HomeMy WebLinkAboutOC1970-0110 - ESTATE OF MASON,
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!IN THE COURt OF COMMON
PLEAS OF WASHINGTON COUNT)
PENNSYLVANIA--ORPHANS'C0U!*T
DIVISION No.
IN RE:APPOINTMENT OF
GUARDIAN OF ROYAL
ENCIL MASON>
an alleged incompetent
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS'COURT DIVISION
IN RE:APPOINTMENT OF GUARDIAN)
)
OF ROYAL ENCIL MASON,)
)
an alleged incompetent )
PETITION TO APPOINT GCfARDIAN FOR AN ALLEGED INCOMPETENT
The petition of Vaughn Elaine Mason,respectfully represents:
1.Your petitioner is VAUGHN ELAINE MASON,of R.D.#2,
Burgettstown,Jefferson Township,Washington O~unty,Pennsylvania..the
wife of Royal Encil Mason..herein called the alleged incompetent.
2.That the alleged inc~mpetent,~'RoyalEncil Mason,is forty-
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five (45)years'of age~having been born on November 23,1924,and his home
is at R.D.#2,Burgettstown..Jefferson TowpshiP..Washington County,
Pennsylvania,where he resides with your petitioner.
3.That the said Royal Encil Mason,because of mental and
physical deficiency caused ay a bee sting is unable to manage his property.
4.That the estate of the said Royal Encil Mason so far as
petitioner knows consists of weekly insurance benefits payable by his
employer,Weirton Steel Division of National Steel Company in the amount
of $1,767.00 for the period of September 7,1969 through January 17..1970.
5.That the next of kin of said Royal Encil Mason are your
petitioner,his wife;and two minor children,Amber Reigh,age 2,and
Aaron Corde,age 3,who reside with him.
6.That the proposed guardian is Vaughn Elain Mason,your
petitioner,who desires to be named guardian in order that she may receive
the aforesaid payments to use them for the support of Royal Encil Mason,
the incompetent and his family.
7.No other Court has ever:"assumed jurisdiction in any pro-
ceedings to deteTnllrre the competency of the said Royal Encil Mason.
8.That the alleged incompetent has no guardian of his estate
or person.
WHEREFOR the petitioner requests the Court pursuant to the
Act of February 28,1956,P.L.(1955)1154,as amended by Act of July 11,
1957,P.L.794,Sec.1,50 P.S.Sec.3301,to award a citation directed to
the alleged incompetent,with notice to his next of kin residing within the
Commonwealth and to such other persons as the Court may direct to show
cause why Royal Encil Mason should not be adjudged an incompetent and why
Vaughn Elaine Mason should not be appointed guardian of his estate.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
Personally appeared before me~the undersigned authority~
Vaughn Elaine Mason~who~being duly sworn according to law deposes
and says that the facts set forth in the foregoing Petition are true and correct
to the best of her information,knowledge and belief.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS'COURT DIVISION
IN RE:APPOINTMENT OF GUARDIAN )
)
OF RC?YAL ENCIL MASON,)No.
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an alleged incompetent )
DECREE,.
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AND NOW,this 3 (J -a8.y of ---7f-...a.:::::.o::::!=--...e::=::3..,.o~:""';1970,
upon consideration of the annexed petition,IT IS
that a citation be awarded and directed to Royal Encil Mason,to show cause
why he should not be adjudged an incompetent and a guardian of his estate
appointed as prayed for in the foregoing petition.
The hearing to be held on the z.1 day of 4~,
1970 at I <J;~o'clock a.m.
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At leas~daysnotice of the hearing shall be given to
Royal Encil Mason,the alleged incompetent by personal service of the copy
of said petition and citation.
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COURT OF CO~10N PLEAS
1970ofNO.110ROYALENCILl1ASON......I--:-_
an alleged Incompetent.
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,lin wl1r (@rpI1U115'(ltourt7~tsli~!1~iuginll QIountg,Jtttttnylu&niu
IN HE:
APPOINTMENT OF GUAqDIAN ((
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Q!ommunturultq of JrnnfiyluUllht l fiB:
OInU111n of lJaa11tttgton ~
To:ROYAL ENCIL HASON
Sur Petition of:VAUGHN ELAINE 11ASON
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that,laying aside all business anQ.excuses whatsoever,you do file in the
Division
office of the Clerk of our Orphans l Court/of Washington County,a full and
complete answer,under oath,to each and every of the averments of the said
petition,on or before Honday ,the 23d day of _-'M.....a=r=-c=h:.=..-_
19 70,at 10:00 olclock ---.!-.M.,and show cause why the said
Royal Encil Mason should not be adjudged an incompetent and a guardian
of his estate appointed;
and further abide the order of our said Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and a
decree made against you.
•WITNESS the Honorable P.Vincent Marino,President Judge of our
said COilrt,at Washington,Penna.,the 30 __~Ja.;..;n~u:..:..a:..;.:r~y~_.,19 '70.
Div1n
John L.Brunner,Esq.
Attorney for Petitioner.
(Seal)
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In the Court of Common Pleas or
Washington County,Pennsylvania
Orphans'Court Division
No.110 of 1970
IN RE:
ESTATE OF
ROYAL ENCIL MASON,
an alleged incompetent.
DEC R E E
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:)
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~ESTATE OF )No.110 of 1970
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ROYAL ENCIL MASON,)
)
an alleged incompetent.)+
D E C R E E
AND NOW,March ?Q ,1970,upon consideration~ofthe annexed
petition and after a hearing held following due notice,it is ORDERED AND
DECREED that
ROYAL ENCIL MASON is adjudged an incompetent.
VA UGHN ELAINE MASON is appointed Guardian of the Estate of
Royal Encil Mason,an incompetent.
The said Guardian is directed to file an inventory in accordance with
the provisions of Section 402 of the Incompetents'Estates Act of 1955"as
amended.
The s aid Guardian shall file her own bond without surety,in the sum
of Five Thousand ($5,000.00)Dollars.
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IN THE COURT OF COMMON PLEA~
OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS COURT
I I~t#1,'1Z?J DIVISION
IN RE:
ESTATE OF ROYAL
ENCIL MASON,
an alleged incompetent.
BOND
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BRUNNER Be GREGORY
ATTORNEYS AT LAW
27 MAIN STREET
BURGETTSTOWN,PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WA.SHINGTON COUNTY
PENNSYLVANIA ORPHANS COURT DIVISION
IN RE:)
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ESTATE OF )
)
ROYAL ENCIL MASON,)
)
an alleg~d incompetent.)
)
No.110 of 1970
BOND
KNOW ALL MEN BY THESE PRESENTS,that I,VAUGHN
ELAINE MASON,guardian of the Estate of ROYAL ENCIL MASON,an
alleged incompetent,am held and firmly bound unto the Commonwealth of
Pennsylvania for the use of those interested in the estate in the sum of five
every of them firmly by these presents.
heirs,executors3 administrators,successors and assigns and each and
thousand ($5,000.00)dollars to be paid to the said Commonwealth to which I
payment well and truly to be made,I do bind myself for and in the whole,my I
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SEALED with my seal and dated the
THE CONDITION of this obligation is such that if the above
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bounden VAUGHN ELAINE MASON,guardian3 shall well and truly administer'
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the estate according to law this obligation shall be void,but otherwise it shallI
remain in force.I
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IN THE COURT OF COMMON
PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS COUR1
DIVISION
No.110 of 1970
IN RE:
ESTATE OF ROYAL
ENCIL MASON,
an alleged incompetent.
INVENTORY
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BRUNNER &GREGORY
ATTORNEYS AT LAW
27 MAIN STREET
BURGETTSTOWN.PENNSYLVANIA~/;:J,~-/O¥-
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA
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ORPHANS COURT DIVISION
•IN RE:)
)
ESTA.TE OF )
)
ROYAL ENCIL MASON,)
)
an alleged incompetent.)
)
No.HO of 1970
INVENTORY
INVENTORY AND APPRAISEMENT of the goods and chattels,
rights and credits which were of ROYAL ENCIL MASON,an alleged incom-
petent,as of March 30,1970.
REALTY:
None
PERSONALTY:
1968 Chevroletl\3 / 4 ton Fleetside
truck $1,000.00
Model FK Camper 700.00
Weirton Steel lump sum payment
on Annuity.3,763.53
Weirton Steel Company sickness
and Accident benefits through March 28,
1970.2,565.96
Total $8,029.49
COUNTY OF WASHINGTON
COMMONWEALTH OF PENNSYLVANIA
ROYAL ENCIL MASON,an alleged incompetent.
BEFORE ME,the undersigned authority,a notary public
sworn according to law deposes and says that she is the guardian of the·
Estate of ROYAL ENCIL MASON,an alleged incompetent and that the fore-
going constitutes a complete inventory of the real and personal estat'2 of said
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in and for said county,appeared VAUGHN ELAINE MASON,who,heing duly I
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Sworn to and subscribed before
me this 3rd day of January,1972,A.D.
':&~£~Notary Public
My Commission Expires October 12,1975.
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W1aeM!ii<~~COl/lit>'.tl!Jrv,ottmn't<\)tI:l..My ~mm1sS..'''n t:...pft'li'A
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,
PENNSYLVANIAORPHANS'COURT DIVISIONINn, ,f'\....-4=,0'7f'\
IN RE:APPOINTMENT OF
GUARDIAN
OF ROYAL ENCIL MASON,
an alleged incompe~t
AFFIDAVIT OF SERVICE
JOHN L BRUNNER
ATTORNEY AT LAW
MAIN STREET
BURGE:TTSTOWN.p,E:rNSYL..VANIA
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:APPOINTMENT OF GUARDIAN)
)
OF ROYAL ENCIL MASON,)NO.
)
an alleged incompent )
110 of 1970
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF WASHINGTON )
ss
Personally appeared before me,the undersigned authority
a notary public,in and for the said County and State,PETER
SECCO,who,being duly sworn according to law,deposes and says'
that he is the duly elected Constable of Smith Township,Washingto
County,pennsylvania,and that he did serve the attached Citation
on ROYAL ENCIL MASON,an alleged incompetent,on February 4,1970
at~o'clock p.m.by handing to him .personally a copy of said
Citation and a certified copy of the Petition and Order.
peter Secco
Sworn to and subscribed before
me this JyiJday of February,
1970 A.D.
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.Notary PubliC
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COURT OF COMMON PLEAS
1970ofNO.110ROYALENCILMASON,
an alleged Incompetent.
lin m~r ®rpl1ans'Q!ourt;~tSIi~sl1ingtnn Q!ounty,Jrnttliyluania
IN RE:
APPOINTMENT OF GUARDIAN ((
OF ))
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Q!nJ1lmOn1Uralt~of JrnnByluania {55:
Qtountt!of lIa5~ington ~
To:ROYAL ENC IL MASON
Sur Petition of:VAUGHN ELAINE MASON
~rtttiug:
lit QJnmmun~Inu,---l.JR.....O'-'-V.c.AT.....,......E1'i""'-l.l/..lo..JC'-l.T.....I.L.-L:J.MQ.JAS~O.l-'"NIl--,
that,laying aside all business and excuses whatsoever,you do file in the
Division
office of the Clerk of our Orphans'Court/of Washington County,a full and
complete answer,under oath,to each and every of the averments of the said
petition,on or before Monday ,the 23d day of _.....:M=a=~~c~h:::..-__--'-_
1970,at 10:00 o'clock--!...M.,and show cause why the said
Royal Encil Mason should not be adjudged an incompetent and a guardian
of his estate appointed;
and further abide the order of our said Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and a
decree made against you.
WITNESS the Honorable P.Vincent Marino ,President Judge of our
said Court,at Washington,Penna.,the 30t ay of __---:;;..J....;an=u.:.:.a;...:r~y'____,19 70.
Clerk of the Orphans'Court Div'n
John L.Brunner,Esq.
Attorney for Petitioner.
(Seal)
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS ii COURT DIVISION
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
IN RE:
BEFORE:THE HONORABLE P.VINCENT MARINO,Judge
of the said Court.
No.110 of 1970
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ESTATE OF
ROYAL ENCIL MASON,
~an alleged incompetent.
~enzzIIIII.
i~zien0(:=~
Monday,March 23,1970,at 10:00 o'clock A.M.,
EST.
WALTER W.GREGORY,ESQ.,of Washingtop.,
Pa.,re pres enting the Petitioner .
TIME:
~~APPEARANCES:enQ
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aiII:5~MR.GREGORY:If the Court please,this is the time fixed by the
IIIII:§Court on the Citation issued on the Petition to appoint a gua rdian fo r-
ou
~Royal Encil Mason,an alleged incompetent.I have the Affidavit ofu
ii:II.o Service showing that the Citation was served on February 4,1970
at 4:10·0'clbck P.M.
THE COURT:The :e\ffidavit of Service in this matter having
complied with the statutory requirements and the Interlocutory
Order of this Court dated January 30,19'10,the same is ordered
filed and made part of the record.
The Court will note on the record that the alleged
2
incom pet ent is present in Cou rL
THE COURT:
MR.GREGORY:
Very well.
Dr.John C.McGinnis,Jr.is the attending physi ian,
and Dr.McGinnis contacted me this morning and said he would be
here but he would be a little late.We will call Mrs.Mason.
THE COURT:You may do so.
0(z~UIZZIIIII.
ie VAUGHN ELAINE MASON IS CALLED AND SWORN.
\!)z~DIRECT EXAMINATION BY MR.GREGORY:~
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What is your name?
Vaughn Elaine Mason.
Where <;10 you live?
~A Eldersville,Pa.
And that is R.D.2,Burgettstown?
Yes.
And that is in Jefferson Township,Washington County,Pa.?
I know it's in Washington County.I don't know about the township.
Q Are you related to Royal Encil Mason?
A I am his wife.
Q How old is he?
A My husband is 45.
Q And his birthdate is November 23,1924?
. A Yes.
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Does he reside with you?
Yes.
Do you have any children?
Two.
Will you give us their names and ages?
11m a little scared.
That IS all right.
Aaron Corde Mason,he's three;and Amber Reigh is two.
Your two children reside with you and you r husband?
Yes.
Is your husband your sole support?
Yes.
Will you tell the Court what happened to cause this condition?
Well,a bee stung him in the back.And from there,it's supposed
tohave causrocall this other.
Where was your husband employed?
Weirton Steel Company at Weirton,West Virginia .
Is he entitled to any benefits as a result of .disability?
I was told I'm supposed to have insurance come from the mill,but
I can't have it until I'm appointed s orne kind of guardianship;and
he told me to check..with Social Security,which I am doing now.
3
Q You were advised,were you,by the National Steel Company that
they would not pay the weekly benefits to him but that he would hav
to have a guardian?
A That's what they told me.He signed them at the beginning but they
wouldn't accept his signature.They told me that he'd have to have
a guardianship.
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Do you have any income other than these benefits?
I haven't had nothing.I live in with my in-laws.
Has a guardian been appointed for your husband before?
No.
If youaa;re appoimlte.ti guardian and receive thes e benefits,for wha t
purpose will they be used?
To help him and my children.
ti Q If the Court please,that's all I have .
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:t5 EXAMINATION BY THE COURT:
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~Q Mrs.Mason;has your husband ever been a memb er of the Armed
II::oII.~Forces of the United States of America?Was he ever in the Army?..II::::I8 A World War II.He told me to check there too,that crpaylie'.tp.eycwb:.U1
.Jce~help.I don't know.I haven't checked that.
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(At the direction of the Court~,.off-the-record discus sion was
not recorded by the stenographer).
Q Now Mrs.Mason,do you or your husband own any real estat e of
any kind?
A Yes.I don't know just how it is.He's in partnership with his
father and I don It know a thing about how it is.
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What type of a business are they in?
Just a farm.
And where does his father live?
Well,we all live on the same farm.We live on a trailer on a farm
back in Eldersville.
Do you know about how many acres it is?
It's over a hundred,I know.Exactly,I don't know.
Do they have any cattle or dairy cows and soforth ?
Not dairy;but they have just cattle.
And how do they get their income from that work?Do they sell the
cattle or jjlst what do they do?
I don't know.I couldn't tell you l;>ecause see,I'm a little bit lost
on this because I'm going to be married to him four years co'me
April 29th and we just moved in the trai~er.That's the only part th~t
I know of.
Where did you live before you married him?
With my mother and father .
Where?
Weirton.West Virginia.
And what was your maiden name?
Marris.
How far did you go in school.Mrs.Mason?
I went to high school.
Did you graduate?
Yes.
5
6
Q Was that in Weirtpn?
A Yes.
Q Would you be able,if the Court appointed you as the guardian in thi
matter,to keep records and a book of all the income thatyou would
A Yes.
insurance benefits?
Q You'd be able to do that?
receive and the expenditures?
Yes.I do that now.
A No,not in the employment.He was stung by a bee but he wasn't at
get it down.
guardian appointed.And since September 7th,I've been trying to
know what happened,some kind of a mix-up that they wanted some
them but when he signed the paper that they sent,he signed it,I dO[l't
supposed to get it any time you're sick,you're supposed to get
Division of the National Steel Company as weekly insurance benefit~.
What is the reason that your husband would be paid the weekly
Q Now was your husband injured in any way in the employment?
A Well,they have a policy,he took it out through the mill.And he's
Q You described the money that you are to get from the Weirton Steel
A
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work.
Q Was that on the farm?
A No;in his truck.
Q Haveyou made application for any Social Security benefits?
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A I'm justnow':"-·Ildidn~ttktto.:vv.vIcould even apply and he went to apply
and they told me Id have to wait for about three months yet.
(At the direction of the Court.off-the-record discussion was not
recorded by the stenographer).
What else.in re~ponse to my question.what ei.se can you tell us abo~t
this situation?
I think the reason I'm so mixed up.they didn't know what to treat
him for or even to write down what he had.Because I had visits
from the Weirton Steel.I don't know why my voice gets like this
when I'm scared.And they just kept telling me someone had to
be guardianship.
Well,that is what we are trying-to work out now,Mrs.Mason.
That is why you are here.You can't be a guardian unless the Court
is satisfied that you can take care of the guardianship.That is why
we are questioning you.
How long has it been now since your husband is off of work at the
Weirton Steel?
Since the accident,the seventh of September..
1969 ?
Yes.
And Dr.McGinnis is the doctor who has been treattiing;yn:ur husband?
As of right now.He's the head of the Physical Therapists but he he d
a succession of doctors and just one,I think of all.I think is Dr.
Berman.But he really didn't treat him much.He's had a successi(n
7
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of them.
Q Whowasoriginally called when he suffered this intiury?
A Dr.McCarrell.the family doctor.and then he got other doctors
to come in .
he is here in Court.Do you want to--
(At the direction of the Court.off-the-record discussion was not
Tt;_l":('(Anthe.direction of the Court.off-the-record discussion was not
When he cries like that I give them to him.
Mrs.Mason.I believe you said Mr.Mason
Could we talk to him?
Yes.becaus e sometimes he can talk and some-
No.Your Honor.
The Court has no further questions of this witnes~.
MR.GREGORY:
despondent and he ci~::kes a little bit.Three times a day I have to give
him these pills.One is a mus cular pill and one is for relaxation.
recorded by the stenogra pher).
Should we atten;T{3t to interrogate the alleged incompetent?You statE
times he can't.I don't know what to expect.Sometimes he gets
recorded by the st:enographer).
MRS.MASON:
MR.GREGORY:
MR.GREGORY:
THE COURT:
Q Are there any other qu estions counsel has?e
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was stung by a bee in his truck.
A Yes.
MR.GREGORY:And he got home ?
A He took us all the way home and I noticed going home he didn't
9.
act hirr'self.He got real white and we just got through the trailer
door and I loosened his shirt because I thought he was going to fain
and he took a funny white with blue-like and white.And then after
I got the shirt off and loosened his belt he turned from the belt up,
blue-black.I tried to blow in his mouth to keep him breathing,but
hot water came out of his mouth.I couldn't do it.
MR.GRlRGORY:Then you called Dr.McCarrell that was called?
A No.I called the neighbor to call an ambulance.We took him to
the Washington Hospital.And that's where I told him to call Dr.
MCarrell.I never saw anything like it.
MR.GREGORY:How long was he in the hospital?
A Since September 7th to December 22nd.He was up there and they
\
took him to Montefiore,from Little Washi ngton to Montefiore and
back to Washington.He didn't even know us for five months.
'l\IIR.GR~GORY:And tlien1during the time he was in the hos pital
until December 22nd,what was his conditi~?Was he ·in bed?
A Yes.He couldn't walk and lthey said he may never walk and they
gave him up twice.They said if he ever was himself he'd have amn~sia.
MR.GREGORY:
the children ?
And did he,during that time,recognize you Or .
A He still doesn't know he really has a little girl,but I.think he know
my little boy.
MR.GREGORY:
A Yes.
Then December 22nd did you take him home?
10
MR.GREGORY:And has he been home since that time?
A Yes.We had been back to the doctor once on January l:st and he
hasn't seen anyone since then but Dr.McGinnis.He said to keep
him going around in familiar places,which we have been doing,
and worked with him.And then take him back and maybe he can bet er
tell you something about tests~"1.Q.,and maybe rehabilitation~l :!:z~somehow .
..I>-lJl~MR.GREGORY:
IIIII,
Has Dr.McGinnis taken care of him since what t me?
~A Since the second time he came home from the hospital,Little
I-~Z~Washington.See,we had him in Montefiore and he came back to
~
~Washington Hos pital.I believe he's been in his care since.
ii:I-~MR.GREGORY:How long did you say it was he didn't recognize y<u?
...1«~A I think it's about 'five months that he didn't know me.But he knows
::l.,
:rI::.me now.
III
people and he knows how to get here.Heknew the way coming over.
It's just slow,that's all.
I think he's got a good chance but it's real slow.
MR.GREGORY:
But he knows moe
Is he able to walk?
At the present time,what is his condition?lV.IR.GREGORY:vi0:IIII-0::o~A0::
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MR.GREGORY:Well,the right side is rather hard for him to waL..
He can hold a glass of water and drink.He can eat with a sP90n,
but not stuff that's like---no soop.Something he can hold in a sP90
he can eat it with a spoon.
THE COURT:Mrs.Mas on,if certain funds that we were talkin
11
about were made available to your husband,doy ou feel that he is i
position to know how to manage his money and his affairs?
A I don't think so right now.I'm trying to teach him to write and read
to him and soforth,but he doesn't seem even interested.
(Witness excused).
THE COURT:
call him now.
0(z~MR.GREGORY:
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w..eyy well.I see that the doctor is here.You may
That's all I have of Mrs.Mason,Your Honor.
ti DR.JOHN McGINNIS IS CALLED AND SWORN.
~VIE EXA MINATION BY MR.GREGORY:
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~Q What is your name?
;:).,
5A John McGinnis,M.D.
Where do you live?
Mc Vehil Drive,Washington,Pa.
Are you a regularly licensed and practicing physiciain in the City
of Washington?
A Yes,I am.
Q
A
Haveyou an office in Washington?
My office is in the Washington Hospital.
Q What is your position at the hos pital ?
A I am Director of the Department of Physical Medicine and Rehabili ation.
Q In that capacity,have you had c~:utact with Royal Endl Mason2
A I have.
Q When did you first see him?
A I do not have my records with me,I left the office too fast,but
it was las t fall,September Or October,I beliIe~e is the first time.
12
Q Can you tell us what history you received?
A I received a history that Mr.Mason was stung with a bee and had
0(z~a reaction to the bee sting,had severe pulmonary collapse.And~CII
Zz his wife suppos edly gave him artificial re~piration,got him to theIIIDo
i.e Mont efiore Hos pital,whe re he was evaluated by the Neurology
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for Our continued treatment.
What condition did you find when you first started to trea t him?
When I first saw Mr.Mason,he was completely bed-confined,
couldn't walk,he could mutter some words.All his activities of
daily living had to be taken care ofo-:{!Je by the people,and that was
about the size of it.
You have worked with him an~treated him since last fall ?
We treated him in the hospital for several weeks with physical
therapy"speech therapy and general hospital nursing care.And
I have seen him as an out-patient on several occasions since too;
the last date six Or seven weeks ago.
Q What diagnosis would you make ofhis condition?
A I would say'it's generalized quadriparesis with mental deficiency.
Q Would this,in your opinion,render him incompetent?
A
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Yes.
Would you say that at the present tim e he is com petent or incompet nt?
He is incompetent at the present time.
Would he be able to handle his own affairs?
No,sir.
Would he be liable to becom e the victim of designing persons?
Yes,sir.
In your opinion,do you believe that he should have a guardian of hiE
estate?
I do belie\le.
Now,Doctor,do you have any prognos is'on this condition?
The prognosis is poor for improvement;but for general life,}iSs
excellent;the life expectancy is excellent.
What would be the chance of his regaining competency?
Not very good.
Will he continue to require medical treatm ent,doctor?
Medical treatment is a big term.I would say no,not general medic~l
treatment.He is going to have to be seen by a physician perhaps iJ
my capacity in physical medicine from time to timel to see if
there is anything we can add to any little lmIotor improvement he ma~
get.But as for regular institutional care,I would say no;
Q But he will require therapy?
A He is not getting therapy now.So I'd say he do~s not require therafY.
Q Would the necessity to consult with you or haveyou exam :ineJ him
-------------------------------------------
14
from time to time continue for any period?
A I would say three years,every six months.And then we'd have to
broaden our spectrum of tiPeatment as necessary Or as indicated.
<I;'That's all I have,Your Honor.
EXAMINATION BY THE COURT:
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Dr.McGinnis,are all of the conditions that you s poke of in this
mdividual in your opinion the result of the bee sting that you spoke )f?
I think there was---I'm not sure,he had a bad arm Or something
before,.a fractured arm that had---the elbow wouldn't completely
extend.That would be the only thing,which would be instgnificant.
The other conditions,are due to the bee sting?
TlRUs right,sir.
And at the present time.he is mentally affected as well as physical y?
Yes,sir,he is.
How would you describe the mental condition of this individual at th s
time?
Not having examined him for any length of time,inability to comprE hend,
inability to express himself.I would call itj1ust a general mental
deficiency.Just intake and output both are impaired.
Q And your present prognosis in this matter is that there would be
very little change for about three years?
if
A I would expect that/there I s been no change within a year from the
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time he had the onset of his problem that you can't expect any chan e
after that.But I'd say the condition such as this,you have to give
them leeway.We're always surprised sometimes what does happel .
That's the thing you have to realize.Sometin:i:~s:tJ:ne.re':)eouldbe
edema or swelling of the brain,which is not completelYF13art of
that,but I think he's at the status he's going to remain.But I can't
make an absolute statement.
And,of course,he is incapable pre sently of gainful em ployment?
That's right.
And requires what kind of aid in his living?
Help in,we call it activities of daily living,just dressing,feeding
and some toilet training.Some of this has improved.You can teacl:
a pu~pydog to do things like'that too.But some of these things
will improve yet.It's natural reflexes.
Is Mr,.Mason disoriented in any way?
That I can't say exactly.I feel he is from my past association witt
him.
BUtcyou definitely fee 1,do you,Doctor,that this ,individual would
be incapable of handling his business affairs?
Yes,I do.
And you feel that a guardian should be appointed for that matterg
.Yes.
I believe that's all the questions I have.
15
1\"......r.-I~\TE'E eOURT:Mr.Gregory,with the history that has been give
16~'
--.us by the doctor and the other witness,I don't feel that it would b
beneficialor useful to the Court to call this alleged incom petent.
And unless we h~ve a direct request from him for permission to
,witness that'you felt you wanted to call ?
testify,we would prefer that he be not ~eard.Was there any othe
•MR.GREGORY:No.We have no other witnes'ses,.y our Bono"r.
•
THE COURT:
MRS.MASON:
THE COURT:'
Who is the otheryoung lady with the incompetent.
This is my sister and my little boy.
All rignt..That will close OUr testimony.
(Proceedings Closed)"
~cript ort~e saxne.
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Off c 1 ~nogrnpher
I h~1"Cby certify that the proceeclit1es and uvidanee are containe
.,
cauae.-and that tbls copy 10 a correet t
.The t'oregoiQa record of the proceedinan u~n the hearing of the
iiiItIIIl-ll:',oD-Id
It fully and tlccu,rately'ln the notcea taken by me on the bearina of the above~"::>ou
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•nbove cot!tJo lcs hereby approv~d tm.d directed to be fUed.
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