HomeMy WebLinkAboutOC1970-0380 - ESTATE OF SMITH-FOlt'M 67
REV.1-50
REG.WILLS
J
Applirntion for i4rttrra of i\bminiatrntion on thr
Estate of.~?:.~9:.~!2..!§..~.~.~.h '".
late of .w.?,;.§.h,;hP..Ky.g.D..'I .P..~.D.D..§.yly..§i;.D.1.§i;,Deceased.
Before the Register of Wills of Washington County
personally appeared ~.?:.~.~.!?g..~~.~g,g ..
who,being duly sworn deposes and says that.M?:.~9:.~~..!§m.t~.h .
age .5..Q ,having b.§.r..last family or principal residence at....~.??J §.P.E.l?.:~.~~.~E.~.~.~.
(Street and Number)
....................................~?:.~P.:~.~g:t:.29.:,Washington County,Pennsylvania,died intestate
(City.Borough.Township)..'
at Y!.?:.~.h~ng,:'?g!]..,f..~gl}.~y.J.y.!?:n.~.§,on the..J.:?...day of M.~.r..9..h ..
A.D.,19 7.Q ,at J.Q..:..Q.Q P...,M.,possessed of personal estate to the estimated value
$JQ.Q..~.Q.Q ,and of real estate in the Commonwealth of Pennsylvania to the estimated value of
$~.~.~~,situate in :.
The names and addresses of the decedent's surviving spouse (if any)and other heirs including
heirs by adoption)are as follows.
REI,ATIONSHIP Rl<jSIDENCE
Samuel Smith husband House 30 Maxwell Penna •................................................................................................:,.2 :,..
.......~~.fu:~~g..!f..~g.h ~~g.!}"}Q l'.h.tr..y..§§.D $..y..~,W.h.§.~J.t.Dg.'l W.Va •
.......A!.::'?P.:~~N..~f..~g,h ?.2P.:"1.g.5...t §.P..r..11.9..§$..~.~,WA§JriD.Ky..Q.D ,Pa •
.......................................................................................................,··············..·········1 ..
.....................................................................................~~.
That deponent is over 21 years of age,resides at..3..Q....1:.h.t.r..~.~.§.D.....§:!1..!...'I.....W.h.~.§J:1.DK,.....w:.,.....y.a •
.,···..·..'W·es·t V·IrgInI·(i·..· ·..· ·..·'
is a citizen of the United States and a resident of~~:mi:a,and respectfully applies for Letters of
Administration npon the Estate 01 said decedent,no letters having been prev2issned thereon.
Sworn and subscribed belore me tbis :n.S.!'.........(,J;.~e.:~..
day of !.'..SP.:,A.D.,19 7S?..........
?h~
REGISTER
COMMONWEALTH OF PENNSYLVANIA}SS:
WASHINGTON COUNTY,
And now M~r...s;.b .3..1 ,19 7.Q ,comes J..§i;m.~.§Q..,P..1Jgb ..
who being duly sworn doth depose and say that..!:.~will well and truly administer the goods and
chattels,rights and credits of...M.~.gg.§~..,$.m1.:t.h ,deceased,
to the best of.....h.t..§...skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.
Sworn and subscribed before me this }.~.~.:'?..
dayB ..Mg.r..Qp./j.;?~,A'AD.,19.7..Q .
·..·····V..·~····..··············~···..····..·······
.........................................................................................................................
REGISTER
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.,APPLICATION FOR
Letters of Administration
ESTATE OF
....1lr~.~~..~.
Deceased
R $.
Letters.......................................................!?~C
P $~;.:..~..
Extra Alias $..
Certificates $..
.....,...-•••.0:1••0,1 $.
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....................~~:..::~.-.::.;•••..·~!,¥;~··::7·~::o '.~~m~..
..............t .Total Jf.?Co;\~.............,"~:I:.:::(.I')..,.,-.;_
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............~..__..__~Attor ey
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(finmmnnwralt4 nf Jrnnayluanta,t 56.
ma6~tn!ltnn aIonntg,\
I,Russell Marino ,Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington,in the Commonwealth of Pennsylvania,
to James C.Pugh
administr at0 r
credits,which were of Maude B.Smi th
of all and singular the goods and chattels,rights,and
late of Washington County,deceased,
GREETING:
WHEREAS,the saido Maude E.Smith
Washington
late of
in the county aforesaid,lately died intestate
(as is affirmed)"possessed of divers goods and chattels,rights and credits,within the said County,
Russell Marino
by reason whereof the power of granting administration thereof doth belong to me;I therefore,confiding
in yourfidelity,do by these presents grant unto you these LETTERS OF ADMINISTRATION,here-
by committing unto you full power to administer the goods and chattels,rights and credits,which were
of said deceased within this Commonwealth,you having taken and subscribed the oath of office pre-
scribed by law;requiring you to well and truly administer the goods and chattels,rights and credits,
which were of said deceased,and to exhibit a true and perfect inventory thereof into the Register's
office,at Washington,within ninety days,and to render a just and true account of your administration
at the expiration of six months from the date hereof,and to regard and comply with the provisions of
the laws relating to inheritance taxes.
IN TESTIMONY WHEREOF,I have hereunto set my hand and
caused the seal of said Office to be affixed this 7th.
day of April in the year of our Lord one thousand
l
nine hundred and Seventy
........_....~2z~...
RUSSELL MARINO,Register.
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I(Ul11U 1\11 :IItU ig UJqrst 'rtsents
Estate Of ~.~~9:.~~~~p1 ~.~9.:....................................}N f'19Wh't 0 0 ..
late of....a.:2 *P.:B.9..:D.-,Deceased
KNOW ALL MEN BY THESE PRESENTS,
That we,......~~~~.~....9..~.....~.~g.e....~.~....~.!.:.!.~g..!.~J....~.~9.....~.~~.~~.9:....§.~.~..~.~..~.....~:.!.9:.~JA~.Y...~.P.:.9....g.uaranty
Co.Ba.ltimore,Md.Surety..................................................................................................................................................................................................................................................
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
. f h f h'd'h . h f Pive Hundred D 11vama,or t e use 0 t ose Intereste In t e estate,In t e sum 0 0 ars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated the ~)..~.t..!day of
....................M~.r..g.h A.D.,one thousand nine hundred and ~.~!.~::\'.l,.t.l .
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden .
James C.Pugh
Administrator :or any of them,shall well and truly administer
the estate according to law,this oblig'ation shall be void as to those who shall so ninister the estate;but
otherwise,it shall remain in force...~C ~
Sealed and delivered in the presence of:g~~~;~:~::;::tl'~:..:a·~:::~:~~~nty
•..___-B~ei iii ;··t.··'··"
.......................................................................................(SEAL)
~tattmtut nf ~Urtty
I,,surety in the sum of $on the
administration bond in the estate of..,say that I reside at
..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Street
t'tattmtnt nf §urtty
P.O.
I,,surety in the sum of $on the
administration bond in the estate of :,say that I reside at
...............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,,.
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Street P.O.
COMMONWEALTH ·OF PENNSYLVANIA,}S8'
WASHINGTON COUNTY,.
And now 19 comes ..
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within
bond;that the said obligors have each executed the said bond and that the sureties thereto are the owners
of real estate in their own right of value more than the penal sum of said bond over and above all incum-
brances and exemptions.
Sworn and subscribed before me this .
day of A.D.19 .
r-
63-70-380
No.1735
A~miniBtrution iBnn~
IN THE ESTATE OF
MAUDE E.8MITH
\,
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And now April 7 ,19 70
c:::J
t..n
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63
Bond approved and Letters issued to
James C.Pugh who -Was-·5hly
:;;::0 e:::;s_...-~::0
:t>rn -:;::::;a J'qualifie~~~;is ..
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267
Bond Book Page'__
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SAMUEL SMITH,
Pet1.:tionelL,
V-6.
JAMES C.PUGH,Admi.l'li6tJr.a.t.oJr.
o~the E.6ta.te o~MAUVE E.SMITH,
Veceeu,ed,
Rupo ndettt.
PETInON
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
/3 -J6 --.3 f'iJNO.c..,
ANV NOW,comu the Pet1.:tionelL b~h.U AttoJr.ne~,Vail.E.S..f.oan,
E-6 qtUit.e and Jr.U pec.t6uU~Jr.epJr.u eYlit6 :
1.The pet1.:tionelL -iA an individual and Jr.uidu a.t LaBe.Ue,
F~ette Couttt~,Penn6 ~tva.rria.
2.The Jr.upohdettt -iA the Admi.I'li6tJr.a.tqJr.06 the E.6ta.te 06 Maude
E.Sm-ith,having been dut~appointed b~the Reg-iAtelL 06 Wilt-6 06 Wcu,h-ington
Count~,Penn6 ~tvan-ia on ApJr.-it 7,1970 and Jr.uidu a.t wheeUng,Wut V-iJr.gin-ia..
3•The pet1.:tioneJr.and the decedent WelLe maJrJr1.ed in Un-iontown,
Fa~ette Count~,Penn6~tvan-ia,on Jut~20,1951.No c.h-itdJr.en WelLe boJr.n to
thJA ma.M-iag e.
4.On Ma.Jr.c.h 13,1970,the decedent,Maude E.Smi.th,Wa6 lU.Ued in
an automobile acudent in the CU~06 Wa6hbigton,Wa6h-ington Count~,
Penn6 ~tvaYlta.
5.M a Jr.uuU 06 the -6a.-id acudent an Action Wa.6 bt6iliu:ted on
helL behal6 b~helL Admi.I'li6tJr.a.t.oJr.,Ja.mu C.Pugh,in the CoUJr.t 06 Common Ptea6
06 Wa6h-ington Count~,Penn6~tva:YI;-ta,a.t No.448,Janu.aJr.~TeJr.m,1971.
6.M a Jr.uuit o~the -6a.-id acudent and in :the above Jr.e6eJLJr.ed to
Action the -6um 06 Fi6teen ThoU6and Eight HundJt.ed ($15,800.00)VoUa.Jr.6 Wa6
pa.-id to the E.6ta.te 06 Maude Smi.th.
7.YoUJr.Pet1.:tionelL ha.-6 06ten Jr.equuted h,i.J.,Wuta.te -6ha.Jr.e 06 -6a.-id
-6etttement and ha6 been Jr.e6U6ed.
WHEREFORE,~0UJr.putttoneJr.dema.nd6 judgment irt,-hh,f6avoJr.60Jr.h,i.J.,
intuta.te -6ha.Jr.e 06 -6 a.-id -6 etttement wUh'int
•oa,•
AttoJr.ney 60Jr.Pet1.:tioneJr.
.,;....
STATE OF PENNSYLVANIA:
COUNTY OF WASHINGTON :
,.''''
Beno~e me,the und~igned dutho~if,P~onallif dpp~ed SAMUEL
SMITH,who,bung dui..if -6wo~n dccoJuii.ng to taw,depo-6 e-6 dnd -6drj-6 that the
nde.u -6 et 6o~in the 6o~egoing Pe,tU,l.on Me btue and coMedo
SWOM to dnd -6ub.6cMbed be6o~e me~''tJl day o()me}·
1912.
MY COMMISSION EXPIRES:OfJlfi..l c2CJj If/l:l
SAMUEL SMITH,
v.&•
JAMES C.PUGH,Admlnl.6tnatot
o~:the E6:ta:te 06 MAUVE E.SMITH,
Vec.eMed,
Ru pondent.
10RVER
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
NO.
ANV NOW,TO WIT:Th-U'"''"da.y of""'s,'- ,1972----
u.pon c.On6.i.deJLa;t(.on 06 :the wLth1.n PetUion U .i.6 he!l.eby o!l.deJLed :that.a
heM.i.ng be held 06 :the .&a.me on :the day 06"".,",',1972.---
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t.T(pIlNaYS AND COUNSELLORS AT LAW
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II'i JA..'JES C.PUGH,Ad.m.inhdJr.a:toJr.06 ':
I :the E.6t:ate 06 I'(ALIVE £.SrfTTH,I
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I (),Y PETITION I'
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IN T·HE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYTIlANIA
ORPHANfS COURT DIVISION
SAMUEL SMITH,))
Petitioner,))
vs.))
JAMES C.pUGH,Administrator )
of the Estate of MAUDE E.SMITH,)No.
Deceased,)}
Respondent.)
ANSWER TO PETITION
AND NOW,comes the Respondent,James C.Pugh,Administrator
of the Estate of Maude E.Smith,Deceased,by his attorney,Wm.
C.Hart,and files the following Answer to the Petition:
1.Paragraph 1 of the Petition is admitted.
2.Paragraph 2 of the Petition is admitted.
3.Paragraph 3 of the Petition is admitted.
4.Paragraph 4 of the Petition is admitted.
5.Paragraph 5 of the Petition is admitted.
6.Paragraph 6 of the Petition is admitted.
7.Paragraph 7 of the Petition is denied.It is denied
that the Petitioner has requested his intestate share of tre
settlement and been refused.On the contrary it is alleged that
no distributions of the Estate has been made since the Admini-
strator has not filed his account.
NEW MATTER
8.The ~etitioner forfeited his rights to share in the
by
decedents estate/willfully neglecting and refusing to provide
for her for at least one year prior to her death as provided
by Section 6A of the Intestate Act of the Commonwealth of Penn-
sylvania.
('{,to
WHEREFORE,it is denied that the Petitioner is entitled
to share in the deced~nts estate and the Court is requested to
dismiss the Petition.
Attorney for Respondent
'.,',-,
State of Pennsyl~ia
County of Washtgton
)
)
)
SS:
Before me,the undersigned officer,personally appeared
JAMES C.PUGH,who,being duly sworn according to law,deposes
and says that the facts set forth in the foregoing ArJ.;~Wl9'r are
true and correct to the best of his information and belief.
Sworn to and Subscribed
before me thiS~~y
Of~,1972.
~.~~~'~-"'"~Ub~
My commission expires:
,,sAUY KAY LOAR,Notary l'ubTh:
Washington County,Pennsylvania
My Commission expires June 7,1976
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j::.Is:.3 -70 ---3 YLJ (
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
PRPHANTS COURT DIVISION
NO •
TO:
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Samuel Smith,
Petitioner
(.,).-,•~'v
ANSwtB ~O:PETI;J;IOE-~·:
O --1-'-.••-.:'oj -.JE!j-ATTE8.J
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R~~ndent.~-I.fT1 ::t __.
CI)<;")c:~.::r::-,,...t"--'_._:::=(j)(j)',--:;I"'.-t ~(,."')m ~~'-_'._..f _j
JAMES C.PUGH,AdminstratDD
of the Estate of Maude E.
Smith,Decet!\sed,
Petitioner,
vs.
'",SAMUEL SMITH,
You are hereby notified
to plead to the within Answer
witlin twenty (20)days of
th~~date of service thereof.
.~~,~~
~tVD ':,AH~'~-~V<~L~:~_.MY~()ATTORNEYS AT LAW
9 COURT SQUARE ARCAD/E
WASHINGTON,PENNA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN'S COURT VIVISION
SAMUEL SMITH,
NO.448
Pe.,Ut[oneJt,
V.6 •
JAMES C.PUGH,Adml~~atoJe.
06 the.E.6:t.ate.On MAUVE E.SMITH,
Ve,c.e.Ct6 e.d,
Re.6 po nde.n:t...'
JANUARY TERM,1971 A.V.
ANSWER TO NEW MATTER
ANV NOW,c.ome.6 the.Pe.,Ut[oneJt,Samuel.Smlth,by IU6 A:UoJe.ne.lj,
Va1.l E.Sioctn,E.6q.,ctnd 6e.e.i.6 :t.h-L6 IU6 ctYl..6weJt to the.New Mct:UeJt c.on:t.ct.ine.d
.in the.Re.6 po nde.n:t.'.6 AYI..6weJt.
1•WUh Je.e.6 pe.d to the.ctveJtme.n.t6 c.on:t.ct.ine.d .in pCVLctgJe.ctph 8 ~.
-fA de.n.ie.d that the.Pe.,Ut[oneJt 6oJe.6e.Ue.d IU6 Je.-igh:t.:to .6hCVLe..in the.Ve.c.e.de.n:t.'.6
E.6:t.ate.by willnuUy ne.gie.c.ti.ng ctnd Jle.nU.6.ing to pJr.ov.ide.noJr.heJt noJr.at ie.Ct6t
one.lje.aJL pJe.-ioJe.to heJt death ctnd on the.c.on:t.JtaJLY U -fA ctve.Jte.d that the.
Pe.,Ut[one.Jt cUd pJe.ov.ide.6oJe.the Ve.c.e.den:t.60Je.at ieCt6t one.fje.aJL pfUoJe.:to
heJt death.
WHEREFORE,:the.Pe.,Ut[o neJt -fA e.Ylti.fte.d to Je.e.6 pe.d IU6 .6 haJLe..in
the Vec.e.de.n:t.'.6 E.6:t.ate..
IJi
.,
STATE OF PENNSYLVANIA:
COUNTY OF WASHINGTON :
Be6o~e me,the und~igned autho~y,p~onatty appe~ed
SAMUEL SMITH,who,belng duly .6wo~n acco~dlng to law,depo.6 u and .6 ay.6
that the 6act6 .6 et 601dh in the 60~egoing An6w~~e ~e and coMed to
the but On hl.6 in6o~ma;Uon and belie6·
swo~i1 ,to and .6ub.6eJUbed
beno~e me:th.1A /?
do~y 06 .t2u fLbvt '1972.
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JA:'fS C.PUGH,Admi.-J'l.iA ;fJr..a;toJr.0<t'1()E6ta..t()o~'~,~UV[r.S'rITfI,
1)ec.C'.tL6 ed,
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IN TI'f:C,l/1RT OF C(1":!O,\/PLnS OF
~·'A.SHnIGF'l\f C'''U~!TY,PF,\/':SYLV.d.NT,\
OPPflAV'S CO""?T VIVISI·...'!
\/l'l.448 JI'NUJ..~Y fER",lq71 A.D.
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to the /·'Utlt.b.:An6"'e./f 'l'U",{.rr:I
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"'~~'-"~'¥
I 1~.O.J Cugeae Charles Sloan
:-:-,~.:"Doil Eugene Sloan
.J -tJ '~OltNEYS AND COUNSBLORS AT LAw......"":>;GAllATIN NATIONAL BAH:t BUILDING
;1:~,I'.it-~~BrownsvrUe,Po.
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Affibanit (@f iExprutnr (@r 1\bministratnr
~tutt nf 'rnnsylnuntu.f S1l:
C!lnuuty nf mus1Jtngtnn (
Personally before me,the undersigned authority,a ~.?~~EY.~.~!?..~.~..S:in and for sa,id
Oounty and State,appeared J..9-.P.1.e..s.Q..L...P..ug.h.·who,being duly
sworn according 1lo law,deposes and says that he is theJe.ECm:mx::coc administrator of the estate of
......Ma.ud.e.E.a S.mitb deceased,that the foregoing schedules constitute a
complete inventory and appraisement of the real and personal estate of.....N9.,1J.g..$.];,.~S..m.i.t..h._ ,
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 Administrator.
day ~:"k~~.;;~~~~G;:-~;'thu-ZUth_}(]~~2~_____:~:~_._PA~~I~oAr~~····.......~~i~ator
Washington,Washington Co.,Pa.ADDITIONAL INS UCTIONS
1.~.1'1.f~:1~~~~toE;f:~~J:n,.~2fi1Jd7~ithin three months after appointment of personal representative.
2.A supplemental inventory must be filed within thirty days of discovery of additional assets.
3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33,Over
$10,000,including Copy of Will;1 Original and 3 Oopies and 2 RCRI-33,Over $50,000,including Copy
of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P.1.513 Sec.5.2,72 P.S.4844.2
3Juueutn:rg aub Appraisemeut of the goods and chattels,rights and credits which were
of Mg.lJ.g.~~..!9..m1.t..h __.late of W9-.s.hi.ngt..Qu _
Washington County,Pa.,taken and made in conformity with the above affidavit.
J
PERSONAL PROPERTY:
DOLLARS CENTS
Net proceeds of Wrongful Death &Survival Actions
against Rachael D.McCarrell and Catherine D.
McCarrell -No.448 January Term,1971 A.D.
Common Pleas of Washington County
Blue Cross Refund
SaVings Account--Mellon
SaVings Account--First Nat±unal
TOTAL
11,061 00
10 49
45 00
85,00
11,201 49
/~~•...._~s:-~~.i:·~/,._.':..:"'.'-)..~·1 "'....:~
(~~__...;;:.f··
7cZJ7/J
t3-7fJ -3<fO
Inventory and Appraisement
IN THE ESTATE OF
............_ _.-.-__._.-.-___-..;:-----__.._-.
""19.__...~:._:_.,Ftled..............................~(
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
In the Estate of
MAUDE E.SMITH,DECEASED
FIRST AND FIltJAL ACCOUNT OF JAMES C.PUGH,ADMINISTRATOR
---------------------------------~
The Accountant is charged as follows:
Amount of Inventory and Appraisement
TOTAL ASSETS
4511,201.49
$11,201.49
---------------------------------
The Accountant claims credit as follows:
Register of Wills--Letters
Register of Wills--Certificates
Observer Publishing Co--Adv.
Washington County Reports--Adv.
F.J.Buckley--Bond
Ambulance &Chair Service--Ambulance
H.D.Burch--Funeral
James C.Pugh--Administrator's Commission
Hart &Hart,Attorneys--Atty.f.or Accountant
Register of Wills--Filing Answer to Petition
,
Register of Wills--Filing Inventory
Register of Wills--Filing Account
Notary Fees
TOTAL CREDITS
9.00
3.00
14.00
14.00
40.00
25.00
1,325.00
560.00
560.00
1.00
3.00
15.00
5.00
$2,574.00
------------------------------
TOTAL ASSETS
TOTAL CREDITS
Balance
$11,201.49
0,574.00
$8,627.49
.Ii ~
Wasimngt«»Hll wmnfty ~~lOOm.
63 SOUTH MAIN STREET
VIashingtOD,Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,P.L.
1784 SeJ'3,paragraphs (3)and (25).
I
COUNty OF WASHINGTONtST.;.,&.OF PENNSYLVANIA (SS.
Personally appeared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and
says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the
official legal periodical for said Washington County,published weekly having its
place of business at Washington,\Vashington County,Pennsylvania,and is act-
ing as its agent in fhis behalf;that the said WASHINGTON COVNTY
REPORTS was established on March 31,1920,and was designated as the official
legal publication for Washington County,Pennsylvania,by order of the several
courts of said County,dated November 11,1920;that the printed notice or adver-
tisement attached hereto is a copy of a notice or advertisement,exactly as printed
or published,which appeared in the said legal periodical in its regular issues on the
following dates:
..........J.~n~ll"Ja.,?~.L.J.9..7..Q .
Estate Notlcea
The Register of Wills has granted letters,
testamentary or of administration,in the
following estates.Notice is hereby given
to all persons indebted thereto to make
payment without delay and to those hav-
ing claims or demands to present them
for settlement to the Executors or Admin-
istrators or their Attorneys.
• • • • • • • • • •C)••••••
SMITH,MAUDE E.,Dec'd.
Late of City of Washington,Wash-
ington County,Penna.
Ad!ilinistrator:.James C.Pugh,30ThIrteenthSt.,Wheeling,W.Va.
Attorneys:Hart and Hart 9 CourtSquareArcade,Washington:Pa.
J
that the affiant or the corporation in behalf of which he is acting is not interested
in the subject matter of said notice or advertising and that all of the allegations of
this affidavit as to the time,~~))t c~ara/,?er of the ~atioo~~u»jJ../
tJ10>('·<f l~.I~
Swoco ""d "b"ribed befdLJi__~~~
.?:?~.day of...~Y.~.~,19£..?9·
...../~--a..-I..~~..a 2Z.(d~~
Notary Public
KATHERINE C.NI.CHQL~S,Notary Public
Washington,Washingt,n Co.,PeL.
My Commissloll EHlres
November 1,1973 ----'-
l:Observer .Reporter
WASHINGTON,PENN5VlVANIAi
PROOF OF PUBLICATION
In compliance with the News,paper Advertising Act of 16 May,1929,
P.L.1784,as amended.
Commonwealth of Pennsylvania,County of Washington,55:.
Personally appear,ed before me,a Notary Public in and for said County
and State,Ri.~.b.~,r..9.s..~C.9W.~.n.,who being duly s,worn
according to law,deposes and says that he is the Se.c.re.t.ar.y ..
of the Observer Publishing Company,a Pennsylvania corporation,and its
agent in this behalf;that the said Com.pany is the owner and publisher of
the Observer-Reporter,succ'essor to The Washington Obs'erver,established
September 18,1871,and The Washington Reporter,est.ablished August 15,
1808,a daily news,pap'e,r of general circulation,printed and published and
having its place of busines's at Washington,Washington County,Pennsyl-
vania,where it or its predecessors have been established and published
continuous'1y for more than six months prior to the publicat.ion of the notice
hereto attached;tha;t the printed notice or advertisement hereto attached
is a 'copy of an official advertisement,official notice,legal notice or legal
advertisement,exactly as printed or published in the Ob~lerver·Reporterin
its regular editions on the follOWing d,ate or dates;..
............................J.une 8.,.15 and 22.,1.91.0 ..
that neithe'r true affiant nor the Observer Publishing Company is interested
in the subject matter of said notice or advertising and that all of the aHega-
tions of this affidavit as to the time,place and character ~blication
are true.L;?d~.,Ii...~~~
,'-
/
,.
ADMINISTRATOR'S NOTICEESTATEOFMaudeE.Smith,de-
,ceased late of City of Washington,Washington County,Penna.\
Letters of administration upon the'above estate having been granted
to the undersigned.notice is herebygiventothoseindebtedtheretoto
make immediate payment and tothosehavingclaimsordemandstopreSl'nt them for settlement.James C.Pugh '
30 Thirteenth Street I.Wheeling,West VirginiflHart&Hart,Attys.
9 Court Square ArcadeWashington,Penna.
'l0134·Mon,·3t
Sworn to and sUbsc~efore me th~s..22...day of.June....l.9.10.~~~;~~~
WASHiNGTON,WASHINGlUN C0LJIllY
MY COMMISSION EXPIRES MAY 6,1972
..
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,~55:
The within named Accountant being duly sworn according to law,depose S and sayS that the above account
as stated is true and correct as P.:~........._..__verily believe.
Sworn and subscribed be'fore me this ?.Q.t.h._
day ~~;_--~ll~y.-~-------19_72.._
.--r~~---------
PATRICIA MATELLO,Notary Public
Washington,'Washington Co••Pa.
My Cor,;m;~sicn &.pi~es March 21,1977
Washington County,ss:
c C//------.------------------------------tr-~------------
I do certify that I have given legal notice to all persons
concerned of the filing of the within account in the manner
prescribed by Statute and Rule of Court,as evidence by proofs
thereof filed to No..-~-~-~!7.-3--::--3.BQ-.----.---.
Witness my hand and official seal this ?{_1 ...·
day of__.....fi-~.f:(-!f...r-------------------...---19Z~.__
~~----------·---·--·-·------------·--~-·--rv
Register of Wills ~
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REGISTEft OF WILLS ..;i=l
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The Court is respectfu Ily requested to determine
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Counsel for AC~
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
I I
'"1-
INRE:
.Estate of
MAUDE E.SMITH,
Deceased.
(
)
(
)
(
)
(
No.63 -70-380
Tuesday,September 11,1973,at 10:00 A.M.,EDST
...
"11 .HART &HART,Esquires,of Washington,Pa.,
representing the Accountant.
WILLIAM J.McCORMICK,ESQ.,of Bent1eyy:ill~,:Pa.,
representing Samuel Smith.•
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~APPEARANCES:
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,:'HEARING .QN'AUDIT
...,
The Honorable PAUL A.SIMMONS,Judge of the
said Court.. "I
,..:
,,.
!Ii~!~THE COURT:The next case is the estate of Maude E.Smith.on.
W I~MR.WILLIAM HART:If it pleas e the Court,this matter has a complic ation"
0:::lou·in the fact that the decedent died intestate,leaving a husband.J:5U~and two sons,non·e of whom were living with her.o
THE COURT:
MR.HART:
She died·intestate?
Yes,intestate with two sons and a husband.
She was killed in an automobile accident.And the assets in
the estate are the result of the recovery from an action agains
the other party.
THE COURT:Now was this a litigated action?
money through the Wrongful Death?
survival action.
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MR.HART:
THE COURT:
MR.HART:
THE COURT:
MR.HART:
THE COURT:
MR.HART:
THE COURT:
No.It was settled.
Was it settled in Court?
Yes.
Did the Court mold a verdict prorating the
It did;Judge Sweet.
.\Nhat was the upshot of that?
The majority or the bulk of the estate went to tl:e
What was that?They should have put it 'all in
?
..:uII:the Wrongful Death,except,except for a nominal amount for
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..I the funeral bill and so on.0(
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o;)MR.HART:I think there are two theories on that.And one..,
:I:I-I'-
N is there is a survival action which survives the decedent,and
woman.She lived alone.
was not the major action here,because nobody lived with this
this money is available for the es tate.The Wrongful Death Ac ion
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But you see,in a settlement in an ordinary
situation,the Court williyst .mbld a verdict almost per.the
;
requests of the litigants.I have never heard of ac as:e wherE
~i
they wouldn't.By putting it all in the survi'val,you're
encumbering this estate unnecessarily.
MR.HART:Maybe not,Your Honor.
THE COURT:Any tax consequences as a result of it?
!---,-----tt-------'------c------------J--
·v
MR.HART:No,but.we do have another complication~~.
That is the fact that the administrator takes the position and has
so indicated in his petition,that the husband was not entitled tc
any part of this estate,due to the fact that he had deserted the
dec edent more than a year prior to her death,under Section
6 of the Intestate Act.Mr.McCormick is representing the
hus band.And it w ill be nec essary to have a hearing on this
matter.
THE COURT:
MR.HART:
THE COURT:
MR.HART:
What is involved here in terms of mOf.ley?
About $8,000.
How muchwas prorated to the survi\wr?
To the survival,approximately $8,000.It's
an odd amount,Your Honor,and $1.00 to the Wrongful Death.
The amount of settlement was $12,000.
there were attorney's fees.
But,of cours e,
THE COURT:
MR:HART:
What is the total settlement,$8,OOO?
No.The total settlement was $12,000.00.Now
are
there are a few other assets in the estate.I think there/some
small insurance policies and small bank accounL.,but it does
ne~d a hearing.The matter was before the Court on a Jpr.eviq.ls
occasion on a petition and an answer.
THE COURT:The petition is settled you mean,down below;.
MR HART'
before Judge Sweet ?
No.This was in Orphans I Court,Your Honor.
v'
-----------------------------------------------;----
4
This happened at the time that Judge Marino was ill,so we
agreed to permit the matter to go to audit.And at this time,w:;
would raise to-is question.The Court,I feel,should set a hear ng
and determine these issues at that time.
THE COURT:Mr.McCormick,are you in agreement this
settlement should have been prorated in this matter?
MR.McCORMICK:
ToHE COURT:
Survival.
MR.McCORMICK:
How do you mean,Your Honor?
The $1.00 Wrongful Death,and $7,999.00 to
It wou ld seem to me,Your Honor,that it shoulc
perhaps have gone to the Wrongful Death.
THE COURT:
a s ettle:rnent ?
MR.McCORMICK:
THE COURT:
Was your man notified that there is going to be
He was notified of Uie pending action,Your Hon r.'
I
What about this pe tition for Settle'ment?'Was h~
•"notified of that?
MR.McCORMICK:
THE COURT:
I have no way of knowing~Y0L!r HOl).or.
Just ask him.He's right here in the Courtroom
!~.•
isnIt he?Take him outs ide and ask him,.does he 'know about
all this.
MR.McCORMICK:Mr.Smith states he had no notification of the
settlement,Your Honor,Now the attorney previously represep.ting
Mr.Smith may have had notification,but I do not have it in thE file.
------------------------------------------------_..----
5·
before this Court on an Order from Common Pleas Court.
And perhaps if Mr.McCormick doesn't like the Order down th re,
v
•
THE COURT:
MR.McCORMICK:
MR.HART:
Who was this?
It was the late Dale Sloan from Brownsville.
your Honor,I might suggest that this matter is
or not the husband is entitled.
Orphans'Court at this time,except for the matter of whether
his remedy is to appeal that Order.I don't think it's before thEc(
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ioI-~THE COURT:I think we have to look at the equities of the situl3.tion.
:r.1Il~And if the effect of this distribution in Common Pleas Court
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MR.HART:
is to effectively deny him.of any of this recovery,I certainly t ink
it ought to be brought out here on record.And I think appropri te
action should be taken to protect this man's interests,it seem
to me.I agree with you that we have no jurisdietion as such
over the settlement or how the settlement was prorated between
the two causes of action.I certainly agree to that.But I think
every Court has to be alert to the possibilities of maybe
injustice,and I certainly don't want to take action here if this
man wasn't properly notified and didn't know what his rights
were.He didn't appear maybe at the settlement conference
to find out whether or not---what the effect of prorating was.
Was this settlement made at the time Mr.Sloan was dead?
No.Mr.Sloan was alive.
THE COURT:Did he know about 'this settlement?,.
",. .
,,
,----------------..----------------------------------------;--~--
~.
MR.HART:I informed Mr.Sloan about everything that
happened on this matter.
THE COURT:Did he know it was going to be prorated in this
manner and his client would be barred by making such a prora ion?
MR.HART:I'm not certain his client is barred.I feel certa n
whether or not the husband is entitled to any portion of this.
in any case,and I think he could raise perhaps the question of
action was brought by the Administrator,so he would have fun~s
Mr.Sloan knew everything that was happeningon this.The
Are there minors in this case?
zol-
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x:CIl<~THE COURT:
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Z\&III.
all of these various parties be notified as to the general problelms
this case,the Court will make the following order:that
MR.HART:
THE COURT:
",,.'
.,
Both of the children
No.
Are they represented by separate counsel?
There are no minors.
Oh,yes.They are 40 years old.,
They were 'grown at the time of.the accident.
..
It seems to me,before'we go any further in
are grown.
THE COURT:
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Ifi0:\&I~THE COURT:oII.
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~MR.HART:
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•involved here,and also they should get separate counsel,
because there's a conflict of interest here.I can't see how
the Administrator can take the side of one grou p or potential
recipients as against another group of potential recipients.
,------------,.----------_._----
7
The Administrator should stand as 'a stakeholder,and these
other legatees as heirs of the mother should be given the
opportunity to get separate counsel.And we are going to set
a date for a hearing after you advise all these people.In the
meantime,I think~Mr.McCormick,you ought to look into the
November 20.I want notice given to all parties.That's the
question of w hat happened downstairs.And we w ill make this
And we will thrash this out on November 20,beginning at
two children,the hus band,the Administrator or any other par y.
Is Mr.Pugh in Court today.?
I think the ~etter should advise all these
No.
The Adminis trator is not he're today.
parties to get separate counsel,because there's a definite con lid
10:00 o'clock.
of interes t here .
THE COURT:
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uia:~MR.HART:No.a:o0-
\IIa:THE COURT:He should be there,and of course,you are
I-a:
:J8 representing him as such.But these other people should be
..J<
~advised definitely to get separate counsel if they wish.
l1.o
MR.HART:I think the other heir,Your Honor,may be
overseas.He's a career soldier in the military..
THE COURT:If he's overseas,then we're going to have
to pos tpone this under the Soldier.s~and Sailors Relief Act unti
"
such time as he is available..,.
MR.HART:I'm not sure.
"
________...ll-~~_
8
J
THE COURT:Under those circumstance's,this case w ill be
continued generally,but we will have a hearing on the 20th,
if proper notice and proper representation can be given to all
parties.If not,you report to me that one of the heirs of Mrs.
Maude E.Smith is overseas,we will have to continue it
,'
anybody else is interested?
generally until that young fellow can get back over to this side pf
,
already indicated.Would you please anriou"nce this case and se if
Until .p.e's available,we cannot,under the
He's in the Army,but I think he's a career
the seas.Because we can't do anything if he's in the Army.
soldier.
,
Soldiers and Sailors Relief Act.We will tentatively set this,Cc se."L"•,.,
for 10:00 o'clock November 20,1973,with notices as I have
THE COURT:
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D.MR.HART:zoI-oZ
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THE COURT:
THE COURT:
'..
your Honor,I received no response.
Is anybody else in Court interested in the estate
Smith.I don't know his first name.He's representing
What is the name of Mr.McCormick's client?
the husband.
M:tL HART:
uiIl:
~MR.ZERMANI:
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-of Maude E.Smith?
(NO RESPONSE)
THE COURT:If not,as indicated,the hearing will be held on
the 20th of November,1973,subject to the service and notice
II-------..--------
9
J
to the son .in the military service.
MR.HART:The husband's name is Samuel Smith.
,..I .;
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I hereby certify that the proceedings and evidence are containe~
cause,'and that this COPy is a correct transcript of the same.
~~IA ••aLh~~uL
~fully and accurately in the notes tahen by me on tbe r~earing of the above
ou
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The foregoing record o~he proceedings upon the hearing of
the above cause is hereby approved and directed to be filed.
By the Court,~~~-
Paul A.Simmons,J.
-----------------------
IN THE COURT OF COMMON PL.RAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
j
IN RE:
SAMUEL SMITH,
Petitioner~
.vs.
JAMES C.PUGH"Administrator
of the "Estate of Maude E.Smith~
Deceased.
)
)
)
)
)
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)
)
)
)
)
)
No.63-70-380
o R D E R
-...AND NOW"November 20,1973,upon hearing the evidence and
tes timony in this matter,it is the finding of the Court that the Administrator
has f::~led to prove that there was a wilful neglect or refusal to provide for
the wife under all the circumstances.Inasmuch as the Administrator has
failed in his burden of proof,the Court finds for Samuel Smith,the Petitione
in this case,and awards him one third of the net estate~as the same will
be set forth in the Decree of Distribution.
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...IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
~~~HA~~~78~¥~o DIVISION
IN RE:
SAMUEL SMITH,
Petitioner,
vs.
JAMES C.PUGH,Administrato
of the Estate of Maude E.
Smith,Deceased.
_..~
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II EXCEPTIONSII
~~
~of NOV.3c~j 1973
C)~'~.
HART &HART
LLOYD O.HART -WILLIAM C.HART
~
II
ATTORNEYS AT LAW
520 WASHINGTON TRUST BLDG.
WASHINGTON,PENNA.
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..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
SAMUEL SMITH,
Petitioner,
vs.
JAMES C.PUGH,Administrator
of the Estate of Maude E.
Smith,Deceased.
)
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)NO.63-70-380)
)
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EXCEPTIONS
AND NOW,comes William C.Hart,Esquire,Attorney for James
C.Pugh,Administrator and files the following exceptions to the
Order of Court dated November 20,1973.
1.The Court erred in sustaining an objec.tion to testimony
offered to prove the reasons for the decedent leaving the Petitiorer.
2.The Court erred in sustaining an objection to testimony
offered to prove the financial condition of the decedent.
,r•.""''''3.The Court erred in permitting the Petitioner to testify
concerning matters between himself and the decedent which was
prohibited by the so-called "Dead Man's Rule"of eVidence.
4.The Court violated the principle of an adversary proceed-
ing by extensively interrogating the Peti~ioner which was improper
since the Court was in the posture of the trier of facts.
5.The opinion of the Court that the Administrator had not
met the burden of proof is not supported by the evidence presented
and is contrary to the laws of the Commonwealth of Pennsylvania.
6.The oopinion of the Court is contrary to and is not
supported by the evidence presented.
WHEREFORE,exceptions are taken to the Order of the Court and
an appeal is taken to the Court en bank.
The undersigned certifies that these .exceptions have not beer
~aken and are not intended for delay.
William C.Hart'
Respectfully Submitted,
P?'?'./?'I ./?')~···/~~t'1::~~·'~
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In the Court of Common Pleas of
Washington County,Pennsylvania
OrphansI Court Division
No.63 -70-380
In Re:
Estate of
MAUDE E.SMITH,
Deceased.
OPINION AND ORDER
<S_immons.J.}
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ORPHANS'COURT DIVISION
(COURT OF COMMON PLEAS)
WASHINGTON,PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNISION
INRE:
Estate of
MAUDE E.SMITH,
Deceased.
(
)
(
)
(
)
(
No.63 -70-380
OPINION AND ORDER
SIMMONS,J.,January ;tS ,1974.
The decedent,Maude E.Smith,was accidentally killed in the City
of Washington,Washington County,Pennsylvania,on March 13,1970.In du
course,Letters of Administration on her estate were issued to her son,
James C.Pugh.The decedent was survived by two sons and her husband,
Samuel Smith.Samuel Smith was not the father of the two children of the
decedent although he was married to decedent during their childhood.
Samuel Smith,in June of 1972,filed a petition against the
administrator,James C.Pugh,requesting his husband's intestate share of
the decedent's estate.The administrator admitted that petitioner was the
decedent's husband but responded in New Matter that the petitioner had
forfeited his rights to share in the decedent's estate by willfully;neglecting
and refusing to support lfel for lat )east one year prior 'to her death.T~e
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,petitioner replied to'the adrriinistra:tor's New Matter by denying that he had
willfully neglected and refused to provi~e.for his wife.The matter came on
for a hearing before the Court and eVid.en~e was.taken in regard to the same.
Since the mathage of the petitioner ~nd th'e dec'edent had been admitted,the
burden of proof was on the administrator to show that petitioner willfUlly
.j '.
neglected or refused to support his wife.At the conclusion of the case,the
Court found that the administrator had failed to prove that there was a willful
neglect or refusal to provide for the wife and awarded the petitioner his
one-third net amount of the estate.
The administrator,in due course,filed exceptions to the Court's
ruling alleging that the Court had made erroneous rulings as to the admission
of evidence,that the Court had improperly interrogated the petitioner,and
that the administrator had in fact met his burden of proof.
Briefs have been submitted and arguments have been concluded
and the matter is now ripe for a decision.As to the rulings of the Court
excluding hearsay evidence,it can be said that the counsel for the administra or
has not seriously argued that there was some exception to the hearsay rule
that would warrant the admission of hearsay by his witnesses in this case.
In fact,the counsellor for the administrator apparently abandoned his
evidentiary contentions when he did not discuss them at all in his brief.
As to the alleged improper interrogation of the petitioner by the
Court,said point was not pressed by the counsellor for the administrator
in his brief and as will be hereinafter noted,the testimony of the:petitioner
really had no bearing on the ultimate outcome of this case.
The real issue in this matter is whether or not the administrator
has met his burden of proof.The Court has read the record completely
through on several occasions and cannot find one scintilla of evidence that
supports the allegation of the administrator that the petitioner,Willfully
" •'.",:,I ,",';"",'"-""{~.I.-
neglected and refused to support hIs wife for a:period of more than onEi year
prior to her death.There was an attempt by the administrator to support
~..
his case by some hearsay testimo"ny which was cie~riy inadmissible,but eve as
".1--.;.;t ~.
to that testimony,it was clearly insuffici~nt',to show that the petitioner had
-2-
willfully neglected and refused to support his wife.It is clear from the cases
that in Pennsylvania the burden of proof of the administrator in this case is
not only to show that there was non-support,but in addition,he must show
that.the petitioner willfully ref~sed to support the decedent.See Jury Estate,
381 Pa.169 (1955).
The administrator's counsellor has invited the Court's attention
to McLiesh Es'tate,161 Pa.Super.Ct.292 (1947),which in any event is not
contrary to the case of Jury Estate cited supra.McLiesh Estate is a 1947
case decided by Superior Court which certainly does not overrule a 1955 case
decided by the Pennsylvania Supreme Court even if it were in poiti in favor
of the administrator.
Inasmuch as the administrator has complet~lyfailed to sustain his
burden of proof by not submitting even one scintilla of competent evidence to
support his allegation of witlful failure to support the decedent,and inasmuch
as the other exceptions .to the Court's order of December 20,1973,have not
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\''\t...~.,.r-I .~~,/-'1 <:-.;,,..'..''''been pressed at the'argurrient of this 'matter by the counsellor for the
administrator,said exceptions of Ja:snes C.Pugh,'A9.ministrator,to the
Court's finding in favor of the petitio'D-er'(Safuuel'Smith,are dismissed..
.........••."
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By the Court,
J.
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SA/fUEL S\IITH.....................................,...
PeJ:.ilioneA,
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Enter..M.If.........Appearance for the p.~g.r.tf?!.h in the above
stated oase ..
.....................................................................:;:/;,..
To ~..'Ol.1........
JAV TROUTMAN,ESQ.•,'
ll:'n l!Qi:f ..~,·a;»,-Vtorney for..u E~:~Q!:':.0 ..
AUVIT CLERK,s'.·.,.."
ORPHANS COURT VI VISION
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Re..!J ponden-t •
PRAECIPE FOR APPEARANCE
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Es,tate of_=..:Ma=..::u::::d:...:e:::........:E=-=...---=S~m=i=--t:::..:h:..:..-{
TO THE AUDITING JUDGE:
63-70-380No._---=-~..:..-.--==--_
Enter__o_u_r .appearance for__J_a_m_e_S__C_._P_u..o:g::...h-!-,_A_d_m_i_n_i_s_t_r_a_t_o_r _
Hart &Ha.,;;J'j ~Atorneys
By ~'~_
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11th day of September ,19-1i
N.B.-Counsel small,by separrute paper,present a concise statement of each
claim,woith supporting calculation of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council sugges,ung proper distribution shall file a separate concise state-
ment in that regard.
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PH I
RUSSELL L;AHfNO
REGISlf ;!(If WillS
WAS Hl!~(;.G'~1 CO ..PA.
(Form where decedent died intestate)
lin tqr OOrpl1an.a 'aInurt Df lIa.al1ingtnn <t!ounty
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ESTATE OF No.63-70-380 Term,19 ,A.A.
........~.~.!::l:9:.~§.~§.~J.~.h .
In the audit of the First and final
Account of James C Pugh Adm. , r .
State (1)whether de·
cedent was married or
unmarried;(2)if mar-
ried,whether a husband
or wife survived and
his or her name;(3)
whether or not there
was any marriage s~ttle
ment;(4)whether or
not family relation was
maintained until deced-
ent's death;and (5)
whether the decedent
left children or issue of
deceased children.
Deceased
The petition of }.9:~.~.§q..~p..~gh..
(Name of Petitioner)
respectfully represents:.
(a)The decedent died M9:.r.s~.h J3..,J9.7Q.,intestate and
(Date)
letters of administration on h.~r.estate were granted :~.p.J.::'.~.~7.L.J..9..7.Q .
(Date)
as per record thereof appearing in Administration and Bond Book No .
at page .
Decedent was survived by
Samuel Smith,Husband -Family relationship not maintalned
Decedent abandoned by husband
James C.Pugh -Son
Arthur N.Pugh -Son -
(b)At the time of death,the decedent's domicile was :~1::~the Com-
monwealth of Pennsylvania,to-wit,at....Wg,.s..hingt.o.n..
(Town or Township,State and Nation)
and residence was at .w9.:§.h.t.P.K~.9..P..
(Town or Township,State and Nation)
(c)The names of all persons having any interest as heirs or next of kin
with the names of their deceased parents,to show relationship if they take by
representation are as follows:
NAMES
:James C.Pugh
Arthur N.Pugh
Relationship
Son
Son
Interest
1/2
1/2
Of age,sui-
juris,or not.
(write yes or
no).
Yes
Yes
Name of Guardian,Trustee or Committee,if
any,or beneficiary,manr~er and place of
record of appointment and is bound suffi-
cient to cover ilnd protect share.
State exceptions,if any,
giving names and dates
of death and the names
of their executors or
administrators,or the
names of their issue as
the same may be mater-
ial.
All of said parties m interest are living,except None
Describe type of notice.(d)All parties having any interest have had notice of the filing
of the account by letter dated July 20,1973
(e)Balance for di,stribution per Account
(f)Additional debits,not shown by Account
(Itemize)
(g)Additional credits,not shown by Account
(Itemize)
Additional cost on letters
$..E..,..6.2.7.A.k-g
$ .
$2..~.9..Q
$..sL..QJ$.~.4.9.
Insert word "not"where
necessary.
If taxable state wheth-
er tax has been paid.
1f too many for the
space,annex a list there-
of;if no such claims,
insert the word u none."
If any creditor or other
claimant has not re-
ceived actual notice,that
fact must be stated.
Indicate such claims as
may be secured or en~
titled to a preference,
and give detailed infor-
mation concerning such
security or preference.
not
(h)Claim for exemption has/been made,and has.......P..Q.t.......been paid.
(i)The estate is subject to the payment of inheritance tax to the
State of Pennsylvania.
(j)The estate is D..Q.t.subject to the payment of the county 4 mills
tax.
(k)The estate is D..Q.t.subject to the payment of Federal inheritance
tax.
(1)All creditors (and other persons who have complied with Rule II,
Sec.9),of whose claims the accountant...!:§J?notice or knowledge,have
........................received actual notice of this audit;the amounts of their claims and
whether or not they are admitted to be correct are as follows:
NONE
Here insert a reference~o all.qu~sti?ns requir-I (m)mg adJudIcatIOn,and a
statement of any mater-
ial facts not already
given.If none insert the
word u none."
If any share has been
assigned or attached
that fact should also b.
stated her•.
State kind,form and (n)The balance for distribution consists of property in kind,form and
character of property
composing the balance h f 11lordistribution,and if C aracter,as 0 ows:any part thereof is not
cash,whether or not)there has been any elec-Cas h
tion to take such part
in kind.
·Are'there any advance-(p)
ment'by decedent to be
considered on distribu-
tion and has any distri-
bution on account been
made by accountant to
any distributtee?
(q)Give brief location of any real estate sold.
If prior accounts have ( )
heen filed.list number r
and term.
Wherefore your petltlOner asks that distribution of principal and income
be awarded to the persons thereunto entitled and suggests that the balance of
principal and income should be awarded respectively as follows (shares being
stated in proportions but not in amounts):-
James C.Pugh 1/2
Arthur N.Pugh 1/2
County of Washington,ss.
The above named petitioner being duly
sworn doth depose and say that the
facts set forth in the foregoing petition are true
to the best of h..i.s knowledge and belief.
Sworm to and subscribed before me this
7th day of.....$.§.P.t..~.m.Qsrr.,19 7..3..
And your petitioner will,etc.,
FORM INCASES OF INTESTACY
L'3-/{Y-3roNo..--V f ______Term.19 __A. A.
IN THE
ORPHANS'COURT
WASHINGTON COUNTY.PA.
RUSS ELL :"(;\;(1 NO
REG/S7 Ut (if:rilL/.S
WASH/Ni.'(."I GO.•PA.
u
Es,tate of Ma ude E.Smith
Deceased.
Sur account of ....~_~!E:~~__..~..~....~.~gh,.._----_..._-------------_....
Administrator
PETITION SUR AUDIT
In Conformity with Court Rule III.
Sec.5 (B)
COUNSEL FOR THE ACCOUNTANT WILL
SUBMIT HEREWITH
1.The letters of administration.
2.A copy of the inventory and appraisement.
3.Proof of advertisement of the grant of letters,
if not filed with accountant.
4.An appearance for those represented.
5.Inheritance tax receipts,if any.
6.Certificate of liens in case any of the funds for
distribution are derived from the sale of real estate.
7.Copy of Federal Estate tax return,if estate is
subject thereto.
8.Signed elections to take in kind,if any.
~9
,'
August 23,1973
Mr.James C.Pugh
30 Thirteen Street
Wheeling,West Virginia
Re:Estate of Maude E.Smith
Dear Sir:
You are hereby notified that the Executor's account will be
presented to the Orphan's Court for audit on Tuesday,September
11,1973 at 10:00 a.m.in the Washington County Court House.
It will not be necessary for you to pe necessary for you to be
present at that time,however,you may be present if you so
desire.
Very truly yours,
William C.Hart
WCH:pmm
1-
..,,to
July 20,1973
Mr.James C.Pugh
30 Thirteen Street
Wheeling,West Virginia
Re:Estate of Maude E.Smith
Dear Sir:
As you know,you are the Administrator in the above-captioned
estate.The Inventory and the Account have been filed.
Enclosed herewith please find these documents.
The account will be presented for audit in either the month
of September or October.I will notify you of the exact date andtime.
If you have any questions concerning these documents or
other matters in the estate,~lease contact me.
Very truly yours,
T:lilliam C.Hart
WCH:pmm
Enclosures
J
In :t4t <1lnurt nf <1lnmmnn Jltttn nf mnn4iugtnn <1lnunty,
'ttinnylttnnin <Orp4nnn1 <1lnurt littininn
ESTATE OF
Maude E.Smith,
Deceased
N 63-70-380o.__~-:.~=~_
In the matterofthe First and Final
'u"'"dAccountofJamesC.PU~L ,--';'A mr.
•I
ADJUDICA~-ON AND DECREE
An now August :l.'7 :t:.....,'19-7i.,this matter came on for hearing,
audit anddistribution of this session and testimony taken;and thereupon,upon due consider.ation
thereof gf~~B b2~nce for distribution in the hands of the Accountant is determined to be
$'.'and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto,be filed
sec.reg.or an appeal be taken herefrom sec.leg.
~~~~J.
SCHEDULE OF DISTRIBUTION
615.14
Balance per account ---,-I
Additional Credit -Audit
Balance ·
1
Deduct Clerk'sCosts·&Receipts &Advertising
Attorney ...:H;=.a_r_t:........=.:&=---=.:H:-a_r_t 1
Russell Marino,Agent -Balance of Transfer
Inheritance Tax $514.76
Interest from 6/13/71 to 9/13/74 100.38
$8,627.49
9.00
$8,618.49
39.00 ..A.",~55'!.J7.9:.49/~~t/141y~,~<..,..;.c.VVr.....I"r7 t-
7,964.35
James C.Pugh -1/3 residue
Arthur N.Pugh,1/3 residue
2,654.79
2,654.78
5,309.56
2,654.78
Samuel Smith -1/3 'residue
~.
No.63 -70 -380·~--
"
In the matter of the First and Final
,
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,AccQunt of James C.Pugh,.Achnr.
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I of Estate <;>f Maude E.Smith;
-Deceased
.1\~jullittttinu ttub Irtrtt
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S7""I ~l '".11 ('>I","1 \Ir-,tn ::i~,:).f.~._,:,',v.:suON1'11',.",,:'·I':)~<:,nl.l.~.r .'t I.j._'l,.v f CJ
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.,..--
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYL VANH
ORPHANS'COURT DIVISION
"
"
No.63-70-380
".1TRANSCRIPTOFPROCEEDINGS
Petitioner
vs.
IN RE:
BAMTJEt SM ITH,
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")g JAMES C.PUGH,Administrator .)I.
l;of the Estate of Maud1e E.,).'.,
...~"l'~Smith,Deceased,",.")'.,·"",.n
(I)11:1,"~t)if>t fi "....
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~BEFORE:
III
iii0::\&II-0::o~APPEARANCE S:
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THE HONORABLE PAUL A.SIMMONS,JUdge of
the said Court.
WILLIAM C.HART,ESQ.,of Washington,Pa.,
representing James C.Pugh,Administrator.
WILLIAM.JON McCORMICK,ESQ.2 of Bentleyvjlle,
Pa.,representing Samuel Smlth,Petitione~.
TIME:November 20,1973.
JACQUELINE HAMMOND
Official Court Reporter
Orphans'Court Division
&&Q ,m.w._
,,
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.
I INDEX TO WITHIN TRANSCRIPT
W I T N E S S Direct Cross
-JAMES PUGH,4 19
:5 MRS.LARCENA DORSEY 22z<
.~HOWARD DORSEY 25>-IIIZz SAMUEL SMITH 28 35IIJ0.
~ESTHER LEE 47 48
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MR.HART:If it please the Court,this is in the
matter of the estate of Maude E.Smith.When this matter
was presented for aUdit,the question came up as to the
distribution of the estate.We have discussed this
...
•.I•I'
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Is that .true;,Mr·:.McCormick?
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I agree.
t o'Mr.McCormick .'and I~,~ree .t,llat the .~atter is properly ._,
.",_tintheSurvival~ction.
in chambers with the Court and I feel the Court is
aware of the problem.I would like to point out at thi~
time and have the record'show that the matter concernin§
the question as to whether or not this was properlY in c
Wrongful Death Action or a Survival Action,which was
raised at the time of the aUdit,has been.r~solved and..
McCORMICK:
COURT:
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:Jo~THE COURT:<u~Smith.o
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Mr.McCormick?
Did you enter your appearance formally,
Nottbda~J but at the audit I did.
You are here representing Mr.Samuel
MR.McCORMICK:
MR.HART:
Yes.
I am representing the Administrator,Mr.
Pugh.
THE COURT:I think all persons who are involved
here are present before the Court.Isntt that true?
There are no.persons who should have been notified who
·werenlt .
MR.HART:
THE COURT:
Hart.-MR.HART:
No,Your Honor.
You are representing all interests,Mr.
I am.
..James C.P~gh and Arthur N.Pugh are concerned •
I unde~stand,tfu~issue here is as:to whether or not
f '.r ~I ...
Mr.Smith·is entitled"to 'a one thirdfinterest in this
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Correct,Your Honor •
Letts take some testimony on this.As
very good.As far as the two claimants,
Thatts right,Your Honor.
And Mr.Samuel Smith is represented by
Mr.McCormick.
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Le t ~staker t~·;tiinoty.~'~,L ~\...~",.
We will call Mr.James Pugh.
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JAMES C.PUGH IS CALIED AND DULY SWORN.
DIRECT EXAMINATION BY MR.HART:
Q Will you state your name,please?
A My name is James C.Pugh.
Q.What is your age,Mr.Pugh?
I'm presently employed by the Ormet Corporation,Hannibcl,
Ohio.
What was your former occupation?
Bethlehem Mines Corporation,Mine Number 58,Marianna,la.
How long did you 'work in Marianna Mine?
Approximately 18t years.
30 Thirteenth street,Whee'ling,West Virginia.
How long have you been r'a re sident ~f';We s,t Virgiriia?
"/
I went to Wheeling,West Virginia in December,1966.
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And where did'you live 'pri6~to'that?i"1 '
45 Cemetery Road,Brownsville,Fa •
.-
What was·your mother's name?
My mother's name was Maude E.Smith.
Do yo~have a family?
I have a wife and nine children.
I am.
Where were you botn?
What is'your occupation?
Are you married?
42.I will be 43 on December 27th.
Marianna,Fa.
Where do you live at the present time?
.75 Thirteenth street,Wheeling,West Virginia.
How long have you lived there?
Approximately'two years at/this address.,•,","~l"I .,.
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Where did you live4 prior .to\that't"i'ine?"'..,.f .~
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And is she living?
She is presently deceased.
When did she die?
.March ;):,:B,1970.
Will you tell us briefly the circumstances concerning
her death?
She was involved in an accident,on College Street,around
the area,I think it was Spruce,when she exited off
the bus and she yias crossing the street and was hit by
a vehicle and subsequently died.
It was an accidental 'death.
Yes.
"
Whe:r;~,was,!;this,.i;J.the
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Yes.
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Have you been appointed,aa Ad~ini~trator of her estate?
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What was your fatherts name?
My fatherts name was James C.Pugh,Sr.
Is he still living?
He is,deceased.
When did he die?
I believe he died December 25,1936 or t37 •.
Do you have any brothers?
I have one brother,deceased.He died July 4,1957.
I have one brother,Arthur;hets a sergeant in the
United states Air Force.
---------------------~-----------:"---
James Pugh '7
'Q Where is the brother who is in the .Air Force?
A He resides in Maine.Itt s Loring Air Force Base,Maine.
Q Have you discussed the situatibn()1 with him?
A I have.
He is.
Does he have a family?
A wife and two stepchildren.
Is he a career m'ilitary personnel?
Was it agreeable for you to
,,
THE COURT:
Is he aware that we are having a hearing today?
;o'
go ahead with'this hearing,is that right?'
Yes,it is~
Is he married?
How old was your mother at the time of her death?
I believe she was 57.
today?
Like 16 years,I believe.
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Did he express the fact that he would not be present
He is.
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He expressed the desire to "bEl here;~but he said there
isn t t an.ything he could add that'i 1.wouIdn t t te stify to.
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Q And where was she living at the time of her death?
A , I think the number was 33 Spruce or 53 Spruce,something
like that."
Q In the City of Washington.
A Yes.
I James Pugh 8
Q How long had she lived there?
A ApproximatelY a year.
Q "Where had she ,lived prior to that?,
A She lived just behind this residence on Spruce Street,
just behind it in an 'alley behind that.Itt s not on the
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At this last time they separated,about t62 or t63,some~hing
street there.
Until the ti,me of 'death',aJprbxYmately.
Where did Mr.Smith live?
Washington?
Approximately four or five years.
How lo~g has it been'sinc.e she live'd with her husband,
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So that it would be approximately eight years.
like that.
Do you know how long she had lived in the City of
House 30,Maxwell,Pa.
Is that Washington.County?
Thatts in Fayette County.
A
"Where was your mother employed at the time of her death?
F.W.Woolworth,South Hills Village,Route 19.
She was a salad girl in the cafeteria.
Q How long had she been employed?
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A Approximately 5 years.
Q Did sh~have~a previous employment?
A She had worked at the Washington Hospital prior to going
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(::Jut there.
How long had she worked at Washington Hospital?
Roughly a,cQuple,three years.
."./-Where did she l·ive when'she worked 'at the Washing'ton
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Hospital?
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She was rooming here in Washihgton wit~~rs.Della Rice
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and Mrs.Carr.ie Clark.
•I [.Jo f ~IHowoftendidyouseeyourmother?'".,t
I saw her frequently,like at least once a week.I talKe~
to her regularly.
Now you say you saw her at least once a week.Did you
com~to visit her home?
Right.
Will you describe briefly what type of a living arrange-
ment she had?.
Well,the home that she established here,'she lived on
Walnut Street,and she lived on Spruce in this house bet~een
Walnut and Spruce.And she established these homes
through the remnants of the home that I had at ,45
Cemetery Road.And this is what she made her home out of
the beds and the couches and tables and chairs and
refrigerator and whatnot.And she had graduated from
rooming with different individuals to establishing 'her
home.
Q You said that you visited her at least once a week.
A
Did you visit her in her home?
I visited whAn C1hA i.T::1~i",a ..,,,,r!T n-l ~-l.J-,",-:I _1
in her various homes.
Q Did she visit in your home?
A She would visit there occasionally.
Q What would"she do if she had a vacation,holiday?Where
would she spend it?
Right.
I think you 1re speaking of her father.
She would spend it with me and my family usually with
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Where did her father "live?,.
occasions.
vacations with him?
her mother---I1m sorry,with her father on alternate
Itm talking about Mr.Smith now.
Marianna,Pa..
During this period of time since she separated from Mr.,'"
",
Smith,did she ever spend any of her holidays or
She would go out there occasionally on her offdays and
vacation,ahdnprepare for him and wash and clean his hou~e
when his wife had died.
,
Mr.Smith?Itm sorry.I didntt understand you.Mr.Smi~h,
to my knowledge,she hadntt visited him since her last
separ,ation.
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When did you say that was?
I believe it was approximately in 162 or 163,roughly.
Q Do you know how much money your mother made?
A Between $3500.00 and $4000.00 a year.
Q Did she ever discuss her financial situation with you?l-.---------1I1---------,---------,-------------~__+_--..,..I
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A
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Ja:me c::PUP'h
Somewhat.She didn't go in great detail on.it.
At the time of.-.he~·:ldeat~,:d,id.she ~~ve,~dY'ban~aC90unt~
or savings accounts?,.',
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She had a bank account in,the bank,~n Brownsville,Pa.;..tt"..•.'...-...l-
I know she had one for "my brother,Art."They were co-owrers.
She had one in Washington I in'tr'u'~t'i~;1nYSelf.They were
approximate,ly $1,000.00 each.
Did she have any other savings accounts?
a
She had/Christm~s savings club that she had accrued during
the year of her death.She had two of them,I believe.
What amounts were in those?
I think one was $8,.00,roughly,and one was,I think
a little less.It might have been $40.00 or $50.00,
something like that.
Mr.Pugh,did you ever give your mother any money for
~assistance or did you ever help her in any way?
l<-o:~A My brother and I both contributed to her whenever she
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:Jo~frequently an~in establishing homes,we would give her
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needed.
Q How often would this,occur?
A Well,it was as often as she needed it.And she was moving
rather frequently in the last four or five y~ars of her
life.Whenever she accounted debts or things and she ne ~ded
money,she would approach my brother because he would
James Pugh l2
be here to assist her.
Q Do you know whether or not she received any support from
her husband?"
,.
A She informed me that she had a Court Order pending back
in 156.,157,I belieye.And she said that he had been
I believe it was 156 or 157 •
Did you ever see Mr.Smith during this period of time?
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I saw him occasio~ally"yes~
What would be the occasion you would see him?
Well,in some peri?ds there,in the±r disputes,I would
see him in Brownsville and we would talk about their
No.
Would you clarify that?
Did you see Mr.Smith?
order'ed t,o'pay )h~r 1%8q .90'.[)e;r mon~D.~nd~he r~~~ived one
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payment to this Court Order.',", '
She.had never received anything other than that?
'What period are you speaking about?
From 1955 to the time of her death.
'Wha t was the date:of that Court,·Order?
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difficulties and I would try to encourage him.And I.
talked to her and tried to encourage her to get back
together.And I think the last time they got back
together was at my recommendation.The last time they
separated,she says that she felt :Cearful of her life.
She had got his household weapon and asked me to:ifile tt e
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firing pin from it,because she felt he would do her
some hare And the last time she lived with him,she left
because she was fearful of her life.They had a fight
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and argument.He had stricken her with an iron instrumept
of some type,a poker,I think.
Letls go back a little bit.What was their main diffictlty?
She contended that he was not supporting her.They lived
separately.He did his own washing and ironing and
whatnot.He didnlt give her any funds to run the house
with.He didntt give her allowances.
THE COURT:Sustained.
MR.McCORMICK:Ye s.
this testimony,Your Honor.I dal It believe he
has---
Mr.Pugh,of your own knowledge,do you know of any
difficulty that your mother had with her husband?
11m going to object toMR.MceORMICK:
1 1m stating what she told me.
THE COURT:What are you objecting,
on the grounds of hearsay?
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A My mother was the type of woman that she did not argue
in front of her children.I recall.distinctly one time w~en
I was a young boy,when her and her boyfriend were havin~
an argument and we being her children,we interfered.
she stopped the argument immediately anq took us all
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upstairs and corrected us.And she told us that she
was a woman,she was our mother and she is capable of
handling any situation we got into.Anytime there was ar
argument occurred between her and my stepfather,she wOl11d
not allow us to be present.
Now you testified that on one occasion,the last occasicn
that they separated,she asked you to file the firing pir..
I did.
Where did that occur?
Shortly before theirllast separation.
Where did it occur?
This is in their home in Maxwell.
What actually did you do?
It was a pistol,revolver.It was a firing pin;I
cocked it and I filed it off.
Why did you do that?
At her request.She didn 1t want the pistol to be fireab18,
in case, he would get angry enough to attempt,to use it
on her.
rhusband.'.
I think you stated that on this occasion or near this ti~e
that you~mo~her had been mistreated or abuse~b¥he+
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A'Right.This is what she informed me of.
MR.McCORMICK:1 1m going to object to tlat I
too.l ",
THE COURT:We sustain the objection.
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any of these things of his own
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well,1 tm asking if he does know of his own know~edge~
Mr.Pugh,do you know of your own knowledge that he
mistreated he~?Did you see any marks on her?
Oh,1t ve seen an,occasion where she had bruises on her
arm and things,and 1 asked her how it came about and
she never told me,of course.
Mr.Pugh,what was the condition of your'motherts healtb?
She had a heart condition from-birth.And 1 think that
she had an operation in the early sixties.She had open
heart surgery and it was ~.success.This subsequently
allowed her to work and hold down a job and be self
supporting.
~fter the operation,what was the condition of her
.health?
She had a year or so she recuperated,but her health wa~
normal.
Was it necessary for her to have periodic checkups?
Yes.She went back to her doctor at Centerville Clinic
periodicallY to check her over.And from what 1 learned
from her,she was making good progress and she was soune
as far as her mart was concerned.
A
Q So that except for these periodic checkups,she didntt
have any difficulty with her health.
No.
-----------------------,,---~
This heart condition had nothing to do with her death.
No.
Are vou a member of the United Mine Workers?
I formerly was.I receive the Journal monthly.I think
itts twice a month as a former member,but I was 18t
years working in the coalmine.
Are you familiar with the United Mine Workers Welfare
Fund?
lh
Fairly well.
Under this Welfare Fund,as a wife of a miner entitled tp
medical benefits?
Definitely.
Is this merely by being technically'married to the person?
Yes.
How is this matter paid for?
Itt s through the fund on the royalties that are derived
from the coal mine and the United Miheworkers'Welfare
Fund pays it.Well,she went to the Clinic.They paid
any operations,hospital care,drugs,etc.,and this is
as a result of being a member of it,dependentts wife or
anything.
Did this cost the miners anything?
Just belong to the United Mineworkers.
MR.McCORMICK:,Itm going to object to his
too,Your Honor.I dontt see the relevance •
."
THE COURT:'
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Well,it t,s,relevant"but ;,,.'
--------------------------------.-------.
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Idontt know about the probative value of it.
What he~s trying to show is----
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MR.McCORMICK:I know what hets trying
to show,but I dontt think it has any bearing.
THE COURT:We will overrule you on
that.We will weigh it for what itts worth.
MR.HART:I think if Mr.McCormick
knows what I am trying to show and if the Court
feels itts relevant,I think it ought to be
admissable .'
THE COURT:We sustained it.
Thank you.Mr.Pugh,are you sa~ing that these benefit~
that are received from the United Mineworkerts Welfare
Fund does not cost the miner anything?
You mean out of your pocket?No,it doesntt cost anytting.
Then these payments are made----
You have a form when youtre admitted to the hospital,
youtre qualified under the United Mineworkerts Fund.
You have a form that you fill out when you enter the
hospital,or if youtre going to a specialist,they have
the forms to fill out and you submit it and they pay
the bill.
Q At the time of your motheris death,who ~ade the funeral
.arrangements?
A I did.
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Q Who paid for the funeral?• I'.
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A My brother and I did.
Q Did you contact Mr.Smith at that time?
A I contacted him immediately ~pon learning of her death.
Q What was the result of that oontact?
join my brother and I on the contingent fee for the
me in.I went up to him on one occ~sion to ask him to
After we got into this action that youtre representing
participate in the death.He would not be at the funera~.
is necessary.
Did'he,in fact,appear at the funeral?
No,he did not.
When were you contacted by him after the funeral?
He said for me and my brother to go ahead and do whateve~
He informed me that I could make all the preparation
necessary to bury her.He expressed that they had not
got along in life and he could see no reason why he shoLld.'
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laWyer to sign ,the contract.He said he wanted to go
to his lawyer to have it checked out.And he said he did
not w~nt to sign.We talked after then,he said he felt
that he would want JdJo enter the action himself,and that
any proceeds derived from it,he would leave my brother
and I in his Will.And so we proceeded from there.
Q Who were you represented by at that ,time?
A 'Well,I have an attorney that represented me out in
Wheeling,West Virginia,recommended you here in Washington.
Q When this transpired,you were representedlF Miss
Valentino.
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Miss Patricia Valentino.
Of Wheeling,West Virginia.
Yes.
Mr.Pugh,to the best of your knowledge,during at
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least one year prior to your motherts death,did Mr.
Smith contribute anything to her support?
To my knowledge,what she tells me,he hadntt contributEd
anything.
MR.McCORMICK:It m going to object.
THE COURT:Itt s sustained as to what
the wife told the son.
Of youro~knowledge,do you know whether or not she
did,Mr.Pugh?
Of my knowledge,I dontt know of him contributing
anything.
iiiffi Q Cros s examine.
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Q
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You say your mother was employed in a shoppin~center
here in W~shington.~,
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No;on RO,ute 19,Soutn Hills·Vil1.-a'ge 'in EittsQi.u:gh:."
Q What was her job again?
A She was a salad girl in,I think ~he"narh~of the place...
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is the Harvest House or something like that.
",."I think tb,(3.t'she d~d ,.yes.
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I think I said the early sixties.The exact date,I do not
She lived with him after that period of time,yes.
You testified that your mother had an operation.
She had a serious heart defect,is that correct?
No~after 1957,where did your mother live?
I moved to Brownsville in 1957.And I remember her 1i ing
with a lady called Miss Cousins,across the hill from he.
Didntt she live with Mr.Smith?
And that Mr.Smith made one payment under the Court Or ere
This is what she told me.
of Mrs.Smith,your mother.
That 1 s right.
And you said this Court O~der was back in 1956 of 157.
That 1 s right.
a Court Order which existed on Mr.Smith for the suppo t
,You testified on direct examination that you knew of
Q',~Do you know what her salary was?
A I have the exact figures on this.As far as in my heac,
I dontt have them ,in my head.But I estimate her sa1ar\
to be between $3500.00 and $4000.00 a year.-Q
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Q Do you know how the operatio~.was p~i~for?
A Through ~he United Mineworker 1 s Welfare 'Fund.They paid
for her operation,her transportation down and back.
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Q They paid for her as the wife of Samuel Smith.
lA Thatts right.And they were~_l±ving together at that time,
sir.
Q Now after the oweration,where did your mother take up
residence again?
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With her husband in Maxwell.
Sam Smith.
Right.
What was her general physical health at that time?
She was in the recovery stage.
Was she bedridden part of the time?
No.She was'instructed to do the normal things that
she did as a housewife as part of her ther.apT-for reCOVE ry.
What was the nature of her heart ailment?
I be lieve it wa s a valve.I dDn I t know for certain.I th nk
she said she had a leaking valve or something like that.
After the operation,how long did she live with Mr.
Smith?Can you give us an approximation?
Approximately a year or two.
And then she left and came to Washington,is that correc ?
I dontt know if she left and came to Washington or
what.I know she left at that time.I think she went
to Brownsville.She lived several places in Brownsville.
She lived on Jackson Street.She was up there in this
place I just spoke to you about.
".'
;,'\<I,f ,-How old was your,fP:0th~;r'.at;;~na t.time,of .~e,.r ~eath?
A I think she was 57.
Q'I don t t have any other que stions•
Q Do you know when she ~",married Mr.Smith
A I be 1 ieve it wa s t 51 .
•MR.HART:No other questions.
(Witness excused).
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~MRS.LARCENA DORSEY IS CALLED AND SWORN.,
II:...BDIRECT EXAMINATION BY MR.HART:
Will you state your name,please?
,.
Mrs.Larcena·Dorsey.
Where do you live?
1200 Sixth Street,Marianna.
,How long haye you lived there?
This last time';31 years.
,,
Are you married?
Yes.,,.
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Q Were yoU related to Mrs.'Maude Smith?;,,",,~.I
A Sister-in-law.
Q In other words---
"J.,
A She married my brother.
Q Sremarried your brother,Mr.Pugh.
A Yes.
M1"Q DorseY
Q Your maiden name was 'Pugh.
2?,
A Yes.
Q Mrs.Dorsey,I call your attention to a year,about 1953,
and ask you if you were employed at that time?
A Yes.Thatts'when I became employed at the Washington
«Hospital.
z«~Q Did Mrs.Smith work at the hospital with you?
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And where did ,you live at this time?
I lived in ,Marianna.But I roomed in Washington until my
day off •
Did Mrs.Smith live with you?
Yes.We both roomed several places.Della Ricets,we
roomed there.
How long did you live together while you were working
at the Washington Hospital?
We lived there for about six months.And then we lived
at Houston Street during the winter of that same year.
,Did Mrs.Smith live with her husband during this period<
No.
Did she later take other employment?
Did she later take other employment?
lYe.s.Did she leave the 1}ospital?
,I ~
Weli,she.got sick at the hospitai,;a~d·ft:b.en·'sh~went
to work out in South"Hills Village.
Do you know how long she'worked i~South Hills Village?
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A well,the last time we were talking about how long she bad
worked,she was saying it was five years she had worked
there.
Q Did you visit her very often?
A Yes,I visited her like once a month,because on my way
«to work sometime I'd stop at her house.On her days off,
z«~sometimes shetd come out to my house in Marianna.And>-IIIZ~shetd come home to her motherts and fatherts and shetd visit
II.
Do you know how she supported herself during this period
of time?
I .No,not that I know of.As I said"I ~ca:q ,only go by what
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she said,because she said he didntt support her.
, I
me while she was there.
Not that I know of •
Yes.
During the period that she worked at South Hills;do
you.know whether or not she lived with Mr.Smith?
During the period she worked at South Hills?
.,.
She had a .~alary where she liorked ...'.
Do you know whether or not Mr.Smith supported her at all?
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MR.McCORMICK:1 1m going to object to
that too.
THE COURT:
MR.HART:
Sustained.
Your Honor,we would call
the Courtls attention to the fact that there is
no :~jury here and the Court can-----
THE COURill:I think he has to object
though.
MR.HART:He can object,but I dontt
vant him to object to every question that is asked.
THE COURT:I don't think he's objected
husband?
what she told me.
Yes.
(Witness excused).
I have no questions.
That's all the questions I have.
to very much here so far.I think hets well
within his rights to object to,hearsay test1mb~Y.
Mrs.Dorsey,did you know anything of your own knowledge
of the marttal difficulties that'Mrs.Smith had with her
No.I dontt know anything of marital difficulties;o~ly
But you knew,as a matter of fact,that she did not
live with him for a long pe~iod of time.
McCORMICK:
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,..I call-Mr.Ho~ard P9rsey •.-
HOWARD DORSEY IS CALLED AND bULY SWORN.
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DIRECT EXAMnJATION BY MR;HAR'T:
Howard Dorsey.
Q
A
n
Will you state your name,please?v •
,,..
A Marianna.
Q Are you the husband of the lady that just testified?
A I am.
Q Were you familiar with Mrs.Maude Smith?
A Yes.
Q-Did you see her very often?
To the best of your knowledge,did she ever live with h'~
during that period of time?
Yes,she lived with nim;not this last five years that
Yes,pretty often.
How often would you see her?
At least once a month.
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did ·liv~.other places other than wtere
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her husband?
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Not that I know of.
Do you know that she
he lived?
And where was she living in the years prior to her deatb?
Well,I knew her when she was staying at Maxwell,Marianna
and Washington,Brownsville.
Do you know whether or not,during the five or six years
prior to her.death,whether she lived with Mr.Smith,
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you're talking about that I know of.But I knew her whey
she was living with him.
Q Mr.Dorsey,what was your former occupation?
A Miner.
Q How long did you work in the mine?
A 50 years.
Q Are you presently retired?
A Itm presently retired.
Q Are you familiar with,the United Mineworkerts Welfare Ftnd?
A Yes.
Q And is the situation which Mr.Pugh testified to correct
Right.
Thatts all the questions I have.
as ~ar as the contribution made by the miners?
Ye s.
In other words,this is supported by royalties from coa:,
rather than from any contribution by the miners themselves.
I have no questions.McCORMICK:
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are fringe benefits that go with the contract,arentt
Mr.Dorsey,that is hospitalization and clinical benefi s
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BY THE COURT:
they?
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THE COURT:Any other witnesses?
MR~i"HART:Thatts all we have,Your Honor.,
t ,t'•,•THE COURT:Do you have any motions?
MR.McCORMICK:May we approach the bench,Your Honor?
THE COURT:Yes.
--------------------------------
thie time would like to
---------rr--------------------------~--
======tt==========~M~T'=~n(")T'~-·~~P.~v.============~2~)P,~I
,ded •".1iJ irz ISIDEBAR,not recor~;j.~.
mY.)?JI1cCtJ~11 tc/(/It-,-
MR.McCREIGH~The Petitioner at
motion,overrule you pro forma,and hear from your
./
client at this"time..•,,,..,.,..
make a motion that the Respondent has failed to carry
forward its burden of proof in this matter to show a
wilful neglect or refusal to provide support for the
decedent prior to one year and upwards before death;
andttherefore,I would request judgment in favor of
the petitioner at this time.
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~SAMUEL
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:SMITH IS CALLED AND DULY SWORN.
EXAMINATION BY MR.MCCORMICK':'
Would you state your full name?
Samuel Smith.
And how old are you,Mr.Smith?
Are you presently employed,Mr.Smith?
No,I am not.
Are you retired?
That t S right •.
What was your previous employment?
A U.S.Steel.
Q What did you do there?
A I was an operator of a machine.
Q What type of machine was it?
That 1S right •
You have been retired since 1968.
..Where is your present residence,Mr.Smith?
Cutting machine.
How long did you work for U.S.Stee1?
1928,and I quit in 168.
You quit in 1968.
The last of 168,yes.
How long did you work there prior to that time?
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He said he worked 40 years.
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THE COURT:
128 to 168.
Where.is.that?
Maxwell.
How long have you lived there?
-i oi.
When you say you ret:trecf'in 1968.
Ever since 128.
~That1s in Fayette ~ount~.
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A That 1s right.",
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Q After 196d,until the present date,how much money have
A
you received as retirement benefits?
Well,I received miner 1s payments,'pension,and Social
Security pension.I was 65 before I got the Social Security.
Mr.Smith
Q How much does that amount to?
A 'I first started out,it was $126.00 a month on Social
Security.
"You retired·1969.
Has it increased?
that time.
He doesntt understand you.THE COURT:
When I started out it was $115.00.
At the time Maude E.Smith died----
I was on my pension•
At my wifets death I was working---No,I was---
No.
Yes.$150.00 now.
How much is your miner ts pension?'
.~
No,the last of.,t6'(),apd'1969 /was ·my first yea!:,'
At the time of your wifets death,you were retired at
In 1970,Mr.Smith,were you retired?
Yes,I was retired because I was off Qne year,1969.
You were not retired at the time of your wifets death?
How long had you been on pension?
From t69 to t70,two years.It wasntt quite two years.
She died in March.
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Q When did you marry Maude E.Smith?
A 195"1.
Q Where were you married?
A Uniontown Courthouse.
I
Q
M1",~m i t:h
And did you begin to live together as man and wife
at that time?
Thatts right.I moved out to my place then.
,,Now Ifm going to ask you to tell me in your own words,
more or less a brief history of the marriage.And Ifm
going to interject questions from time to time.
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THE COURT:Letts get right·down to
the point.The point is when did your wife
leave you?
She'left me in 165 or t66.
THE COURT:
leave her?
No.She left me all the time.
She left you.You didnft
Ifve been right there,
everytime she came back,over a dozen times,going away
and ~?ming back.Sh~never was locked but.
'.
,TEE COURT :~~•
She always was accepted back.
,You'always',wanted her bac k..',
THE COURT:I'In'/other words,you woulc
have accepted her back if she had come back.,
•~r fIfshewantedtocomebackwhen'she left,she could
come back if she wanted to stay.See,in 160,she had
me arrested.Judge Bane had me up and I didn 1t have no
job.
THE COURT:
after 1960?
Did she ever live with ycu
A'Yes.I brought her back in t61.She lived w~tfiQme[fr.om
----------------..-------------------------------------,----------,
t61.
CONTINUED EXAMINATION BY THE COURT:
or prosecuted'for non-~upport?
Q
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~id you ever ~efuse to support her?
No,sir.I didntt know where,she was.Itm working midnight
shift,I dontt know where she is when she leaves.
After that,after t65,did she ever have you arrested
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she got the operation.
Did me use your mine benefits for that?:
,"
Yes,the welfare card.;h~tts why.she,~?t it.Then when
she went to the hospital,I gave her some money to go tb~re
with •
Is that when she was separated from you?
No,thatts before,when she went to the hospital to be
operated on.I went downtown and bought all the clothes ~nd
'everything.for her to go to the hospital.After she was
in the hospital,I was working midnight shift.
Did you love your wife?
Sure I did.If I didntt love her Itd re ver be taking her
back.
MR.HART:If it please the Court,
,.
ltd like to make a general objection to this fopm
of testimony here.I prefer that the witnessts
attorney ask the questions rather than have the
t-.-------tt------------------,.----------------+----!
-~------~---------------------------------.------.
Mr.Smith
Court interrogate him.
THE COURT:I just want to get to the
root of it because we dontt want to go through
his entire marital life.We dontt have time
MR.McCORMICK:I thought the history might
more establish.his positron,YO,ur',Honor'.
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THE COURT:Just'keep it r'elevant.
MR.McCORMICK:Yes,I have a few.
THE COURT:Letts make it relevant,
since 1965.We dontt need all the history prio~
to that time •
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MR.HART:
THE COURT:
Mr.McCormick?
I agree with you.
Do you have any questions,
your own personal knowledge that she was going to the
.........,
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~CONTINUED EXAMINATION BY MR.,McCORMICK:-r':J ..•.I -I .'o "~Q From 1965 until your wifets death,Sam,«Ui;:
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Centerville Clinic?
did you know of
A Sure.
Q How did you know that,Sam?
A Because I had a lot of friends see her when she went the e.
Q Did you know what she was going there for?
A Yes.She was going to the doctor.
M1'"Smi th ~c:{
fit No,I never threatened her life.
Q Did you ever beat her?
A No,I didntt beat her.
Q I dontt have any other questions.
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>-III~Q ,Mr.Smith,I am somewhat confused about when you quit.
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work.you 'said you quit in 196~.
Yes,thatts my last year.
Did you'quit or retire?l'
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I ~retired ~,,"" "f ',~,'"
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Well,you said that ,~ou quit.I thought you left voluntcrily
,:,
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•.....!....f
How much-did you receive in',the,way of pension at that time?
Well,when it started off,I got $115.00,John L.Lewis.
And I signed up for Social Security for 20 percent cut.
That gave me $126.00 a month.
When did you start receiving that,in 1969?
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A Well,I had to be off a month to get John L.Lewis
,pension;t69 is when I started,about that.
Q Did you also receive Social Security?
A Yes.
Q And what did that amount to?
A '$126.00 a month.
Q That would be on tOD of the TTnited Mi :w 'kertQ hAnAf'it:.
A Yes.
Q So what was your total income at that time?
A Just them two monthly payments.
Q You stated ~hat your wife had you arrested.Why did she
,
have you B:rreste'd?"~'i .-,,
I said she had me arrested in '60.The mine was worked
out.I didntt have no job.When I ,signed for my unemplcy-
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ment checks,it was done until I had a preiod I had to iJait
"
IuntilIcouldsignagain.She was living~around Jacks0r
Street.Then she had me arrested.She was on relief ane
she had me arrested because the Welfare made her do it,
I guess.I dontt know.But the JUdge told her I had six
months waiting period until I get a job.
What did she have you arrested for?
What did she have me arrested for?I dontt know what
she had me arrested for.She was living around there.
Weren't you ever informed of the charges that you were
arrested for?
I dontt know why she had me arrested.
THE COURT:youtre misunderstanding.
He admits that he was arrested for non-support
Is that correct?
A Thatts right.
THE COURT:He admits this.He ts dis-
cussing why and you're asking what was the
charge and hets trying to answer why he was
-----------------------------,------:------.
,,
arrested.He doesntt know why,evidently.-
Q At that time,were you placed under a support order?
A He gave me six months,told her I had six months waitin
period to get a job.And if I don't have one in six mon hs,
I have another six months.That was in t60.And f6l,
in July,after the minerts pension,I.got a job.I
went back to work.My first pay I made down there,just a
half pay,I was working three days one week and four
days another.And the fir st pay I -~oved her back with mE
in t 61.'.'...~,~~'.
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Were you ever under.a~y other support order?
IWhenshefirstleft·the .first·time',I was ~,I
her she was welcome back home •
And I told
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Isntt it true that·you were'unde'r"a support order folIo'\'ing
that time that your wife brought an action for support
against you and you were ordered to pay $80.00 a month?
I'll tell you the truth,I couldntt make that much mone~
at that time.
TEE COURT:Let's establish when you
I wasn't paying no alimony then to her,nothing;wasntt
supposed to.
~~~~--------------------------------,---------,
THE COURT:See,hets explaining the
Judge gave him six months before "he had to pay ~nd,..r ~,'
six months'to get "ajob;that"ne went"and:got a
job and then she went back and lived with him.
Is that right?,4'.,t -i I ".It.
So she lived with you forTHECOURT:
Because she didntt want to live there.She didnttwant
Yes,I did that too.
When was that?
That was around in f53 or t54.Somewhere along there.
Thatfs right.Then she got qperate?whe~she came back t at
time •
Did you ever bring an action against your wife for divor e?
about four years after that.
And she rejected.She wouldnft give it to me.And she
,~always said shetd never give me a divorce.Thatts her w)rds.
Why did you bring the divorce "action at that time?
We 11,why did I'1
Yes.
to stay.And I didntt want to make her stay someplace wh~re
she didntt like to stay.
Q You brought the divorce action against her,is that corr~ct?
A At that time,yes.
Q What did "you allege as your grounds for divorce?
A She leaving me all the time,thatts why.
Q Why did she leave you all the time,Mr.Smith?
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A Don t task me;I don tt know.
~Isntt it true that you abused her?
A No,sir.
Q Isntt it true that her son,Mr.Pugh,had to remove
the firing pin from a gun at one time?
He never removed none of mine;maybe some of his.And he
always kept them hid from them boys.a~d things.Maybe onl3
",..:,
Did you ever abuse your wife?Did you ever strike her with
No,I didntt.
Mr.Smith,are you aware of a Court Order of the Court
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of his guns;no~:mine.
a poker?
No,I didntt.
Never abused her1,
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J:~of Common Pleas of Fayette County,Pennsylvania,dated
~November 15,1966,ordering you to pay cotmsel fees
l-ll:
~and alimony pendente lite to your wife?\&I
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~A Counsel fees?:JoU .
.J Q Ye s •.I show you a copy of an Order of Court.<
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[A What counsel?What was her counsel t s name?o
Q This is an Order of Court from the Fayette County Common
Pleas Court.Do you remember seeing that?
.THE COURT:Letts see what this is .
A No,I never seen it.
THE COURT:I think youtd better show it
to opposing counsel~
Mi'~mit.h hll
~MR.McCORMIC:K:Ijwould like.to.see that.
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A I never seen nothing like that.I never owed her counsel
nothing.They never approached me "for paying anything
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THE COURT:
•
He wants tb show it to the
know whether or not the order was made.
witness.Do you have an objection or not?
probative value,relevancy or anything concerne~
with this.
fairneps,this has to do with the stipulation
between two lawyers.He wouldntt know anything
about this.
I dontt understand the
You dontt know anything
Well,I think that he would
He said he didntt know.
You see,~Hart,in all
THE COURT:
MR.HART:
MR.HART:
THE COURT:
MR.McCORMICK:
about an order of Court dated November 15,196E,
ordering you to pay counsel fees and alimony
pendente lite to your wife?
No,sir.
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read that into the record now,so that we know
what the order is.Because that is not fair here,
because that was a stipulation between two lavvy er s.
MR.HART:I dontt see what is unfai~
--------.-.-------------------------------r--.......,
1 .,
about it,Your Honor.Itt s an Order of Court
which was directed--
TEE COURT:Letts read that Order into
the record.
I says b~.know about it.He mayor 'may not.But he
'doesnft.',In all fairness,you ought to read itt 1n..,
MR.HART:I maintain,Your Honor,
reCow.d,this is in the Court of Common Pleas of
Fayette County,Pennsylvania.The caption is
Sam Smith versus Maude Esther Smith.Number
to'Stipulation by and between counsel for the
respective parties,it is ordered and directed
that the plaintiff,Sam Smith,pay the sum of
$400.00 to Robert L.Webster,Esquire,9 Court
Street,Uniontown,Pennsylvania,and Lawrence
D.McDaniel,Esquire,Blackstone Building,
East Main Street,Uniontown,Pennsylvania,
between two 'attorneys.He .wouldnft necessarily
·1
I will be glad to read it in.,
It fS .not,a stipulation wl:ere
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witness/This isa stipuJation
Read it in.
For the matter of the
And Now,November 15,1966,pursuant
TEE COURT:.
MR.HART:
TEE COURT:
MR.HART:
tl Order:
•t.,'.-'"itt~'directed·to this
this Order states specificallY and I will read :t.
and term is NUmber 370 September Term,1957.
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within 30 days from this date,counsel fees and
exp~nses in theaboye'-style'd action.By the
Court,Bane,F..J.II Now.may I:continue to ask
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questions on this?
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Mr.Smith,did you ever pay any of this money under
this Order?
No.I didntt know anything about it .
Are you saying you never knew anything about this?
Not me paying that.
Do you know Mr.Robert L.Webster,Esquire?
:t..~A Yes,-I know him.
!Iiffi Q Was he representing you at this time?
t-Il:~ANtIIJ0 me.
Il:
t-~Q Who was he repre senting?ou
~A He must have repre sented my wife.
u~Q Do you know Mr.Lawrence McDaniel?
A I know him too.
Q Who wa's he repre senting?
A He was representing her too.
Q Were you represented by counsel at this time?
A Yes,I was.
Q Who was your attorney?
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Q You are stating Mr.Duffield didntt tell you anything
a bout this Order.'
j "'."•'J ,'ftheSenateand he
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never knew:"anything ,about',it?,~"r-+"',./"'..."-..~\)'it {'•.1""~_•If 1 f.
sir.See,he went to work onNo,
No,
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never did tell me nothing.,,.'.THE ~;CO URT :,,
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a senator::
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Mr.Smith,how much money did you give your wife during
the year 1969?
t69?I didntt count how much I'was giving her because :
was working and I brought my money home.
Did you .give her any money at all?
Yes,I did.
How much money?
T bring my pay there and shetd get,what she wanted out
of it.
1969?
169.No,I didn1t give her anything then because I was
on my pension.
You didn't give her any money at all during 1969.
Well,I said no.I didn't see her that much then.
How about 1968?
Oh,yeah.I gave her money then.
How much money did you give her in 196d?
hi
A To tell you the truth,I didn't·~~y to ~eep up with
it.When I'd meet her I'd give her ten or twenty dollar~,
what she asked me for.
Q Where did you meet her?
A Town.
Brownsville.
Did she come there?
What town?
She'd C0me every month,sometimes twice a month.
I don't see the relevance
He said he did not.He scid
We will overrule you on
THE COURT:
THE COURT:
MR.McCORMICK:
her money •
of this.I think what Mr.Hart has to establi~~
is that he wilfully neglected and refused to gj~e
that,Mr.Hart.
Mr.Smith,do you know how often your wife went to the
Centerville Clinic during the year 1969?
Well,I couldn't tell you how often she went there.
this.Let him pursue his cross examination.
You didn't give her any money at all during 1969.
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She went regularly her due time to meet her doctor,
her appointment.
Q Isn't it true that she would go to the Clinic and you
wouldn't know anything about it?
A Quite naturally,yes.She went and I didn't know anythirg
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about it,until some of her friends would see her there
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I .:.\f't '.;my wife at the Clinic.
and BOrne.of my friends would see her and ..tell me they se en
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You never knew that she was going to the Clinic specificallY
that she would tell you',she was go~ng to visit the Clinic.
I always did figur~she was going because she didntt soupd,
J .,I';well yet.
Mr.Smith,isnlt it true that it wouldnlt make any difference
to you financially whether your wife received beaefits
from the United Minerls Welfare Fund or not?In other
words,it doesnlt cost you anything for your wife to go
to the Clinic on the United Minerls Welfare.
Well,it didntt cost me anything when she went,but it
cost me something to get the union.
Well,everybody contributed to that.It didnlt matter
whether you had a wife or single or had a wife and
children.Everybody received the same benefits.
Thatts right.
Mr.Smith,at the time of your wife IS death,were you
notified 'of her death?
Sure.He called me and told me about it.
What did you tell'him on that occasion?
THE COURT:Tell who?
Q Mr.Pugh.
A I told him I was sorry she got killed.I didnlt like that.
I was sorry.
Q Well,isntt it true that on that occasion you told him
to go ahead,that you had not been ~iving with your
wife and had no interest in her at that point?
A No,I 'didn't tell him I had no interest in it.I told him
. I didnrt have no money to bury her with because I just
..
quit work.
Did .you have insurance on your wifers life?
I was paying her insurance,his insurance,all of their
I donrt know what year it was.I dontt know exactly what
year it was when she took it over'"I paid his too.
A few years before her death she took it over.
She had it before then,she took it over.
I think that1s all I have •
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Any questions?
No.
When did she take it over?
No.But I did pay her a good while when she leave.
it up until she took it over.
insurance there,the kids.
Did you have any insurance on your wife's life?
No,I didn't have any on her.
None at all?
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MR.McCORMICK:..,""~.,
THE COUR1::
MR.McCORMICK:
Any other ~itnesses?
Ye·s,I 'haye one other witne ss •
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Who'is it?
Mrs.Esther Lee../.,:,..
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MRS.ESTHER LEE IS CALLED AND DULY SWORN.
DIRECT EXAMINATION BY MR.McCORMICK:
Q State your full name.
A .Esther Le e •
Q
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How old are you,Esther?
62.
Did you know ~any trouble in their marriage?Did they
35 years.
Do you live in the vicinity of Mr.Smith 1 s home?
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Where do you live,Esther?
Maxwell.
How long have you lived in Maxwell?
Yes.
Right across the street;
Do yo~know Mr.Smith?
Yes.
Did you know his deceased ~ife,Maude?
1ft ·r
Ye s,I think.
have a good marriage?
Do you know of your own:'per'son~J:-k~owledg~'whether
Mr.Smith ever abused Maude?,,
A No.She was a girl that would never tell her family affa rs.
Q Did:;ou ever see Mr.Smith abuse Mrs.Smith?
A No.
Q During the early sixties,did you know that Mrs.Smith
was 1:11?
A Yes.I remember when she was ill.
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Q Would you describe for us from your own personal knowledge
what Mr.Smith did in the way of taking care of Mrs.Smjth?
MR.HART:We contend this is irrelevant
in the early 1960 1 s.
THE COURT:I agree.The objection i~
No •
I dontt have any other questions.
thereabouts,whatever he wants to discuss or
Did Y0"\l ever see Mrs .•Smith at Mr.Smithts home during
Any cross examination?
Just a little,Your Honal •
THE COURT:
MR.HART:
sustained.Letts confine it to after t65,
query this witness on.
Do you know of any reason that Mr.Smith might have
given Mrs.Smith to leave her home?
No,I dontt know.
Did you ever hear any arguments between Mr.and Mrs.SmOth?
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o..";So that to the best of 'your knowledge,she wasntt there
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Not as I know,she wasntt there.··
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You say you know of no ar~uriient's >Thi s doesn tt mean the:r e
couldntt have been some arguments that you didntt know "bout.
A I didntt know anything about any arguments.
Q Thatt saIl.
BY THE COURT:And now,this 20th day of November,1973
and note a general exception to the Court's finding.
,.
j .f''like to note an exception·to the Courttsruling on the
matter of hearsay and the 0our.t;~s rUlin~on the objecticns,.
upon hearing the evidence and testimony in this matter,
it is the finding of the Court that the Administrator
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If it please ,the Court,at this time we t (
Do you want this transcript transcribed?
Distribution.~
has failed to prove that there was a wilful neglect or
refusal to provide for the wife.Under all the circum-
stances,inasmu.ch as the Administrator has failed in hi:
burden of proof,the Court finds for Samuel Smith,the
Petitioner in this case,and awards him one third of thE
net estate,as;the same will be set fortrr in the Decree cf
HART:-
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THE COURT:That will be not necessarily an expense
of the estate.I want you to know this.
MR.HART:Not necessarily an expense of the estate.
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under the circumstances.That is the ruling of the Court.
(Proceedings Closed)
Stenographer's Certificat e
I hereby certify that the proceedings and evidence are
contained fully and accurately in the no tes taken by me on the hearing
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"Certificate of Hearing Judge'
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The foregoing record of 'the p'roc e'edings upon the hearing
**************************************
of the above cause,and that this copy is a correct transcript of the same.
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of the above cause is hereby approved and directed to be filed.
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By the Court,
Form RCC-33
RESIDENT DECEDENT
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
COUNTY OF W9.-.$ht.ngt.o.p..
J
IMPORTANT:This return must be completed in detail and filed induplicate,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 hy the Secretary of Revenue.(Section 703 of
the Inheritance and Estate Tax Act of 1961.)
IN THE MATTER OF THE ESTATE OF }AFFIDAVIT OFMaudeE.Smith_..·····..········_····..·······i·st~t~..f~ll··;:;;;;:;~···~f··d;;:;;;;;)~~t·)..··..·..·EXECUTOR
Late of W?-..?.htPKt.QP.........................................................................County ADMINISTRATOR
Pennsylvania::.:'.;~~~~~~~~;~---~-~~~~:~~}'"
..................................~~m~.§g!P.~gh................................................................
Administrator of the estate of the above-named decedent being duly sworn,delltoseS and sayS
Decedent dJed M.<;l,T.Gh 11,.
(Month)(lIay)
....,19....7.0....,5 testate leaving a last will,copy of which is hereto attached.}
(Y""r)l intestate
Name and address of attorney or}
other authorized representative to
whom all correspondence should be .
mailed.
..I{ClTi:;<Si:,..H.~:r'i:;LAttq:r'p.§y.?............................520 Washington Trust Bldg.
·Washington,Pehna~.
That as such A..d.m.ini.s.tr.a.t.or....deponent is familiar with the affairs of said estate and the property con-
(Ex""utor-Administrator)
stituting the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual name,or jointly
with,or as agent or deputy..of another,or in decedent's individual name,with right of access by another as agent
or deputy,with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
NONE
That the contents of said safe deposit box or boxes are itemized under Schedules of this
return,with the exception of the folloWing,for the reasons hereinafter set forth:
That Schedule A attached hereto and made part hereof sets forth fully and in detail all the
real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein.It
also sets forth the mortgage encumbrances upon each parcel of real property at the date of death,giving
the amount still due at death,name of mortgagee,date,rate of interest,and book and page of record
thereof.It also sets forth in the columns provided therefore the assessed valuation of each of said
parcels,the estimated market value thereof as of date of death of decedent.
That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal
property wheresover situated owned by the decedent at the time of death;all moneys left by the decedent
at the time of death,whether in decedent's immediate possession,standing to decedent's credit in banks
of deposit,savings banks,trust companies,or other instftutions,whether indiVidually,or in trust for
any other person or persons giving also separately the accrued interest thereon,if any,down to the la~t
interest day prior to decedent's death in the case of savings banks,and to the date of decedent's'de~th'
in all other cases;all bonds,postal saVings,treasury certificates or notes and other evidence of in-
debtedness of the United States to the decedent;all obligations,whether by statute or agreement they
are designated as tax free,of the United States,or any state,or political subdivision thereof,or of
any foreign country,which are owned at the time of death;all wearing apparel,jewelry,Silverware,pic-
tures,books,works of art,household furniture,horses,carriages,automobiles,boats,and any and all
other personal chattels of whatsoever kind or nature,left by decedent,together with the fairly estimated
market value thereof;all bonds and mortgaj!es held by decedent and of all claims due and owing decedent
at the time of death,and all promissory notes or other instruments in writing for the payment of money
of which decedent died possessed,of whatsoever nature,wi th interesttheremh,,i;f any,giving the face
value and estimated fair market value thereof,and if such estimated fair market.,vli;lue be less than the
face value,it sets forth briefly the reasons for such depreciation as to each item;all moneys payable
to the estate from life insurance policies carried by decedent;all annuity and endowment contracts the
proceeds of which were payable upon the death of the decedent;and all the corporate stocks and dividends
due thereon and unpaid as of the date of death,bonds and accrued interest thereon to the date of dece-
dent's death and other investment securities owned by the decedent at the time of death,With the market
value thereof at such time.
In the case of securities of close or family corporations,the values reported.are as far as';
possible substantiated by ,financial statements of the corporations,showing the assets and.liabilities
therepf,as of the date of death.The sche,dule 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 riature of tne'agreement)
together.wi th a statement setting forth the .character of tbebusiness,.its locati'on,and such other facts
pertaining to the business as may be pertinent toa 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.~0 ~
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 t~ke effect in posses~ion or enjoyme~t at or
after death,said schedule sets forth the nature and value of such property,to whom transferred,the
relat:l.onship of the transferees to the decedent,the proportionate share received bye'ach transferee and
all other facts of a pertinent nature regarding said transfers.In the case of,:,tr,ansfers intended to
take effect in possession or enjoyment at or after death,there is also attached to the schedule a cOllY
of the deed~trust agreement or other instrument creating 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,orjointly with another,or any power of appoint-
ment vested in decelient,either individually or joiI1'tly,b~,the Will,deed,or other instrument of another,
with a copy of the instrument creatiI1g such power attached to the,schedule.
That Schedule 0 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 dea,th,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 benefic'iaries for life under decedent's Will.It also
contains'a statement showing which of the'beneficiarieS named in the decedent's ~ill,if any,died prior
to decedent,the dates of their death,their issue,and the relationship of such·issue to the beneficiary.
That Schedule E attached hereto and made apart 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 vesti ture 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 accrued chargeable for period prior to decedent's death (except those allowed under Section
651 of the Inheritance and Estate Tax Act);'together with a statement of collateral pledged for obliga-
tions,if any.It is agreed that the fiduciary will present proof of said claimed obligations upon re-
quest,that if the amount actually paid in settlement of any fee,commission or debt is less than the
estimated amount claiming and allowed,that the same will be reported to the Register of WillS,and that
the amount of tax assessed can'be reassessed in accordance therewith.
That the tota~s 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•
(Street Number)
.'~~.
......~~,.'~_.vfE~~~t~;-Admin'a.tOr)
•PATR.CIA MATELLO.Notary Public
Washington,Washington Co.,Pa....
My Commission Expires March 21,1977 (City or Town a.nd State)
NOTE:Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are
fiiled 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 "Sunnnary"has been properly completed as above-directed.
Subscribed and sworn to before me this ?.Q.t.h ..
...............................................:..day of·'J):l.~.y ,19.7.3..
............:Q..~~.
R CC-34 (1-['4)
COMMONWEALTH OF PENNSYLVANIA
Q£;>AldMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE IIA"
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 lIE".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 (1)(2)(3)
described by lot and block number,street and street number,together wi th DEPARTMENT
a general description of the property,with a reference to the record of the ASSESSED VALUE VALUATION
conveyance by which the decedent took title;if a farm state number of a·FOR YEAR OF ESTIMATED CAUTIONcres;also statement of mortgage encumbrances upon each parcel at death DECEDENT'S MARKET VALUE (Do not writeofdecedent.Taxes,assessments,accrued interest on mortgages,etc.,are DEATH In this space)to be listed on Schedule "F"and must not be deducted from this schedule.
NONE
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
1 ..(,COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "B"
PERSONAL PROPERTY
INSTRUCTIONS:This Schedule must disclose all tangible and intangible personal property owned individually
by the decedent,at the time of his death.Property owned by the decedent jointly with another or others
must be listed under Schedule "E".Intangible personal property,titled in the name of the decedent,but
payable at death to another or others,including but not limited to P.O.D.U.S.SaVings Bonds and tenta-
tive trust accounts,must be listed,despite the fact that they are not of the administered estate.
Tangible personal property should be listed first (e.g.jewelry,wearing apparel,household
goods,and rurnishings,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 or fiduciary in said capacity,partnership interests,interest in anyundistributed
estate of or income from any property held in trust under the will or agreement of another,even though
located outside of the State,at the time of death,should be listed in this schedule.
Item
No.
ITEM
List and describe fully
UNIT
VALUE
ESTIMATED
MARKET VALUE
DEPARTMENT VALUATION
(Do not write in
this space)
10.40
11,061.00
Net proceeds of Wrongful Death and
.Survival Actions against Rachael D.
McCarrell and Catherine D.McCarrell--
No.448 January Term,1971,A.D.
Common Pleas of Washington County
Blue Cross Refund
SaVings Account--Mellon
SaVings Account--First National
/rf I)a~)(0 f)
'f.p /0.,+-0
45.00 ~J '4-.s:0tJ
_-.:8...:::;..5.;...;;;'o~o_-+rK/IJ.i"$p otJ
~.
Insert this total opposite "Personal Property",Schedule "B"in
the "As Reported"column on the last page of this return.
x X 11,201.4(')
RCC-36
;Cl~ONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "c"
TRA.N SFEJlS
(1)Did decedent,within two years of death,make any transfer of any material part of his estate,without
receiving a valuable and adequate consideration therefor?(Answer yes or no)No
(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 heal th 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)_~N~Q~__
(a)Was there any possibility that the property transferred might return to transferer or his
estate or be subject to his power of disposition?(Answer yes or no)_
(b)What was the transferee's age at time of decedent's death?__
(5)Did decedent in his lifetime make any transfer without receiving a 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>o<-_
(b)The right to designate the persons who shall possess or enjoy the property transferred or
income therefrom?(Answer yes or no)_~NwOL-_
(6)If the answer to (5)(b)above is in the affirmative,state whether the right was reserved in decedent
alone or others --:-_
(7)Did decedent in his lifetime make a transfer,the consideration for which was transferee's promise to
pay income to or for the benefit of care of transferor?(Answer yes or no)_~N,,-o~__
(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)__
NOTE 1:The answers to these questions should be supported by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2:If answer to any of the above questions is yes,set forth below a description of the property
transferred,it's fair market value at date of death,dates of transfers and to whom transferred,with
relationship of transferees to decedent,if any.Submit copy of any trust deed or instrument,if trans-
fers are claimed to be non-taxable,also submit detailed statement of facts on which said claim is based.
NOTE 3:List applicable property below in manner in which provided in Schedules A,B,or E.
ITEM DESCRIPTION MARKET VALUE
(Estimated)
DEPT.VALUATION
(Dept.Only)
Insert this total opposite "Transfers",Schedule "C"in the
"As Reported"column on the last page of this return.
RCC-3S'
fOMM6INWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE"E"
JOINTLY OWNED PROPERTY
INSTRUCTIONS: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 under Schedule
"A",plus the date and place of record of instrument effecting vestiture,but do not include entireties
or out of state real estate value in estate valuation column.Personal property should be listed as in
Schedule "B",plus date of acquisition,and the name,address and relationship (if any)of co-owners to
the decedent.
Description of Property,Date of Acquisition,Name
Address and Relationship of Co-Owners,and Place
of Record of Instrument,where Real Estate.
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.
.
.Rcc-37 ,'(12-63)
COM~ld!'ln\'EALTil OF PENNSYYLANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "D"
BENEFICIARIES
\
h
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step-children or DATE INTEREST OFStatefullnamesandaddressesofallwhoillegitimatechildrenDECEDENTOFBENEFICIARY
ave an interest,vested,contingent or other are involved,set STATE YES IN ESTATE
wise,in estate)forth this fact.)OR NO BIRTH
Samuel Smith husband
James c.Pu~h son
Arthur N.Pugh ....:son
Deponent further says that all the above-named benericiaries are living at this time except below:
NAME
NNE
DATE OF DEATH RESIDENCE
:\IATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
(Executor-Administrator
must complete "As
Reported"column #1.)
...,'i:i ~...~~Il:>...Il:>::l on _
on 0.....,::l 'i:i~Il:>......- 0on'0'i:i ~.......g ~
~:4-'<
o"1oonon
trl
'".....Il:>.....~
...,
Il:>XIl:>c:T'.~
Year .....
Dl THE
~No.
Will
Administration
I
Maude E.Smith
Deceased
Late of .W~shi:rlgt()n .
,-.~
''''.....,
\
County of Washington.....
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
enc::~
~>-~CI'ltnen~c':>()()
?"?"?"
ci ~>.::::::
~~-oo~~~
:N :::s
'::S :00 ~~
:0 :I-':::S '0 -:::s :.:(1)~~
:(I):.{:-.....~;C):~
~..
::'''Vd "08 N01~NIHSVfn
Slllh\:10 B]lSI~3H
ON\l:J1\~·"f13SSnH
:I-'
,I-'
:":N'0':I-':
:..{:-,0:
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,I-'..>-on
\,
K:'~:6 0 "£~d EZ -lOr £L.
~13rl'j
.....
~~-00 ~~~
~:...........>-'"::.~.........'Jo
.~.:~.u
C).;};.---~:()r.:N I:~"1 ~II
"'":3 .-,
~<0:.g
c...II ,.r
---------
Form RCC·IO DEDUCTIONS ALLOWED IN J,-,.~$7i-Z6~-,."
".OFFICE OF TME STATEMENT OF DEBTS THE SUM OF ....~~....$"..H......HH ..H...H..
REGI9TER OF WILLS
AND DEDUCTIONS ?;-;.3-7fWashingtonDATEAPPROVEDOFCOUNTY...........................................................
AND AGENT OF TME COMMONWEALTM !o3-1()-3JO ~f~
Pennsylvania Register of Will.,Agent C-V
ESTATE OF Maude E.Smith L.ATE OF Washington,Pennsylva nia
DATE OF FILING APPRAISEMENT OATlit OF DEATH March 13,1970
DATE NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCH"JIl
Register of Wills Letters 9 00
Register of Wills Certificates 3 00
Observer Publishing Co.Advertisement 14 00
Washington County Reports Advertisement 14 00
F.J.Buckley Bond 40 00
Ambulance &Chair Service Ambulance 25 00
H.D.Burch Funeral 1.325 00
James C.Pugh Administrator's Commission 560 00
Hart &Hart,Attorneys Atty.for Accountant 560 00
Register of Wills Filing Answer to Petition 1 00
Register of Wills Filing Inventory ~00
Notarv Fees c:;Inn
Register of Wills Filing Account 15 00
<Ii ,
-
;
TOT~L $2,574 00
COMMONWEALTH OF PENNSYLVANIA }sa:Washington ~
COUNTY OF
I,James C.Pugh HEREBY CERTIFY.THAT.TO THE BEaT OF
MY KNOWLEDGE AND BELIEF,THE FOREGOING 19 A JUST AND TRU E STATEMENT OF DEBTS.FUNERAL EXPENSES AND EXPENSES OJ"
ADMINISTRATION SUBMITTED TO THE EST....TE OF Maude E.Smith C ~••D'DUCT'ONS PORINMERITANCETAXPURPOSES.F20thSWORNANDflUBSCRIBEDBEFOREMETHISDAYOP'
(L.S.)
~~1J\~0)j\~73
p~TR!CrA MAiELLO.Noln;;P:Jblic
.:Was!Jlngti;>n,Wushir.g-}~~Co.,Po).
\;..t~~~.(:Q:~1mi~~ici';:2:.;:rt:-:r~·la:-:.:~·:2!,1977
"
RCC-Bl (6-7 I)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG
17127
NOTICE OF FILING OF APPRAISEMENT
JAMES C.PUGH
(~~)idministrator)
IN YOUR REPLY PLEASE
REFER TO 38-61-1
Inheritance Tax Division
/
In Re:Estate of M_A_U_DE_E_._S_MI_T_H ~_
__W_A_S_H.:.-IN_G_T.:.-O_N__County -File No.63 -70-380
Dear Mr.Pugh:
You are hereby noti fied that the ~o~r~i~~i::!i~n~a~l:!:.;,--'---------
appraisement in the estate of Maude E.Smith
has been filed in the office of the Register of Wills of_W~a!.lois!A<hU!i~n~g!l-!tO<.:!o..un~_
County on July 25 ,19-.1.3,Said appraisement reflects the following
valuations:
Real Estate _
PersonaI P ropertY ..d1...!1,,-!,~2~0:.!a1......t..:4:r.:O!oL.-_
Transfers _
Jointly Owned --,,--,_
Tota I -=11~,2=0=1",--,.,---4~0,------__
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 twelve months when death occurred prior 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 low.~/~;<
Date July 25,1973 Signed ~~~~A-<.Jre
Title __A_P_P_RA_I_SE_R_I ~_
DATE OF DEATH:lvIarch 13,1970
Note:This is not a bill.
R£:C-39 (5-681
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMARY
Estate of SMITH,
(Last Name)
YU\UDE
(First Name)
E.
(Initial)
DATE OF DEATH 3-13-70 FILE NO.63-70-380
REPORT OF INHERITANCE TAX APPRAISER
I,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of W'ashington
Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at
::I::,lue,"I :::~p::i:e :::~em in ilie laut column 10 ilie <i,hl iZ'~and :~~~
INHERITANCE TAX APPRAISER v
REPORT OF THE REGISTER OF WILLS
I,the undersigned duly elected Register of Wills in and for County,Pennsylvania,do respect-
fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or
lesser amount is set forth in the last column to the right in Schedule "F",which greater or lesser amount represents the sum
allowed as a deduction.
Dated:_
REGISTER OF WILLS
VALUE AS REAPPRAISED
$-------+--11 201 40
11.201 40
None
11,201 40
VALUE AS APPRAISED
$
VALUE AS REPORTED
$11,201~
____---..,1
l1N~~;~
11,201 ~CLEAR VALUE OF ESTATE
INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
Joint -Held Property (Schedule E)
TOTAL GROSS ASSETS
Less Debts and Deductions
(SCHE;DULE F)
Valuation of life estates or
FOR USE OF REGISTER ONLY
Tax on $----------1--~
Taxon $~
Tax on $5%
Thxoo$lK
Tax on $15%
Exemptions *
Total Estate ~--
TOTAL TAX
COMPUTATION OF TAX
$--------+---
$--------+---
$--------+---
$-------+--
$-------+--
$1...-_
(*)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 ::::::::::::=t==='
BALANCE OF INHERITANCE TAX DUE $t=
Add interest at rate of 6%from
_____to $------
AMOUNT OF ESTATE TAX ASSESSED $----~I-
Estate tax paid $l-
BALANCE DUE $--------~~
Add interest at rate of 6%from t=
--_--...(to-----$-----~
TOTAL TAX BALANCE $-------1PAID$....J
FOR USE OF REGISTER ONLY ADJUSTMENTS
NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason,
same should be noted below,with short explanation.
Will !...No.Administration
IN THE
Year .
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
MAUDE E.XB.IK SMITH
Deceased
Late of ..WASHINGTON
County of WASHINGTON.
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
"
Fonn ?'CC-2
~.........Ju..ly.....~5.,......1.9..7..3......,.COMMONWEAVrH OF.PENNSYLVM.JIA DATE
DE-:ARTMEl'JT OF REVENUE RESIDENT INHERITANCE TAX COUNTY ................w.~~.~.~.~g.~.~.~.........BUREAU OF COUNTY COLLECTIONS .............
"HARRISBURG.PENNA.17127 APPRAISEMENT FILE NO...........§}::.7..Q.~.~.~.Q ....................................
,
...................Ma.u.d..~.....~..•......s..m.i..t..h........................................................................late of .................W.~.~.h..i.ngtQ.I,l,...................................................Whereas,
in the County of ....................W:a.~.b.i.p,gt..Q.n .........................................................................Commonwealth of Pennsylvania,having died on
the ..................1.3.t.h.............................................................day of .................M~.;r.9.b.........................................19...7.9..,seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,...............Fr..~.d.....1Q.~.i..................................................................................,an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix,
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for life or for years.the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Unit AppraisementDescriptionofAssetValuesMadeforInheritanceTaxPurposes
$
PERSONALTY+
See Sehedu1e "B"attached hereto:11,201 40
'.
"
Total 11.201 40
Having been duly sworn according to law,I do hereb certify that the above appraisement is made in con-
'.
WASHINGTON ....County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
MAUDE E.SMITH
Deceased.
Late of
WASHINGTON......................,.,.
Datc of Dcath,..H~.r.~h ...J.~.,1970 ..............................................
Appraiseme/!t Docket Vol.38,.
Page,6..1.~5 No..6..3..~.1'O.~.3..8'O .
Filed in Register's OfJice,.;J.lJ.:~y :~?j9 'i'}
Am.ount of tax due,$.
DEPARTMENT OF REVENUE
Received,
Examined and Approved,:.
Wrote abo.ltt Appra.isement,
Appeal t,.om Appraisement,.
.Entered and charged,·..
<'