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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN IS COUR:~VISIONA
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IN RE:EDWARD FURMAN
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KENNETH J.YABLONSKI
PETITION FOR THE
APPOIN!l!ME.NT OF A:GUARDIAN.-.,.;,,;_.c::>»rrJ ,"'
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ATTORNEY AT LAW
505 WASHINGTON TRUST BLDG.
WASHINGTON.PA.15301
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:ESTATE OF EDWARD FURMAN ~}./'t!),:A --j ~/r 7()an alledged incompetent )~J
PETITION FOR THE APPOINEMENT OF A GUARDIAN
TO THE HONORABLE,THE JUDGE OF THE SAID COURT:
The Petition of Lucille Furman respectfully repteSents:
1.That she is the wife of Edward Furman.
2.That the said Edward Furman is presently a
patient at Torrance State Hospital,Torrance,Pennsylvania,and
that the said Edward Furman is mentally defective due to organic
damages in the brain.
3.That the interest and safety and well-being of the
financial affairs and the person of Edward Furman will be,
enhanced by the appointment of a guardian.
4.The appointment of a guardian is essential for
the following reasons:
A.That certain financial affairs of the said
Edward Furman must be conducted and this cannot
;be accomplished unless a guardian is appointed.
5.The following is a list of all persons residing
in the Commonwealth of Pennsylvania who would have any interest
in the well~being of Edward Furman:
1.Louis F.Furman',:R.D.#1,Clarksvill~.,Pa.
2.Fred Furman,Clarksville'l Pa.
3.Anna Ferguson,Frederickto~n,pa.
HIS CHILDREN
,,.
4.Frank E.Furman,living with mother,Lucille
Furman,Clarksville,Pa.
5.Charles L.Furman
6.Barbara L.Furman
7.LindaL.Furman
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8.David F.Furman
9.Calvin E.Furman
WHEREFORE,this petitioner prays that the Honorable
ourt appoint her as the guardian of Edward Furman.
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF WASHINGTON )
Before me,the undersigned authority in and for the
said County and Commonwealth,personally appeared Lucille
Furman,who,first being duly sworn according to law,deposes
and says that the facts contained in the foregoing Petition are
true and correct to the best of her knowledge,infor.mation,
and belief..
,','s:wotn to and subscribed
:i;:f'Oroe me this /021l day
,()-~:\!~~__,1970.
/b..£~~~'-Noear~
•••j(ENNEifH j.lfABlONSKI NOTflRY flU!'lllfJMyComml.ssl.on Exp1res:WflSHINGTON,WASHINGTON COUNTY
MY COMMISSION EXPIRES JUNE 24.1974
Member,PennsylvaniaAssociationof Notaries
CONSENT TO ACT AS GUARDIAN
I he;re~y consent to act as guardian for Edward'Furman.
I am VO years of age and reside in Clarksville,Washington
County,Pennsylvania.I am a /1.R~and a citizen of the
United states.I have no interest adverse to Edward Furman.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
I.N RE:ESTATE OF EDWARD FURMAN,)
an alledged incompetent )
Edward Furman
lilt wl1r Wont!of Olnmmnlt 'lrali nflJa!i~ittgtnn Q!nuuty.'tnuli!Jluattitt
®rp4tttUl~OJnurt 111ittfliintt
rnRE:((
ESTATE OF))
EDWARD FURMAN,\QHtation \No.1022 of 1970
An Alleged Incompetent.((
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Qtnmmnttwraltl1 nf Jtttttny!ttnttia
Qruuutg nf m,udl1U9tllU
To:EDWARD FURMAN ..
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Sur Petition of:_---e::L~U~C:...=I:=L=LE=_F=_UR=M:.::A:..::N=_=____
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lit QJ:nmman~'nu•.---IE~DllIlW..aJAR::u.DLJ:.._FTll1m~Ml/j,AJ.'LN _
that,laying aside all business and excuses whatsoever,you do file In the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
.plete answer,under oath,to each and every of the averments of the said
petition,on or before Thurs day.,the 19th day of_--2N~o!....!v~e~m~b~e~r _
19~,at 10:00 o'clock--.K..M.,and show cause why the said EDWARD
FURMAN should not be declared an incompetent and a guardian of his
estate appointed;
and further abide the order of our said Court in the premIses,
If you fail hereof,the petition 'may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the 20thday of OOTOBER,19 1970.
~~~.
Clerk of the Orphans'Court
KennethJ.Yablonski Esq..
Attorney for Petitioner..Washington Trust Bldg.,
Washington,
(Seal)Pennsylvania,.15301
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in w4,QInurt nf QInUU1U111 'ltali nf Bttnl1ingtnn (gnuttty.',nnsylvania
(@rp11Uttn'Qtuurt ilinininu
IN RE:C·C
ESTATE OF ),)
EDWARD FURMAN l ~QHtation ~No.1022 of 1970
An Alleged Incompetent.(C
Q!nuuttnutttrult4 of Jeutlnyltnutia ../..!I!I:
mnunty nf maal1iugtnu )
TQ:EDWARD FURMAN
Sur Petition of:_--=L::..;:U~C-=I=L=LE~F=--UR=MA=N-=--_
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.1ft <1tnutmttnbinu,_~~_~ED..uJWlLtAl.llR.u.D---.I;F:.....uIIR:.ll.M~A:LUN~_
that,laying aside all business and excuses whatsoever,you do file In the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
plete answer,under oath,··to each and every of the averments of the said
petition,on or before_F!~,!d~~L·.;-u~__,the_:?::0:R!l day of_~N=o...!.-v=em~b:::...:e~r,---__
19..1Q...,at_~~_~_~_~O.,,--__o'cIock__{;P.M.,and show cause why the said EDWARD
FURMAN should not be declared an incompetent and a guardian of his
estate appointed;
and further abide the order of·our said .Court in the premIses,
If you fail hereof,the petition may be taken PRO CONFESSO and
a decree·made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the-.:2=-=O:....=:t..==hday of ~i~
.Clerk of the Orphans'Court
Kenneth J.Yablonski.Esg.
Attorney for Petitioner.Washington Trust Bldg.,
Washington,
(Seal)Pennsylvania,15301
.'
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF WASHINGTON
Personally appeared before me,Kenneth J.Yablonski,
who,after having been duly sworn according to law says that on
January 7,1971 he forwarded letters to Louis F.Furman,Fred
Furman and Anna Ferguson,the brothers and sister of Ed
Furman.This letter notified them of the hearing on a Petition
for the Appointment of a Guardian scheduled for January 19,
1971 at 10:00 o'clock A.M.
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Sworn to and subscribed
before me this 19th
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day of _.......:..J..::;;a..::;;n..::;;u..::;;a.::,r......y ,1971.
STATE OF PENNSYLVANIA
COUNTY OF WESTMORELAND
Saul Greizman,M.D.,being duly affirmed according to law
deposes and says:
1.That he is a practicing physician,resident at the Torrance State
Hospital,Torrance,Pennsylvania,and is connected with the Torrance
State Hospital as Acting Superintendent.
2.That Edward F.Fuhrman,a resident of the County of
Washington,State of Pennsylvania,was admitted to the Torrance State
Hospital on May 22,1970,in accordance with the Mental Health/Mental
Retardation Act of 1966.
3.That upon admission of the said Edward F.Fuhrman on May 22,
1970,to the said hospital,his mental condition was such as to require
detention and treatment in a hospital for mental troubles.
4.That the said Edward F.Fuhrman is so mentally ill tJl~t he is
unable to take care of his property and in consequencf'thereof is liable to
dissipate or lose the same and become the victim of designing persons.
5.That the general condition of the said Edward F.Fuhrman is such
that his welfare would not be promoted by his presence in Washington County
Court.
6.That the prognosis for his recovery is not very favorable since
Edward F.Fuhrman had been previously hospitalized,showed improvement
but he be came ill in the Fall of 1966 and was hospitalized at the Veterans
Administration Hospital,Leech Farm Road and later was also at the
Waynesburg Hospital and the Brownsville Hospital,and since he has been
here he has shown only mild improvement in his condition.
Further deponent saith n:yo.t..
aAvf R-r.---:v->/~M.D.
Saul Greizman,.,Acting Superintendent
Sworn and subs cribed before mEf ,thisl:tbbhll .".;,,~i;'4,Notary Public
~~i~Dn Expires Octobe~8,l~~l
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IN THE COURT OF 1901\1MON;PLEAS OF WASHINGTON COUNTY,PENNJ1.
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IN RE:
ESTATE OF
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tllA (',I 11''.T (\'!(\r\fl''ti ..)t1 I ,',',};I.,..h V t,J •r ,-)~t.No.1022 of 1970
EDWARD FURMAN,
Your Honor,I would like to offer as Petitione.n'·s Exhibit 1 the
scheduled on the Petition of Lucille Furman for the appointm ent of
a guardian of,an alleged incompetent,Edward Furman.At this timE,
.
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
Tuesday,January 19,1971,at 10:00 o'clock
A.M.;EST.
THE HONORABLE P.VINCENT 'MARINO,Judg
of the said Court,
If it pleas~the Court,this is the hearing
KENNETH J.YABLONSKI,ESQ.,of Washingto ,
.Penna.,repres enting the Petitioner.
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Affidavit of Service on the alleged incompetent,Edward Furman',wlho
is a patient at Torrance State Hospital.And also attached to that,
copy of the Citation which was ,served with the Petition.
THE COURT:
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Mr.Yablonski,was the copy of the Citation ser ed?
ff;h~rAffidavit of Service doesn't so state.
2
I don't know why.the Affidavit didn't say that.Becaus e the Citation
was sent up with that.
THE COURT:Would you have the person who made the Affidav t
reform the same by adding to the writing that is already there the
fact ithat a copy of the Citation in this instance was also served?
Just add that to it.
statement if Your Honor wants to recieve it now.
who have all been given notice of this,
to offer,Your Honor,as the Petitioner's Exhibit Number 2,my
Fred Furman,Anna Ferguson,the brothers and sisters of the
Yes,Your Honor.I was going to offer the doeto 's
The AffiEiavit of Counsel wil+:be received in
Yes,I will have that done,I would also like,
persons in"interest,of course,are the petitioner and her children
alleged incompent,notifying them that the origi nal hearing which
personal Affidavit that I have forwarded letters to Louis Fuunr:nan,
was schedlH~d ~Nas now being rescheduled for today,All of the othe
.',~viden~e and made part of this record,Are you ready to proceed?
MR.YABLONSKI:
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MR.',YA BLONSKI:
THE COURT:
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THE COURT:We can do that later.
LUCILLE FURMAN IS CALLED AND SWORN.
EXA MINATION BY MR.YABLONSKI:!'
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Q What is your fu 11 name ?
A Lucille Lena Ferman.
And how old are you?
A 42.
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What is your residence?Where do you live?
Clarksville,R.D.1.
In what coutny is that?·
Washingtc:m Coo nty.
Are you rel3:ted to Edward Furman?
Yes.I'm his wife.
When were you and Mr.Furman married?
June 27,1948.
Where were you married?
Clarksville at the Roman Catholic Ghurch.
After your marriage,where did you go to live?
Sandy Piains.
Have you lived there since that .time?
Yes,we have.
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Q As hus band and wife?
A Yes.
Q Are there any ch~dren born of that m8;rriage?
A Yes,six.
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Q Would you give their names and ages?
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Frank Edward is 21;Charles Eeroy is 20;Linda is 17;Barbara is
David is 9;and Calvin is 6.
Are these children in your care and custody?
Yes,sir.
What is you r religion?
Rom an Catholic.
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Is that the religion of your husband?
Yes,sir.
Mrs.Furman,do you have any interest that would be adverse to
those of your husband that would be against you r husband's best
interests,?financial or otherwise?
No,sir.
At the present·time,what does your husband own,if anything?
Pardon?
What does your husband own?
A home.
Would you tell us where that home is located?
Sandy Plains.
Is there land involved with it?
There's three acres of ground.
The deed to that land,in whose name is it?
It's in my husband's name.
Is this where you and the family have lived?
Yes.
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What type of home is situated on that property?
It's a frame.
How many rooms?
Six rOoms.ana bath.
Does your husband have any money in the bank?
No,sir.
Does he have any income?
.Yes.
Would you tell the Court what thatincom e is ?
He "receives a miner's pension.
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~Q How'much is that?
a:ןmii A Of $150.00.And he receives a V.A.pension Whertl he was wounde~...0("
~in thefBrvice of $00.00.And aiso we receive disability Social Security for
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Does he receive Social Security disability,a separate check?
Yes.
How much is that?
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Approximately.
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Approximately $163.00.
Does he ha ve any other income that you know of?
A No,sir.
Q Mrs.FUTman,what difficulty is your husband having that requires
him,being in the hos'pital?
A Men1J:lHly illness.
Q How long has he been having these problems?
A For four years.
Q When was the first time tha t he was a patient in the hospital for
this dondition?
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December of 1966.
And how long did he stay at that time?
I think it was about three m(ID1;lis5.~-..'
And how many times in the last four years has he been in and out
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of the hospit~l?
He 'com es home and he goes right"back in aga in.
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In the last four years do you have any idea how much time he has
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spent at home,?;ca~you estimate,out of the has pital?
He hasn't.
In the las t four years ill s he not been home at all ?
He has been home.Like he would come home and then he'd have to
go right back in again.
Now he's presently in the hospital.Is that right?
Yes,sir.'
What date was it ifyou recall when he went to Torrance State Hos pitIII ?
It was in May,May 15.
Would it be May 22?Do you recall that date?
I don't exactly remember.
It was in May of ~hat year?
1 96 9,I think.
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Tell me,was that the Torrance State Hospital?
Yes.
Do you know who his doctor is up there?'
Dr.Lane was his doctor.
There.of course,are several doctors up there.
Yes.There was Dr.\~itherspoon,Dr.Lane.
Since his commitment to Torrance at that time,has he been releas d
at any time or has he been home since he went 'to Torrance~,this las
time?
No.
With reference to his finatcial affairs.Mrs.Furman,why do you f"el
that youra.appointment as guardian is necessary?
Well.besides,he has these checks that comes in,I have to sign hi~
name oto it.I want to do this the right way by having the Power of
Attorney to,go ahead and do these things.The income forrnihaEllct0 be.f.""'5--
/!r". i tIs in his name,it has to be filled out and sent in.
What do you mean,income form?
Once a year.'
Federal Income Taxes you mean?
Yes,sir.That has--the re's legal things that his to be taken care
of like the cellar,it needs to be fixed up over home.It has water
in it and I have to have somebody in there to take care of it,which
I can't do it without my husband's signature to do it.
Q DO you me an this requires a major contract to be entered into to
make this repair?
A Yes.
Q And have th€j5@dvised you that it can't be done unless your husband
agrees to it or unless a contract is properly entered?
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A Yes,sir.
Q Is there anything else thatyou can think of,any other reason that
you can think of?
No,sir
Mrs.Furman,do you feel that youare capable of properly handling
yourhusband's affairs with reference to these contracts and the han<ling
of his assets and soforth,his income?
Yes.
Have the doctors indicated in any way toyou what they thought the fu ure
would hold for your hus band?
~A Well,there was several doctors had told me that my husband will
IIII-0::o~not be home again.
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I-gQ I have no further questions,Your Honor.
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o EXAMINATION BY THE COURT:
Q Mrs.Furman,how old is your oldest child?
A 21.
Q Who is that?Which one is that?
A Frank Edward.
Q What does he do?
,------------,,.---------_...._.--------------------------------.----
9
He goes to school in Pittsburgh and he works at Festo's.
Are all the othe r children at home?
Charles,he's in school in Pittsburgh.
Where does he stay over the re?
He stays at the dorm.
And who is paying for his tuition and soforth?
Well,Frank Edward is working his way through college and Charle ,
he took out a student loan.
How old is you r youngest child?
He's six.
Are all the children of school age attending school?
Yes.
WI).ere do they go?
Calvin goes to Fredericktown;David goes to Centerville;Barbara
-and Linda,go to Senior High School at Deemston.
-What has been the extent of your formal education?How far
haveyou gone in school?
1 went to eighth grade,sir.
Were you ever employed,either before your marriage or after?
Yes,I was.I was employed before I had gotten married and I am
em ployed now.
Q What type of employment were you in before you married?
A I was a presser.
Q With whom?
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A In a ~Ure-aJ11e~g at Moscovich Cleaners.
Q What work are you doing now?
A As custodian.
Q Where?
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Bethlehem Joint School District.
Do you have anysupervision for the children while you are away?
<Yes ~The two oldest girls watch them when they come home from
school~'rh=e two little ones;they get home at 4.
Who is at home then?
Barbara and Linda is home at 3.
Yourhusband,Mr.Furman,was originally sent to Torrance in 1965.
Is that rorrect?
Yes.he was.
What.was the occasion of his b.eing sent to Torrance at that time?
Mentatlly }Uness.
How was that diagnosed?Who said so?Did you have a doctor?
Yes.
'Wllat'were his ac~ions tha t causedyou to consult the physician?
They brought Ed home from the mine in 1966 of December.The mep.
that had brou ght Ed home had told me to take Ed to the doctor right
away.And I did take him to the doctor.He said that Ed was me.ntal y
ill and he had to be in the hospital.
Q Was he working that day?
A Yes.he was.
11
C}J Had you noticed any difference in him at that time from what he
generally appeared to be before that time?
A Yes.
Q What was that?What difference did you note?
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It was little things.Sometimes he didn't know what he was saying.
He WJ uld just,like be little th ings that would be that he didn't do
before..
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.When he was brought hom from the mine,was he at that time brougl t
in walking or was he carried in!'or just how?
They brought him home in a car.
But he was walking witl:Jx:Lrel,IJ,.::??.
Well,these men.helped him.He was like staggering.
Then what did you do then?
I called the'Centerville Clinic and made an appointment with Dr.R~.do
and he said tohave Ed out there about 7:00 o'd.:cck.
So then after he went to the Clinic was that when it was decided that
he should go to Torrance?
Yes,it was decided.
Do you understand,Mrs.Furman,that ff t he Court appoints you
as the guardian of yourhusband's estate that you will have to keep
a detailed account of all the monies that you receive and all the
monies that you spend,because they are all his mO,nies and you hav:>
to keep an accounting of that.And the mere fact that you ha\V83a lar!e
family and that your .husband is re~(jnsible for keeping that family
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and/ussresponsible for l<eeping you,that does not get rid of the
requirement that you keep accounts.You still have to do so becausE
regardless of you r duties and you are looking after all of the se
children,we can't assume in the law that all the monies that you
receive on your husband's account are required to keep those chileren
and required to keep yourself.I don't know whether 53'0,1111 understand
me.or not.Regardless of the fact that you are working yourself ane
maldng some financial tontribution to keeping the family and regare-
less of t.~e fact that it may appear at the present time that you not
only need your husband's money,all of his money and even the
money thatY0]J earn to keep yourself and your family,that still
doesiJi:'bbb::'llilate the requirements of keeping books.Becaus e we don t
know when'that is going to change in the future.And it might reaili:;lv
be thatyou might take in more money fnom your husband's estate
than what is required to keep your children and yourself.So the
law requires you to keep books of the money you take in and the m<ney
that you expend and lateron,report that to the Court when it is re-
quired.Do you understand that?
Yes.
Do you feel that you can do that?
Have you ever kept any kind of books in your lifetime?
Yes,I have.I do keep account of the money that I send to the
Torrance State Hospital to the V.A.Hospital now.I do keep a recc rd
of everything that is going out.
But you don't keep a record of your expenditures to keep your famil~
though,do you?
No.
Well,I have pointed out to you that we cannot assume that the mone
that you get from thes e various sou rces is less than what you need
to keep your family and that you have to supplement that by your
own money.We can't assume that.The books have to show it.
Yes.
Can 'you keep books to show your various expenditures?
Yes.
I won't'say that you have to show the expenditures everyday.That
.wouldn't be required.But you'd have to show your expenditures ove r
.a period of time so that all expen~:H.llil<'eS8 there would be shown.
13
I
.and noted in your accounts.It's very easy to note on one side of
the ledger what you get in because there a:re..H:l1J}iy four or five items
there.That's what you would get each month.So you put those down.
But it's much more difficult to keep a running account of all the
expenses of maintai ning yourself and the child~en and the home ove
a period of time..Do you understand that?
Yes.
Do you feel thatyou can'do it?
Yes.
The Court is required to place you under bond to do that.You knoVi
-------------------:.--------,
14
what:a bond is,don't you?
A I've heard of it.
Q
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Well,you have an idea of what it is.Somebody or some corporatior goes
your bond,depending on what the Court requires,and your bond siI1ply
states that if there are any losses shown by your accounts,that the
bondsman would have to make it good.That's what a bond is.You
have heard of people being under bond,haven't you?
Yes.
:Well,there are two types of bonds.When a person rommits a
cr.:iminal act and he has to be bonded,someone goes his bond.That
sim ply is for the purpoS e of providing that he will appear at the tim~
that his case is called in Court.After he appears in Court,if some-
body went a bond for him for $5,000 that's the end of it.There is
no obligation on that bond.But this type of a bond is not an appearaflce
bond.This type of a bond guarantees that your accounts will be
proper.And if there is any loss shown,the bondsman has to pay
it.That's the type of a bond that you will be required to post by th s
Court.Do you understand that?
.',
A Yes.
Q Do you still want the job?
A Well,I have to take care of the legal matters at home.There's no
one else to do it..
Q Well,with respect to your remark that you have to take care of the
legal matters,that may be so.But when the Court appoints an
,----,---------n--------------------------------------
individual as a guardian that individual doesn'tjjl¥1st take care of
the so-called legal matte~S'.That individual takes care of everything
that has to be cared for with respect to the incompetent.It isn't
just the legal matters.It isn't just fixing up your cellar as you
15
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spoke of inyour testimony.It's what I said.You are responsible
for the entire administration of the estate,all the monies that you
get in,and all the monies that you expend;not only for so-called
legal matters,but for upkeep of your family,maintenance of yoursE 1£
and your family.So you can't go out and buy a hundred dollars of
clothing for you r children and not report it on your accounts.If yOl
are using money which comes from your husband's affairs in his
estate.
Do you want to talk with you r attorney?
(At the direction of the Court,off-the-record discussion was not '"
recorded by the stenographer).
Mrs.Furman,do you feel with respect to the bookkeeping that the
Cou rt has mentioned that you will be able to keep proper accounts
and will be able to keep them in shape to submit them to the Court
when required?
y .es,SIr.
That's all the questions we have of Mrs.Furman.
THE COURT:
MR.YABLONSKI:
Will you present that Affidavit.
I'd like to present the Affidavit of Dr.Saul
THE COURT:The Affidavit of Dr.Saul Greizman at Torrance
16
~tate Hospital is received in evidence and made part of th is record
And we note in the said Affidavit in paragraph six that it is stated
"That the prognosis fpr his recovery is not very favorable since
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Edward F.Furman had been previously hos pitalized,showed im-
provement but he became ill in the Fall of 1966 and was hospitalize
at the Veterans Administration Hospital,Leech Farm Road and
later was also at the Waynesburg Hospital and the Brownsville
Hospital,and since he has been here he has shown only mild
improvement in his condition.11
(At the atlirection of the Court,off-the-record discussion was not
recorded by the stenographer).
(Proceedings Closed).
ai0:~I hereby certify that the proceedings and evidence are (oonta ined.
0:oII.~fully and accurately in the notes taken by me on the"hearing of the above
I-0:::l8 caus e,and that this co py is
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'1;he foregoing record of the pi,.edings upon the hearing of the ab
cause is hereby approved and dlrected to be filed.
By the Cou rt,
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