of personal trust and confidence between exec-J.tor and counsel,wi thin the exclusive discretion and prov·!i.nce of such fiduciary,and none except the fiduciary has ?ower to engage,dismiss,or removal'such counsel: Rest3.tement;Trusts,sec.126 (b);and Faust Est.,364 Pat 529,'cited with approval in LaRocca Est.,431 Pat 542,548 (1963). This r~le is unyielding,in the face of testator's ,contract with an attorney to settle the estate,or a direction in t:"le will to employ him:J;i'oster's "Est.,63 Pat Superior Ct. 169;Katz's Est.,28 D.&c.593;Felix's Est.,52 D.&C.- , "L37;Kreider s Est.,'42 D.&C•.(2)46 aff.without opinion 426 Pat 617;.Restatement,Trusts ~ec.126 (b)supra;and Hunter,O.C.Prac.,Atty.and Cl.sec.1 (b). Accordingly,the petttion is without merit on the faots or the law,and the petition and rule should be dismdssed at petitioners'costs • .Rr:{~l~:~ Attorney for Joseph L.Hoffman, Respondent. July 19,1971. -2- \.. •.,\,...,-" January 19.1970,'. .I.. .I { .,....,..,..II' \,,, THIS LETTER SENT TO ALL NEXT OF KIN MENTIONED IN THE PETITION -CERTIFIED MAIL.~ ,',,'...,.\0 I,'••, ,'I ..I , I • " .i :•.•~.'•I.}.', " ,\~'.I',"I.:I .'•I. I ~•I • , I 1 " ,. ". , I /.I "I I i'l'" •'I !,'",I," " ":''.:,,;:I:\t-'\(t.....:...:..~•. !, \ ", :I,. I.'.'Enelo~'~d is the Petition 'for the AWobtccnt ' "of Q Gut!~difin for Mr.''/i..Alla.n HcVic!:cr.llA·Crest- ,v1C'~lI'.t4nor.MOno:t:.gahe1a.·Pc-.(1nsY,lvania."',, ,.'".".' ,"';,'::""A~''~~'~ill ~~t:i.co ~n th~ot'taehed'P~elie!na2:1 ..Order of Co~,the hecr!~into the co~eta1cy of ";;".HI'.A.Allan r-tcVieker will be lleld in the Orphans t ;.:....,'COl.."t:t o~WQsh~nzton COt'!~ty ':s.r;'~e t-1aold.i1gton County . ,courthous.e .on ~iondny.FebrOOt')i 23',',1970..at 10:00 A.M•• ,.last~.Standard 'l1c~.,: :. " t I ~ .-'.Verr truly.yours,.(. ,.,\ \,' "'You lilay eppea~'eDd malte:your views kDcnm 4t the bea7:1Dg..t'.',, '.",'.I " " "'• ' • ••••,..'..I '\'f'I,I.'"",.. /t ;,r Patrie!':.C~Derd.co A~tomey at,law ' ,". 1.4 .-"., 'j.I,!.",PCD/b<1D' Encloow:e ,'':I.,I." ,,, ,.,I .. .,, \ ) :. ,, ..~t _..._--.,-'- 1.;,, -".,'" " r....'t ·1~ '..I .., .... .. )i ru~...I t--.lr...>..............:E ::0 :::0 e"-'):>rn e.-r.:::P'•(f)G)::r.:-U)":te.:'t~~~1lU)(;J :i:JZ-1 rfl '"C)!'"1 I ~J-1 ~r- "0 0 :c-»z -n 3,;:-T--,-~0 =:f :;rJ0rZ-"r 0 (J"1 i:'J:>(f)"'c:::>,~. < /, '\ " /.).,... ••..' ·-1 , GREENLEE,RICHMAN,DERRICO &POSA ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON,PENNA.15301 i ,o..., c...a:...>::::i...Q...<c oz c...a:......U)a...a: D l~'.-.(" I ,.,,..c :z c> :P'>0 '"'"i-t U),.,C> "'"c:~:j en"Z ,.,0 "II 0...-t &C :;w ;;;'"~., J '",.,.......zOO c '"'<;t:-::>;:P\O z c ~~Z ..'"....t:-::>,.,p z f''"0'P S'~en :i §~c'ca·=_-4 .a :>-~I .-..s!.o :a 0 z ...m ::t.~.~c:-IS <~~~=r III ..~CD 0 ("').c 1il Is."Co3 .....~s ~]'•....(;:)"Q)- ~.'":.III ...~'3en~aO .c ;:::E:::-...CJt':l .;:U)<"0 -Z ".U)'"~;s lS-D en ~...U)~'"a:...:E ~~Q ...~::E::I ~-4 Q U)'"<U)~,.,Q':a ~...,,,,0 III u....."'"0 a:.s!!l 1"1 '"==r cc~=0 ...c c'"@~0 <....an '",:E ...;:~~S"",}~..'<u..a: '"l:l 1"1 z 0 ...~.~~c >,.,..-a:::::i'"c .....,.~~~<;0 ...a:...~CD 3 m cgo'os-g.-;"'::a ....:;-t':l a:~"'t =1»_...~s:.~..CD Z :::E:~;.;:'",.3:•."f')~g,~G).....0..-."'.=::E:~Q''"m -"'.(1)I !t':l '"Q."03:.. Q'~.""D~..l\I ~S"~6~"Q' '"~~~=rr-< %~~~m....lllom..~z C ,\~...:1 "CD .....ffi·..-<...0 \-....(I) ,~""'"3.~"..~~~,....l ..,~--.~---- \ '"'l,,-1".~..i_.._-- ",",,..'- .....;,."'"\..,' For Sale by'P.O.Naly Co.,Law Blank Publishers,425 FourthAve.,Pittsburgh,Pa.15219 ,, I\uuw'ttll iI,ttl by t4~..6t Jrt.6tutl1, Form NALY No.119A Power at Attorney b~e0~•••••••••0 •••••••••••••_••••••••••••••~••••_.•••__••••__•••••••••••._•• Hereby giving and granting unto my 8aid attorney the fUZZ and whole power and authority in and about the premise8;and generally to do a"ll and every act and acts,thing and.things,device and device8 in the law what- soever needful and nece8sary to be done in and a.bout the premise8,for me and in my name to do, execute and perform a8 large and amply,to all intents and purpose8,a8 I.might or could do,if personally present;and an attorney or attorneys tmder me for the purpose aforesatd,to make and substitute,and the same to remove and revoke at mv pleasure,hereby rratifying and confirming as,good and effectual,in law and in equity, all that my said attorney f)r his substitute l!hall lawfully and legally do by virtue.hereof· ]n mitntsg mbtttOf,I have hereunto set my hand and seal the 26th day 0/January i.'he y,ar 0/oar L".,~~....ha.~~ne . ~~~Z:::::~~~f ~.-Lio~1n~ICviCke~-~me ...........:~ wqut I,LLOYD A'.McVICKER,I of 630 Chesley Avenue',MOl;1ntainview, California,94040,and Son of A.Allan McVicker,deceased,who died January 23,1971,at McKeesport Hospital,'McKeesport,'Pennsylvania, ha ve made,c0n8tituted and appointed,and by the8e pre8ent8 do make,constitute and app.oint "my Brother,David McVicker,of 2121 Neal Drive,McKeesport,-Pa.,.~-' my true and lawful attorney "tor me and in my name,piace and 8t~ad,to act for me in my stead in all matters pertaining to the Estate of my late Father,A.Allan McVicker,and to execute any an.d all paper's of every kind whatsoever.,:that pertain to the Estate and/or any of the affairs of my late Father,A.Allan McVicker,and to do anything that is necessary in the sole discretion of my Brother,David McVicker,to settle said estate. ..lil,t:l~'"-..."'..::s '"p.'."" .!ll ol~p. Ill.<i~~co ::s~s 8~ ~oj-::s~§>0< .,t:lp.~~~:&: ~~ ~ f/). :;::;r""l'fi)o <.#.1 00'\0 50t ,Z,,--F;..Q~.r.c:15:0 '~rD}&n .t H.1"=1 cd '~-<..J"":!l ''''d "O:i NOJb~~~i\~.~~~ III !.~\:.l n "I JE4~:g!"Ioiaot ~a~h,••~c.Ch~.JiW r;§:J.......... 0"1\,:.,.'"j'-r:':1:'~n"ll <1'{q Y1'1 I i §i')~~~~~Ioal1"=108~~F~Zff3 E-4 ~ooZ<G< LIP Ii ~Pj \b·~~2L ~~~~ H p::j .~~E-c,O 0 /1 fl'!..~'""1'i .J~<'~'.z.to "'.',r:-:...r'"0 '\1.0".'.""'r'"'''~ ~~ r ~,~::; ~$.t 1:oQ' ~=~ I:oQ ...U ~ ....... U~> ~....~,0 :u~<::> ::l:: ~1+-4 R:.• ~Q « Q.....Q ~ ~>-0 Q ~ ~. ~a ~=~ .\. ".'( Pennsylvania~tate of ~::......} Washington .s•.QtountP of ,:. On this 2.6th~.day of .January A.D.19 71,'before me a Notary Public cam~'the a'bove named, LLOYD A.:.MeV I CKER and acknowZedged the foregoing Power of Attorney to 'be his act and deed,and deBired the same to 'be received and recorded as BUch in any part of the United 8tates of America,or ~'l8ewhere. mitness .my'hand and Notarial .'tieal,the day and.year·aforeSaid. G;JLR'~'~~...:,..'....~.Ie!'deJtJoua1,.",/-._...eJllAL '1 tS 1~1:)!l!O !JU(W.!.il','::O'l'~u""'nb'\er .•••II --••":."~.'i"'"".•~I c..'"'"••.••!i....•. . ••••••••......ETHEL R.BARKEY.NOTARY PUBLIC •I L -'7:"'1 :.'to ..8 tea MO~.ONGAHELA.WASHINGTO.N Cql.!NT'(:.·:.' • • • • • • • • • • • • • • • • • • • •...'MY COMMI~SION EXPIRES APR!L 9..1973 :,'D W'iIIlX"!~{}.•~.V ~.ll:·,.,j \ ."t'~/Mel"lber,PennsylvaniaA.ssociafionofN.otaries ...... ,ed 'tqunoO UOJOU!!.lSBh'. jO IJrJ00 S,Ue4dJO a4l UI ~~-~ ·_~·~o No.63-70-61 In the Court of Common Pleas of Washington County,Pennsylvania Orphans'Court Division'\.> f; .".f// // ,/{/',r;)" I ,..;\;'l'").I.•,1'---- 1 \ In Re: .E:::;tate of ALEXANDER A.McVICKER, a/k/a A.ALLAN McVICKER, a/k/a ALEXANDER ALLAN McVICKER, Deceased. \ ~.~,f..-,........... r"'r'; c:J... ..-..., r>...> e.-~ :If: '" ~ ::::l':" <::::::lt...n OPINION '(Marino,J 0) .~ ."5.lIh ~.~_,..,'-IV :0..--.'en rTJ ;;:'~0C::-J ..~...':--u) i -:<::~(n r;J rT1 rry-;__r- '0 ~.......:-.~ -,..0...~...""'"T'!",,-,~(")';;;: C>-.0 ~;~~!J~E~ .",• '1r. .~ \' I't . I ""-t......' {...." '- ORPHANS'COURT DIVISION (COURT OF COMMON PLEAS) WASHINGTON.PA. ''''" " ""l! • dL J A c+-=_~Y-~, ~2 II', t -i .,~~ ?'.. / IN"THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,~ENNA. ORPHANS'COURT DIVISION INRE: Estateof ALEXANDER A.McVICKERI a/k/a A.ALLAN McVICKER~a/k/a ALEXANDER ALLAN McVICKER, .Deceased. ( ) ( ) ( ) ( ) ( No.63-70-61 OP I N ION Marino,J.,January 21,1972. A.Allan McVicker died January 23,1971.In decedent's will,iWestern Pennsylvania National Bank was named Executor.Paragraph 11 of said will provided: "I direct that the probate proceedings in connection with my Last Will and Testament and all legal matters connected with the settlement of my estate shall be conducted by my counsel,Joseph L.Hoffmann,of Monongahela,Pennsylvania.n Petitioners,·children and a grandson of the decedent,have presented their petition :Eor the removal of the attorney for the executor.In paragraph 4 of said petition they allege that "pursuant to said paragraph 11, Joseph L.Hoffmann has engaged upon the duty of attorney representing the above captioned estate.n \ :This is not precisely correct.While it is undoubtedly truJ that the Exeeutor chose the attorney in part because of the suggestion in the will,.there was no requ;irement to do so.A testator,by direction in his Will, cannot bind his executors in the selection of their counsel.The status of attorney and client is a relationship at once personal,reciprocal,and .~.~, i I confidential.No one can impose it upon others.It must be entered into freely,fairly and advisedly by the attorney and the client:Schafer's Estate, 39 Pa.Superior Ct.384 (1909);Restatement,Trusts,Sec.126 (b). This must necessarily be so.It is the executor who is chargec5.with the duty of representing the estate;he is subject to liabilities in connection with said representation.He should therefore be free to select counsel in whom he reposes the utmost confidence.The attorney represents him individually. It may be commendable to choose the scrivener of the will, but there is certainly no such requirement:Katz's Estate,28 D.&C.593 (1937);Felix's'Estate,52 D.&C.37 (1945);Kreider Estate,42 D.&C. 2d 46 (l966). Petitioners assert that Mr.Hoffmann had ceased to represent the decedent after the will was drawn;that he refused to represent him in a specific matter when requested.The inference is that if Mr.Hoffmap.n was no longer decedent's counsel,then the direction to retain him (in .. paragrg,ph 11 of the will)would no longer'be valid since he describes the individual as limy counselll • w~need not pursue this line of inquiry,as it is not pertinent to ,our disposition of the matter at hand.As already stated,the selection and employment of counsel by an executor is within the exclusive discretion of the fiduciary.And he alone can determine whether counsel shall be dismissed.If trust and confidence in counsel are lacking,the executor may consider his dismissal.Others cannot mandate the engagement of counselor his removal:Foster's Estate,63 Pa.Superior Ct.169 (1916); Kreider's Estate,supra,(1966). -2- ·' "'''-,-f'"•,I ,0 ~ The alleged refusal of counsel to represent the decedent is not borne out ,by the testimony. Where a conflict of interest develops it is not expected that one client shall be dropped in order to be free to represent the other. :.'~''As we have stated,,the personal representative must remain free and unhampered in choosing his counsel so long as the attorney is orie ~f integrity <;tnd'has professional competence.The heirs can ask no more.It is the executor who is charged with the duty and obligation of settling the estate of decedent,and if he is remiss because of incompetent counsel,he alone is subjected to the liabilities imposed by law. We see no valid reason for disturbing the choice of counsel made by this executor;the petition for his removal is dismissed at petitioners r cost. , ~~~<:(<<:~<--C rJ. -3- " ~lt .t1]~cnnurt nf arnutmntt Jlrus nf lJun4iugtun aruunty ®rpqunli'Q1nurt ilintainn J In th'matt"of th'~ndlt of Acoonnt ~~ Estate of·J-~&a-w~c" TO THE AUDITING JUDGE: Enter :&t:~ ~ appearance for ~~/'7 N.B.-Counsel shall,by separate paper,present a concise statement of each claim,with supporting calcul'ation 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,. I ...0 Q) I ..., 3rJlIi:1 ,S...,l-I'l::l0 - t.>0t.> <11 :J...0 « +->'.."0::l <11 Q).... I'l....' 0 '""z ,- .,'.', " ..)..) ~~3·70~&1 Affibatttl OOf Executor OOr A~mint!ltrutnr ....,.JI ;.~tatt of 'mnsulnania.}ss.. . .,.~~'---' arountu of 1lhMft~iiff ../0 c:>G L5 P ALLIEGbHEfNY h d . d h'nntary,nublic . d f 'dersonallyeoreme,t e un ersIgne aut onty,a t.t.vo .I:":"m an or Sal County and State,appeared ~~.~.:.~.:.~.~~.:~~.::.:.~.:..~?.:.:.:..~~:~who,being duly sworn according to law,deposes and says that x]m{xig the executor ~tc~iUt~f{of the estate of ...........~.:~~~~~~.~y.~.~~~.~deceased;that the foregoing schedules constitute a complete inventory and appraisement of the real and personal estate of........:...h..,.....b.~1.~.~....M.9.Y.J£~.E;.~...., deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item of real and personal estate in the foregoing schedules are determined and stated by the undersigned to be the fair value of said items.as of the date of the decedent's death,based upon a just appraisement of each item made by the above named Executor •~~.. .C WEST!PENNA.NATIONAL BANK,EXECUTORSwornandsubscrtbedbeforemethzs..........} day Of·rr~Jl...:-·~·.·TA1:..?..~~X.~~~.::~~:.. .......~r...!:~.;:h.................................0 ~~~ Not'ary,public '.P'b,/I!.ME:qER,NotlJry Publi Eugene S.Bender,Tr .officer ".C .., :_.IHs urg!\OOlJIIIQ~t,J,l}i~TRUCTIONS 1.An invent0f.Y m~s~b~'~E.t~~~9,sJ~r appointme~t of personal ~epresentative. 2.'A supplemental IIiventory must be filed wIthm tlirrty days of dIscovery of addItIOnal assets. 3'.1 Original and 2 ,Copies and 1 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,<,including Copy of Will and copy of Federal Estate Tax Return. ,•:'.REFERENCE FOR ADDITIONAL COpy i:','.,.Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2 ,l' ......:.'31u:eu~aull ~lils~eut of the goods and chottels,.rights and credits which were of iJ../)B..N.U.L..~f..&late of :.. '"Washington County,Pa.,taken and made in conformity with the abave affidavit. )I Cash Cash found in home Cash transferred from western Pennsylvania National Bank, guardian account Continental Casualty Company,refund on unearned pr~mium Long Warne Insurance Agency,return premium on cancellation of auto policy No.AR629567 Manufacturers Life Insurance Company,balance of annuity payments re:policy No.156450 Mcnarch Life Insurance Company,proceeds of policy No.26298R,claim No.10362 General American Life Insurance Company,proceeds of policy No.G7528 Treasurer of the united States,Social Security death benefits Stocks and Bonds $11,087.18 p.v.Western Pennsylvania National Bank, Growth Bonds,G-153939,5%due 1/2/85 150 shs.Duquesne Light Co.@ 25.78125 100 shs.W.T.Grant Company @ 52.1875. 150 shs.Hammond organ Company @ 10.4375 114 shs.Kennametal,Inc.,@ ~9.90625 (Continued) DOLLARS CENTS I $3.14 4,455.56 4.31 35.00 4,575.00 i 2,359.74 5,250.00 255.00 11,087.18 3,867.18 5,221.88 1,565.63 3,181.31 $41,860.93 /s-:<~ .......'Inventory and Appraisement,~ n.-; -QI IN THE ESTATE OF ... Of J' '; $ A.ALLAN MCVICKER• j•••••••••••••~••••••••••••••••••••••••................................................ Filed ,19 . .!"• ..-rr~=C=O;::o tv -):00 f'1'1 . <:-,-(/)'C>c c::::r-(I)r--rrr-en(/) %-;rn C')tTl ,- C")CJ<- ~ -;;:0,- ..0 .....:c::0 .__ ~'"'"Vt~:xC"):E~-<:).....' C)'-z'"tI'-o -&:");a en,0. ~:- Joseph Hoffman,Esquire 242 W.Main street Monongahela,Pa. Ok'--r:33---f9CJ-IVL-2/~ v~.. Y'U ,~. Amount Forward Stocks and Bonds 149 shs.Merck and Company @ 98.3125 Dividendwthereon-X-date 12/1/70 50 shs.G.C.Murphy Company @ 25.59375 186 shs.Oppenheimer Fund,Inc.@ 8.6050 100 shs.Robinson Dec.Corporation @ 1.00 Miscellaneous One (1)ladies diamond ring One (1)lot household goods One (1)1966 Chrysler Coupe One (1)coin collection Real property $41.860;593 $14,648.56 81.95 1,279.68 1,600.53 100.00 500.00 1,678.75 650.00 737.71 $63,138.11 ALL that certain parcel of land situate in Carroll Township, Washington County,Pennsylvania and being lot No.5 in the Crestview Manor Plan of Lots as laid out by George Spote and N.Dean Hofmeister, and which said plan of lots is of record in the office of the Recorder of Deeds of.said Washington County,Pennsylvania,in Plan Book No.\.8,,page,73. HAVING erected thereon a one-s·to'ry brick dwelling known as 114 Crestview Manor.(sale price)$29,800.00 $92,938.11 =========== 'I(,III If ~l ,~ \ I~•".1II_ a:~- .~ ,,'{ l:t. J: ..J I .J-/, .•1 -~; " ,}~ l ,Co···",....:::.... <'-c'c,:....~.. ~~ •c -"-n:,:11T " .' -, " ....' .. ~....,0$~~it ~'~"::"Q:~;;','~,.'t7~. ....;:;l ;;, .,,'"-j ,..0-':"00.,Of "•.~~._~1t-:~,.e Q !"....CiI;).......,'~c..,.~~.-.....:\,~Q 1-"..,.~!.~~~:€,ii)::;;i~-""'":::>'".~.~.'~.:~••l:)~:."....:~--':::s :::s '<:)::toi~Q.,l'...c"e ~:.~,..--..,.~§.~',...-.;...."{,......:::--.::to'co .....w Cll ~i:ll.~,.;:,I 0::>_.,.<::"!~~....-:;..S:•.,?.!~<">,...~;:::.I ?;"~-~:::::-..•.__~~::to ~ ~~;;,:::s,;:;:,y'g<b'- --J;:;,:::S.()s;:,",0;)§~~ (;).'l ~r-..;.:::J:f:\.<::_.C:.~'-.,:,.-,.:t).._. '1 ~I ~:;2P.r"~Cll ....N Q.,'::1 Q -..:..,oi:llQ!'1 'C:~~I ;:,~f ,~~ :-g ~~....,'~~.~ '. "0, ,. . I I ·1- ~~} ~!~.''~iiiI~!.~1.'~i Ir-:;'"--.(j·S' '7'2._.' .,........ , '{ ';Jl ..... '" .... •1'. 4,~7,"1-·J:'l'r \t-'--. .: ....~, ; , I'j.'~"•...~;:>'':;0-).'"\......-a S..::~ -" L.., I, \..:.::' ,i .~ :,.r:;~rr. 1'1 .•.l,f "'C6 Joseph Hoffman,Esquire 242 W.Main Street Monongahela,Pennsylvania A.ALLANMCVICKE~ A/K/A ALEXANDER A.MCVICKER 111,page 357 No :~. ~.3-7a-(.1 ~. ,ESTATE OF / WESTERN PENNSYLVANIA NATIONAL BANK,EXECUTOR First and Final Account of Balance Due $. For;.Sale by P.O.Naly C~,Law Blank Publishers.::.'4~6 Fourth Avenue.Pittsburgh,Pa.16219 ' .'. ;Ii .'_..IJIL ,;,,1:.,.!:i~,.~~,.".___,'__,"__c'.,_.e«....~~~i. This account 1as-'Transmitted iin;pr~;~fed to the I '":'1Orph~;'g:Juigand con6.~med~niiii:8t?~~~;.:;;!~:J f'-'"I C'' 4-.fj"J """""...·11.;.~...t::....;:~.,~!~9.~=; on ~r?::Jr.::~~l.~7'.,I..?-z-- O~~:E_.....-:._;-~;",-"I ;-, -.;r.;-........•..•.•.•-••••••..•;••••••••~ ?.r.D 0 --'Clerk'of Orphans'Co"r' -..J Filed __._ Fee'$...........•.•._. v ~ '--'_r..";".-.;'~ .~--·"'T'r..;;' " ~ I !i" l'l I Il f.."""'.,- r ",C",J...t '\,,~,-v t· I ~ .! '<-...-~~.i ,: .,)"\(.~,,.'"", 71;';."~'J/f . 1 //!/"II: I ',':"'4';':.,...,; .. .:)IN THE . EST~TE OF A~ " .. COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION .WILL BOOK NO.Ill,PAGE 357 ALLAN MCVICKER a/k/a ALEXANDER A.MCVICKER,DECEASED .". 1-6599-5 Date of Death:January 23,1971 Letters Granted:March 1,1971 Grant of Letters Advertised:March 18,1971 Account stated to 'July 14.1972 SUMMARY " !Ii!l'I'1 i' Receipt.s pages 4-5 $4,341.90 c... Disbursements pages 5-6 482.69 Amount ·transferredto principal-personalty $3,859.21 4.341.90 ~ Balance SCHEDULE A , I .". PRINCIPAL -PERSON~TY Receipts pages 1-2 Amount transferred from Income-personalty principal-Realty Disbursements pages 2-4 Balance ..., SCHEDULE B INCOME -PERSONALTY SCHEDULE C PRINCIPAL -REALTY $63,138.11 3,859.21 ." .,27,606.66' , $94,603.98 19.472.74 Receipts page 6 Disbursements pages 6-7 .Amount transferred to Principal-personalty Balan.ce Net Balance 2,193.34' $27,606.66 lL ; I $29,800.pO 29 ~800.bo "'-I' -0-I .;:i $75,131~24;' ..~.....:=:=='======t==:! .; .....,".:.',',:' I ., / ../ I .. , ···l.,1 ....:..."#'" ., ~.'.,':.",:".~" ii II I I I i II!1 ;1I ·1 II . ",i.,,. '; "'II! '.''''' Estate of A.Allan McVicker a/k/a Alexander A.McVicker , The Balance consists of the following:. 0' ICash$488 90\ $9,500 Fort Pitt Federal Savings and Loan 001Associationsavingsaccount9,500 $27,000 U.S.Treasury Bills due 4/30/73 25,831 56! ,150 shs.Duquesne Light Co.3,867 '191 100 shs.W.T.Grant Co.5,221 88,: I,150 shs.Hammond Organ Co.1,565 63:' 114 shs.Kennameta1,Inc.3,181 31 lj 298 shs.Merck &Co.14~648 561i 50 shs .'G.C.Murphy Co.1,279 681 186 shs.Oppenheimer Fund,Inc.1,600 53 1100shs.Robinson Dev.Corp.100 00 One (1 ~Ladies Diamond Ring 500 OOliAdvancedistributions'(see exhibit #1 ,page 8 7.346 001 ~=:~~::1:~" a, '. ; Ii '\.II ~ . I . I ; " II,I II I I !!, I :1;, ":: I I'I .1 I It.. "'..~f·,,.......~...',,::.''••...1..."...._...._--_.-_.-._--._-----'--,---_.,_.__.._...._-'-------_._-------_._--_._--.-, -.....f [state of A.Allan McVicker a/k/a Alexander A.McVicker SCHEDULE A PRINCIPAL -lpERSONALTY RECEIPTS I~vEmtory and appraisement as filed -0- -0- 63,138$ 213.50 650.00 737;J71 11,087.18 12,688.39 12.688.39 $ One (1)lot household goods Add to Principal' 1966 Chrysler $11,OE7.18 Western Pennsylvania National Bank certificate of Deposit due 1/2/85 5% One (1)Coin Collection 149 shs.Merck &Co.received as 2 for 1 stock ~p1it on 149 shs. Conversion of Assets at Inventory Value .Cash received June 14·. 1972 June 5 : : 1971 , Mar.10 Mar.24 Apr.6 I 1971 May 5 Schedule of Short Term Investments ~1,000 u.S.Treasury Bills due 8/31/71 cost @98.695 Redemption 8/31/71 986.95 986.95 -0- May 18 $12,000 Fort Pitt Federal Savings and Loan ~Association savings account Redemption 8/2/71 I 12,000.00 12,000.00 -0- May 26 $5,500 Fort pitt Federal Savings and Loan Association savings account Redemptic;>n 8/2/71 5,500.00 5,500.00 -0-. 27,000.00 27,000.00 -0- 63,138loll .. I II:1III,' ..II .' .'.I .. -1- $27,000 Fort Pitt .Federa1 Savings and Loan Association savings account Redemption 8/2/71 $12,500.00 Redemption 7/14/72.5,000.00 . Unredeemed balance 9,500.00 Amount forward ~':.:"::. "".....':'."..~....~'.:.}<.:. .June 18 .. ..- .__. _..--.._.~.~""'J.._._...,;......:~_.~:..__.'.,----"'....:.;.~.,L _'_••_._••:~l..---......:.'-,...-..-~__;.,,_._.__·~,.,~__..u•.d ~~._••..:.-••_2--_...:._.._~~.-.--............:.., . ! $94 $63 3 27 ===== 50.00 30.50 14.00 40.00 12.50 10.00 10.00 ,40.00 207.00 1,934 58 L934 58 .'4.780 13 25,831 56 25.831 56 19,161 07 19,161 07 Amount forward -2- DISBURSEMENTS Total Receipts Amount transferred from Income-Personalty Amount transferred from principal-Realty Administration Expenses $2,000 U.S.Treasury Bills due 4/30/72 cost @96.7287 Redemptiqn4/30/72 $20,000 U.S.Trea.ury Bills due 4/10/72 cost @95.8053 Redemption.4/30/72 Pi ttsburgh .Coin Co..Inc.-fee for appraisa1 of coin collection •. I Redemption 4/30/72 Volk Farking Garage -two months storage 19E6 Chrysler Register of Wills -letters testamentary, five short certificates and one rer:unciation Washington County Reports -advertising letters testamentary Paul Guggenheim &Son -fee for appraisal of diamond ring $27,000 U.S.Treasury Bills due 4/30/73 cost @95.672444 Unredeemed balance Joseph Gilmore,Jr.-fee ~or appraisal of household goods The D~ily Republican -adver~ising ,letters testamentary H~rdy and Hayes -fee for appraisal of diamond ring Mar.10 1972 . May 2 1971' Mar.9 Apr.1 Sept.10 Mar.17 Mar.17 Mar.17' Apr.5 Mar.31 - - , ",',~t~".-"..j •. ..'... Estate of A•Allan McVicker ~/k/a Alexander A.McVicker .. iIAmountforward$63,138 .l~ I Aug.11 $5,000 U.S.Treasury Bill,s due 4/30/1'2 I IIcost@956026I478013 -o-Il 1\" II\,-0-,I I I: I . ~O-I -0- ,138.11· ,859 .2] .606 .6€ ,603 .9E ====~==, : I:i i"i0'I~ IiI 1 I c.. I '1j! I! II .... __4_ .Aug.11 ~_":-~~__--,-.__..'-1 _ ~.";,, ~:statc of A.Allan McVicker a/k/a Alexander A.McVicker Apr.5 M.ay 3 .Aug.31 1972 July 14 July 14 1971 July 23 1971 Mar.17 Mar.17 Mar.17 I ; Amount:forward Greenlee,Richman,D~rrico and Posa, Attorneys -for professional services rendered per court order $4,000.00 reimbursement for costs and expenses advanced 206.10 Register of wills-one short certificate Bureau of Vital Statistics -'one death certificate Joseph Hoffman,Esquire -for professional .services rendered Western pennsylvania National Bank executor's compensation Loss on Conversion of Assets--- Proceeds,sale on (1)lot household goods Inventory value Preferred Claims Buena vista Volunteer Fire Co~-ambulance service Wm.N..Pigozzi,M.D.-for professional services rendered McKeesport Hospital -balance due for services rendered 207.00 4,206 '10 2 00 2 00 4,500 00 4,650 00 425 25 625 25 25 00 137 00 74 37 :\ ! 1\: jiI I . i! I 13,56i .l< I. II 11 200.00 II! I, 'IIt I !i Mar.17 Mar.24 I 1971 Mar.16 Mar.16. J.P.Hughes,M.D •.-for professional se=vices rendered David O.McVicker -reimbursement for funeral expenses -Sidun's Funeral Home Other Claims 'Inter~al Revenue Service -1970 fiduciary income tax -guardian account Monongahela City Water Co.-water se+vice to 2/25/71 15 60 I 1.760 00 2,011 .9 I I I I 443 35 12 28 Mar.16 t West Penn Power Co.-electric service to 2/18/71 Amounts forward -3-·. 32 29 487 92 I i '... ~-~..._-------._-----_._--'--------------_.•--------~--_._-..--._-~._----_..__._._~--- I';state of A.Allan McVicker a/k/a Alexander A.McVicker 11 75 •'1 I5586I 1 21 00 ·1 .Mar.25 Mar.26' Apr.5 Apr.23 Apr.26 Apr.27 May 10 May 25 May 27. July 6 July .30 Aug.'2 1971 Apr.26 Amount forward· Equitable.Gas Co.-gas service to 3/16/71 WeS.t Penn Power Co.-electric service to 3/19/71 :Be11 ~lephone to.-phone service to ! 3/30/71 William B.McCollum,tax collector -1971 Carroll Twp.road tax Equitable Gas Co.-gas service to 4/15/71 West Penn Power Co.-electric service to 4/20/71 Ma1co1mL •.Morgan,County Treasurer -1971 Washington County tax ~quitable Gas Co.-gas service to 5/14/71 West Penn Power Co.-electric service to 5/19/71 Monongahela City Water -final bill to 6/16/71 Equitable Gas Co.-final gas bill to 6/!.7/7l West Penn Power Co.-final electric bill to 7/10/71 ........... Taxes. Register of Wills of Washington 'County agent for the Commonwealth of Pennsy1vani~ payment of transfer inheritance tax on .ac·:::ount Less:5%discount Total Disbursements S'CHEDULE B INCOME -PERSONALTY RECEIPTS Interest .$11,087.18 Western pennsylvania National Bank Certificate.of Deposit 5%due 1/2/85 pald 4/6/71 Amount forward'.' 487.92 43 11 15 46 13.76 97 47 21.00 14.14 16.49 41.73 3.98 3,000.00 150.00 566.14 566;14 i,'II; ili'l I II iI, iI I ",i,- iiIiII;i IiI'I II ii ij II I 843.67 2.850.0C $19,472.741 =========1:::=1 II I I I ...4-'--------.--~._-------~--.-.._-----_._..._-_.__._--------~._--_._.._---_...__.__._._...: .~..,' !;:slate·ofA.Allan McVicker a/k/a Alexander A.McVicker 225 00 90,00 I II 136 80 III, II 409.75 il\, I Ii Amount forward ' Manufacturer's Life Ins.Co.-'balance of ,annuity payments re policy #1567450 Fort Pitt Federal Savings and Loan Ass'n. savings account paid 7/7/71 -6/29/72 Dividends Duqu~sne Light Co.-150:shs.paid 4/27/71 to 4/14/72 W.T.Grant Co.-100 shs.paid 4/1/71 'to 7/1::"/72 Hammond Organ Co.-150 shs.paid,3/15/71- 6/13/'72 Kennameta1,Inc.-114 shs.paid 3/16/71 - 5/30/72 Merck &Co.-149 shs.paid 4/1/71-4/10/72 'G.C.Murphy Co.-50 shs.paid 3/16/71 - 6/15/7i, Oppenheimer Fund,Inc.-186 shs.paid 3/15/71 -3/23/72 Interest ~Government Securities '·U.S.Treasury Bills $1,000 ,due 8/31/71 paid 8/31/71 $5,000 due 4/30/72 paid 4/30/72 $20,000 due 4/30/72 paid 4/30/72 $2,000 due 4/30/72 paid 4/30/72 Total Receipts DISBURSEMENTS $566.14 70.00 1,216 91 311,24 90 00 88 79 13 05 21,9 87 838 93 65 42 II Ii'I ;1 1~853.05I I I II Ii I II i 1.351.5J I 1,137.27 1971 May 5 ,·1972 Apr.11 Apr.11 Administration Expenses Malcolm L.Morgan,Treasurer of Washington County -1971 personal property tax Pa.Dept.of Revenue -1971 state fiduciary income tax Interma1 Revenue S~rvice -1971 federal :fiduciary income tax Amount forward ,-5- 9,21 ' 26.72 I.I 177.04 212.97 !, :1jI.. i IiiI\I I I I I --_._"-'_._---_.--.!__._--~--------._._--------_._---_._------.__._--.--------_..._"-_..:.._--._----_._.--_...:.._--~-_.__._....:...__........ Estate of A.Allan McVicker a/k/a Alexander A.McVicker July 14 Amount forward ,Malcolm L.,Morgan,Treasurer of Washington County -1971 and 1972 personal property tax paid 6/8/71 -p/30/72 Western Pennsylvania National Bank income compensation Total Disbursements Amount transferred to,Principal-personalt.y for distribution 212.97 9.43 260.29 I 11 :1 I'i Ii IIiII r I ;, , I I'I482,.69:I I: ,I I' 3,8591.211: 1971 Mar.25 Apr.5 SCHEDULE C PRINCIPAL -REALTY RECEIPTS Inventory and appraisement as filed DISBURSEMENTS McCune HardWare Co.-four keys for house and garage Monongahela Publishing Co.-sale ads 1.70 15.00 $'4,3411.90!; =========I~==I!I "II I !! I :1III''I 'May,21 Andre Bellicini,Jr.-lawns mowed'May 5,8 and 15 14.00 June 9 ~ndre Bellicini,Jr.-lawns mowed May 25 and June 1 12.00 June ,29 Andre Bellicini,Jr.12 00 54.70 Decrease on Conversion of Asset 1,788.00 Amount forward :,! i II I Ii: I 2 1381.641: L l'::u,.J4 2.138 64 29,800 00 27,661 36 29.800.00 52.64 298.00 Proceeds,sale,of property situate at 114 Crestview Manor~Monongahela,Pa. histoAndrewRappandLenzinaRapp, wife ' 'Less: 1.Pro-rata share 1971 real estate taxes 2.1%deed transfer stamp' ,3.Western Pennsylvania N2,tional Bank 6%real,estate servic,e fee Net:proceeds of sale Inver:.tory value I,'. 1971 June 14 ,...6- ," --L.....__._..~.=_==~:-------'------~-------_I I Estllte of A.Allim McVicker a/k/a Alexander A.McVicker i 341··!Amount forward 2,193 ,.I! .,Total Disbursements 2,193i •3~1I Amount transferred to Princip~l-Personalty II for distri1:ution 27,606.6~i, .091 '"-$29,800 =========:=:--. I I i..i "I!I,...I !F.1 '\ if ..I ilIIIi:1· "I IIII!!, I ,. I ,.·Ii,"I Ii i !,, I .j: ,,. i:IIiii:I',III,Iq "'I I .. 1 III I IIII:I .. I I, 'III. ..':I II -7-I II -_._._.-,,--._.._."---_...._-------_.-.._---------_._-----_._--_._-------_.._------.--.------.-.-.'-.:.....-.-.-.---_~----..:.:.-.---I ..' Estate of A.Allan McVickera/k/a Alexander A.McVicker .= EXHIBIT #1 Western Pennsylvania National Bank, Guardian of the Estate of Allan R~McVick r, J:r. Cash ~dvancement under Paragraph 6 of Wil $7,346tOOi;1===========IiI, ii I II 1971 June 1 ·1972 Apr.2S July 11 Payments on Account of Distributive Shares Principal -personalty DavidO.NcVicker,son Delivered one (1)lot household goods Cash -ba~ance due for coin collection Allan Robert McVicker,son Cash .bequest under paragraph 4 of Will $840.0C 6.0C $ i II I 11Ii I I! Ii 846 Oor .I.Ii Ii1,500(0011 ii"'J 'i i s.oooloo; ,.. -.8- ,II IIIi ( II ., II i I \ j!! "Ii "il II i !\ I~1 ! ,i 11:~ -------~-_._--.......---~--_._..._--_._---_._-_._----_:..-_._--_.......__.--------_.~_._._--_:..-_._-.- .' 1':S!lItl'of A.Allan McVicker alk/a Alexander A.McVicker COMMONWEALTH OF PENNSYLVANIA EugeneS.BenderI Trust OfficerI W stern National Bank and advertised more than six onths that Letters Testamentary were gran~ed to W stern 1I I, IIil !Ii I I II ", I,- I· II II II III'-I! III :1,I lvania lvania the.- n the :·55..- National Bank being duly sworn according to COUNTY OF ALLEGHENY filing hereof;that the disbursements shown made to the parties entitled thereto and tha is true and correct a~he verily believes. 1972. WESTERN EXECUTOR Sworn and subscribed before me thi ;. MARY COLAIZZI.NOTARY PUBLIC PITTSBURGH,ALLEGHENY COUNTY ..,f COMMISSIOI~EXPIRES APRIL 9.1973 \1ernber.PennsylvaniaI~ssociation of Notaries fANK I \ er REQUEST FOR DISTRIBUTION Accountant requests that distribut on be det r ined by court in accordance with the Petition for Di tribution be offer d in evidence at the audit of this account. -0 WESTERN ENNSYLVAN A EXECUTOR Euge ,I, !!I' ff "1ol.T'er il I \1 "~.____4 •'__••__•.•,~.__•_ .------~------------------------------...,.-----------------------------------~--..,;I"_IIII,..-..... t·"•...~-.::'f :'0l!O') ~'I')12.1V):.I ·.i, r,.1'.1i ',f';""" t '. ,,. "",.")JJ d .._~"f \'j :0 ...r/),'r'(8.i,~~f:i ,..~'<~·.;~j"\l~:,.r "J .... '.~::~,r :(;.i ';'..!c'l r.(l ";.r ".':'1.);"".1 ~'~.~"!;....-/.',.-t:,,'..."."J .J ·l·~i jt: .,'"",- :":',& .12 C.i'~2 ){_-;~:~.:l;~_{\I'q0.:trt:~)!?;" +.~.' ;",,'It>·f'...J ",,. lt: .. .., "':t_~~;,_~ o ••.....~:':1:',•..:''''~,-:'~h ~_:~....~£. ". IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA. ORPHANS'COURT DIVISION ,J IN RE: ESTATE OF: A.ALLAN McVICKER, Deceased. ) )63 -70 -61 )NO.61 of 1970 ) ) ) ) ORDER AND NOW,this J'day of July,1973, it is ORDERED,ADJUDGED AND DECREED that the claim of Bertha McVicker in the amount of $10,327.15 against the estate of A.Allan McVicke , deceased,for services performed on behalf of the decedent durin&his life- time is allowed. This sum.would,under,ordinary circum I -{.. stances,represent services of a first rate professional,.The claimant is not a professional,but gave undisputed care and services beyond the normal requirements.The executor has expressed no objections to the allowance of this claim and has askedus only to review the claim rather than have it aired at length in a hearing. For these reasons we have ordered that the claim be paid. BY THE COURT: J. t·j lin tqt'OOrpl1uus~.<trnurt of DlIusl1iugtnn (ttnuuty ,',.~ In the'matter:'-',of 'the Audit:of'Account in-'.,)!~ 'Estate of ~..~~..~.~.8N M.~.Y..I.C..~.~.R.J ....:NO ~.1.Q.~..6.1 ,,19 ,',A,.A. ;::..':.::,.:,;..::..~:,~E,~.~.~..~.~_ _. .il :- TO THE AUDITING JUDGE: Enter '!!.y appearance ~or :.~.~..~.~.~.t.~..P..~.~.~,.~.y.J;.Y..~.~.1 ..~~.~.~..1..1?.~;~1 ~.~..~.~.' ..P..;1..~.~..~.~.~..r..g..Q..~p..~..~..'-~.~.~.~.~..t.9..\.,:~:: . .----.., '\~ "-/....'---- , ........,1'1 72.................December~r'lR.y of ....~4tcd~~..... BtlV"N.B.-Counsel shall,by separate paper,present a concise statement of each claim,with supporting calculation of any interest claimed. Objections to an account as filed,shall ,be concisely stated in a separate paper.Counsel suggesting proper dis'tribution shall file a separate concise statement in that regard. If ,~\'..~;' .~. \ .~ ~~No ,~.l.Q.'::.6.L : ,19........•A.A. In re Audit of A~count in Estate of ...................................~t~.~..~.~..?.~..(t :. .'>~I, AU DIT Jrartipr f~r -1\ppraranrr, FOR .~d"00 NOlO N\HS'VI,~ Slllfv\,.:iO H31SI~3U ON\BI1~1 -nJSSnH I Uhf'l U~h2,d3S ,£L, ..'~;"1·~,~J·,.:a:1 -"\,~ ,. "'!;;i!;:':t.;!,·;":"1 It \.W.£.S.IE.RN....P.E.N.N.S.Y.UI.JUUA...NAI.LQNAL......"... .~.A.N.JS.'---..p.J:tt~..9..~.r9.b..L ..P...g..!.01 l!.i .q' ...........................................~~}f..e.C.ll.to:.r..;. '\'.'. •1 :.. ..............:___----_-_-. i . '~oBe'Ph L.Boffma.11Jl At~orncy r.t Lo..W24~\1.U~Ll'::ttl'eet monongahem,P&.l~OO~ Attorney ....2,\. ~\,I \ J ,... '.........l ~n t4t 'Qtnurt af Qtam~n 'ltas'af IInslJingtnn Qtouldy. 'tnnsylnnnin.'(@rp4nns'~aurt linisinn ESTATE OF A.Allan McVicker" Deceased. 63-70:'61No._----=:----:._ In the matter of the:_~F..'.r;;;:a.s""'t_suu"".,d--.....F..iuu..a.l- Account of "We s tern Penns y1ve.nia N8 t i onal Bank,Executor ADJUDICATION AND DECREE And now September ",,19-13;this matter came on for hearing, audit and distribution at this session and testimony taken;and thereupon,upon due considerationth~eofJ.tN th,~olance for di.stribution in the,hands o.f the A~countan.t is deter":li~ed to be .$(~,9•.l!"and the account IS accordingly confIrmed;and It IS ordered, ,~apjudged and decreed that the said balance be"paid out by the Accountant in accordance with :the )-----"schedule of disribution hereto attached and made part hereof,unless exceptions hereto be flied sec.reg.or an appeal be taken herefrom sec.I~.. SCHEDULE OF DISTRIBUTION Balance per account ---c,.:--_ Additional Debits -Audit Additit'omil Credits -Audit $75.131,24 538.02 75,669.26 4189.8) Balance _ Deduct Clerk's Costs &Receipts,_ Attorney Jos eph Hofrman Russell Marino,Register of Wills -Unpaid Order of Court 14.00 Bertha McVicker,elaim against Estate allowed '.. by Court Order 10.327,115 61,076,28 Reawa,rd to Executor for Federal and State Tax contingencies;after tax liability 1s finally 8000.00 settled and paid balance to be aistributed to three residuary legatee's in equal shares as provided in Paragraph 6 of Will and no formal accounting to court is required Lloyd A.McVicker,specific legacy M Paragraph 3 of Will 1500.00 David O.McVicker,specific legaey -Paragraph 5 of Will 1500.00 16.692.]0LloydA.McVicker,1/3 Residue •Paragraph 6 of Will including the following assets awarded in kind at the appraised values per Election filed: 50 ehB Duquesne Light 11 aha G.C.Murphy Co. 50 sha Hammond Corp. 38 sha Kennametal,Inc. 104 aha Merck &Co, 62 she Oppenheimer Fund,Inc,.34 she Robinson Dev,Corp.34 sha W,T.Grant Co, ...:.... ..; .,.:"<. ,","......~ .', .'. ,....~.. .. .., ... ~ o....~m ::l Z Ul n yot. ....O·~ ~ 0 .... ....c:::r t1l ::l t1l.... 0 3 t ~ ...0 ~ ....0 ~ it .. ., == 0....... ~ ::rt1l & t ~~~~~ ~... r .\ -r I " r \.. 16 692,.9 $1,289.06 ,435.08 '521.88 1,060.44 5,112.22 533.51 33.001,,723,19$1~,70B.3B Ring 500.00,.'....'.:,';One La.dies Diamond DavidO.McVicker,'1/3 Residue ~Paragraph 6 of Will including the following assets a- warded in kind at the appraised values per Election filed: 50 shs Duquesne Light 17 shs G.C.Murphy Co. 50 shs Hammond Corp. 38 sha Kennameta1,Inc. 104 shs Merck &Co. 62 sha Oppenheimer Fund,Inc. 33 sha Robinson Dev.Corp. 33 she W.T.Grant Co. (accountant to take credit for advanced dis- tributions). $1,289.06 409.52.521.88 1,060.1l-34,424.12 533.51 33.00 1,723.19 9,994.71 Allan Robert McVicker,Jr.,1/3 Residue,- Paragraph 6 of Will,inc1ud"ing the following assets awarded in kind at the'apprais.ed value per Election filed: 50 she Duquesne Light 16 shs G.C.Murphy Co.50 shs Hammond Corp. 38.ahs Kennameta1,Inc. 90 shs Merck &Co.. 62 shs Oppenheimer Fund,Inc. 33 shs'Robinson Dev.Corp. 33 she W.T.Grant Co. (Accountant to take credit for advanc~d die.tributions). No balance -em Jr r r ~ 0.....,» (A1 n :J Z n ..,...'0- 0 ....9 =(.-c :r t:Y ~ :J ~.... ....0 3 ~ .....,0 ~ .....,0 =-- ::+~ ~. ... :: 0....., .... ~ :r11l ~~, ~::l~~ .: fI -"--.-. --",··.LI ~···/r7rT ·./..•·1..'I ~:'~~1. "1 • WILL OF A.ALLAN McVICKER I ,A•.·Allan McVicker,of Carroll Township,\'1ashington County,Pennsylvan~a,having full legal capacity in the premises, do hereby make this my Last Will and Testament,hereby revoking and making void any and all ~Vills by me at any time heretofore ..made,in manner and..form as follows: 1.I direct my Executrix,herein·after named ,.t.o pay al~my just debts,fu~eral expenses,transfer inheritance, s~ccession and estate taxes for the payment of which my estate Mountainview,California. ($2,000.00)Dollars to my niece,Janet Ann Gibson. Hundred ($1,500.00)Dollars to my son,Lloyd A.McVicker,of I will and bequeath the sum of One Thousand Five I will and bequeath the sum of One Thousand Five I will and bequeath the sum of.Two Thousand 4. 3. 2. may be lawfully liable ,and the ~xpenses of the administration of i IImyestateassoonaftermydeceaseasmaybeproperandexpedient.! I I j i I i ,,·Hundred ($1,500.00)Dollars .to m¥grandson,Allan Robert ,i HcVicker.:! 6.All the rest and residue of my estate,both real iI!, I \.vill and bequeath the sum of 'One Thousand Five5. nI· II Hundred ($1,500.00)Dollars to my son,.David o.McVicker. and personal,and wheresoever situate or found;I will,devise and bequeath to my wife,Hilda McVicker,for and during the term of her natural life,with remainder over,upon her death,as one-third (1/3)thereof to my grandson,Allan Robert McVicker;and the remaining one-thlrd (1/3)thereof to my son,David O.McVicker. The provision herein made for my wife,Hilda7. II follows:One-third (1/3)thereof to my son,Lloyd A.McVicker; 11 11 Io· -• McVicker,is in accordance with the provi~ions of an Antenuptial I . .''.... ....t·~....-.......-:0-- -.t._.. ~"i I .....-..':-... Agreement ,d?-ted Septembe,r 5,1969. 8.My Executri~shall have the following powers in additi.:m to those vested in her by law,exercisable without Court 3.pproval; a.To retain any or all of the assets of,my est~te,real or personal,without any duty of diversification, "~-I To invest and reinvest the principal,of myb. ~I,specificallY including ariy stock or obligations in Western Pennsylvania Natibnal Bank I may own at my death.Ii estate in stocks,bonds,mortgages,securities or other property, prices'and upon such terms and conditions as my Executrix shall c.To sell at public or private sale,to exchange, I or to lease for any period of time,any real or personal 'property,!I iandtogiveoptionsforsuchsales,exchanges or leases,for such i I I I real o~personal,without being limited by any statute relating I to inv~stm~nts by fiduciaries. I., 'deem a::ivisable. entitled thereto in cash or in kind,or ~artly in each,such To distribute my.estate to the beneficiaries,d. allocation of assets to be in the sole discretion of my iIiI 1 Executrix.! II l'e.To compromise any claim or controversy affect~ ~,ng mT estate. thereto. contribution by any beneficiary under this ~'i1ill or any Codicil ary estate without requiring any apportionment,reimbursement cr-- I under this Will,including any interest or penalty imposed in I conn.ection with s\lch tax,be paid out of"the assets of my residu- !11 I I -2- ........or-7''r.....~ '~>\'' l·•.~.•:. me,or shouldbe'uriabl~to serve,or decline to serve,.as such Executrix,then I apPofnt the Western Pennsylvania National Bank 'as Exe~utor hereof. ,> ',',.'.,.," tJ :1.":'I;'~-,.,,:1- . J :'..'~"" ···~:·:7· ..•'..~..t' ---'---.._~..,~.:-.--.--...--...._.--..-----··-)-·~---~·--·-·---·~r---f 1III I, !! 11..I direct that the probateproc~edings in of us,who,at his request,and in his presence,.and in the Ii I t Il ttI f I·ft.1 ftI I; t,, I, I! .1 I f;, IiI1I' !, j IIIIiI I II~ I t I! i! i IiI -3';' .,. IN WITNESS WHEREOF,i,A.Allan·McVicker,the Testator, ~cknowledged and-declared by A.Allan McVicker,the above named The foregoing inst~~ment was signed,.sealed,publish~d, 1 connection.with my Last Will and Testament..and all legal matters .: !, iIPennsylvania."'j IIi II., i: day of September,1969~ presence of each other,have hereunto s~bscribed our names as w~tnesses hereto. Py my ~ounsel,Joseph L.Hoffmann,of Monongahela, connected with the settlement of my estate~shall be conducted .Testator,.as and·for his Last Will and Testament,in the presence il l'I I have hereunto set my hand and seal to this my Last Will and //(z:4Testamen·t,consisting of three typewritten pages,this __~_.__ III I ~.'.~ .'I,..'.'. L"• .:) " \,. ..1'1-.J v.J .......,..-, (/)r-IM "'0 ,-...)rn ..c 0 '"::D' ::::I:- ...r:::- f',J I, 'I!I'~I! J I:i,[ I ,t IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIAI If ORPHANS'COURT DIVISION IN RE:TUE ESTATE OF ..) A.ALLAN McVICKER,) an Alleged Incompetent )No.61 of 1970 Person.) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) )SSe COUNTY OF WASHINGTON ) Before,me,the undersigned authority,personally appeared S.C~SOLOMON,Deputy Constable,in and for Chartiers Township, Washington County,Pennsylvania,who being dUly sworn,did despose and say that he did serve a copy of the Citation Petition·for Appointment of Guardian ,duly attested,on A.Allan MoVicker, at Washington Hospital,Washington County,Pennsy~v~nia,on Monday January 19,1970 at 3:15 P.M.by handing to hifu the said attested copy of the Citation and making known to him the contents thereof; the said AJ Allan McVicker,being made known to him by his own admission. -1.r.~~_ •S:-'C.SOlomon·. Sworn to and subscribed before me this 19th day of January,1970. l.C,·ashington, County,Pennsylvania :.\.My i"O~~Jsion Expires:W~/d,·Jf.l-3. (~,'- -'••J IN THE COURT'OF COMMON PLEAS,WASHINGTON COUNTY,PENNSYLVANIA .ORPHANS"COURT DIVISION In the Matter of.the Estate of :.·. A..Allan McVicker •"!'dece.ased : ·.,-..·. 'Will Book-No.111,Page 357 ~-, 'ELECTION TO TAKE IN KIND I,David O.McVicker,do hereby elect to take.in kind .'.~rl.. frorn'Wes~ern Pennsylvania National Bank,Executor of the Estate of A..Allan McVicker,deceased,the .following:, 50 17- '50 38 104 62 ,""-33 33 shs-Duquesne'Light s.hs G.C.Murphy Co ..' shs.Hammond Corp.' sps Kennarnetal,Inc. shs Merck &Co. shsOppenheirner Fund,Inc. shs Robinson-Dev.Corp.~· shs W.T.Grant Co. $1,289.06. .435~08 521.88 .1,060.44 5;,112~·22 533.51 33."00 1,723.19 $10I il:08 .38 -t Dated at'Elizabeth,Pennsylvania,this ~~_v~/__ 1973. day of _~_)-+-_ 7 .-.-.,;.......-......_~-. • \... 'J..!.... • -=-.-, J ~..),..' .J ..;J..., •J \. ~,-("'.....,1tU.J ~:'c.. --..l u..J t,.'? ""....~r:•• 1t c;'V') 11"-.=-,.. " I ••!:._"' \.....\. '. ,. :•.-'t,;,<.J ....~ .•f). •J. .: .J .._J , IN THE CO"JRT OF COMMON PLEAS"WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In the Ma~ter of the Estate of A..Allan McVicker Deceased :Will Book No.Ill,Page 357 ELE;CTION TO ,TAKE IN KIND ',1 I"Allan Robert'McVicker,Jr.,do hereby elect to take in kind from Western Pennsylvania National Bank,Executor of the Estate of A.Allan McVicker,deceased,the following: ,/r 50 shs Duquesne 'Light .16 shs G•.C.Murphy"Co . 50 shs Hammond Corp. 38shs Kennarnetal,Inc. ",90 shs Merck &Co. 62 shs Oppenheimer'Fund,Inc. 33 shs Robinson Dev.Corp. 33 shs W.'T.Grant Co. '$1,289.06 409.52 521.88 1,060.43 4 ;.4·24 .1.2 .533.51 33.00 1,723.19 $::.9,994-.1.1 r Dated at Monongahela,:Pennsylvania,this 1973. ~,b,--,~"",,-:_'_?J:i_day of &tfdfr ee ee ( " ,IN THE COURT OF COMMON'PLEAS,WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In the Matter of the Estat~of ... A:Allan McVicker deceased ,<-t*' " Will Book "No.111,-Page:357 _ELECTION TO TAKE IN KIND I,Lloyd A.McVicker,do hereby elect to take in kind from Western Pennsylvania National Bank,Executor of the'Estate of A.Allan McVicker,deceased,the followi~g: $1,289.07 435.08 5@~.87 1,060.44 5'J 112 .2-2- 533.51 34.00 1,775.50 $10,7.6.1.69. II,_~" 50, 17 50 38 10?l! 62 34 34-- shs Duquesne Light shs G.C.-Murphy Co. shs'Hammond Corp. shs'Kennametal,Inc. shs Merck &Co. shs,Oppenheimer Fund,Inc. ,shs Robinson Dev.Corp. shs W.T.Grant Co. Dated at f~lit:.Ad§view,California,this _Q_O_i"_h_day of 4C/ff~81 1973. >-..~--,....---~.-...~-....-- ..,," .. ,... ',.\ IN TH~COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNP.• ORPHANS'COURT DIVISION J j" • INRE: Estate of A.ALLAN McVICKER, Deceased. ( ) ,( ) ( ) ( No.61 of 1970 and the attorney is Jos'eph Hoffmann. deceased.The Executor isViiestern Pennsylvania National Bank " c( zc(>'..I>-IIIZZIII II. gBEFORE:I-~Z J:IIIc(~ ..:~APPEARANCES:, Iiii5 ..Ic( U o :l-.~TIME:...N iiilI::III l-ll:: "~THE COURT:IIIlI:: l-ll:::lo U ..Ic( uii:ll. o MR.HOFFMANN: HEARING ON AUDIT The Honorable THOMASD.G'LADDEN,J., ,Specially Presiding. JOSEPH HOFFMANN,Esquire,of Monongahela,Pa , representing the Accountant. Monday,December 18,1972,at 1:30 o'clock P.M., EST. Number 61 of 1970,the estate of A.Allan McVicker, May it please the Court,the "'NUl of the decedent in this case held a life estate to Hilda McVicker,his wife,with remainder over upon his death to two sons,a grandson.The wife,by agreement,a copy of 'vhich is hereto attached,leased all her right,title and interest in the decedent's estate,and that is set forth in paragraphs three and four of the a,greem ent on pagE ------------...-------------------------------------:---- 2 three of that agreement.The Will of the decedent also bequeathe a sum of $2,000 toa niece,Janet Ann Gibson;by paper filed, Mrs.Gibson has releas ed all her right,title and interes t in that to Lloyd McVicker,Allim Robert McV icker and David McViCke~~•.•THE COURT:These are the remaindermen? before payment is made. has been---the exeoutor would like to have proof of that claim A portion of the Pennsylvania Inheritance Tax has not been paid by reason of the fact that a claim of Bertha McVicker of $10,327 15 Yes.The assignment is attached to the papers. zoI-~Z J: III<~ ~MR.HOFFMANN: <>..J>-III ZZIIIII. '.'., Court to Bertha McVicker,and she has entered a claim of this an incompetent,and the custody of his person was given by the MR.HOFFMANN: ..:u 0:THE COURT:I-IIIo ..J0( Uo ::l., :t..,.. (II 'What was the nature of the claim? As I understand it,Mr.Mc Vicker was declared ,.. iii0:IIIIi:amount. oII.III :THE COURT:That is a claim for nursing care? 0: ::lo U MR.HOFFMANN:Nursing care..J< U~THE COURT:Over what period of time does that claim extend? o MR.HOFFMANN:I do not know.Mrs.McVicker would be able to tell the Court on that.Mrs.McVicker and her husband are both in C<urt. THE COURT:Mrs.McVicker,come up to the bar if you will.Your claim is in the amount of $10,000 plus,is that correct? MM·McVICKER:$10,000 includes the care,24 hour care for dad, because of his condition.That also included his medicine,attend~nts 3 who helped take care of him,his haircuts,his;church donations. We took him to chul'ch;Mr.Hoffmann can vouch for that. MRS.Mc VICKER:One year . "". • THE:COURT: THE COURT: Over what period of time? Have you made some kind of a 'vritten statement,.Mr . She sets forth an itemized account in the amount of $1752.15 and a statement from January 21,1970 to January 2,1971,49 weeks McVicker? MR.HOFFMANN:I'm sorry,sir.Mrs.McVicker has attached her~to Yes. c( zc(>~MRS.McVICKER:1/1zZ \II 0- iol-e>z x1/1c( ~ care,$8,575.00. receipts available for that,so I really didn't add that on.But afternoon from 1:30 to 4:30 at $4.00 a day.But I didn't have no ..:o ll:I-1/1Ci .J MRS.McVICKER: c( ~ C :J., :tl-I'-N Plus that,dad'had an outipg everyday in the I· ai ll:~this is this amount up here.I have it all it~Jn:i~and then the car ll:oa..~MR.HOFFMANN:That's $1104.00.It sets forth also,haircuts ane l-ll::J8 various other items in this accou nt . .J« ~THE COURT:What is the position of the executor with the payment lI.o of thi s claim? MR.HOFFMANN:The executor has no objection to the payment of this claim.H01Never,we'd like the Court to pass upon the merits and make its decision. THE COURT:Do you want me to do that by hearing or just by revie 7V? MR.HOFFMANN:Mr.Bender,Eugene S.Bender,trust officer of .',\ ----..---------------------------..,.....--------~----I 4 "Western Pennsyl~,a:nia National Bank is here.. MR.BENDER:We ha,ve no obj ection to the claim.We thought in our capacity as guardian for one third of the remainder share that we should bring it to the Court's attention and object to it becausE of our relationship as guardian,so that v{e would ask the Court to rule on this claim based on the evidence of Mrs.McVicker. VVe did take as a deduction on the Federal Estate Tax Return. Service has not allowed this as a Federal Estate Tax deduction. We have filed a protest with the Internal Revenue Service and The Internal Revenue Do you desire a hearing on this claim or are you will ng We are willing to have you rule on that.But we also to allow me to review it and pass on it on the basis of the itemize d have a contingent problem with this.: statement filed by Mrs.McVicker? 0( z0( ~~THE COURT:zzIIJ 0. ioI-~Z :tlI)«~MR.BENDER: .:u II:l-ll) o .J 0( ~o :l... :tI-"III --..r' ," o i II: IIJlr they are scheduling a hearing for us in the appellate division.. o0. IIJ :'iTHE COURT:Aren't you inconsistent then?If you have filed it II::lo u as a claim in the Federal Estate Tax Return and it has not been.J« U~allowed by them and you are protesting that disallowance,are yo o inconsistent by coming here and asking me to---I mean by object ng to it at this point? ,. MR.BENDER:We initiiia~l1J~'asked the Internal Revenue Service to hold up on the audit until we had this hearing to see whether or n t the Court allowed the claim.They have forced us into a position by sending us their 30-day letter and subs equently '''Ie filed a pro est. 5 ·We feel we will also strengthen our position if the Court rules one way or the other.If the Court rules in favor of it if we go alo 19 to cancel our claim. in the appellate division,if it was disallowed,'.Tve would ask them •MRS.McVICK E R:The other brother of my husband--- have to pay for it all. send a letter to the Court putting aside $15,000 for his care. he was in Pittsburgh and he was in favor of the claim to be paid But since it should come out of the estat e,we wouldn't accept it David is my husband.Lloyd McVicker wanted to I did initially speak to this Mr.Lloyd McVicker when Who is your husband? My husband'wouldn't accept it because we felt that all should shar e in the costs,including the mimGr and the other brother.One shou dn't ..:u II: I-UI Ci oJ< Uo~MR.BENDER: :x:..,... N ~THE COURT: <>·oJ~MRS.McVICKER:zzIII0. iol-e>z x UI<~~' 0' ,eI, rtiII: IIIIt to Mrs.McVicker,David's wife.o0.III~THE COURT:your first name? a::::>o U MRS.McVICKER:Bertha McVicker.oJ« Utt THE COURT:Do you have any special training;?I'm just asking the:t o so I can revie'N it.You are not a practical nurs e? MRS.McVICKER:No,I'm not.I just had the love and patience. THE COURT:Thank you,Mrs.McVicker.Mr.Hoffmann,is therE anything ,else you want to bring to our attention? MR.HOFFMANN:By reason of the fact that the Federal Estate Ta~ has not been settled,we would ask that the Court set aside or I-------tt--------------------'-----=....::.---=..:..:::....:.....:..:-..-+--- .... :. t " ""~:' reserve for the executor the sum of $8,000 to cover any defic-ienc y in that tax as well as the sufficient amount for the balanc e of the Pennsylvania Inheritance Tax.And the remainder then after that setting aside,be distributed one third to Lloyd McVicker,one th rd to David McVicker,and one third to vVestern Pennsylvania Natior al Bank,guardian of the estate of the minor,Allan Robert McVicke , Jr. THE COURT:How old is the minor? MRS:McVICKER:He is 18.Well,he V;,Tas 18 in April. THE COURT:Is there anything in the Wi~l which makes provision fc r guardianship by age? MR.HOFFMANN:No. (At the direction of the Court,off-the-rec<;>rd discussion 'Nas not recorded by the stenographer). MR.BENDER:We have made advancements as is sho'Nn h the accour ting for his schooling. THE COURT:,Is there anyone else in Court interested in the estate of A.Allan Mc Vicker? MR.HOFFMANN:Mr.David McVicker has several questions. THE COURT:He 'vishes to ask the ~executor? MR.HOFFMANN:He "\vishes to ask the Court. MR.McYICKER:lid like to ask the Court---there are several questiors I have. THE COURT:Are you represented by counsel? ---------..--------------------------------------~--~ f 7 ....MR.McVICKER:N01 I am not.One is the fact that I am sure the file must show that Western Pennsylvania National Bank was ... • financial guardian prior to the time that they VJere executor of the estate.And the statement that they have sent to me conC'ernin~ this audit in no v-Jay takes into consideration as far as I can seel 'vould include that. the sums of money involved prior to his death. THE COURT:.... « z«:i~THE COURT:zzIII 0. ioI-~MR:McVICKER::z:ell«~ We would assume that the assets of his estate I would assume so too. What has been inventoried in this estate would Bank.That is on the audit that they have.' account on their audit dated the 27th of August.1970.$0.224.26 or I can't clarify the situation.As an example,they show a savin~s on deposit in the checking account by Western.1 Pennsylvania Nat onal ..=u~constitute his property prior to his death.And the bank was guaI dian ell o ~of his person or of his financial affairs.And they have listed u o~an Inventory.;;I assume,that is included on the Inventory. :tl-I' N MR.McVICKER:Apparently someone has made a mistake somewtere aill:III l-ll:o0.III ll: l-ll:::JoU .J« u ii: l&.o .' THE COURT:That's on an Inventory. MR.McVICKER:Welll whatever it is,yes.And then they show on this audit.$4,000 in t.~e checking.account.. ,;,'.~, Is this the accounting for the estate or the guard an?..MR.BENDER: That's for the estate... II,I • MR.McVICKER:I have no accounting for the guardian. ,..(~"II ... ..~,.' THE COURT:They have on their inventory transferred from 8 'Vii.P.N.B.,guardian,$4455.50,plus the stocks and bonds,which I assume--- MR.McVICKER: MR.BENDER: There's a discrepancy there too. The reason there may be a discrepancy,Mr. 0( z 0(>-..J>-UIZ Z 1&1Q, Zol-e>z :J:UI0(~ McVicker,is not aware of,the assets as trans ferred from the guardianacc ount,of course,take on a new basis as of the date of death of the decedent and the date of death values would be then the new values for inventory purposes in the estate.So there would be an adjustment there from date of death value from the d te here reflect a date of death valuation. of the accounting of the guardian account. MR.BENDER: or on a receipt and release basis. account.And I am not sure whether this 'Nas filed with the Court this,but I have a copy of a First and Final Account for a guardia ." ..:~ ll:I-UI C ~THE COURT: uc::J.., :tI-r-N iiill: 1&1l-ll:oQ, 1&1ll: l-ll: ::JoU ..J< U~THE COURT:o MR.BENDER: And the stocks and bonds that are inventoried Yes.I don't kno""whether Mr.McVicker has Can you furnish Mr.McVicker with a copy of tha t? Yes,I can.I think you "v ill see that the share balances agree with the Inventory value stated. MR.McVICKER:There's no question in my mind they in all proba Jility do agree.But as I say,I have no v"ay that I can---- r THE COURT:Mr.Bender has agreed to furnish you with a cop ~-----------...---------------------------------------...-0:'---....,I Q of the final account of the guardian in this estate. MR.Mc VICKER:This should carry the thing right through from the date that they entered into it as a financial guardian until this pre sent time .•THE COURT: Right? They are required to account to the Court. to the Court's attention through counsel. Bender and see what kind of an explanation you can get?His you see.There are several things.Another thing,as an exampl requirements,of course,as a guardian is to account to the Com t. That was the problem that I couldn't understand,· I just want to say this:we can't go over this piecemeal here in Court.Why don't you sit dO'Nn and talk to Mr. to be rais ed,he can't satisfy you with,then you should bring tha If you have any exceptions to file to his account or any questions ~MR.McVICKER: <~>I/)z ZIIIII.THE COURT:zoI-ClZ XI/)<~ ..=o II:l-I/) o .J<o o ::l.., Xl-,... N .' .- Ie no accounting of that. can account for everything that's there. THE COURT: iiiII:III o~ ~MR.McVICKER:oII.1IJa: I-a: ::loo .J<oii:...o Right.As I say,the only thing,I am:.sure they But to this da te I have I think probably you can solve a lot of your mis- I understandings or lack of information by sitting down and talking to Mr.Bender. MR.McVICKER:Another problem that I have,we had a hearing through Judge Marino,and Attorney Simmons represented me. In so far as an appointment of the attorney for this estate,at the I~ime of my father's death,prior to the time that Mr.Bender entered Onto I 10 it as executor of the estate,all three heirs went to Mr.Bender and,in fact,if you will look in the file,I was guardian ad litem ,.. • on one Court action;I was personally guardian for my father. I was instrumental all the way through this situation to get it to kNhere it is at at the present time.We very emphatically informe him that we did not want Joseph Hoffmann as attorney for this where Judge Marino confirmed employment,did he,of Mr.Hofflp.ann estate. by the guardian? You said you had a hearing before Judge Marino, 0( z0(>-oJ>-UlZZ1&1 Il. i THE COURT: oI- l'Z J:Ul0( ~ And the Executor has a right as far as I knovl to select counsel. the guardian or the Administrator or the Exec utor in this case. instrumental in this situation.And at the time the attorn~ys the attorney who represents the estate is,in:-effect,representin~ Of course,I am not familiar with that.Howe~~er, The only problem here is that as I say,I was I have had to this date no results of what that hearing was. THE COURT: iiia:1&I I-a:oIl. 1&Ia: I-a::>o U MR.McVICKER:..J 0( u ii:...o ..:u -- it MR.McVICKER:Iiia ..J 0( U o:>., :t0-r-N " ~' which handled the larger portion of this case assured me that the foe would be no problem '.'vhere the attorney was concerned in the apr:oint- ment for the estate because I was definitely 100%against Joe Hoffmann as the attorney for reasons that the file 'vill bear out. THE COURT:,Mr/Bender,what do you have to say? MR.BENDER:Nothing.except Ju dge Marino did rule in favor of 11 ." Mr.Hoffmann .and it is our policy to accept that attorney that drafted the will;and as you stated,it is the right of the executor to choose their own counsel. because even the trus t department---- It would appear that's already been taken care of. to see if there was any possible way that this could be resolved I •0, •THE COURT: <z<>g MR.McVICKER: zz\&III. io I-elZ J:III ;THE COURT: Vve will review the file and look into that matter. I'm afraid'it is a little bit too late,but I wanted My understanding is from Mr.Bender it has been for attorney's fees and the hearing on it and I didn't know what resolved by Judge Marino. happened. .:u 0:I-III ~MR.McVICKER:<u o :J., :t..r-III This is the first I've known of it.As I say.I paid estate that I don't agree with the trust d~lpartment on,is it my McVicker? MR.McVICKER:...- iii 0:~THE COURT: 0:oII. \&Ia: I-0::JoU -I« u j;: lI.o Is there anything :e,ls e you want to bring up.Mr. In the ·event that there's a discrepancy in the place to ask you what procedure I should follow? THE COURT:All I can tell you is consult with your attorney and have him give you whatever advice he thinks would be necessary in order to resolve any matt ers that you might think are pending MR.McVICKER:And the status ~f the estate for my benefit until such time,when will·this thing be final? . J , -' •J. .i ,,~ ,'- j -~- '.. j'J ·'11':t ',', ,. J , ,r ,", ,J ,. , I • .;' ,: Form OC Div.91 ,~.... .' j' 3Jn t~e flatter of t~e fstate of' .7·"";a~t .t:..• .~. 'A.Allan'McVicker DEOEASED .lJn tl1t ®rpl1anB'aIoud iiui,aion of tl1t '.'W~t.I~N~TO~_Qtourt of QIomm.Qn ltfltaB of ~ aIounty lJ'rnnsylnania .. NO._,....,....-NX#63~70-61,~.' t·}., I, ~no1U .All ~eu iy ijJ~rsr lIfrrsrnts.that .I,_--=L=..=1:....=o.....Y-=:d:......M==.cV..:.....1=-·c=k~e:...:r=---_..,..,,.49 hereby acknoV'lledge to have received from E~quibank N.A.,formerly ·Western "...~, I, .)Dollars (Bequest PE?r' i:;.-_.P.::e:..:n::n::.s::...y~l..:..v-=a::.:n:.:i:..:a::........:N::.a=t=i-=o:.:;n=-=a=-=l=--.:B=-an=.:..:k:.L,--=E=-=x~e=-c::::.u=-=tc=o-=r'---'--_~:-t he sum o'fNine Thousand Nii'l~~ (EXECUTOR-"D1'IINISTRATOR-THUSTEE-OUARDIAN)"> r', Hundred twenty Eight &17/100 ($9,928.17 para.3 of Wil~-$l,?OO.OO ~Cash ~$8,428.17) .and 50 sbs Duquesne I.;ght -~1.,2.8.9-_._0_7 if )7 ShS G C.--Murphy Co.-$435.cf~; 50 shs Hammor.d Organ:..$521.87;38 shs Kennamental,Inc.-$1;060.44; 104 sbs Merck &Co.-'$5,112,.22:62 shs Oppenheimer Fund,Inc.-$533.51; 34 shs Robinson Development·Corp.-$34.00;34 shs,W.T.Grant Co. -'",$1~77 5 •50..•-'((.f) in full of the amount awarded me under the decree of the Orphans'Court Division of the Court ,~(.f r ". of Common Pleas of Allegheny County,Pennsylvania,entered at the above number. And I do further authorize and direct the Clerk of the Orphans'Court Division to enter a receipt on the Audit Docket in my name,place and stead. DlIUnrss my hand and seal this 1/4daYOf~ Witness,QU<$/4d:iJ~.~?J!d!~(SEAL)~.·tt!OYd McV1cker !U.....lli....I8U..IHIlUIiUIlU..IUIIlIlIUIUI..U.. §JOHANNA D.WEST 5 ::NOTARY prJBLlC -CALIFORNIA :: ::PRINCIPAL OFFICE IN ::FXlK:IDlllX:)&I:~x*im0d3(oo~b:x$~~ ::SANTA CLAHA COJNTY :: §My Commission Expires July Z6.1976 is .'IIIII"IIIII"'lillll..alllluu~DIIlI~nUf!a~IODnuni :. .. 63-70-61 c' "..NO.~---,-,__",: t~I:'v.,;:.:i Ie:~...... "0':-'1 ,-;:.-",,~:';'1 _. 1":;'''.'~*;~('(-~';.-':.... -.. AUDIT VOL._ iRtttipt PAOE_--,-- .t." ,"';;. "!'.,..-..'....,', «• .-.'-.~-,.' (, ~<~t'"r.. l-J ~ ESTATE OF !lo,;'''l J .' .£'"\1 J;~r ,' I--! ',1 A.Allan McVicker DECEASED ,oj...,1,\'.' 1-":.,;.~: ;, ,. ,,'...~ -+. 't: I,'" ""t~' : ,\ ~"-.:"~, Filed Fee ',j '),., ".oJ -, '.\'iJ,J"': I;. ') ~ .. I ..-I..{.,4:>:\;« !"';} l·....~<H.~·1-1 f; "'0-..',9 ""-~ 1 '1 .,-I " Address .~-'~''""-''''-''';'-'' Attorney Joseph Hoffman','Esq. 242 W.MaiI1l.i'Street'· Monqngahela,Pa. " \ I Form OC Div.91 \\I ."I lin tqr !lattrr nf tqr £statr of 1Jn 1qt ®rpqana f arourt mittision of tl1t .WASHINGTON Qtourt of ClIommon 'ltas of ~ arounty Jtnuayluantu' At ,Allan McVicker DEOEASED N o.---;=--~·63...70-61 :.""!' .. .' , J t. ( (f,') ! .I..' I::'"I(now .AU !len tiy ijJ~rsr ltJrrsrnts.that ,I:,Allan Robert MeV;cker,.II'. 1 C (,"'t \.-.~...J L db;hereby acknowledge to have received from Eguibank·N.•A.,formerly western:'!! !i :..P-=e.::n:::n:.=s:.:f,y...:1:..:v-=a=n:.:i:..:a::........:N:.:.:a=-t:=;1.::.:·o:=;n:.:.a=l.....:B=a=-=n.:..:k"..L.,-=E.=..:x~e~c:..=u::.=t:..:::o:.=r'----"the sum of Three Hundred ~.1 (EXECUTOR-ADJ.lellNJSTRATOR-THUSTEE-OUARDJAN) &16/100 ($300.16)Dollars .. Bequest :;>er para.4·of W{i1,Adv.Dist.per··Acct •.$1,500.00;Adv. and dist.pe~acct $5,000 00;adv,dists perrec~pts filed $3,895.00; 50 shs Duquesne Light -$1,289.06;16 'shs G'.c'..Murphy·oCo ....'$409.52; 50.shs Hammond Organ -$521.88;38 shs"Kennemetal,Inc $1,~.43; 90 shsMerck &Co.-$4,424.12;·62 shs Oppenheimer Fund -$533.51;33 shs Robinson Dev.Corp.-$33.00;33 shs w.T.Grant·Co.-$1,723.19 in full of the am:>unt awarded me under the decree of the Orphans'<;:ourt Division of the Court of Common Plea~,of Allegheny County,Pennsylvania,entered at the above number., .:1>.,. And I do further authorize'and direct the Clerk of the Orphans'Court Division to enter a receipt on the Audit Docket in my name,place and stead. Bitnus my hand and seal this ~day of O~,1913. I,I WitnessU-,C -/a-d/.~~~~ \-Allan Robert MCVicke:r~r. I. , .'. NO.63-.70-61IIkti AUDIT VOL._ iRtttipt PAGE_---..:: ;"t " j '., ESTATE OF A.Allan McVicker ij.j., ,-, , I, '-11 -:.\ I ,. ;'{~>; ".: '(i f:, DECEASED (. ...... ;~ ';)'¥:. ''t',.: le' :~) '::~\,-":_I'·~~ .~.; ,~ Filed Fee H... ,,) ,' ;), 'I ~, - J .) ,.,' ) .,,.0".. "'I"J '\I"""" '."_.,A .~,":-0'..r.;.~_.';,.0..).-: 'e. ~) ~.~, '" :i '1 .., Joseph Hoffman,.Esq. Attorney 242 W.Maj n St Monongahela,Pa.Address ,_ :0.':..",,"':J (.\,.\...~ ':,: I .' Form OC Div.91 11n t~t"flattrr or t~~fstntr pf lin lqt (@rpqana'<nourt miniaion of thr, ,WASHINGTON Qtourt of OJommon Jlraa of ~ <nounty l~titnBY Inarthf . A•.Allan Mcvicker DEOEASED ""......,l No.--,-.-..,....-__,~63-.70-61 I I. "r: ';,', I(nplU 1\1l flrn my m~es~'resrnts,that·"j,Bertha McVicker .'!.... t;1'\4~hereby acknowledge to have received from'Equibank'N.A."formerly western Hundred twenty Seven &15/100 do11arS($.10,327.15 )Dollars ,and . - in full of the amount awarded me under the decree of the Orphans'Court Division of the Court of Common Pleas of Allegheny County,Pennsylvania,entered at the above number. enter a receipt on the Audit Docket in my name,place and stead. And I do further authorize'and direct the Clerk of the Orphans'Court Division to day of_---=:...tJ---:C=--.;/:.....-_Ditnrss my hand and seal this '/~ Witness: 63-70-61 ':" NO.~2..;---.:=----- AUDIT VOL._ r~' :.': pAGE~,.-- i.•J, h"l":~<1 .,- "r i&tttipt '-' ,,:'+0 .,.;.I}I ...... (ic • I ~,; I' ESTATE OF ,'.....~.~. ~-:i ": " J.~~",j \,: \t A.Allan McVicker <, ~,;, :,:;;DECJDASED..... ·-1 " ~I: '" " (.) :..~~<' ~l; (":"'1 r~; ('~-'. "l (:, ~J :-'\ -.,~. r·: ~j ..~ vi Filed _ Fee .~),_ Attorney Joseph Hoffma~t·E.sq. 242 w.Mal.n S·t. Address Mo~ongahelat Pa. .~~: t.......:.,.•• ~'O:~;':"!l:~':i·i . J Form OC Div.91 3Jn t~l'ilattl'r 0:t~l'Estate of 11n lqt ®rpquna'<nourt minision af tl1t .WAS~t~GTON Graurt af C!Iomman 'ltUS af ~" <1taun1y '.'rnnayIttfitt iit A.Allan McVicker DEOEASED No....,.~63-70-61 David 0 •.McVicker ., ," '-..,. "~: ,I(now .2\11 tt1l1'n tiy W~l'Sl'lIIrl'srnts.that J, "!j ••••..49 hereby acknowledge to have received from ",:Equibank ."."·....1 ,Pennsylvania'National Bank,.'Executor' (EXECUTOR-ADMINISTRATOR-THUSTEE-OUARDIAN) .1 ., ,.'1 N.A.,formerly 'Western,:'::, )Dollars (Bequest ,per J[, j .Hundred thirty five &49/100 ($8,635.49 para.5 of Will -$1,500.00 &Cash -$7,135.49 .ancAdv.distrijbllti on per Acct -$846.00 i one <'3;amana r;ng =_$5.QQ.00;50 shs Duque~ne Light ~$1,289.06;17 shs'G.-C;.Murphy·Co.-$435.08;50 shs Hammond Organ -.$521.88;38-shs Kennementa1,Inc.-$1,060.44;104 shs Merck &Company -$5,112.22;62 shs Oppenheimer'Fund -$533.51;33 shs Robinson Development Corp ..-$33.00;33 shs W.T.Grant Co.-$1,723.19 in full of the amcunt awarded me under the decree of the Orphans'Court Division of the Court of Common Pleas of Allegheny County,Pennsylvania,entered at the above number. And I do further authorize and direct the Clerk of the Orphans'Court Division to enter a receipt on the Audit Docket in my name,place and stead. .Hurss my hand and seal this Witness:1&y ~ ·C~.:--""''''''''''''''''- 1,- .J 63-70-61 NO.~__ AUDIT VOL._ .i:"., PAGE__ ~~.':~>:~i:(.:::.~;;;.:,,~ .'t1 ~~.~~~' (~~c-i i~~)00• .'"-, iRereipt ";1 ...~ ~,. ESTATE OF '. A.Allan McVicker, DECEASED ,. c I i ,~~ ,.,•oJ, 1 ; H:;" ~;:;<-.' 0 .",0 '"'c:"t :e.:,~ !r •~, .~ ~?." 'J "-l, ./ ;r r f',.';;;~)JJ •.\", \ ..,.-.t'f'~ ;~,I ! 'Hi~l ,\ "~·1,·r .....,. :., ,.I ,j,',')""~ '.' ~. '0 ~,'j '") v' ,."'.... Filed ..~._.4 . •,r~",'.''''' \.-.:.,'":') ,;.j '.'{~'.t~.~~(-1 ~,"( ,lt.' .-' .I.. ":!~:' .,•j 'I.. Address Attorney Joseph Hoffman I Esq. 242 w.MaJ.n St'. Mon~ngahela,·Pa. Fee ...~'>...: r Equibank N.A. Fifth Ave,at Smithfield Pittsburgh,Pa,15222 quibank October 19,1973 Russell -Marino,Register of Wills, Washington County Court House Washington,Pennsylvania 15301 Re:Estate of'A.,Allan McVicker 1-6599-5 Dear Mr.Mari-J;:ip:0 Enclosed are th~executed docket receipts from the heirs of the estate'of A.iAlla~~cVicker. .I The es~ate has now been distributed. '.J ESB!em Enclosures ,J ,Sincerely, !~~EU~Bender Trust Officer An Equimark Company ,.~/- ~.;;".,,''''. .~ ., ,-J \.~.f1 t:-.r .i.__ '. --. " i .~...., ---.,1, ACCEPTANCEOF'THE'PROPOSED'GUARDIAN Statea that WESTERN'PENNSYLVANIA NATIONAL "BANK'being the proposej Guardian in the foregoing'Petition does hereby 'agree to act'as Guardian of the'Estate of A.ALLAN 'McVICKER, the alleged incompetent,if the Honorable Court~shall so appoint.It does hereby aver'that'it has no interest'which 'is adverse to that of-the alleged incompetent'and further is 'not'a fiduciary 'in any estate in'which the alleged incompetent has an interest. WESTERN'PENNSYLVANIA NATIONAL,BANK -By '1?:;~c<~UL Guardianship Administrator , I ~ ---------r--..,..,~----- -,.i • r" . ;I ~ ;,. .~~ "~, l~ I~'" ~. \. '""IN THE COURT OF COMMON PLEAS OF :WASHINGTON COUNTY,PENN- SYLVANIA ORPHANS'cbuRT DIVISION No.63-70-61 ESTATE OF: ~ \1 • ~ •(0' ""'. A.ALLAN McVICKER,also known as ALEXANDER A.McVICKER, also known as ALEXANDER ALLAN McVICKER, ! deceased I II r ~,~. .~,':" 'OJ' ~ ....{, ~ > " 15063 JOSEPH L.HoFFMANN ATTORNEY AT L.A.-w- 242 WEST MAXN STREET MONO~GAHELA.,PENNSYLVANIA ASSIGNMENT OF LEGACY ;.:;-: , t ;J " p r- ~, til.,J..~,.{," ~, '\,-,;r,. It.)'r.-, ~ Ii.~. ('::I o -~j ... \~I.j (., t':J., (~ '.~7i•-\.;, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,.PENNSYLVANIA ORPHANS'COURT DIVISION ESTATE OF: A.ALLAN McVICKER,also known as ALEXANDER A.McVICKER,also known as ALEXANDER ALLAN McVICKER,de~eased NO.63-70-61 ASSIGNMENT OF LEGACY To the Honorable P.V.Marino,President Judge of said Court: KNOW ALL MEN BY.THESE PRESENTS,that I,Janet Ann Gibson,the legatee named in Paragraph 2 of the Last Will and Testament of the above decedent,wherein the sum of Two Thousand .(.$2,000.00)Dollars was bequeathed to me,do hereby relinquish all of my right,title and estate therein,and in consideration of the sum of One ($1.00)Dollar,to me in hand paid,the receipt whereof is hereby acknowledged,to hereby assign,transfer,set over and.re1ease all my right,title and interest in said legacy of Two Thousand ($2,000.00)Dollars to the following named pe~sons,share and share alike,viz:Lloyd A.McVicker,son of A.Allan McVicker,deceased;David O.McVicker,son of A.Allan .McVicker,deceased;and Allan Robert McVicker,grandson of A.1 Allan McVicker,deceased. I do hereby covenant to be legally bound by this Assignment. IN WITNESS WHEREOF,I have hereunto set my hand and seal this 1m day of ~,1972 ... r I~Janet Ann Gibson (". \'~fI -.•• ,'v CQMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON SS: Before me,a Notary Public in and for said County and Co~monwealth,personally appeared Janet Ann Gibson,who being duly sworn according to law deposes and says that she acknow- ledges the foregoing Assignment of Legacy as her act and deed for the purposes therein contained. of WITN(SS my hand and Notarial Seal this~,1972.£;:t2ft day My Commission Expires: \VA~mt~crin~~:;GIm",nur~nY~llBU~ CHARlEnm ~~~~:~;F,:;,~J::~t}J~r~:j CJ(::;-Y MV COMMISSHJil E{l-ii1fS Jl~8m la,~am J Form RCC-33 RESIDENT DECEDENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS COUNTY OF .\"." IWASHINGTON.............................:. IMPORTANT:This return must be completed in detail and filed in duplicate,with will 'attached,with the' Register of Wills of the County where decedent 'resided;Return is due within one year after date of death,unless an extension is granted by the Secretary of Revenue.(Section 703 of __tJ1~_.Inlwr:l,t.{lnce_.~n~.E.l!!t~teTax J\ct of 1991.) State of ..P..J?~$.Th.Y.f.!.N.±.~}ss: County of ...~~?li.I.~g.?;.9..~. Eugene S.Bender,Trust Officer,W.P.N.B'.EXECUTOR......................................................................,~. ~of the estate of the above-named decedent being duly sworn,depose and say ...~ Name and address of attorney or} other authorized representative to .._.. Whom all correspondence should be.. mailed. .........................J.gm~$.H.•......G.g.~r.e.t.t..,Tr..u.s..t O.f.f.icer,WPNB .. .,5th &Smi.t.hfieldSt J?gh ,..P~L•.l5.2..2...2._ . That as such ~x.;~~.Y.'.+..Q.B."deporient is familiar with the affairs of said estate and the property con- (Executor·Arimini.lral-pr) stituting the assets thereof and their fair market value. That at the time of death there was no safe deposit bux 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 IN WHICH DECEDENT RENTED A SAFE DEPOSIT 'BOX .NONE THIS SAFE DEPOSIT BOX RENTED IN NAME OR NAMES OF RELATIONSHIP OF JOINT HOLDERS TO DECEDENT That the contents of said s~fe deposit box or boxes are itemized under Schedules of this---return,with the exception of the follQwing,for the reasons hereinafter set forth: That Sc.hedu/~A attac;:hed h~r-eto and made part hereof sets forth fullv and in"detail all the real property in the Commonwe~lth of ~ennsylvania of which decedent died having an interest therein.It also sets forth the mortgage ~pcumbrances upon each parcel ~f real property at the dat;e 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 ~n the ~QJumns provided therefore the assessed valuation of each of said parcels,the estimated market value th~reof as of date of death of decedent•. That Schedule B attaChed her~to and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the deoedent at the time of death;all moneys left by the decEldEmt at the time of death,whether in dec~~ent'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 o.ther person or persons giVing al!!!Q separately the accrued interest thereon,if any,down to the last interest day prior to decedent's death in t~e case of saVings banks,and to the date of decedent's death in all other cases;all bonds,postal savings,treasury certificates or no'tes and other evidence of in-~.... debtedness of the United Stat~~to the decedent;all obligations,whether by statute or agreement they are designated as tax free,.of.tJ:1e United States,or any state,or political subdiv1.sion thereof,or of any foreign country,which are owned at the time of death;all wearing apparel,jewelry,silverware,pic- ,('.•.-:c .,_~"'.tures,books,works 'of art,hO\,lsehold furniture,horses,carriages,automobiles,boats;,land··any.and.all other personal chattels of what!loever kind or nature,left by decedent,together With tht;'fairly eSti~at~d marl(et vallie thereof;all bonds and mortgages held by decedent and of all claims du,e and·OWing decedent at the time of death,and all promissory notes or other instruments in writing for.t;he payment of mone, of which decedent died possessed,of whatsoever nature,with interest thereon,if any,giVing the face vallie and estimated fair market value thereof,and if such estimated fair market value be less tha,n the face value,it sets forth briefly the reasons for such depreciation'as to each item;all moneys payable to the estate from life insurance polici'es carried by decedent;all annuity and endowment contracts the proceeds of which were payabl~upon the death of the decedent;and all the corporate stocks and dividends due thereon and unpaid as of the date of death,bonds and a'ccrued interest thereon to the date of dece- dent's death and other investment securities owned by the decedent at the 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 assets and liabilities thereof as of the'date of death.The schedule also sets forth the interest of decedent at the time of death in any co-partnership or business,and in support of the value of such interest there is annexed to said schedule,financial statements showing the assets and liabilities of said co-partnership or business. A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the agreement) together with a statement setting forth the character of the business,its location,and such other facts pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest therein must be 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.'-1 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 tftke effect in possession or enjoyment at or after death,said schedule sets forth the nature and value of such property,to whom transferred,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 co~y of the deed,trust agreement or other instrument creat~n,g the trust.Ther,~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 instrument 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 decedentis 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 Schedul€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 unpaid at time of death;taxes accru~d 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 columns in Schedules "A","B", "C","E",and "F"as directed therein,. have been carried forward and properly registered in the Summary. EXECUTORBANK, ........,~~. WESTERN PENNA. Subscribed and sworn to before me this li... .~.~g.~.l?:.~.....$..~....J:}.§:J}.9.§:.;:..I......T.f.:q.§J.....Q..tfJ.£.€tr.. (Street Number)Notary PublicDAViD l.ME~STER,Notary PubflC 5.t::.h...§.....$.~.~.t.hJ.:t.§:J.9......$J..~......RgJ'1:.~......R..9..~..l.5.f.2 2 "\Pittsburgh,Allegheny County,Pa;(City or Town and State) NOTE:Before signing.~~!1~iP~"'3tW~t~~l1.9i?iiank 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 column #1 in the "Summary"has been properly completed as above-directed. RCC-34 (1-64) CO~MONWEALTH OF PENNSYLVANIA D.EPAR·TMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS .~TRANSFER INHERITANCE TAX RESIDENT DECEpENT 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 and street number,together with a general description of the property,with a reference to the record of the conveyance by which the decedent took title;If a farm state number of a- cres;also statement of mortgage encumbrances upon each parcel at death of decedent.Taxes,assessments,accrued Interest on mortgages,etc.,are to be Iisted on Schedule IIF"and must not be deducted from this schedule. (1 ) ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH (2) ESTIMATED MARKET VALUE (31 DEPARTMENT ·VALUATION CAUTION (Do not write In this space) ALL that certain parcel of land situate in carroll Township,Washington ctl _ Pennsylvania and being lot No.5 in the Crestview Manor Plan of Lots as laid out bl George Spote and N.Dean Hofmeister,and which said plan of lots is of record in thE Office of the Recorder of Deeds of said Washington County,pennsylvania,in Plan Book No.8,page 73. HAVING erected thereon a one-story brick dwelling known as 114 crestview Manor. (Sale Pricer7 1),-'-1o~'YV([f 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. RCC-35 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITA.-'J"CE TAX RESIDENT DECEDENT SCHEDULE "n" PERSONAL PROPERTY INSTRUCTIONS:This S:::hedule must disclose all tangiUe 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".Inta~gible personal property,titled in the name of the decedent,but payable at death to ~nother or others,including but not limited to p.a.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 ~ersonal property should be listed first (e.g.jewelry,wearing apparel,household goods,and furnishings,books,paintings,automobiles,boats,etc.) Intangible personal property,such as bonds,treasury certificates,cash .on hand and in bank,..stocks,'mortgages,notes,together with accrued interest or dividends,salaries or.wages,insurance pay- able to the estate cr fiduciary in said capacity,partnership interests,interest in any undistributed 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 ESTIMATED .DEPARTMENT VALUATION VALUE MARKEl'VALUE (Do not write in this space) 0 00.-..... !r,7f',70 ~S-o. 137.7 1 3,/4- If 455·.e5b '-1-.3 / 1{..57:>.--- ;23 5 7.74 5~.s~· -;11 500.00 1,678.75 650.00 737.71 5,250.00 2,359.74 «jf-J $3.14 ~.J4,455.56 ~.J 4.31 11,087.18 3,867.18 5,221.88 . 1,565.63 -p 3,181.31 14,648.56 81.95 1,279.68 1,600.53 100.00 Cash cash found in home Cash transferred from WPNB,Guardian acco nt Continental Casualty Co.,refund on unearned premium Long Warne Insurance Agency,return premium on cancellation of auto policy No.AR 6:;:9567 Manufacturers Life Insurance Company, balance of annuity payments Re: policy No.156450 Monarch Life Insurance Company,proceeds of policy No.26298R,claim $10362 General American Life Insurance Co., proceed~,policy No.G7528 Treasurer of the U.S.,Scoia1 Security death be'nefits Stocks and Bonds $11,087.18 p.v.WPNB,Growth Bonds, G-15393~,5%due 1/2/85 / 150 shs.D~quesne Light Co.@ 25.78125 100 shs.W..T.Grant Co.@,~2.1875 /" 150 shs.Hcmmond O~gan Co.@ 10.4375 ~ 114 shs.Ke'nnameta1,Inc.@ 27.90625 / 149 shs.Merck and Company @ 98.3125 v Dividen~s thereon X-date 12~1/70 v 50 shs.G.e.Murphy Co.@ 25.59375 ,/ 186 shs.Oppenheimer Fund,Inc.@ 8.6050 Y 100 shs.Robinson De~corp.@ 1.00 1 Misce11anec·us One (1)1a~ies diamond ring One Lot ho~seho1d goods If\~ One (1)19E6 Chrysler Coupe ~ One (1)coin collection Insert this total opposjte "Personal Property",Schedule "B"in X X the "As Reported"col~.on the last page of this return. i: RCC-36 cm~{QN\m..\LTH OF PFXNSYLVANIA TIUNSFER INHERITANCE TAX ~~SIDE~T DECEDENT SCHEDULE "c" TRA.NSFEIlS (1)'Did decedent,wi thin two years of death,make any transfer of any material part of his estate,wj.thout receiving a valuable and adequate consideration therefor?(Answer yes or no)_n__O _ (2)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)no (3)If 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 property without receiving a valuable or adequate consideration therefor which was to take effect in possession or enjoyment at or after his death? (Answer yes or no)no (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)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 valuable and 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)__n~o~__ (b)The right to designate the persons who shall possess or enjoy the property transferred or income therefrom?(Answer yes or no)~n~O~__ (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 prolnise to pay income to or for the benefit of care of transferor?(Answer yes or no)no (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)no 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 None DESCRIPTION MARIillT VALUE (Es tlmated)DEPT.VALUATION (Dept.Only) Insert this total opposite "Transfers",Schedule "C"in the "As Reported"colunm on the last pu)!;e of this return. RC'C-S8 CCMMO\'WE.\LTH llF l'ENN~YLV;\NL\ T1U\,::::l·Tll TNHERIT\NCE TAX PillSIDENT DECEDENT ., SCHEDULE "E" JOINTLY OWNED PROPERTY HiSTRrCTIOKS:This schedule must disclose all property,real and personal,owned by the decedent jointly wi th 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 tmder 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-awners to the decedent. Description of Property,Date of Acquisiti~n,Name I Address and Relationship of Co-Owners,and Place i of Record of Instrument,where Real Estate.1 NONE ..' Unit Value percentage Share Estate Valuation DEPARTMENT VALUATION CAUTION-Do not Write In This Space. Value of Value of Entire Decedent's Property Interest Insert this total opposite "Jointly Owned Property",Schedule ·"E" in the "As Reported"column on the last page of this return.I .....,--..1 ~I ....,..:.. SCHEDULE "D" BENEFICIARIES RCC:'37 (12-63) rorlMoNwEALTH'OF rENN~YYLANIA TRANSFER INHERITANCE TAX'~RESIDENT DECEDENT ...'--..~-..~--..~-......~,...-~.__.~~"-,,~- I!.' INTEREST OF BENEFICIARY IN ESTATE specific DATE, OF BIRTH " SURVIVED DECEDENT STATE YES OR NO Janet Ann Gibson ===========================;:========:::;:======:::;:========;:==================-.'RELATIONSHIPBENEFICIARIESANDA[·DRESSES (If step-children or (State full names and addresses of all who illegitimate·.children have an interest,vested,cont ingent or other are involved,set ..wise,in estate),forth this fact.')-~-~-......:.;..=~c::.-.;~::..:....:.:...------t--------+-----+---~--t----------_.- niece -----------------+--------+-----+------+-----------_.. 630 C'heslev Avenue M01lntain View C'alif 94040 ...Allan Robert~McVick,er,.qrandson i/3 residue ,-.MOnOnqahela;Pa.15033 J"..., -----:----------''------f---------+-----+-------;::"~_+_------------ 1 /3 res inue 2121 Neal Drive ~McKeesport,Pa.1~.134":..'. 2, -----------------t--------+------'-+------t------------.. Deponent further says tha~all the above-named beneficiaries are liVing at this time .except below: NAME DATE OF DEATH RESIDENCE ~.--- ~l2.II (Executor-Administratormustcomplete"As :J~iniSrratiOn INo 1.11p'W,i,3.5?...Repo"ed"column #1.) II 0 :""""d::C,"'"'l::""'t ('[) P.-I THE .0 :II>;;l ~.~:~0 ~.....='""d~IATTER OF THE APPRAISEMENT'II .~:~.e.<3~:y I-t:l 16cr-.0 ...... OF THE -:1-"0."'"(l):~'0 '<: trl :(1"~ ESTATE OF ~:1-'~~.I<(l): :0:~.:~ ..A Allan:.McVicke.r II ,:~ Deceased / ~i ,\ '. Late of '.crestview Manor".. County of .YYCif:l.l1..i;J:l9:t.C?I1:. Commonwealth of Pennsylvania ;.-,.:(J)..:....:().W:::y ::r :0 • enc:~~>::cc;;c;;><o 0?'"?'" REPORT AND APPRAISAL i:rJ C'5 c'>:~:: '~;ti n -~",I .Jf"~'ZJ I:.~ 'Vd 0'f),0 NOlf)H~H·$Vi4. :Si1iA\A:G 'l33lis~~;ari~:r~'1:~~TY~$$nU ~~-oo~~~ ~ ~'.. .) ".:v :< .,. ~)(~~oo·K)~.'ro ~(t ___. .2".l'O;""'1_::,3. ":8\:3"',.:.r. ,.'c.. f'h~ :0'1 :l\.J ....-.;:w :1.0 ~,....:..::c ,I-',ex:>(l)---'W,O'";:l~.'ex:>,oo- :.:.~ ,1-':0 ~ :I-':0 .:::; .:.Io0:.I1.0wex:>. :... :1.0 , :l\.J , 'I-':1-' f'hf'h~~ 1)():'. ,,"-l .~'~'p.J: :--..,. ~ s .oJUf''ZLd'5'O.1"~j~ !.. Joseph Hoffman,Esquire 242 W.Main ·street Monongahela,Pa. , !'~. DEDUCTIONS ALLOWED INFormRCColO ,OFFICE OF THE REGISTER OF WILLS WashingtonOF-=-COUNTY ,'ST'ATEMENT OF DEBTS AND DEDUCTIONS THE SUM OF o.0"0 0 •••o' DATE APPROVED 0"0 0 ••0 J $....~.8~9....g./t.if t:t/~6/'7 ~ AND AGENT OF THE CO...MONWIiiALTH ESTATE OF Alexander Allan McVicke:tATE of_-..:.M,:.o.:..;n:..:..:.o,;;.;n;..,gl..:a:.;;h,:.e=l.;;;a _ DATE OF FILING APPRAISEMENT D...TS OF DEATH _~J..l;:a~n~u~a=:...=r..J:y--:2~3.L,--=1~9:::..7.:....:::.1~_ DATE 1971Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. 9 10 16 .. 16 16 17 17 17 NO.OF VOUCH""NA"'''OF P"'VEE Washington County Reports Volk Parking Garage Monongahela City Water Co. Internal Revenue Service West Penn Power Co. Pittsburgh Coin Co.,Inc. Register of Wills Joseph Gilmore,Jr. RE......RKS Adv.letters testamentary Two (2)months storage Water service to 2/25/71 1970 income tax Electric service Fee for appraisal ofcoincollection Letters ~estamentary,tlve short certs.&renunciation .Fee f.or appralsal ofhouseholdgoods "'MOUNT $14 00 40 00 12 28 443 35 32 29 40 00 30 50 50 00 Mar.17 .Mar.·.17 Mar.17 Mar.17 Mar.24 Mar.25 Mar.25 Mar.26 Mar.31 Buena Vista Vol.Fire Co. Wm.N.Pigozzi,M.D. McKeesport Hospital J.P.Hughes,M.D. David O.McVicker Equitable Gas Company McCune Hardware Company West Penn Power Company The Daily Republican Ambulance service Prof.services rendered Balance due Prof.services rendered Reimbursed for funeral expo Gas service Four (4)keys for house Electric service Adv.letters testamentary 25 00 137 00 74 37 15 60 1,760 00' 43 11 1 70 15 46 12 50 7\.~, -J:: Apr.5 Paul Guggenheim and Son Hardy and Hayes Appraisal fee for diamond r ng Appraisal fee for diamond r ng 10 00 10 00 Apr.5 Monongahela Publishing Co.S~le ads 15 00 Apr.5 Bell Telephone Co.Phone service 11 75 -'-;::-'--:.:"".-r---+---+-;:;G~r:-:e:-:e=-n=l"""-;:.le:-:e::-,....:.."f>:~.l-:C::;,:h=ffi,-::::a-:::n:-,-D~e-:::r::-::r="l=-c=o:-l-----------------4----+--- Apr.5 &Posa,Attorneys Prof.services rendered 4,000 00 Apr.5 I I I I I I I I I I Reimbursed costs &expenses 206.10 Aor Apr. 23 Wm.B.McCollum.Tax Coll.1971 road tax 55.86 26 Equitable Gas Co.Gas service 21.00 Amount Forwarn $7,076 87 COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Allegheny S.: Bruce W.Boul,Sr.,Asst.Trust OfficerI.----------=.....;~~:..-.:;",;,,:;~~......:..=....:::..::.=-..:::.:::..=.::::..:::~=----__HEREBY CERTIFY.TH"'T.TO THE BEaT OF lillY KNOWLEDGE AND BELIEF.THE FOREGOING 18 AJUST AND TRU E arATEMENT OF DEBTS.FUNERAL EXPENSES "'ND EXPENSES 01' ADMINISTR...TlON SUBMlnED TO THE ESTATE OF Alexander Allan McVicker DECEAem.AS DEDUCTIONS FOR INHERITANCE TAX PURPOSES ~...Western ennsylvanla Natlonal Bank Executor .J \' ..SWORt,AND SUBSCRIBED BEFORE ME THIS ~f~DAV Of'\.\.~V --(L.5.1~c-.LlCJh .BY:~\.\.~~~.\.~\.~~. Notary publ¥c Br~~..e W.Bou\,Sr.,Asst.Tr.Office' r.o:l,f;,t Co ~PllLLRoNOIAlh'PliOUC ~\' PITISBURGH,ALLEGl1fNY COUNTY MY cor.~~~lI~"SION E.XPIRES JAN.31,1971 Member,Pennsylvania Association ot NotarieS MY COMMI~'SION EXPIRES JAN.31.1971 Member,PennsylvaniaAssociation ofNotaries Form RC C·I0 DEDUCTIONS ALLOWED IN...', >., 'STATEMENT OF DEBTS..~.-.OFFICE OF THE .THE SUM OF ............$...................................................•REGISTER OF WILLS Washington AND DEDUCTIONS DATE APPROVED ........OF COUNTY ...................................................... AND AGENT OF THE COMMONWIiALTH Register of Wills,Age~t ESTATE OF Alexander Allan McVickeEATE OF Monongahela January 23,1971DATEOFFILINGAPPRAISEMENTDATI>OF DEATH DATE NO.OF NAMIi:OF PAYEE REMARKS AMOUNT VOUCH"" Amount Forward $7,076 87 .Apr.27 WEst Penn Power Company Electric service 13 76 May 3 REgister of Wills One (1)short cert.2 00 May 5 Malcolm L.Morgan,Treas.1971 Personal Property tax 9 21 May 10 Malcolm L.Morgan,Treas.1971 County tax 9.7 47 May 21 Ar:dre Bellicini,Jr.Mowing lawn 14 00 June 9 Ar:dre Bellicini,Jr.Mowing lawn 12 00 June 29 Ar:dre Bellicini,Jr.Mowing lawn 12 00 May 25 E~uitable Gas Co.Gas service 21 00 May 27 West Penn Power Co.Electric service 14 14 June 14 M21colm L.Morgan.,Treas.1971 real estate tax 52 64 June 14 Mclcolm L.Morgan,Treas.1%deed transferstamp 29B-00 June 14 WE:st.Pa.National Bank 6%real estate servo fee 17 788 )00 .- July 6 Monongahela City Water Final bill 16 49 July '30 Ecuitable Gas Co.Final bill 41 73 Aug.2 West Penn Power Co.Final bill 3-98~ Aug:'<'~'31 BC.reau of Vital Statistics One death certificate 2'00•.••••#•.•: 1912 14 Joseph Hoffman,Esquire Prof.services rendered 4,500 00Ju.y July 14 Western Pa •National Bank Executor's compensation 4,650'00 .l~I3 3 Bertha McVicker Claim for maintenance ofJuy father-in-law per Court - Order dated 7/3/73 10.327 15 28,952 44 ========---- '.COMMONWEALTH OF PENNSYLVANIA }S.:COUNTY OF Allegheny.,Bruce W.Boul,Sr.,Asst.Trust Officer H£AEBY CERTIFY.THAT.TO THE BEaT OF MY kNOWL.EDGE AND SB-IEF,THE FOREGOING 18 AJUST AND TRU E srATEMENT OF DEBTS,FUNERAL EXPENSES AND EXPENsa OFADMINISTRATIONSUBMITTEDTOTHEESTATEOFAlexanderAllanMcVickerOEcueao.AS DEDUCTIONS FORINHERITANCETAXPURPOSES...-d-WAc::rArn Pa National Bank.ExecutQc.6.).WORC~:OR~.:T~~.AY OF BY:~\-m~~~~. Nt.bl'~uce W.BO~,Sr.Ioar}Pu I.e MARLENE C.SPITLER,NOTARY PUBLIC A sistant Trust Officer PITTSBURGH,ALLEGHENY COUNTY Form RC C·10..~....'."" DEDUCTIONS ALLOWED IN \\ '.-~ OFFICE OF THE...REGISTER OF WILLS WashingtonOF COUNTY STATEMENT OF DEBTS AND DEDUCTIONS THE SUM OF ...•........$ DATE APPROVED ••.......,.,. AND AGENT OF THE COMMONWEALTH Register of Wills,Agent ESTATE OF Alexander Allan McVicke.r,..TE OF .:..M:o.::o:..:n:.:.o=n:.;:·gL.:a~h:.:.e=l:.;:a=--_ January 23,1971DATEOFFILINGAP"RAISEMENT DAT&OF DEATH __-=-=....;:.;..:;~_&___..,;~.-..;;:...:....:...:::._ DATE NO.OF NAM&:OF PAYEE REMARKS'AMOUNTVOUCHEl'I 1971 Advertising Mar.9 Wc.shington cty.Reports Letters Testamentarv S14 00 Mar.10 Volk Parkina Garaae Two mos.storaqe 40 00 Mar.16 Mononqahela city Water);Co ..Water service to 2/25/71 12 28 Mar.16 West Penn Power Co.Electric service 32 29 .t'·ee I:or appLal.Sal. Mar.17 pqh.Coin Co.,Inc.of coin collection 40 00 Register of Wills Letters Testamentary,fl.ve 30 50Mar.17 short certs.&renunciation Fee tor appral.Sal or 50 00Mar.17 Joseph Gilmore,Jr.household goods Mar.17 Buena vista Vol.Fire Co.Ambulance service 25 00 Mar.17 Wn.N.pigozzi,M.D.Professional services rend.137 .00 Mar.17 McKeesport Hospital Balance due 74 .37 Mar.17 Jt~P.Huqhes,M.D.Profeesional services rend.15 .60 Reimbursed for funeral Mar.24 David o.McVicker expenses 1 760 00 Mar.25 Eauitable Gas Company Gas service 43 11 Mar.25 McCune Hardware Company four keys for house 1 70 Mar.26 West Penn Power Co.Electric service~)15 46 Mar.31 The Daily Republican Advertising 12 50LettersTestamentarv Apr.1 Paul Guggenheim &Son aee for apgral.Sal ot 10 00l.amond rl.g Hardy and Hayes Fee tor appral.Sal orApr.5 diamond rl.nq .10 00 Aor.5 Mononaahela publishina Co,Sale ads 15 00 Apr.5 Bell Telephone Co.Phone service 11 75 Apr.5 Greenlee,Richman,Derrico Profes'sion services 4,000 00,'-r Posa.Attornevs - Anr 5 II II II Reimbursed costs &expenses 206 10 n.nr :n W:n R Mr('o 1l11m 'l'ax ('011 1971 Road tax 55 86 Aor.26 E:ruitable Gas Co.Gas service 21 00 Apr.27 W.Penn Power Co.Electric service 13 76 Amount Forward 6,647 .28 COMMONWEALTH OF PENNSYLVANIA } _~~811:COUNTY OF Allegheny I,James H '1arrett.Tr.Officer W.Pa.Nat'L Bk.HEREBY CERTIFY,THAT.TO THE BEar OF MY KNOWLEDGE AND BeLIEF,THE FOREGOING IS A JUST AND TRU E BTATEMENT OF DEBTS,FUNERAL EXPENSES AND EXPENSES OF ADMINISTRATION SUBMlrTED TO THE ESTATE OF Alexander Allan McVicker INHERITANCE TAX PURPOSES.Western pennsylvania National Ban , ~BY_:_/'~(L.5.) AND SUBSCRI:lEDI!IEFORE ME THIS /-DAYOf'James H.Garrett,Trust Officer -~4.e:::.~!::::!::~::::::::::~~--o---18.U- tARY C'lLAIZZI.1oI0TARY pu'~'_'r; ,JmsBURGfJ PI:';H~r~Y cc.u:.i'f :v ;:..:-!ISSI!Ji~EXPllES APRIL 9.1::1 J 'n.'~r.PI'.."~ylv~riaM~I)t:im-ionofNot-. Form RC C·10 DEDUCTIONS ALLOWED IN.....~. o-,!.OFFICE OF TME STATEMENT OF DEBTS THE SUM OF ............$...................................................~REGISTER OF WILLS Washington AND DEDUCTIONS DATE APPROVED ........COUNTY ......................................................OF AND AGENT OF TME COMMONW&:ALTH Register of Will.,Agent ESTATE o~lexander Allan McVickerLATE OF Monongahela " oATS OF DEATH January 23,1971DATEOFFILINGAP~RA'SEMENT DATE NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCH~1ll Amount Forward 6,647 28 May 3 Register of wills One short certificate 2 00 May 5 Malcolm L.Moraan.Treas.1971 Personal Propertv Tax 9 21 May 10 Malcolm L.Moraan.Treas.1971 County Tax 97 47 May 21 Andre Bellicini,Jr.Mowing lawn 14 00 June 9 Andre Bellicini,Jr.Mowinq lawn 12 00 .T"n~2q An:'3re'Re11i,...ini .Tr Mow;na 1rlwn 1?nn I May 25 Equ:rtaole Gas Co.Gas servi(S:e 21 00 May 27 West Penn Power Company Electric service 14 14 June 14 Malcolm L.Morgan,Treas.1971 Real Es,ba'te Tax 52 64 June 14 Malcolm L.Morgan,Treas.1%deed transfer stamp 298 00 June 14 W.Pa.National Bank 6%real estate servo fee 1,788 00 July ©6 Monongahela City Water Final bill 16 49 July 30 Equitable Gas Co.Final bill 41 73 Aug.31 Bureau of vital Statistics One death certificate 2 00Aug.2 West Penn Power Co.Final bill 3 98 1972 Julv 14 ,Tosenh Hoffman Esauire Professinnrll services L1 ~nn nn " Julv 14 West.Pa.National Bank Executor's compensation 4.650 00 ~18,625 29 =======--- - COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Allegheny S8: James H.Garrett,Tr.Officer W.P.N.B.I,--..::::..=:.:..=..::........:.::.=--..:::.::..=...;;;;.;:,..::..;::....!...-=-.=....:::.........:=-=-=-=:...:....:.-......:..:...:..:=-..:...:..:...:~..:.--HEREBY CERTIFY,THAT.TO THE BE.T OF MY KNOWLEDGE AND BEUEF,TH!FOREGOING ISA JUST AND TRU E STATEMENT OF DEBTS,FUNERAL EXPENSES AND EXPENSDl 01" ADMINISTRATION SUBMITTED TO THE ESTATE OFA)exander Allan McVicker INHERITANCE TAX PURPOSES.Western Pennsyl nia National '8.nk,~ecutor BY:V ~(L.S.l DAY OP'mes H.Garrett,Trust Officer Notary Publl.c f,LRY COLAiZZi,iOfARY PUBUG PITTSBURGe.AllrGHEI\IY cour:TY •\..';~MISSJGlj c:XPd~:;(jPRIL 9,1973 h -.1~r.'Jr.,~sy!v;>ni<>~~snci;>tjnnofNot-r; RCC-81 (6-71) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ) BUREAU OF COUNTY COLLECTIONS HARRISBURG 17127 NOTICE OF FILING OF APPRAISEMENT WESTERN PENNSYLVANIA NATIONAL BANK (Executor ~) IN YOUR REPLY PLEASE REFER TO Inheritance Tax Division 38-146-4 J In Re:Estate of A.ALLAN McVICKER __W_AS_H_IN_G_T_ON County -File No.__6_3_-_7_0_-_6_1 _ You are hereby noti fied that the_~kB~....Jou'r4-Ljygholoi.....nu;;a~l'--_ apprais,~ment in the estate of A.ALLAN McVICKER has been fi led in the office of the Register of Wi lis of WASHINGTON County on July l3 ,19--.12,Said appraisement reflects the following valuations:. Rea I Estate ....29~,....8cwQ~Q~.'-"'Q....Q<--_ Persona I Property__6~2",~81;JJ8~3......&.1..&.1...---:------ T ransfers ~--- J 0 int Iy Owned __~______:=-=-:,---,=-=------- Tota I -----::9--=2::...",-=6:.....:8--=3:...;.:....::1:.....:1-'-----_ 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 nine (9)months (fifteen months when death occurred from December 22,1965 to June 16,1971,inclusive; and twe!v~'months when death occurred pri or to December 22,1965)from date of death, interest at the rate of six (6%)percent per annum is charged. Any party in interest who is aggrieved by an appraisement may appeal therefrom as provided by law. Date __---OoLJ-Uu.....]Jf.y~]~3+,~1.::3.9~7""'2__Signed _----""F""RE........D'-'TO.........S....I""-_ T itl e _---.:·AP=-==-P=-RAI::.=..::=S=E=.:R:........=Ic--_ DATE OF DEATH:January 23,1971 Note:This is not a bill. . " ~- ,. RCC-39 (5-66) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX. RESIDENT DECEDENT .·SlJMMARY ;J,.j~ f .~...'..."..~•. Estate ofMcVICKER (Last Name) A. (First Name) A. (Initial) e, .'.1 .. DATE OF DEATH-f-23_7]FILE NO.63-70-61 AISER Dated:__J...;:.u;:.;;I:..oYo.--;;I;..;;3,-",--=1;..;;9"-,7"-=2:-._ REPOf{TOF INHERITANCE TAX APPRAISER I,the undersigned duly appciinted irlherit~nce T~X Apprai~er in and for the County of WAsHINGTON Pennsylvania,do respectfully report that I have appraised tbe real and personal pr erty as reported in the foregoing return at the values set forth oppositeeacb item iitthe lasfcolumnto tbe righti c "A","B","C",and "E". 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 dedu"tions in the amounts claimed by deponent,except as to those items where a greater or lesser amount is set forth in the l!lSt column to the rigli~in Schedule "F",which greater or less~r amount represents the sum allowed as a deduction. .REGISTER OF WILLS VALUE AS REAPPRAISED $-------+-- 92,68311 ?Q Rnn 00 63.138 11 92,931.11 NONF. 92,938 11 VALUE As REPORTED $ 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 FOR USE OF REGISTER ONLY Tax on·$-+__2% Taxon $~ Tax on $.5% Tuoo$W% Tax on $15%. ~~ptioos * Total Estate 1-----.. TOTAL TAX COMPUTATION OF TAX $-....--..__...._--...---4....__ $...._--_....-_---4-_ $-"--..--..,.,.---+-- $-....---....----..----4....__ $-.,..----..~--+-~ , $--__L--__ (*)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 ::::::::;:E:::;::::::::' BALANCE OF INHERITANCE TAX DUE $_---..,..-.,.,.,__.....J~.Add interest at rate of 6%.from L_____to .$ AMOUNT OF ESTATE TAX ASSESSED $..,..__-----:...-1.L- Estate tax paid $_.---lL- BALANCE DUE $.~"":'-':-""'_--JL- Add interest at rate of 6%from E·----~-ttIO-----$-........-...---....., TOTAL TAX BAl"ANCE $---..._-'---1 PAID $__----.-'--.....-1 FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE:Where subsequent adjustments are made to the abo.ve computation of tax by ~he 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 A ..'ALLAN McVICKER Deceased f MONONGAHELA.Late 0 .. County of '- WASHINGTON ,.,...... " .' ", .J ~~)...-: 'v • r ,- ~;. 'r,.:.. ---. ~. L~' :.:~. .;... .. ;; !. ,. ii f'I L ,. i·: .....- .' :.: ~:. '\ :~~ Commonwealth of ~ennsylvania REPORT A,ND APPRAISAL ... ,- b r ....j .. '. " ~ j"~ .' :....:. ~.'. :- ..\,.-'. .' • . ." Ponn RCC-2 .·'DEPAP.TM~:T OF REVENUE...- BUREAU OF 'COUNTY COLLECTIONS HARRISBURG,PENNA.17127 COMMONWEALTH OF PENNSYLVANIA ~..,.. RESIDENT INHERITANCE TAX APPRAISEMENT DATE '!.~!.y +..~..L !~.7.?. COUNTY ~~~~.~g~~:. FILE NO §.~~.7.Q~.§..+.. Whereas,~~.!!~~~Mc.Y;J;.G.~R late of MQ~9.N.G.~.~~.. in the County of WASHIN.GTON Commonwealth of Pennsylvania,having died on the ?.~.4 day of .:r~~.~J.;y 19 7..~,seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore,I,~.~P.';!;'9~~,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 la...ful collateral rate on any such future interest. DescrIption of Asset REALTY: SEE COpy OF SCHEDULE A ATTACHED TO APPRAI SEL PERSON{,: SEE COpy OF SCHEDULE B ATTACHED TO APPRESEL i....... total Unit Values $ Appraisement Made for Inheritance I Tax Purposes 29,800 00 62.88"'11 92.68"'11 .- r .. .~.'t I P'l .' I ,.... I '.... . .. '. "........ ,,,l.. 'w' I-,.,. (Post O!llce) RESIDENT INHERITANCE TAX APPRAISEMENT ...........W~m:~9.':I:'9.~L County.........................f::-Il [:.....r.,-----4), '73 Sf?24 Ali ff I,D / .' Estate of A.ALLAN McVICKER Deceased. Late of MONONGAHELA Date of Death,1.~.2.3.~.71 .. Appraisemct!t Docket Vol...3.e .I •••••••.••....••..•••.••.•..•.••••••..••.• Page,:l:-.~.~.:'.~No.63-70-61 .Filed ill Register's Office,~yl.y .l..3.19...7.2. Amount of tax due,$.. DEPARTMENT OF REVENUE Received, Examined and Approved,:. Wrote.abo.ut Appra.isement, Appeal j,.om Appraiseme.ilt,.. Entered and.charged,..:.. RUS C'r:I 't,."."•..)l..1-L.Il-j,:~tl i r 0 REGISTER OF WILLS WASIUNCTOl;CO.•PA. .. i -,"--.-..==--..-,_............,.;~~.I__>~.=< i!'({ ( $/ I '1,019.14 II$ :/. !J i$ '$ ,I;' \$, $1,019.14 %Tax on $--0.'_ Estate Tax,Act of May 7,1927 6%Tax on $ON ACCOUNT 2%Tax on $_ 15%Tax on $_ 09/100-...------~----...-...-----...-1 dollars representing'Pennsylvania Inheritance or J BANK En.Estate Tax due from the following estate:Ii , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OFFICIAL RECEIPT.PENNSYLVANIA INHERITANCE'AND ESTATE TAX PITTSBURGH,PENNSYLVANIA 15230 RECEIVED ONE THOUSAND ONE HUNDRED FOUR and ATtn.JOSEPH L.HOFFMANN From:WESTlmN PENNSYLVANIA NATIONAL File No.63-70-61 Dote of Death 1...23-71"I Dote of Payment Sepi:ember10i 1973 I A.MILAN McVXCKER Name.of Decedent I Add FIFTH AVE.ATSMITHPIELDress I NO·C 40326 RCC·4 (8-68) /' r. I Less five percentum of tax if -paid within three months after dote of death ~us interest4~~§':90)~of__%from ~_ to Date $11 $94.95 H 1I LrOO~~:~'~@ffi1Jrn:,"S El'.L I TOTAL AMOUNT PAID $11 104.09 M NOTE:This Tri·~lica~·.~e~eipt ~~.l)~retained jor aUdit,~...a.8...146-4 1t·~;J.·L'.~:::....:~,",...."../':/y"~./'./.-".~.'.••"R . d b t,..·t-./...:..;,..J.t:-//?t/'/(A.-r"C0-•..J,.ecelve y ."\-...'iii! NOTE:In accepi,ng.the tran~fer inheritance t?lI'~n future estates,prior to the death of the life /J (Signature)....."' tenant or tenant for years,as.evidenced by this receipt,it is understood that the Commonwealth shall /"/,/.:1'~7/d'."'"/./"/:;~/~'/• not be precluded or preventedfram;hereafter assessing additional inheritance tax ot the death olthe.LeO,?-j~?-?:>_";//b/W'i:-..-e._II life tenant or tenant for years whenever it appears that such additional tax may be legally due and V . •(l;ifle) collectible for any reason whotsoever..~.. ..' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNA. ORPHANS'COURT DIVISION the certified mail s=nt to all the next of kin mentioned in the Petitiop-o HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN I would like to hand up for the Court's perusing,the receipts for 'appointment of a'guardian in the estate of A.Allan Mc Vicker. No.61 of 1970 ) ) ) ) ) ) ) This is the time the Court set for the hearing pn Mr.Wilson? Tuesday,February 24,1970,at 10:00 o'clock A.M.•EST. 1 ARTHUR WILSON.ESQ.,of Washington,Pa.j representing the Petitioner. THE HONORABLE P.VINCENT MARINO, Judge of the said Court. MR.WILSON: THE,COURT: BEFORE: TIME: _A PPEARA NCES: ESTATE OF IL ALLAN McVICKER, an alleged incompetent. IN RE: e·~ :s..<:>-....:-":!::!:tl....i5..., :!: in0(:= .,: 0;::..c: .~.I:..oil C 1:I :l., tII cit:IJ..t:1:1c..tIt:..I:::I1:1U .I<tiii:...0 e THE COURT:Mr.Wilson,was personal service made on th= alleged incompetent? MR.WILSON:Yes.I have here the Affidavit of Service signe d by the Constable,S.C.Solomon. 2 THE COURT:Is this alleged incompetent in the hospital? MR.WILSON:No.He was in the Wash.ington Hospital at the time that service was made on him.Now he's at the home of his son,David McVicker,in McKeesport.Here is the Acceptance Bank. call your witnesses,Mr.Wilson. DR.JOSEPH PATRICK HUGHES IS CALLED AND SWORN. DIRECT EXAMINATION "BY MR.WILSON:' The Affidavit of Service on the alleged incompetent I'd like to offer the testimony of Dr.Hughes of the proposed guardianship by the Western Pennsylvania National· of Monongahela Order of this Court,is received in evidence and made part of the sending of letters by certified mail to the various pa rties.You rna);' hav,i:ng,;Qomplied with statutory requirem ents and the Interlocutory .record.W€;:will·likewis e make part of the record the .proof of MR.WILSON: THE COURT: e :!:!:0(>..I:-Il.. :!:IIL i 1)to~ i:Q0(:= .:!!t:t-o £le·..«Ci Q :3, f.II IicUt-C0c..tI C t-Il::J0\.I ..I<liii:II.c· e IQ Dr.Hughes,would you state your full name for the Court please? .l\Joseph Patrick Hughes . Q And your address? A 509 West Main,Monongahela,Pa. Q Is that your office address? A That's right. Q A Q A e.Q A :s :!Q<l>...I;.-"l A:!: :!:~ L i Q0I-., :!:Ai:IIC~ ..=Q IJi2I-!:! Qe·....0(§A Q :J., t Q..to... Ii At:U.1-t:hQt: l-t:A:J00..0(Qiii:t.0 e A You are a medical doctor? Right. Admitted to practice in Pennsylvania? Yes. How long have you been a medical doctor;? Since 1934. And where do you primarily practice medicine? In Monongahela .. How long haveyou practiced in Monongahela.Pa.? Since 1934. Did you have any occasion to treat Mr.A.Allan McVicker.the alleged incompetent in this case? Yes. How long has he been a patient of yours? Actually.since 1959 or '60.around in that vicinity somewhere. Did you treat him periodically from this time up until the present? Yes •. ffaveyou noticed any behavioral changes in Mr.McVicker over the dourse of the time that you haveknown him and treated him? He's had several very serious illnesses and operations.And since hi's retirement the only changes that I would notice.particular Jy have occurred possibly within the last six months. 3 Q Could you enumerate what some of thes e are? A He was very forgetful and would misplace things.He wouldn't e,Q A:: ::!:<::>-~.:-n::!: ::!:1:1.. ::!: 0I-., ::!: in0(~ .,: IJ Qi:..Il Il Ae·oJ0(~.Il Q~"':l f A• IiI:II Q..C!at.uC! l-e:J0 Aa..<iiii::QI&.C! AeQ A Q A 4 remember;as.far as taking medicine or anything like that is conce~~ed~ he was quite good,but on other occasions he would forget and would have nothing to do with any of it.The last occasion that I had him in the hos pital was in October of 1969. Which hospital was he in at this time? Memorial,Monongahela.He was very confused all during his hospitalization as to time,pl ace,why he evvas there,why he couldn't.i go home ..And it ~as not due to the fact thaLhe .was receiving a lot of drugs.The mental condition which had progressed,what we tero as an arteri@sc];®:Ji:bHc con.dition of the brain. llies this cut down the circulation to the brain? Yes. What is the net feffect of this condition? Forgetful ness,loss of memory,disel'liehlation . Now when he :was in the Memorial Hos pital,you say he was confused I as to tim e and,place? Yes. Did he know where he was? At times. And other times he wouldn't? That's right. Did he understand the nature of his illness? Well,mainly he was in there for this chest condition he's had for years.Not for a mental condition of any kind. 5 Q The changes that you have enumerated on,Mr.McVicker.are theSE the normal results of aging? ! e. A Q p. I would say yes. And do you think--how long has he been this way in the sta~e of disorientation? I'd say approximately for the last six months that it's been getting " :!~..iI>Q;;: ;;: Ifa. 2' Cl-eziu: CI3: .,:ui2 ,.. Ul Q ..l0( § Q :J., :z:/::til ui 0:bI..0:0a..bI,.0:..Il:::J0U ..l0( Uii:I&.0 progressively worse. ~Doctor.I am going to ask you in your professional opinion whe ther you believe that Mr.McVicker in this condition you spelled out.is likely to bec'ome a victim of designing persons and unable to manag e his property and behave in such a manner so as to dissipate his ,estate? A Well.I haven't seen Mr.McVicker now since the middle of Decem ber. and I don't,know what the condition is.at the present time bYJit prior to that time I had had him seen by a Psychiatrist. Q Who was the psychiatrist? A Dr.Serri. Q Where does he practice? A In Charleroi. Q Did you receive a report from Dr.Serri? A Orally.I talked to him s ever-al times and his diagnosis was the arteriosclerotic thing would not get better but would progressively get worse.And the condition continued to go that way.The timel: that I did see him at his home or even if he came into the office.ir fact. 6 one time on one occasion he called me and I told him Iltlaclm<1:en®ut to the house.He called me quite frequently.But ten minutes later he walked in my office.He didn't even remember that he had calle ! or anything els e.That.I would say from abo lit October.on.that " e Q ~~,C:>,..I;::zsI.... .p ·5 A i!li!: E.n:( i= went on. And when he's having these moments where he's disoriented. do you think that he would have the ability to manage his financial affairs? I don It think that he wou ld because he was continuously losing things from what I was given to understand.And even I saw him 0 e·", Ji: n J .ICJ5::I., %5 Q II:::I3 Q .IC~....::l day in the bankj"Ylhe and his wife,and at that time he had lost some stock certificates;which were.sa:§i1~understand it.were just misplacedj.~but he had no idea where they were. Do you think there is any chance that Mr.Mc Vicker's condition would improve or is this a progressive type thing? I think it's progressive. That IS all the questions I have for Dr.Hugre s right now. EXAMINATION BY THE COURT: Q Dr.Hughes.Mr.McVicker is about 72 years of age.is that corrE t? A I think so. Q And at his age,and with his present condition.you feel that there 's very little hope for bette"rment there? ? e. Q Yes. A I don't think there's any hope for him.He's had a chronic chest condition for year,s which has added to all this.I mean it's g:>tten progressively worse that way. His chest condition wouldn't have anything to do with the arterios- clerosis.would it? 7 e· That's hard to say;it probably could because he's not in good physical condition.It could augment some of iLItI ~~Q1lldn't bring it on. But arteriosclerosis in itself is a progressing thing. Right. A nd at his age you wouldn't feel that there wodd be much chance of betterment there. 5 A I don't think so.And Dr.Serri's statement was very much the uiII:~oII.~Q ~~oU ..Iol:U Aii:IL'o Q same.I think he's been seen by another psychiatrist. And you feel definitely that he would be unable to look a~ter his pro perty and business affairs at this time? From what I have seen.yes. And if he is permitted to do so.wou ld it be likely that persons could take advantage of him? A I don't know Q Well.would he be able to protect hims elf in any business lnilaltter with the condition that he is in? A I don't think so. ,', 8 Q Well,woutGfi he be able to protect himself in any business matter with the condition that he is in? A I don't think so. Q Were you his regular doctor? questions for Dr.Hughes.I'd like to excuse him.He has to return A David Oliver McVicker. A Since about 1960. EXAMINATION BY MR.WILSON: Mr.A.Allar MeViCl • I'd like to ask Mr.David McVicker to offer It is perfectly all right. If the Court doesn't believe ithas any more McVicker? What is your relationship to the alleged incom petent, (Witness excused). to Monongahela. some tes timony. Q Your present address? lVIR.WILSON: DAVID McVICKER IS CALLED AND SWORN. Q MR.WILSON: Q Wou~d you state your name please? !Aq 2121 Neal Drive,McKeesport,Pa. THE COURT: Q I believe that IS all.Thank you. e. ~:0:<>..>•:0::0:•L ic·foC:2 i....;: ..:t:ito'"jje·..<ujj :::J., ~C\l ai0:....I-0:0II.III0: I-It::::.0u..<UiLII.0 e A I'm the g;'oungest sb:m.. Q Haveyou had occasion to visit with your father over the past sever A Yes,I have. Q Haveyou noticed any change in his behavior over the past several years? 9 e. A Yes,quire a little bit.His manner of doing things isn't anywhere normal for him.And he's quite forgetful. Q :!:!: 0(>~n:!: :!:AIIIL :!:0l-I!) ZXIll·~ ~i2I-ClQ .e·oJ0( :j ;5 Q;) " ~..... Ii I:~ I::>LII Ax !I: ::l:> ;) oJII:~ L..:> e Q A Q A Haveyou had any occasion to have any knowledge of how he handles his financial affairs? Yes.In June of this pastyyear,he came down to my house practic ly daily,wanting me to check his bank balance and make sure that he had the correct figures in;and this was extremely unusual for him because he had worked with figures his whole life and this was one .thing he was exceptionally good at.But he was confused daily on th t. Your father remarried recently.And do you recall any incident in relation to this marriage that might have cause d you to believe your father's behavior was becoming unusual? Ye s.He called me and told me that he had met this woman and that he was going to pubt what he had together with what she had and he seemed to be kind of lost as to just what he had in mind. But this was the way he expressed it to me. Whom did he tell you he was marrying? I A Mrs.Comol I believe was the way he expressed it. Did he know l'E r nam e at the time he told you? That I can't really be too sure of,whether he knew exactly who he had in mind or not.I don't really know about that. .---------r.r----------------------------------------------,-----------, 10 Q Does your father always recognize you? A No.There's times that he thinks I'm his brother.And there's times he thinks I'm a friend of the family.And there's times that he thinb s I'm one of the attendants I thInk at the hos pital. e.Q Has he ever called you by names other than your own? A Yes.He's called me by several different names,personal acquaintances :!z~that he has known.He's used any number of those. >-IIZ~Q Cou ld you give us a specific ins tance ? II. i~2 A Well,there's a Dr.Toothman who is a dentist in Monongahela ...,z i:~He at times thinks I'm his son. i!: e· G Q.~ III D ..I<Cij Q A J., ~N uiII: :!II:oII.IIIII: ~:J8 Q ..I OIl: U Aii:II.o Q Haveyou noticed any change in your father's mode of dressing over the past few years? Yes.He wears the same clothes,well,for days on end until they get to where ---this was prior to the time that he's living with me--- until they would be real dirty and you'd have to mention it to him ald even then he wouldn!=t want to change them. Is this unusual for your father? Yes.He's always dressed in my opinion,relatively neat.He's always WOrn a tie and a suit and shirt. Where is your father presently res iding? A At my home. Q In McKeesport? A Right. Q Does he know where he is? A I cbnlt really think he does understand where hels at.There's timE~ it seems he has an idea of mere's he's at,but I don't really think he fully understands where he is. Q ~at caused you to believe that he doesn't know where he is? 11 e. szc(>oJ>-Dl Z Z IIIDo i()..e2iIII c( ~ ..: ~2a:I-!!!Qe·... c( U Q ::l.., :z:I:til ui,a: IIII-.a:0II.IIIa: I-a:::l0U...c( U ii:II.0 e A Well,bi.ke when he gets ready to go to bed at night,he seems to ha~le the impression that he's taking some kind of medical treatm ent and he will say,"How long do I have to take this,I'Or "How much of th - do I ha ve to go through?"And he acts as though lj.e's getting read to get some kind of medication. Q Could you explain to the Court why your father is not here with you. today?, A Well,he's not feeling too good and he's confused.He doesn't just-- it1s one of those things,I guess. Q I think that's all the questions I have of Mr.MQ·Vicker. EXAMINATION BY THE COURT: Q Mr.McVicker,if your fa1hler were here today,would he be able to answer questions intelligently? A No,sir. (At the direction of the Court,off-the-rec ord discussion was not recorded by the stenographer).I Continued Examination by Mr.Wilson: Q OpuJduyou give the Court some idea of the nature of the assets that your father has or had within the last,say,six to eight months? 12 A e.Q A :::!<:Q>"":-0:!A:!.... i.Q0to":! i A•<:~ ..=Q0~I-0 c Ae·""~§c Q :l.." :J:t:A101 c5t:IJl-t:I)LIl Qt: l-I::l AI) CI "<.6 Qt:...0 A e Q A Q A Well,he's got a horne that would be approximately $25~000. Where is it located? Monongahela. Could you give us the addres s ? ·114 Crestview Manor,Monongahala. How long has he owned this horne? lhey built that new,I believe,some time in 1956. Do you know if he owns it free and clear of liens? Yes.It was mortgaged free. Do you know of any bank accounts that your father has? Yes.He has a bank account at Monongahela Office of Western. Pennsylvani3a National Bank. Is-it a savings or checking acoouh,t,do you know? A checking account. Do you know the approximate amount? , The balance on that was,the last I knew,$6400.00. Does he have any other assets on deposit-at the W.P.N.B.Bank?I Yes.He has a $10,000 bank bond that I know of. Does your father own any stocks,bonds or debentures that you kno'w of? Yes.He had stocks with---do you want me to name the companies r 13 ~If you know them you can name them. A Mercek,I believe it is;he had Hammond Organ;he had Buquesne Light;he had Kannametal;and I believe that he had either G.C. Murphy or W.T.Grant.Now I'm not too sure on that,which of There was,as near as I can estimate---do you want the approximate In my opinion the last I knew was it would be approximately $30,000. month.I'm almost sure that he had in his safe deposit box somewhere ; I was going to ask you if you were familiar enough to give the Cour: r He had an automobile in there too if you want that.I don't know. in the neighborhood of $5,000.00 in cash.He kept this for the Well,he had income from an insurance company of about $79.00 Do you have any questions for him? Is that it? What type of automobile was it? an approximate value. those or maybe n~ither one.But I Believe that he had that. value? 1966 Chrysler,I believe it is . a month.He's got a pension,from Pittsburgh Steel of $350.00 a Is that the extent of his estate as far as you know? e. Q ::!::!: C A>oJl-n.. :!:tIL i0 Ql-.., Zx'nc:= .::A0 t=toD e·D Q.:I0( jj iiA~~ f QII Qc:: 1:1 A..II:0r..II Qc:..c::D 0 A0 .I<Cit:t.'0 e reason that he had lived through the Depression and saw the banks fail and he.felt that if he had casbh on hand that he was safe..yolJcu know,and this was the big reason he kept tha t there. e. ~.. <>oJ:-1'1zZlJL Z 0t-tl% ii~~ ~c; £:..lJ ae·...'<ti Ci:J"I ~1'1 ailI:..l-ll:0a.IIIII: '"'II;:_1 c"l <3 t:iii..c - Q That's the extent of his estate as far as you know? A As near,as I know,yes.There would be other miscellaneous things that would enter,but they would be trivial things. EXAMlNATION BY THE COURT: Q Mr.McVicker,was your father previously married? A Yes.This would have been his'third marrigg€. Q What happened to his first marriage? A That was my mother.She died in 1981. Q And his second marriage? A She died,I'm not too sure of that year.That would be '67,I lwould imagine.Somewhere in that neighborhood. Q Did he have any children by his second marriage? A No,sir. Q And his present marriage is his third marriage,? A Right. Q A nd is that to Hilda McVicker? A Right. Q ,And does she live at 114 Crestvie'w Manor in Monongahela? A This I don't know.The last knowledge I had of her was when the hospital contacted me and said that Dad was due to be discharged a,d that she had not been to the ho~pital and couldn't be contacted.And wou:l!<di(]come to the hospital and take him out. 14 Q Was your father living with her in Monongahela before he went into the hos pital? A On the Saturday previoo s to the day he went to the hospita1,the dates II d have to check to give them to you,but the Saturday 15 e. ~..:( >..I:-D....UL..0I-~.. ii0(:= t=QD'~ 't-o.ae·..0( 0 a A :J., f.QCI Iic AIdIl-e:0t.IdII: l-I::J00...<~ii:...0 e previous to the date that he went into the hospital,her attorney called me and told me thatshe was going to leave dad,and wOuld I come or did I want to come and take care of him.And I said yes, that I w OJ ld.A nd that night,about an hour and a half after I had talked to her attorney,I went up and went to the home and she took: the car and left with her personal belongings.in it. You say you went to the home.Is that the hom e that your father was living in? And was that in Monongahela? Yes,sir.Then I stayed with Dad that night at his home.And the next day,Sunday,I had to get up about 5:30 in the morning so I didn't see how I could stay there with him and take care of my job So I took him down to my house and he stayed at 'my hous e'that nigh And then the following day,which wo uld have,been a Monday, after I got what work I had to was necessary out of the way,I came home and got Dad and took him up to his attorney's office and discussed the situation with his attorney.And then we went up to my dad's home.I wanted to get him some clean clothes.And this woman was at the house arid she inferred that she had came 16 back and then from there he went into the hospital. Q Then after his.discharge from the hospital he went to your place again? Right. How many children were there born to Mr.McVicker by his first wife? Three. And who are they? Allan Robert McVicker,Lloyd Alexarrfder.('Mc ~:Ticker and David IDlliiver McVicker. Do I understand that Lloyd A.Mc Vicker---do I understand correct y that Lloyd A.McVicker is living in Mountainview,California? Yes,sir. And you are living in McKeesport? Yes,sir. And Allan R.McVicker,Jr.is deceased? That wouldn't be Junior.That would be-- Allan R.McVicker is deceased. Yes. And his son,Allan R.McVicker,Jr.lives in Monongahela. Right. Those are all the children? Yes,sir. of the'Armed Services Wastyour father ever a member/of the Vnited States of America?, -----1t------------------------~---! 17 A No.sir. Q Has there ever been any other proceeding in Court to determine th competency of your father.Mr.McVicker? A No.sir.••Q How long has your father been with you now after he was discharge? from the hospital? Let's see.I think he got out of the hospital sometime around Janua ~y 30th.I'm not sure of that date.I'd have to check.but it was towad::ls ~li:~rt A II:2 Z.. III :i~\!l the end of January.zi:OJ~Q •Do you propose to keep on"having him at your home? t~A (II ii .I QceUii;) "l ~ III A ai0:III.~QoII.III 0: I-0:;)o U A...ceU~Qo A Yes.sir. Haveyou made any financial arrangements with him with respedt . to expenses and whatnot? No.sir. It is proposed tohave a bank named as guardian of his estate.Do you have any objection to that? No.sir. Do you know whether any other of theinterested parties have any objection to having a bank named as guardian? I discussed this situation with my brbther~and with my other brot errs wife and all the people who are cQncerme:cl.:land explained the situati n. They are all in accordance with it,to my knowledge. Q And would there be any objection"to having the Western Pennsylva a National Bank named as guardian? ,--------------.-...---------- 18 A No,sir. Q That's all the questions the Court has. MR.WILSON: Mary Snyder. I'd like to offer v.ery brief testimony of Mrs. i , ~~!ir, : ,, MRS.MARY SNYDER IS CALLED ~D SWORN. EXA MINATION BY MR.WILSON: Q A A Would you state your name and address please? Mary McVicker Snyder.567 McKean Avenue.Dcn(!)I'a';'l.Fa. What relation are youto the alleged incompetent.Mr.A.Allan McVicker? Sis ter. Q Within the last year or so.have you had any contact with your brot p.er? A Quite often. Q And !lave you noticed any failure in his mental capacity over this period of time ? A Yes. Q And could you recall any specific instance jin which his mental capacity appeared to you to be less than normal? A Well.like when he called me up to tell.me he was going to get married and I was so surprised and I asked him who she was and he said he didn't know her name.He went and got a paper and reac the name to me and he spelled it because I couldn't understand him 19 and he was spelling it wrong.He was spelling it TIL D A. Q Tilda? A Yes. Q ,In other words,the conversation you had with him on the telephone,: 1 he couldn'gg~you the name of his proposed wife right off? Yes. He had to read it from a paper? That's right.'." 1 Whe.n he attempted to read it to you,he spelled her name as Tilda? .Yes. I asked your nephew earlier,did you notice any change in your brother's mode of clothing over the last couple of years? Yes,very much so.He WOre very ragged clothes,very ragged,which wasn't necessary. EXAMINATION BY THE COURT: and told you of his contemplated marriage? IictI~Qot.tI II:A~II::Jo U Q..<liii:II.o Q A Q A 'iI'gis was not his n(f)~mal mode of dress ? That's right. That's all I have,Your Honor. Mrs.Snyder,when was it that your brother got in touch with you I That was August,last year.He was married on the 13th of September. That is September,'69? That's right. -------1.-"....--Where was he marr1ed?'---------------------t--- A In the Presbyterian Church at Monongahela. Q Do you know some of the persons that attended at his marriage? A Well,I think I knew a sister-in-law that was there,a sister of his first wife.She was there,but I don't know who else. 20 e,Q A:!:! 4:>Q...~:!~.. i 0 A.."....Ii4:Q:= .=0i!toD D Ae·.:I4:i3ii Q::l"l I: ""AIII IiII:l1li Q..II:0Ll1liII:A..II:::l0 QoJ...4:ij i:...) •AeQ You weren't there? No,sir. Was he married by the preacher of the regular church that he has been attending? Yes,sir.. Did you have occasion to meet his wife at any time afte.r they were married? No,sir. Do you know where they lived after they were married? Yes. Where? In his home in Cresview Manor. Do you know whether any of his children or his grandsbillc2lJt:erided at the ceremony at the marriage ceremony? That I am not real sure of . Has his grandson,Allan R.McVicker,Jr.been in touch with you at any time since the marriage? A Not directly.His mother and he ---I have been to their place and we have been,you know,very friendly arid all.But I mean the boy himself wouldn't come to me for anything. 21 About what age is Mr.McVicker,Jr.? I think he's about 15. How about his mother?Has she been in touch with you? Yes,quite often. And did she make known to you whether or not she was at the marriage ceremony? No,sir,she never told me... You don't know whether she was or not? That's right,I don't know. So you have never met Mrs.McVicker,·that is Mrs.Hilda McVic r, his present wif e? I met her before they were married just for about a few minutes. I had talked to her,that was the only time that I have seen her or met her Or talked to her at all. How long before they married? I'd say two weeks. Is she a resident or was she a resident of Monongahela before her marriage ? No,sir. Where was she from? :Belle Vernon. DOjDu know what her occupation was? I don't know that she done anything.I think she was a housewife as far as I know. •I Q Was she a widow? A q Yes. Q Do you know whether she lws children of her own? A They tell me she has one son,but live never met him . 22 Q And would you venture a guess at her age? A Well,she told it that she was 55. ~Q But after she went to housekeeping with Mr.McVicker,if she -did, >-Q:;:~you haven't seen her? Co :;:g A No.o:;: i~Q I think that's all the questions I have. :;: (Proceedings Closed). Snyder.I have no further.testimony to offer at this time. .\. t itI-!!:c ~~C::l., :z:/:.N MR.WILSON:I don't have any further questions of Mrs. cause,and that this copy is a correct transcript of the same. I hereby certify that the proceedings and eV.idenc,e are containeduiII:IIIl-ll:~fully and accurately in the notes taken by me on the hearing of the above IIrIt' I-a::::JoU ..Icl:Uii:II.o The foregoing record of the proceedings upon the hearing of the above cause is hereby approvEd:iand directed to be filed. I'''''rthe or " ,.:..' .,:' fie'z,C.' ~. ,.",,~to ..,.,,,~,u ., :-", 'I. ",.iJ~,\ ',i .....~'~...:',,,"~~...•~(~;.,.·=r$-;"~l1';;j;.j'~_:,l'~:;~,l;' ".'~'..-J .i-: .)',":; ,.(••..;'.:4 , " .' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANI1-\ ORPHANS'COURT DIVISION date for the rule to show cause why David O.McVicker McVicker,an incompetent.In accordance with your Pre- lioinary Order signed,I have served annext of kin by No.61 of 1970 ) ) ) ) ) ) ) This is the date set for the return THK~HONORABLE P.VINCENT MARINO,Judge of the said -Court. Friday,December 18,1970,at 1:30 o~clock P.M. ARTHUR WILSON,ESQ.,of Washington,Pa., repre senting the Petitioner. HEARING ON PETITION FOR THE APPO INTMENT OF A GUARDIAN OF THE PERSON should not be appointed guardian of the person of A.Ztl1E.u,', TIME: BEFORE: IN BE: A.ALLAN McVICKER, an incompetent. ESTATE OF ~01 aiII:r:!MR.WILSON:II:oII.III II: ~::loU..OIl:(;to ti APPEARAKCES: Eii::uc::l"l " I:• I "..e ; Registered Mail with a copy of the Petition and the Preliminary Decree and have also had Mr.M~Vicker,the incompetent,served personally.I would like to hand up the return receipts for the certified mail and the Affida~it of Service for the personal service on Mr.McVicker. Both the proposed guardian and the incompetent are prese]t -----------~---------------------------- in Court today. THE COUR.T:We will order the Affidavit of Service 2 filed and made part of the record as well as the other indications of service.And you may call your witnesses. MR.WILSON:I'd like to call David O.McVicker. DAVID O.McVICKER IS CALLED AND SWORN. EXAMINATION BY MR.WILSOK: QWould you stateyour full name for the record please? A David Oliver McVicker. Q Your p~esent address? A 2121 Neal Drive,McKeesport. Q Allegheny County? A Right. and Servicing Organizations. Q Where does your father presently reside? "A With me. Q At McKeesport? A Yes. Q And how long has he been there? A Almost 11 months now. Q Is there anyone residing with youother than your father and your wife? 3 gencumbersyouwithcertainresponsibilitiesasfaras a divorce action? care of your fatheris personal needs and as far as handlo some of his business affaillrs? A I wasn't aware of that but it's immaterial as far as I'm concerned.That part,I've been taking care of him right ciLong so I guess I'll just do the same I've done. A Advice of the attorney,which in this case would be your self. Q Do you think it would be in the best interests of your father to have a guardian of his person appointed? A From all the understanding I have,I guess it's a necessi Q Do you realize that serving as guardian of the person A Proposed divorce,I guess. Q Filed by whom? A Filed by his wife,Hilda Como McVicker. Q What indication have you had that she is filing or has fi ed A Stepson,yes • . Q What prompted you to file a Petition with this Court to h w yourself appointed as guardian of the person of your fath~r? A Well,as near as I could state it,I guess it would be to' take action in a proceeding that is going to develop. Q Could you explain to the Court what proceeding this is? ·'e ~z:(, 0>-I.. II ?Z Z ,II:1. i:>I-;,z iIIIoc(~ .:uii: ~I-!!!ce.Joc(~C:J"")xt.1\I iiia:III...a:0II.IIIIll:..a:':J0U...<Uii:...0 e Q In other words,you are willing to accept these responsi- bilitii!se? A Yes. Q I think that's all the questions I have. EXAMINATION BY THE COURT: Q Mr.McVicker,is this your father's second marriage that is involved? 4 A QeA <:(Q i«:>A.:-1...01) :!:...;.. .;;; ~ ":!::i:Q'4l.~ ~ 0-=A,) i IJ .. I !!IJe,J Q0( ij ii:l., I:..... Ii AI:~..I:QI) L~I:..AI:<:l I) IJ ,J 0( jj ii:Qto0 Ae .Third. So that the present Mrs.M~~icker is not your mother? No. Your father hasn't been served with any papers as yet? Yes,he has.As.far as this particular incident is con- cerned? No.I mean as far as the divorce action is concerned. No. All you know about that is that there is a contemplated action by reason of taJtking with your attorney. Yes.That would be the best way to explaindit,I guess. How long did you say your father had been living with you. It's almost exactly 11 months.He came to live with me January 27,1970. And where had he been living up to that time? Well,whenever I took him to my home he was in the ward, I believe it would be over here in Washington Hospital. And Dr.Benton who was his doctor advised me that they had tried to contact his wife and that she either wasn't available or wasn't willing to take him home,you know~ So I went and got him at the hospital and took him to my home. Q Well,where had he and his wife been living prior'to his going to the hospital? A In his home. Q And wher~would that be? A 114 Crestview Manor,Monongahela. Q Mr.McVicker,are you married? A Yes. Q And do you have a family? A Well,my wife has a son;it would be a stepson. Q One son? A Right. Q Is he living at rome? A Yes. Q.What is his age? A 17 and a half. Q You propose to go on taking care of your father the way you have been for the past ten or 11 months? A Yes. Q And of course,if you are appointed guardian of the perso of this individual,you will do whatever is required in the way of defending actions against him in accordance with the advice of your attorney. A Right. Q The Court has no further questions. 5 MR.WILSON:If the Court please,I would just like to add one comment.The contemplated divorce action nentioned in the Petition has been filed.It's filed 6 approximately Tuesday or Wednesday of last week.And I've been informed of such by Mr.Keith Melenyzer,Attorney fo~ Mrs."McVicker. THE COURT:So that in all probability,no service I hereby certify that the proceedings and eviden.ce are contained fully and accurately in the no tes taken by me on the hearing of the above (At the direction of the Court,off~the-record discussion was not recorded by the stenographer). J. I don't think we will need any other Not that we are aware. The foregoing record of the proc e ings u pq,n the hearing of the (Proceedings Closed). testimony.It is apparent to the Court that roguardian of the person should be appointed and we will act-accordilgly • of the Complaint has yet been made. THE COURT: MR.WILSON: cause,and that this copy is a correct transcript of the same. above caus e is hereby approved and t e .~...<>oJ>-.. ~. II''a' 2" C·toC 2 :iIt..3: .,:u,itI-UlI Qe.I$~ D:J., :I:~til iiiIl:IIIl-ll:0II.IIIIl: l-ll::J0U "'0( Uii:II.0 e .'.:~.\.;#.... .')it ...:';',",.~"; .•,.;.r '\"j,'.:."" '...';1.•.l'"':~".~~. .......\ '. , ~d""'-• t.,_~' f·.-. .-" ~£":~'£-~ --.Jr-..J •J . ". I :.~-:: ".),...•,:lJ ,-e>8'":~(.n".?",,.~.:l"·..}, ,....r .•1 '11 ..."......""..'-'.-. \~, '.....J .... ..'r .., ·,-,",l'--I, .......'...::i " '.';.,. ~-'. ". 'I ,C:":.';~~;'Y'..y .'r>,1 :";.,.(,..,'.J.'. .j '.~~j;~&&_~ \" \ l IN ':'HE COURT OF COMMON PLEAS OF WASHINGT ON COUNTY,PENNA ORPHANS'COURT DIVISION HEARING ON PETITION FOR A PPROVAL OF PROPERTY SETTLEMENT,COUNSEL FEES AND EXPENSES IN RE: ESTATE OF A.ALLAN McVICKER, ~an incompetent. 0:>....>-III;;:;;:..Q. ) ) ) ) ) ) ) No.61 of 1970 BEFORE: APPEARANCES: TI:ME: THE HONORABLE P.VINCENT MARINO, Judge of the said Court. PA UL A.SIMMONS,ESQ.,of Monongahela, Pa.,representing U7,1oyd McVicker and David McVicker. PATRICK C.DERRICO and ARTHUR A.\VIL ON, ESQS.,of Washington,Pa.,representing Greenlee,Richman,Derrico &Posa. .Wednesday,March 10,1971,at 1:30 o'clock P.M. 2 MR.SIMMONS:At this time lid like to enter my appearance on the record briefly I think.I am representing Mr.David MCVicke1 and his brother,Lloyd McVicker. THE COURT:Mr.Wilson,you have the papers in this matter. It seerrs tl:lat they canlt locate the Petition. MR.WILSON:The original Petition for Property Settlement? THE COURT:Yes. MR.WILSON:Yes,I have it here. THE COURT:Gentlemen,the Court is ready to hear testimony in this matter. Your Honor,we'd like to make a preliminar statement so it might be helpful.As we understood from the letter t t was sent to Mr.McVicker,summarizing the services rendered. this case were to be billed at the rate of $30.00 an hour for Mr.Wil was written to Mr.Lloyd McVicker February 4,1961,the fees in MR.SIMMONS: <.'..and $35.00 an hour for Mr.Greenlee and Mr.Derrico.And a letter there was no hourly base setforth.In other words,I think if we had a setting forth of the bours that were actually rendered here for the various things that were done,we have no objection at all of the fee. There was a letter sent ~.yhich summarizes services,but i.,t did not summarize the hours rendered.As I understand it,the billing was to be made on the basis of hours served. THE COURT:Mr.Wilson,are you able and willing to rend r such an accounting now? MR."VILSON:I believe I am,Your Honor.I am somewhat c 3 a loss to understand what I interpret to be an objection from David McVicker and from Lloyd McVicker,which Mr.Simmons says he represents both of them.If Your Honor will recall,this case has a long history.Without going into it,when I came to you with the last official business on it,it was a Petition for the approval of a property settlem ent and counsel fees and expenses.At that time I had the petition signed by a representative of Western Pennsylvania National Bank,who was the guardian of the estat e and also signed by David McVicker,who is present here today.And the fees were set forth in that Petition and Mr.David McVicker signed the Petition asktirig that it be approved.At no time did he question the fee then. If Your Honor will recall,the hearing was set to have the fee approved on,I believe a day in January.As it tu rned out,the inCOmpetent,Mr.A.Allan McVicker,died and his funeral was scheduled for that particular day.David McVicker and Ll~~cll McVicl er came to my office on that day and informed me that their father had died and they res pectfully asked that I postpone the hearing date on the fee.At that time I had.conversation with Lloyd;David,at that time,said there was no objection.Lloyd said he wanted me to send him SOme outline of what I had done.He said he thought that would .be a good business practice.I said fine.I said I will send it to you. and if you have any objection please let me know.I sent it to him ce rtified mail,return receipt requested,got the receipt back with ---------jll---------------------------------~---I 4 no objection.So at this point I am at a ~q.ss to understand what has precipitated what appears to be objections.:And I am willing to open my file up to these people,but I have done it on a couple of occasions and I don't know the necessity of it again.I have nothing in my file the letter he sent there's no itemization of the hours worked,That's vices rendered he did not itemize it on an hourly bas is and that's to hide.But David was aware of the fee at the time he signed the had no objection if I would send him a statement,which I sent him. May I respond very briefly,Your Honor? National Bank to charge an hourly rate,rather than to handle the case what he agreed to work,on the basis of hourly work. agreement with Western Pennsylvania National Bank.If you look at all we're asking for,just an itemization in accordance with his Western Pennsylvania Bank.Now when he sent his summary of ser-! " Petition.Lloyd was aware of the fee,stated to me in person that he on a contingency basis."This is what his agreement was with the says,I~When taking the case,I agr~ed with Western PLnnsylvania It says in the second paragraph of his let~er to Llowct McVicker,it 'Now where these objections are coming from now,I don't know . SIMMONS: ·e -:..-:>..>-t.I....tIt. :;:MR.'0..\.I:;: i110«'3: I-LiiiI-tI CeG [ C J~\'I ,iaIIl-IIc·•IIII'....II"::-c·L' c[. ii.II.c- MR.WILSON:Your Honor,I stated Lloi)fd McVicker did not tell me he wanted it broken down on an hourly basis.This case has probably----when we work on a case we keep time at our office as best we can.And this case probably has in the neighborhood of eight to ten time sheets.For me to send a 'letter to LloWd McVicker with eight or ten time sheets itemized on it,it would be asking more than he wanted at the tim e.Lloyd McVicker told me just to let him I know what had happened.He was in California the whole time during! the proceedings.And he would get correspondence on it as requested by the Court,but he didn't have personal knowledge of really what had been done,what ha~been accomplished.That was my understanCing with Lloyd McVicker.I told hirr'the status of the case when it caIT'e to me,the basis on whi.c'h we charged,the status of the case as it was at the time of the letter.And he has never to this date made any objection that I know of. 5 MR.SIMMONS:Your Honor,if it may please the Court,as r.Hsay,if he has his tim e sheets here and he can produce his tim e sh ts, we have no obj eetion.I th1bI'1R~we are just wasting time.All he has to do if he did this on an hourly basis,show us.We have no objection to the amount of the fee,Your Honor.We think $30.00 is a reasona le fee for the services rendered.But I do think for the fees,these folk have a right to know how many hou rs you worked.}if you're charging them on an hourly basis.That's all we're asking. MR.WILSON:I agree with you,Mr.Simmons,but I think it probably could have been handled in a more tactful manner if sOm - body had made a private inquiry rather than appearing in Court toda and filing objections to the fee.I realize you have a case to represe No one has questioned the fee anywhere along the line,and the fee was based on hours and result achieved,as set forth with the bank, 11 with David and Lloyd.And I will let the record stand for itself.I havF= time sheets here. 6 MB.SIMMONS:How many hours did you put in?That's all we want to know.The hours you put in,multiplied by 30,an~of your partner by 35.We're not saying you didn't put the time:in. MR.WILSON:I should have the original times in here. Here is the original time sheets in this case.Andc I am glad to give these to the Cou rt for their perusal. THE COURT:Mr.Wilson,I think that you should make your time sheets available to counsel,Mr.Simmons,for his perusal and the perusal of his client if necessary. M3.WILSON:All right.Your Honor,on that sheet could you tell me the last date on the time as marked?It would probably be on the front sheet. THE COURT: December 28. MR.WILSON: T3ECOURT: MR.SIMMONS: The last date on the front sheet appears to bE December 28,'70? I would imagine so. I don't want to go through all theS:i~c,but do you have a total,a tape or something? MR.WILSON:I don't know whether I have a total tape here or not,Paul.I'll check. MR.SIMMONS: thing if you want to. We could put it on an adding wachine or sOm - ME.WILSON:No,that's all right.My total,Mr.Simmons, 7 is in the reighborhood---now this is not to be taken as the Gospel truth---there is time that has'not been marked in the file---approxir ately 120.6 hours. MR.SIMMONS: 30 ? MR.WILSON: Do you know how much is 35 and how much iE No,I don't.That would have to appear as to whether or not which individual worked on that particular aspect of the case.There are numerous conferences on this case and--- MR.SIMMONS: $30.00 an hour. l\1R.WILSON: You I re talking about roughly $3600.00 at Ifyou take that at straight $30.00.Some of this should be billed at 35 and I believe under our minimum fee bill and in wy letter to Llo~d McVicker,I also pointed out to them that the case was billed in accordance with the Washington County Bar Association1s minimum fee,which calls for an hourly rate and result achieved.Am I not correct in that? MR.SIMMONS: MR.WILSON: l\CR.SIMMONS: You said you arranged here--- I mean in:the letter to LIOly-a Mc Vicker. This is what yousaid.that you agreed with the people at the bank to charge an hou rly rate,rather than to hand] the case on a contingency fee basis. MR.WILSON: MR.SIMMONS: Right.Not a contingency service. So the result has nothing to do with it.If 8 you're going to go on a straight hourly basis. MR.WILSON:I don't believe that's my representation. MR.SIMMONS:That's what it says here,"I agree with Western Pennsylvania National Bank to charge an hourly rate rather them. whOm I had contact,she is now retired,Mrs.Theresa Lelak,and in at $35.00 an hour.allow la certain number ofhours for the extra the man that took her position is Mr.J.E.Freedline.AndanY,mis The u.nderstanding,and this certainly can be Okay.So assuming that sOme of the time is That's what it came out at $30.00 an hour. unde'rstanding as to the basis of the charge can be cleared up with on an hourly rate and result achieved.The two trust officers with on the straight hourly rate you said it came out to $3600.00? Your Honor,perhaps we coulde:xpedlite this.Paul,did you Se y than to handle the cas e on the continger:-cyfee basis.'I All they want to know is the hours wQrk~d;/'that's all. obtained by anybody that wants it from one of two people at Western Pennsylvania National Bank,was that this cas e would be billed five,we I re probably talking about a difference on your straight hour~ :vIR.WILSON: MR.WILSON: r/rR.SIMMONS: e ~~':( >oJ.. ;IIzZIIIII. i '0I-elZ :r:UI 0( ~ ..:uii:l-UI Ce..J~ U C :J., XI-"(1/ viII:IIII-0:0II.III0: I-0::J0U ..J0( i3ii:I&.0 e that you're cOI)'1ing up with and the bill that I submitted of somewhere in the neighborhood of six or seven hundred dollars.Since the initia fee was $4500.00 as set forth in the Petition.And you being a practi(ing attorney and I am sure the Judge knows--- ,', II:ii' ,MR.SIMMONS: ,", MR.WILSON: We have no objection to the fee. To mark time on every phone call,every I . 9 conference out of the office,etc.,is practically impossible.You' end up spending half.the day doing that.And I do not purport'to have every minute of time in that file.And I doubt if any attorney does. And so we I re talking about a six or seven hundred dollar spread.I think that explanation wou.ld stand. MR.SIMMONS: MR.WILSON: I don't understsnd what you mean. I'm saying that I would suppose and I know fo:' a fact that not all of my phone calls wi-theDavid McVicker and his wife, which were probably at the rate of four a week;---- MR.SIMMONS:What is this? (Inaudible conversation between Mr.Wilson and Mr.Simmons at counsel table). MR.WILSON: to see him on a case. MR.SIMMONS: David moved close to'Emerson and we had gcpe In other words,you added this up and came t I) 120 hours.Is that right? MR.WILSON:My total on my tape with the hours that I haVE in the thing is around 120.6. MR.SIMMONS: MR.WILSON: As I understand it,did you get also $900.00? No,there's an original bill of $750.00 plus costs after the---I forget how long we had been along on the case. MR.SIMMONS:Is that included in here? MR.WILSON: on the case. MR.SIMMONS: 10 No,it is not.That was the only payment rec ived What about---was that any of these things like the Complaint and Annulment,the bill to strike Bill of Particulars? That was included in the $900.00 you received. MR.WILSON:I think in,itially,after the action was filed, I believe the first bill went out.' MR.SIMMONS:According toyour time sheets here you have all the annulment business as part of this time. MR.WILSON:No.The time sheets you will notice there's a point marked on there where SOme of it was billed. .MR.SIMMONS:On the portions of the 3-70 to 5-5-70 you ha\e 18.9 hours.You figure that at $30.00 an hour,that would be $540.00 You got 900 buckss out of that. MR.WILSON: MR.SIMMONS: Pardon? On this first,this area you say you bille d to date,you worked 18 hours and they paid you $900.00. MR.WILSON: MR.SIMMONS: ~orked,wouldn't it? MR.WILSON: No,they paid me $750.00. That would be $200.00 more than wha t you I don't know,Mr.Simmons.I'll let the records s peak for themselves.I would like to state for the record that I have no hard feelings about this case,,but being young counsel I have certainly learned a lesson that if and when I ever handle another case for an incompetent or guardian I am going to have a 11 personal surety such as pavid McVicker should have been in this case and which he offered to be. MR.SIMMONS:Your Honor,it seems to me the way I figure it out,if it's based on Mr.Wilson's letter,that he himself wrote to Mr.MvVicker,how he was going to charge by the hour,assurr-i.ng there's a total of 120.6 h?u r~that he worked'after the firs t billing, and 18.9 hours that he worked !-l.p to the first billing,it COm es to a total of 139 1/2 hours at $30.00 an hour.That COmes to $4,185.00. -And to date he's received $750.00 and he's billed for $4500.00, which would mean that there would be $1'.0.65.00 difference,which he'd have to account for for the extra $5.00 an hour that Mr.Derric(~ or Mr.Richman or SOme other mem bers of the firm put in.Assu ing that they put in,say,40 additional hours at $5.00 an hour;add anoth r $200.00 to it,it would seem to me that a fair fee in this case,assu .ing all the hours to be correct,which we don't doubt, or in round figures around $4400.00,less $750.00 that he already received,which would be a total of $3650.00. MR.WILSON:Your H:>nor,I would like just at this point to reiterate my earlier comment,that these time records,as you well know,and as any attorney knows,,are kept as closely as possib E. I have had numerous,numerous phone calls firom David McVicker and his wife and from Western Pennsylvania National Bank and from counsel for lVrs.McVicker,which it's im PCB sible to record every phone call.And these were not one minute and two minute phone cal s. 12 When Mr.McVicker got on the line you were on for a good 15 or 20 minutes.If Mr.Simmons is talking about a $700.00 spread,I am su e Mr.McVicker probably has $400.00 worth of phone calls in there thetis not even on the record. his rate,I am sure,is at $35.00 or more. We don't want to make you work for nothing. interrupt because I let Mr.Wilson handle this.Just real quickly, Mr.De rrico,an All§'gheny County lawyer. He's the attorney that referred the case to Emerson Samuels was personal counsel for Your Honor,we are just trying to be fair. Who is Mr.Samuels? How much is that? Excuse me,Your Honor.I don't want to He had 32 hours for just one of his reports Mr.Simmons. must surely have more than 40 hours worth of time.I'll total it up, here.I'd have to say Mr.Greenlee and Mr.Samuels and myself,WE has given us more than 40 hours of billing to include in this bill and Mr.Simrrons said only 40 hours at an extra $5.00 rate.Mr.Samuel~ MR.WILSON: MR.SIMMONS: MR.SIMMONS: MR.DERRICO: MR.SIMMONS: THE COURT: MR.DERRICO: I e ~z«>oJ)0- Ul ZZWQ, i0I-elZXUl«~ ..:uii:I-!!! QeoJ«U Q ;:)., xI::.. uiII:IIIl-ll: 0LIIIll: l-ll:;:) 0 U oJ«U ii:... 0 e David McVicker and David being located in McKeesport,would often times go over and confllr'.1i:'with Mr.Samuels on the case,who was ke t apprised of all the developments and had all the pleadings and every- thing as far as any further tactics or any of his wishes.A nd the ban~ 13 also conferred with Mr.Samuels in Pittsburgh because he would go .. into Pittsburgh and practice and go to Western Pennsylvania Nationa Bank and have conferences with them on the case. MR.DERRICO:Your Honor,in addition to that,there were many times that fellows like Mr.Greenlee or myself got phonecalls or got involved with Mr.Samuels or Mr.McVicker directly and not having the file handy,and not working directly on it,we did our bes t . to give advice on the phone and tell the people what to do.And we do ~'t run off and keep a time record of that.I'rr looking through it now an< this is about the first time I've seen it practically since I got involve~. Except for the times ~here we specifically sat down and did researcl work for him,I don't think I marked everytime I talked to Mr.McV··~ker on the phone.Although I may have mentioned it to a girl.But I think the'spread is not that great.I just can't see,if this was three times or twice the arrount that we are entitled to,even on the hourly basis, I would think that would be disapportionate to the services that it would merit SOme appeal here.But even under Mr.Simmons calcull3tions, 'one are not that far off that you figure all the times we've talked that "oNe didn't keep track of.I just can It picture this thing has even resol =d :1.ere without anyone raising any major question;particularly in light ·:::>f the fact as Mr.Wilson said,this thing was all discussed prior to the submitting of it.And again,I think if there had been any objectiops, that the Petition as ,submitted should not have been subrr,itted at the time.It was submitted apparently to Your.Honor here and possibly 14 to Judge DiSall~,although I am not sure.Had there been any objecti ns we obviously would have worked them out before we filed them.But to wait until we file them and then COme along,it looks like they took the benefit of our work first and then made sure it got through and objected.If there would have been objecti.ons,it should have been filed prior to submitting the matter to the Court. MR.SIMMONS:Your Honor,lid like to respond very briefly to Mr.Derrico.In this report time sheet,Your Honor,they recorded 50 telephone calls.N~w I don't think that---as a.matter of fact,they recorded every telephone call.SOme of them for 15 minutes,two tenths of an hour,three tenths.There's 50 tele mone calls recorded on these time records.So what they say,they did record all the telephone calls.ItIS apparent tha t they did.50 calls are recorded in these books. MR.WILSON:If you are going to represent Mr.David McV cker in the future,I think you will find that your phone will be ringing moe than it ever has.And to say that 50 phone calls was the total phone calls in that case is to be ridiculous.If I didn't receive at least 150 phone calls I never received one. MR.SIMMONS: them. MR.WILSON: MR.SIMMONS: All we are saying,you .should have recorded Well,perhaps I should have. In other words,if you recorded 50 you coul have recorded 150 just as easy. 15 MR.WILSON:.Maybe you can record 150 but I don't always have time to. MR.SIMMONS:I don't know.Believe me,when I tell you,I reiterate this,we are willing tc?accept your records,and your recoi"'ds on the record and we'll take the appeal.That IS how strong our office There is no question,we have many of those hours in here.I have over here to meet a sbhedule ~or a hearing.You never mark it. matter than it's marked down here and that's the story.Now if you 'v~ Mr.Simmons,let IS be practical. We are not ever going to produce them if we Whe~e are they?? We have never co'ntended that's all of it. has felt about this. to reiterate,as Mr.Wilson says,we have spent more time on this Courthouse,sOmeone calls you,you say,"Just a minute.'1 You talk many hours in here that are not ma!'ked.If you're on the way to the gotr;some evidence that says we didn't put the time we put in,put it to a client,he's got ten minutes of your time.You rush off to cOme didn't have them.We can tell you in fairness to ourselves,we put just don't indicate---- MR.DERRICO: MR.WILSON: MR.DERRICO: MR.SIMMONS: e ~;z c:=.>II2 2 II0 2" (. I- L'4: J:II C.~ I-L 0l-II Cec~ ";)... i=r.a•I:till-e0t.Ue l-e::I 00 ~iii:L0 e MR.SIMMONS:It seems to me your own records are the bes evidence.You can't blame us.I think,Mr.Derrico,you Ire not being reasonable.You cannot blame us.When I walk into this Court OOm hear me out---when IWAllked into the Courtroom we said we'll accept -----------------------------,---- 16 your records as to what time yoy put in on the case,we III accept yo t lr evaluation of you r time on this case.And you have your whole file with you.You produced 139 1/2 hours all from your records. You have a letter here that you signed,one of your partners signed,: I we are :ijJj:lling on an hourly basis.And all we do is make a multiplication and then youlre telling me that we are doing something wrong or we are improper or done something unethical. MR..nFBRICO:Your Honor,I have not said one word about him doing one thing unethical.Please keep to the point.We indicatr=d to start with this was not the whole ball of wax.We never said it was MR.SIMMONS:The point is why do you think we are improper in asking you to use your records to establish your time? MR.DERRICO:Your Honor,we will have to read back the record.No one has used the word im prope'r. THE COURT:Let's cut this a little short now.Counsel has argued up and back and the Court has a pretty good idea of the whole situation.I had set this hearing or the prior hearing which was pos tponed and then this hearing for the pu rpose of hearing any testimony that was relevant to the ilssue .arld:·any testimony that is relevant to the matter of a fee in this proceeding.We must recall that the Supreme Court has placed upon this Court the duty of peculiarly fixing the fees in all cases of incompetency.And that our decision will be upheld unless we are in error in the law or unless we show that we have committed sOme other error which is relevant to the cas e.But what I am saying is that the Court has the peculiar function of fixing fees.Now when you state that a Pe tition is filed heI;e and somebody signs it.and therefore we should take that Petitionas 17 being proven before the Court.that is not a fact.It doesn't matter what the Petition says,It doesnIt matter what your agreement is between " .. z.. :=:;:u:z Z II. II. Z Cl-t!:Z :tIII <l:~ ..:~ Il:t-III a...<Ua::J... :c...'"N yourself and the guardian of this incompetent.All of those fees are subject to the approval of this Court as to being reasonable and propEr fees.The Supreme Court has given us that duty and we must go ahead and accept that duty.So that titt:mp.u.e,rs~not what the agreement is, It matters not what the minimuIl?fee bill calls for.In many iIB tancesJ we will allow over the winiwuIr fee bill.But in particular instances i the Court can go below the miniIl'um fee bill.This Court isn't bound by the minimum fee bill of th~Washington County Bar Association, And I say that advisedly.I don't know that there are very many ai:i _instances where this Court has cut that fee and gone below that fee. l-ll:a~But we have the right to do so.We are not bound by the minimum t-Il:~fee,o ;i!5 In all cases wh ere this Court is to determine a reasonableii:IL.o fee we are to tab"e into account six particular items.First•.the amou:It and character of the services rendered;second.the labor.time and trouble involved.That is whereyou get into your hourly basis. But that isn't exclusive.That is only one of the items.Third.the character and im portance of the litigation.Fourth.the amount of money and the value of property affected.Fifth.the professional 18 skill and experience called for.And lastly,the standing of the attorney II in his profession.All of thos e things are material to the situation a9d .i are taken into account by the Court in fixing a fee.That is fully revi~wed ! in Hoffmann's Estate,-.349 Pa.at 59.And more recently in 408 Pa., II (At the dtrection of the Court,off-the-record discussion was not us another hearing date. this time and the time of the hearing and are able to report to me attorney 'in his profession. I would res pectfully request then that you giv = If counsel is able among themselves and with their parties who are,involved,if the yare able to get together betwE~n wha t they believe to be a reasonable fee in this matter,the Court wi!1, skill and experience of the persons called for.That has something recorded by the.stenographer). 442.We are bound by those cases.So that when you COme in here anything to the Court.Now this Court is ready to testify now or whenever you are able'to present it on any and all of the six features to do with the ~inal analysis in this case.And the standing of the which we have just mentioned.And number five is the professional and say we have an aggreement of so much a fee,that doesn't mean MR.WILSON: THE COURT: e c: :2c:>..J>-\II;;:;;:.. Co ;;: 0l-II;;: :tfII-:3: ..=1I iI-CII Qe..J-:ij II~." t01 IiI::1:1I-.:0L•Il: t-Il: ;) .) I) ..JC;j.:IL0) e again take the matter up,the Court will again ,-onsider it and recom:'del' it,and in the light of all that the Court knows and will have heard,w will determine whether or not that can be described as a reasonable fee without another hearing.That may be possible.But it is up to 19 Court to fix this fee.And we are only as king for help from thcs e who are involved so that the Court may have all the possible information necessary in fixing this fee. MR.WILSON:Fine.Well,if you would give us a date I will be glad to confer with Mr.Simmons and if he wants to agree to a figl.:re we will submit that to you,and have you give your--- THE COURT: need not be followed. MR.WILSON: That is merely a suggestion on my part.It In other words,we will need the hearing ther in addition if Mr.Simmons would agree, THE COURT:We will not need a hearing if you folks arrive at a figure,pres ent it to the Court together with the method at which you arrived at that figure.'And if I believe that it is a fair and reasor able one,I can approve same without a hearing.If that cannot be done in the interim,then we will proceed with a hearing,at which you may present the testimony which I have described. MR.WILSON: agree on anything? THE COURT: Could I have a hearing date in case we don't We shall render you a hearing date.The Cou rt would like to fix a further hearing date in this matter for Thursday, March 25,1971 at 10:00 o'clock A.M.Mr.Simmons,will you be engaged in trials on that,date possibly? MR.SIMMONS:It's a possibility,Your Honor.It's during th trial term.The week following would be better,I think,sir.We sta-t 2~O next week on the week of the 22nd is when trials start.It.-would actuCi ly be better the first week in April.. THE COURT:There is no particular rush in this.If the week following would be more suitable we will try that. 11m about ten minutes behind on a hearing downstairs. one.It's the week of the 5th of April. hearingl should there be necessity for one. 28th.The week of the 7th we donIt have anything scheduled. Your Honor,could I be excused at this time. You have nothing scheduled that week? We will change the former date to Wednesda-, Yes,sir.Excuse me.I'm looking at the wr g The 7th of April ? No,I don't know if I want to agree to that or ~1Ot. I don't think SOl t:hat~woulEt,preventus from In other words,the trials start the 22nd and The week following is the week of the 29th. MR.WILSON: April 7th~,:;.at 10:00 o'clock A.M as the date for hearing in this conti I ed fd just as leave have it on the 25th:? coming here. MR.SIMMONS: MR.SIMMONS: THE COURT: THE COURT: MR.WILSON: MR.SIMMONS: THE COURT: THE COURT: e :!..:c>oJ;- fl !: :!:\I L..5, .l: .1:IIIc2; = ..='JIi:9-otI Je.I:( j J ;)., :J:.."'":IixIIII-D:0..IIIII: l-II:::J00 .JoCU~I&.0 e THE COURT:We are through anyhow.So you are ex.cused. (Proceedings Closed). \ I., ! ,', ·' •.~ '~.- ,I:.".tt#Jt'rtUY~.·',tut't>W'ij'edl~~.,_..*:vt4tIJ~('&)'."~_.w..~ ..' fUll"."ll'.--~,.raR~1 ia Ut>"~•.~;,.~l)'bJi"~.~\'1#lac m:.'."i 'Ot ~~¢,.~J,;.~~••h' ii.< .3: .,:o I:.,. II Q .~... ii D ":)., ~ "-III iii.it: 'II 'I:., L·11 I: ".I::J, :>..~:? '"",':> .. "~.~ ".J.""'~".}~.~.~••-.1 ~,.l ua:•.'~V.;'It.Q \.:)$:r«..1 UW\.rl~,,;;f t,~~·...cr.•• iiiCo· .... " ,f ".. ., " " ", ..~. " " " " '. .. ", 0-....·j..O·¥:'::;.1 ";,,.;.....;.- "."" ','" " ,\,' ,,e . .' ;," "" "'~ f ,' .'" ':. "...,/'"'. " ..'. "" ~•r 'j .t!•, t, , " " lpllo ........;......;;....__---'-_ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA ORPHANS'COURT DIVISION PROCEEDINGS ON PETITION FOR REMOVAL OF ATTORNEY THE HONORABLE P.VINCENT MARINO, Judge of the said Court. PAUL A.SIMMONS~ESQ.,of Monongahela, Pa.,representing the Petitioner. Monday,July 12,1971,at 10:00 o'clock A.M., EDpT. No.61 of 1970 THOMAS L.ANDERSON,ESQ.,of Washington, Pa.,representing the Respondent. IN RE:) ) ESTATE OF ) ) ALEXANDER A.McVICKER,a/k/a) A ~ALLAN l\1cVICKER,a/k/a ) ~ALEXANDER ALLAN McVICKER,)..~) ..!~Deceased.) 2 2IIIII :icI-elZiUI<~BEFORE: ~II:I-ID Q ~APPEARANCES: UQj., :I:I::w uiII:~II:oII.IIIII: ~5 TIME:u...<l:Uii:'"o J' .:OJ WITNESS DAVID OLIVER McVICKEE BETTY J.McVICKER DAVID OLIVER McVICKER ~(Recalled)~ :!: :!:iiiL I N D E X Direct. 4 22 23 Cross 18 2 '. .. .,. .;e fl::: D~ t~EXHIBITS II .I~D.g Petitione:r-'s Exhibit A -Power of Attorney from Lloyd A.McVicker to., ~David McVicker..... Iit:~.t:-0L'~ l-t:::loo .:I0(iii:Lo THE COURT:The only other matter:,:;that we have listed for 3 10:00 o'clock is the McVicker,A.Allan McVicker estate.And this is the return date in that estate.And Mr.Tempest has called and said that;·he is interested in the rratter and would be about 15 minutes late in coming in.I don't know what he desires to be heard about,but he said he was coming in.I anticipate that the only relev3.nt matter that we could bring up today in the estate would be to fix a hearing date. MR.ANDERSON:If the Court please,I talked to Mr.Simmons tovvard the middle of the week. THE COURT:I'm sorry.Did I say Mr.Tempest?I m sorry. Mr.Simmons,I believe is the one that called.Was that Simmons that aalled? MR.ZERMANI:- MR.ANDERSON: That IS right,Your Honor. He told me he expected to be here and he thought the matter could be disposed of this morning,the way I understood him.The facts I think are not in dispute and it is simply a matter of application of the law.We will wait for him. THE COURT: THE COURT: Very well.We will call that when he comes in. *********>l<** The estate of A.Allan McVicker,deceased,at Number 61 of 1970.The Court had ordered a Citation issued in this matter on the Western Pennsylvania National Bank,the Executor,which was returnable on this date,Monday,July 12,1971, David McVicker at 10:00 o'clock A.M.I recall.Mr.Anderson.that you filed an Answer in this matter.But I don't have a copy of it here in the file. 4 MR.ANDERSON: THE COURT: I will have to let you have mine. I donlt think 1111 need it.I just wanted to state ttf:it 1 there was an Answer filed.I presurre that Mr .Simrrons got a cop:" of that. THE COURT: :$ :!:~MR.SIMMONS: ~II:!::!:~L io MR.SIMMONS:I-":!:XIII , ~ Yes.,sir,I have a copy,Your Honor. All right.We are ready to proceed. Mr.McVicker.would you take the stand please DAVID OLIVER McVICKE~IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.SIMMONS: Q -Will you please state your full name? A David Oliver McVicker. I Q I didn't quite hear you.. A David Oliver McVicker. Q Now are you in any way related to Alexander A.McVicker? A A son. Q And could you tell us where you reside? A 2121 Neal Drive.McKeesport. Q Could you tell us whether or not your late father had any other children besides ~0u.rself? David Mc Vicker A Two sons.One deceased.Allan R.r,M0Vicker,deceased,and :1 Lloyd A.Mc Vicker,who lives in the State of California. ! Q Does your deceased brother---did he have any children? A A son,Allan Robert,Jr. 5 Q And who is his mother? A Betty McVicker. ~:z~Q Is s he here in Court,too? ..I>CI:z~A Yes,sir., :z~(Stenographer marks Petitionerls Exhibit "A'I). o:z S~~Q I'd like to show it to Mr.Anderson,Your Honor.I show you what tct-CI ICI...0( ;0 ICI~A f..Q ci Q II:ItIlI-~A, llJe ll-e:J0000.... 0( ij ii:~Q A we have marked here as Exhibit "A ",Petitioner's Exhibit "A". CO\lld you identify this please? Yes.It's a Power of Attorney that my brother left with me. What did it pertain to?What did it give you the right to do'? As near as I could state,it would be to act on his behalf in any rna ers whatsoever and whatever deci.sion I came to would be satisfactory as far as he was concerned . In regard to what? In regard to anyth ing. I'Q I mean in particul~r,what did this have to do with--- A To my father's estate. Q Now going back to November,1969,c~uld you tell us what occurre in regard to your father as far as you can recollect? She was going to do what? David McVicker A One eevening his wife called me and said that she was having quite a bit of difficulty handling dad and asked me would I come up to the house.So I went up to the house.And when I got there,dad didn't seem to be having any difficulty that I could see.But she state?that she was going to put him in a home. "MR.ANDERSON: Put hirr,in a home. _HOM E.Home.Speak up a.little r0xiltieJr.• " I told her that as far as I'was concerr:ed that she wasn't going to do , it.And at this point she said she was going to call her attorney.Ad she called Joe Hoffmann and he came to the house.In addition to Joe Hoffmann,dad's'minister.Reverend Snyder.was there,her son,.. I can't recall his first name,and his wife were present. Between the time that she called Hoffmann and.. 6 all these people came _~o the house.there was no---nothing transpi ed. A~d when they all,got to the house Reverend Snyder and Joe Hoffma n and Hilda and dad went into the bedroom.What they discussed,I have no idea.And they cam~out,.and Joe said that he thought it wa ,a good idea if we all left.which we did. When we got outside of the house I said to Joe that she wanted to put him in a home and that I felt sure she was going to make an attempt and what could we do to help dad.He said that there was nothing that could be done.to just leave it.as it was. And we all left and went home. Q David McVicker I Shortly thereafter,around in January,early part of January,could!I you tell us what trans pired as you recollect? 7 A Attorney Melenyzer called me on a Saturday and said that Hilda was going to leave dad.would I want to come get him.And I said I'd have to talk it over with my wife and that I would call him back. So when I hung up talking to Melenyzer I called Joe Hoffmann and he wasn't available.And I called his horne and his wife said that he was away and that she expected him home.I believe 6 :30 or '7~00 o'clock,I don't recall what the time was. So I called Melenyzer back and said that yes, I would go get dad;that I would try to arrange to be there at 7:30, I believe was the time.Before going to the house.I stopped at Joe Hoffmann's home and he still wasn't there and his wife let me wait at his home until ae came home.And when Joe came home he and I went over the situation.I explained to him everything that had happened and asked his advice on what I should do..in so far as protecting dad was concerned.And he advised me to go get dad and Hilda demanded a key to the house.I gave her a key. Who is Hilda? Hilda is dad's wife.I gave her a key to the house and she left and in her car,which had her,las near as I could see her personal belongings packed in it.The back of the car was full.. Q All right.Now ""hat did you do with your father aft:e:r that?Did you visit with Mr.Hoffmann after that? David McVicker 8 A Well,we stayed at dad's home that night and then Sunday night I hac to get up early,so my wife and I took dad down to my home.We stcyed there,I got up early in the morning;as soon as I could I took dad uPl, to Joe Hoffmann's office. Q Could you tell us what transpired there? A Well,I explained to Joe the situation as it stood. :! ~~Q...>-Q....LICo .All right..~ow at that point did you have any feeling as to your dad's competency? o AI-tJ:;: :;:..<3: Well,there was no doubt that his mind wasn't any good and that he was incompetent,in so far as I was qualified to state.But I definitE ly knew he needed some help and I didn't know any intelligent approacl to take,other than legally.,And at this point I asked Joe what he c(uld do to'help dad ap.d protec~twhatever assets he had so that they woul(: • remain intact for his benefit.At that tim e Joe said tbahave a guardian appointed and declare him incompetent would run into approximatel l 8!~objection.We can't see how any of this testimony h ~s $2,000.00,and that this was too great an expense to go to. any bearing on the petition and the Answer which virtua~ly If the Court please,we raveMR.ANDERSON: Ii11:"r.;.'.~ CII.IIIlI: l-ll::::JoU...01(o 'iL:IL.00 ; admits the facts in the petition.There's only one issue raised and I can't see what all this testimony relating to matters that happened back in '69 and '70 have to do with this petition.We object to it as irrelevant. MR.SIMMONS:We would like to interpcse David McVicker this,Your Honor:that this all has to do with our allegations in our Petition that Mr.Hoffmann refus ea to represent this man during his lifetime and he had thE' duty to represent him.And this certainly bears on the rnatters related in our Petition which we so allege that; he did cease to be this man's attorney at a time whenever he should have been caring for him,at a time he should have been protecting his assets. 9 THE COURT:The Answer filed by the Respondent indicates that irrespective of any of the prior dealings of thes e'pa'rties,the issue would not be in any way affected I by any of the dealings that took place at a prior time. And we are inclinced to agree with that.We don't feel that they are pertinent to the issue here. MR.SIMMONS:Your Honor,may I say this,sir?Prior to this time,shortly before November, there was a Will drawn by Mr.Hoffmann.And there wls a problem,as a matter of fact,litigation before Your onor which I know Your Honor has knowledge of,which had to do with the incompetency of this man.And at this point we are not attacking the Will.But if this man h as been declared incom petent as of this time,I think it would cast a shadow over the Will which,in fact, had been drawn by Mr.Hoffmann.And further,it was David McVicker a Will tha t was drawn in such a manner that had he even asserted Mr.Hoffmann as the attorney;that was 10 so stated in the Will itself.And it seems to me that there's a distinct problem here now as to whether or not he maybe,in his mind,felt that maybe he shouldn't: have him declared incompetent,so as to not cast a s.hadow on this Will,which had just been drafted a few months or several months immediately prior to Januar~, 1970.I certainly ~hink this is very relevant in this case under those circumstances. If he was incompetent at the time the Will was drawn,then the clause giving Mr.Hoffmann.'. the right to represent the estate would likewise fail.Th~re was a conflict of duty,it would seem to me. THE COURT:When we have a proceeding attacking the Will,if such there be or there comes, that testimony would be pertinent.We don't believe it is pertinent in this issue that is before the Court today and we are sustaining the objection of counsel. MR.SIMMONS:In other words,Judge,so I understand the Court correctly,you are saying that anything that occurred during the decedent's lifetime, after this Will was drawn,as to his representing or failing to represent the decedent is.immaterial.Is that David McVicker 11 what you are saying.sir? THE COURT:That would be the gist of our ruling.We believe that the issue here before the Court presently is the matter of the selection of counsel by that time.We'd like the record to show.as a matter We'd like to show that Mr.Hoffmann refused that it was obvious that som ething was wrong with. the Executor named in the Will.And we feel that that Well.sir.just for the record..MR.SIMMONS: of fact.subsequently he was.in fact.declared incompetent. to protect this man's assets.We'd like to further here.if we may.that it was obvious that he needed mentally wrong with the decedent.We'd like to prove placed in question.tha t this witness would so tes tify. some legal help in service to presel?ve his assets at this witness wOuld testify to if permitted.And we would like at this point.',we:offer to prove that at the time to that issue. we would like to make an offer for the record as to wha: is the only issue and all testimony should be directed e :!:!: 0(>~D :!: :!:u.....is'"D;: 00( ~ r;: 02...2Qe..<iiii:J.. f•ti.1::.'..I::4) L•I::..c:::::l00..0:(; t:L.0 e offer to prove that he had the duty atHthat time.having represented this man prior to this time.and also havitlg written a Will to the effect that'he was going to represe~t this man's estate in the event of his death.he had a David McVicker duty to represent.him under all of these circumstances. We'd like to show that the son at that time knew nothing about any antenuptial agreement,knew nothing about the Will.That the son will testify that his only thought was to protect and preserve the assets of this estate;that the attorney refused to help in any way to 12 protect or preserve the assets of the estate.IThatthE son had to go to another attorney,and Mr.Samuels referred him to the firm of Greenlee,Richman,Derric 0 and ,Posa,and that they,in fact,did represent the decedent during his lifetime and did appomplish a good result and did protect and preserve the assets of the estate.It was necessary for this to have been done. And we would offer to prove tha t under all of these circumstnaces,that because the attorney refused to act for and on behalf of this decedent during his lifetime to preserve his assets,that there is such a conflict of interest here established that would preclude him from now,under any circumstanees,gaining a profit at the expens e of this es tate under thes e circum- stances. And further,we would like the record to show that this witness will testify,--of course,I don't think Your Honor ruled on this,but we are going to put it David McVicker 13 into the offer---that he as well as his brother and the parents and natural guardian of the other heir of the de edent and legatee and devisee of the decedent are all unanimous, all parties in interest are unanimous in that they would circumstances that we heretofore recited. and immaterial.I think it all is.And one spedific ob- like to have some other representation under these the construction of an antenuptial agreement,which is ' If the Court please,weMR.ANDERSON: that·particular matter. feel ethically that he could represent the decedent in something else,and that that is covered by the third I paragraph of the Answer,Mr.Hoffmann's Answer to tHeIpetition,stating the reason why,which I think is a goo he refused to represent the decedent in litigation involvmg, reason.Having written the agreement,he did not to protect the assets of the estate is not included in the is petition whatever.And the only specific allegationr::fthat object to this generally as being incompetent,iri);elevant jection:this offer to prove that Mr.Hoffmann refused e :s..:c>.J:-~ :!: 1:1....i5l-e.. i1'10(~ .,:IJi:toQ IIe.IIoCi3 II::>":I' f• Qc=IJ,l-eQt.Ue l-e:JQa..<Uii:I&.0 e MR.SIMMONS:We'd like to res pond to Mr. Anderson by saying in paragraph.five does not state what Mr.Anderson purports to say that it says.It say '1.iEM prior to the death of the said A.Allan McVicker, David McVicker the said Joseph L.Hoffmann ceased to be the attorney for the said A.Allan Mc Vicker."Then goes on to say,I "And in fact refused to represent him in a matter in- volving litigation over the construction of an antenuptial 14 "agreement.So the point is that he ceased,which is specifically alleged,which we are proposing to prove, but of course,subject to leave of the Court. MR.ANDERSON:The Answer denies that he ceased to be the attorney and apparently from the testimony of this witness he did continue to act. MR.SIMMONS:No.We havenl..t--this witness has not completed.As we have said,the witness will prove that he refused to act as his attorney,refused to repres ent him as an incompetent,and consequently, he had to go to another firm or two different sets of attorneys to get representation.As a matter of fact, a matter for which this .Cou rt can take judicial notice, that he was,in fact,in need of repres entation because I this Court did find the man incompetent and did appointI a guardian for his assets,which indicated that the man was in need of help,in need of legal services which Mr.Hoffmann refused to give him.I think under these circumstances he shouldn't profit at the expense of·thi.s estate,when he refused to repres ent this man when thi David McVicker man needed representation,which we propose to prove if allowed. 15 ['HE COUR T:The objection to the offer as ."made is sustained;an exception is noted.However,if this witness d'esires to testify to the refusal of the attorney to represent him in matters concerning the work which had been pending with the attorney at that time,we will permit him to so testify. :i:eui (Continued Direct Examination qy Mr.Simmons): •<~Q All right.Mr.McVicker,after you spoke to Mr.Hoffmann about !-5: D~repres enting your father under these circumstances did you have a c further conversations with Mr.Hoffmann? Yes.I knew my dad had a safety deposit box in which he kept all his valuables and I asked Joe if he would go to the bank with me, which I had dad's key to the safety deposit box,and more or less freeze everything that was in that safety deposit box for dad's bbenefit.I wanted no part of the job myself because I didn't want to cast any shadows on what my motives were.My only idea was to protect what dad had until such time as somebody who was in authority could look t.;me:lsituation over.appraise it and come to a decision whether or not what was happening was correcb.~Joe refused to do this. Q May I ask you this question,if you please:when did it first come David McVicker to your attention that there was an antenuptial contract in this case? A I think the first I knew of it was in February of '70,I believe.It was after the bank 'Atlas appointed guardian and went in and took over all of dad's financial holdings.And at this time I believe it was I became aware of this agreement which he had had drawn up prior to their marriage. In other words,you didn't know anything about the agreement until after your dad was declared incompetent? No,I didn't have any knowledge of it at all. Did you discuss this antenuptial agreement with Mr.Hoffmann? No,I don't--you mean at that time? That's right. No.There was no reason for me to discuss it with him because I didn't know it existed.The only thing that I asked Joe to do at that time was to go to the bank and more or less freeze his safety deposit box and certify in there what was there and what wasn't there and take some measures to protect dad's interests.Because I knew that,in fact,dad had stated that he was confused and lie didn't see to know what was going on,and I knew for a fact that different thin s that he had mentioned were missing,you know.And he just seeme lost.And I asked Joe to take some measures,whatever legal measures was possible to protect dad's interests. Q Did he refuse to do this? 16 David McVicker 17 . brother and your sister-in-law who is apparently natural I'd like to let the record be clear on this:that our I definitely do. guardian of your nephew,that you want another attorney for this estate? Now is it your opinion,I mean are you in harmony with yo r manager said that he couldn't do this because it wasn't the bank's policy to interfere in these matters.And Joe Hoffmann walked in the bank about two minutes later.And I asked Joe again if he would go and protect dad's safety deposit box,take what was there and put it in a safety deposit box under dad's name,which I saw nothing wrong with.It was his belongings and if there was an argument and I was at fault,then there was nobody to say I had done anything that was improper. A -Yes,he,at that time stated that it was too expensive and that he couldn't do it.And so I said,well,I'll go to the bank and ask the manageID at the bank if he would go with me and certify as to what was in the safety deposit box,and if nothing else,put it into another safety dep03it, box where only those who would be authorized to manage dad's affairs could get to it.I didn't want it.The A I f QI :i LiiIIC firm does not want to have anything to do with represent~g this estate.I mean I want the record clear,that we are not here in our capacity as attorneys to represent this estate and we don't want to represent this estate.We are here merely representing Mr.McVicker here in this David McVicker case for this purpose.We are not here to try to take this estate for our purposes.Your witness. CROSS EXAMINATION BY MR.ANDERSON: Q You don't claim,Mri.Hoffmann isn't qualified as attorney; 18 Q to act for the estate,do you? That wasn't as far as I was concerned.It was immateria at the time who represented dad.All I was concerned wit that he needed protection and that he was going to get i • You"don't answer my question.In your petition you don't claim that Mr.Hoffmann is not qualified as an attorney, do you? MR.SIMMONS:I think that question is a little ambiguous.You don't mean by virtue of his training. Yes,he's a qualified attorney,isn't he? I'm not contesting the fact that he is licensed under the Washington County Bar Association.As far as I'm personally concerned,are you asking me would I personal 7 retain him as an attorney? No.I didn't ask you that.I asked you what you said in your petition.Did you say he wasn't qualified as an attorney? A No.I believe Mr.Simmons can state more clearly what the petition states.But in my opinion it states that he refused to serve my dad's interests while he was alive. David McVicker 19 And that we feel that he shouldn't benefit as a result when he did need him. of the estate,due to the fact that he refused to serve him I he swear to something which he knows is not in Anderson,for this reason:you are asking did the petition. Q I am asking whether he put it in.You didn't put that in? Q You are the man,David O.McVicker who swore to this petition,aren't you? A Ye s,sir. The objection is susta"ned. There might be one hun red We object to this,Mr. THE COURT: MR.SIMMONS: MR.SIMMONS: rooms. million things he didn't put in the petition • That's an improper and unfair question.We object to it,as to what he didn't put in the petition.If we L_d~that,we could fill ten (continued Cross Examination by Mr.Anderson): Q You don't say in there that he committed any fraud or had done anything wrong,do you? A No,sir. Q And what you are telling us is that Mr.Hoffmann refused you and your requests,isn't that right? A No,sir.Through quite lengthy detail,_I finally arrived e ~z0(:--I>-;0zzUl:L i. 0..~z % I) <I::t ..:ui:..II Qe-Icij Q :J., :t...'"iiiI:~I-a:.:> A.111X-X:J:>:J ..II(::; :i:..:> e . at legal representation for my father;not for me. Q Just a minute.Please repeat the question to the witness. David McVicker 20 (stenographer reads back last question):IIAnd what you are telling us is that Mr.Hoffmann refused you and your requests,isn't that right?".IIWell,in the position as it stood the day that my dad and I were in Joe Hoffmann's office,I didn't ask Joe to represent me.I had nothing to represent.I asked him to represent my dad,who it was subsequently proved needed help. In what connection was it that you asked Mr.Hoffmann to represent your dad? In any way possible to protect my dad. Just generally? Any way. Well now,you have testified only,as I recall,that it was in the bank when you tried to get Mr.Hoffmann to as} the bank to freeze the assets.Was your father there? Right. Did your father ask it? My father wasn't in any position to ask. He didn't ask it,did he? .He was completely bewildered.This mannwas 73 years old and married a woman 55 and she had just left him.He was in no frame of mind to make any kind of decision. Please answer my question,yes or no.Did your father ask it? A No,my father didn't say anything all the time.To this date he hasn't. o In whose name was this safe deposit box? .. David McVicker 21 .. .. A In my father's name and his wife's name,I believe.I'm not quite sure about that.The record shows that there was a change on that safety deposit box on·or about that time.I can't say for sure whose name it was in.I do know that I had the key for it.I had my dad there.And Well then,weren't the assets perfectly safe in the box? Well,at the time,my father,I feel sure and I can feel cettain I can prove,was at a point where he could have been very easily influenced.And had I wanted to go into the box that day,I could have gone because I could very easily have said to my father,"Well,dad,we're going to go into your safety deposit box.All you have to do s Nobody that I know of. Y-y dad and anybody else who was on the card • Who else was on the card? Q ~ it was his safety deposit box. :!Q Whose key did you have? z~~A I had my dad's key. IIIz~Q Did you get in the box? :L ie A No,sir.I had no authority to get in the box. Clz~Q ~~o could get in it? 0( ~ oiII:III~II:o.II.IIIII: ~II::JoU .ICUiLII.o .,:Aoit;Q Q .J0( U Q:J., :rI:. ft A sign your name here and we'll go in."There was no doub in my mind that I wouldn't have been capable of doing And that had anybody else who had any influence over him or was around him could have done the same thing. Q Could they have gotten in without the key that you had? A No,sir.But that key had been available prior to that ____i David McVicker time.Th~t was my first connection with that key. Q Well,you didn't give it up to anybody,did you? 22 ,"A Yes,sir.I certainly did. Q Give it up to your father? ~ A No,I gave it up to W.P.N.B. Q Was that the bank where the box was? A Yes,sir. Q I have no other questions. MR.SINMONS: THE COURT: That's all. You are excused,sir. (Witness excused). -BETTY-J.McVICKER IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.SIMMONS: Q Would ~ou please state your name? " A My name is Betty J.McVicker.I'm the wife of Allan R.·· McVicker,the oldest son of Allan McVicker,the deceased. Q Does he have a son? A He has a son. Q What is his name? A Allan R.McVicker,Jr. Q Are you his mother? A Yes. Q'Is he under the age of 2l? A He is 17. Betty J.McVicker ,23 Q Where is he presently? .' A Q Right now he's in a hospital,Monongahela Hospital. Are you in agreement with your brother-in-law,Bavag "McVicker,that Mr.Hoffmann should eease to be the attorney for this estate? A I am. That!ls all. on just for one more question,Your Honor. .. :( ~Q '"..Ii MR. z.lI~MR.z:>..I!lZ i:Ul0(~ ANDERSON: SIMMONS~, No questions • That's all.We'd like to put Mr.McVicker At the time that my brother was home for my father's funeral we made arrangements to meet the Yes,we did. dad's death,communicate your desires as far as represen- tation of the estate to Western Pennsylvania National Bar~? bank at my father's house and at that time my sister-in- law,Mrs.McVicker,my brother and myself stated that we would take any steps necessary to direct Attorney Hoffmann not be attorney for the estate,that we definit ly did not want him to represent the estate. Q This was done immediately? ..=uii:..Ulo DAVID O.McVICKER IS RECALLED • ..I0(~DIRECT EXAMINATION BY MR.SIMMONS: ::l..,£'Q Mr.McVicker,did you and your family,shortly after you~. 1\I iiiII:IIIt-Il:oII.IIIII: t-AII:::loou...0( (;t:o .., A This was at the time that my father was laid out.That'E the only time my brother was home.We were all three thEr>e.--II------.:----=---.:----------~--i Q Any questions? time was the representative,the trust officer for W.P.N ••, representing my father • Honor wants to hear Mr.Hoffmann.I think this is a case n No. Very well.The hearing is closed.The Court No questions. That's all,Your Honor. I don't think I will call an~one,unless Your You 'have no other witnesses,Mr.Simmons? Mr.Anderson? The Court will not suggest the calling of any I have no witness to carl,Your Honor. David McVicker that rests on 'what we have stated in our Answer.I think the employment of oounsel by a fiduciary'is strictly wit the provfnce,;s of the fiduciary because it's like an individual employing a lawyer.He wants somebody in whom he has confidence and it's personal relation.It's not the same as the removal of a fiduciary.It's just as though you had told the bank or the trust officer or a clerk he couldn't work on this case.I think that's the You talked to the representatives of the bank? We talked with Mr.Bender,who,as I Mtlett}stood at that whnle point of the case. particular witness or the production of any'particular testimony in this matter.We will leave the decision entirely up to counsel. A Q THE COURT: MR.ANDERSON: THE COURT: MR.ANDERSON: ~MR.SIMMONS:z<~THE COURT: ;nz~MR.SIMMCNS:II. i~THE COURT: "z ~MR.ANDERSON:; tii:toIlIlii....<§ Q:J., :t'/::til aiII:IIIl-II:fIII II: l-II::JoU ...1<oii:ILo .. '. ,, .. .' '.. 25 will take the matter under advisement. MR.ANDERSON: THE COURT: Will Your Honor want a citation of cases? We'd appreciate that if counsel would give us that. (Proceedings Closed). I hereby certify that the proceedings and evidence are conta ned :!z~..I>-II Z ZIII0.. ioI-elZ :rlD~fully and accurately in the notes taken by me on the hearing of the above IJ. coui-t, / ,I , I The foregoing record of the proceedings upon the hearing of the ause is hereby approved and directed to be filed . ..=·u~caus e,and that this copy is a correct trans cript of the same. lDQ ..I0( UQ ::l., %/:.N ui 0:~Ito0..III0: I-0:::loU ..I above 0( U ii:II.o.J ., .' ,-, .' ..'.,.~~'"~'-:.q .. ,"..~':.••t .__~~..' .'.'.,';',,,.. a'.' • .."-''/-..;Ld. c...u e"''''~f"J t ..J r-••':J ,,.....)I 7-.- C:..) ~a '"-.-.. "'-',l• ...,-.!_- ,.....-,'.....: ......-I r-:","':?:-.....U:!(.) ,;bJ ('" -,':-~ J,/;;)J '.:l~.l.,....-'Jr<.,.· ...~:.~.: ___1,~-........:! .-.....~)\/i')~'t;--.-.p1j '"~-. ,., 10 ..J