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HomeMy WebLinkAboutOC1971-0348 - ESTATE OF VULCAN~-3?, C9 Qb,-~wcj.e 1Kunm All ilru iy wl1rsr ,irllruis ROBERT VULCAN l:,)-,\ -~4-rc Estate of ,,,"'""''''''''''''''''''''''''''''''"'"''''''''''''''''''''''''''''''}No.,.,....,." '""of 19...", late of ",Pete.r.s,,,Twp.,,.."Deceased KNOW ALL MEN BY THESE PRESENTS, That we,.Shirley..Valenti,."as."J2r,:i.P:GJp..?-:L.,a.l.lq".t1~~,~~d.".~:t;~~~,~,.,~~~e.~,~.~Y",~~, .Guaranty"c..o,.""I,3~J,.,t,.i,IIl.Qr.~".~~ry.:L..~q.,,~~,~':l~e.~y..,.."""".,"'",,,....,,,,..,,."""..,""."","""""".. all of Washington County,Pennsylvania,are held and firmly bound .mto the C:>mmonwealth of Pennsyl- vania,for the use of those interested in the estate,in the sum of """.~t.'.9.:,P,9.."."".".."......""."Dollars,to be paid to the said Commonwealth,to which payment,well and truly to be mac.e,we do bind ourselves, jointly and severally,for and in the whole,our heirs,executors,admiriistrators,su::cessors and assigns,and each and every of them,firmly by these presents.Sealed with our seals and datec the,t4tn."day of ,Jul.y..."""."......""..."."...".A.D.,one thousand nine hundred and "~~.\l~J:l~:y~~\\T?..,,,..,,.,,...... THE CONDITION OF THIS OBLIGATION IS,That if the above bounden "'''''''''''' ,."",.,,,,,,,,,,.,,,,"...".",,,.,,,,,,,,,,,,$h.J.r:L.,~Y ...Y.~~~P:~,~..,,,,,,,,,,,,..,,.....,,"""..".....,,...""'"...".......".."",.""..".. Administrator " """ "".." ",,.or any of &em,shall well and truly administe'r the estate according to law,this obligation shall be void as to those who shall so acminister the estate;but otherwise,it shall remain in force. J Sealed and delivered in the presence of: .......~~._--......"...."...,.,....,.'"".,."."'"...""""..".....,."...,,,(SEAL) By,·"..·....·Atto'rney"i'n 'F"a"cf~'"''",..(SEAL) &tnttmtut pf &Urttt! I ------ -------..----.____..•surety in the sum of $__on the ariministration bond in the estate of ------------.______ ,say that I reside at -..-------.--.----,Washington County,Pennsylvania;that I am the €·wner of real estate,the title to which is in my own name and duly recorded,situated in ,__, 'Washington County,Pennsylvania,worth above all encumbrances $___ ;a:ld that I am worth the lllllOunt expressed in said bond,over and above my just debts and liabilities. -.._--_.._.-.__._---_._~------.-------~~-~---~---~--~-_.~---~-----_._--~-----~-----~---------------.__... .---~---------_._-----.~---------.---------------_.__.--_._--------_._--------------------- Street &tnttmtut pf ~urttt! P.o. I,------------------...surety in Lhe 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 ti:.le to which is in my own name and duly recorded,situated in _, Washington County,Pennsylvania,worth above all encwnbrances $..__ _____.;and that I am worth the amount expressed in said bond,over and above my just debts and liabilities. .......~.~~~-..~_~__-.~. -------_._-----~----~~--._----~._~-----------------'":""-.-------------------------------_-.:._- COMJ\lONWEALTH OF PENNSYLVANIA,}SS·WASHINGTON COUNTY,'". Street P.o. And now ,..............................19 ,comes . whc being duly sworn,says that he is acquainted with the financial standing of the securities to :he within bond;that the said obligors have each executed the said bond and that the sureties thereto are the owners cif real estate in their own right of value more than the penal sum of said bond over and above all incum1.rances and exemptians. 3worn and subscribed before me this .. day of ..........................______A.D.19 .. -.....-~-_.. ...·Gl....· 1Il·i.e ,,'iii'.Gl Q) 0.:': Ill: Dl < Fl~1 FD i 0 a: ~ c..I 0 •1Il1..",-./I , z •III ,, !0 t:+ '7l!JUL I~i PH ,0 fa 3~ ~ 0 t :Q):: ;:w :.....:~·, ,~<:.":: l'~lis SELLiM ARllN 0 z l- f: ~13 Rf11STEH iOF WILLS za: ~ .. .....w W~~'HNGTQN co.l PA. I< u:t x: ~N0 ff ....I- 0-: g < ::: 0- m 0 ~ 0 en Z ....a ~." ." o c: c: A:t' c:0 0 ~ ."al alc:« ,;·,·'1 .;'1 -;:",,,,:-,,,- ; "1".;.'- ,,' t " ,~J ,..' .~ 13E.F..ORE.·.".THEREG:t.'B.·.~llE:H.'Of!'wiLLsOF~~TA.SHJ.N(;TOiT:6oHt\T'T'V.PA, No.63-71-348 .., IN RE: ESTATE OF ROBERT VULGAN, un •.,.....,..-_: 1-1'- '" ..-,., ",,\/'" F"..>/~"""'-.... r::-./"""'0_e;f I/l __,~, c::> .."-.Jroy ~ c-rc=:r- ,-rn-~.). 'CC .. ~- e,.,.., ..=': 471·1502 ..~'::O(j)~'.;U.~..I.,~c::--,.I.:l).IJ1 Deceased ~'i),,,:.......:;::1..'.IV ».,,,....;0.'."Ole~.~~..en (:>, -(f)(j'):z:-'-1-'m .tt').•..rnr~;.t,r- ",-oJ 2 0_ .~.~-T''-:'"~,... \~. .' .J, I;.~ /:'!.! -~ II.!!i'i.:·... I·~,')l><,,3ri~'Il1j " i I I " .I , ("~ I',.".:. "'--t7::r-r-;~ --f ;:;'-- '.20..- ···'fFl.I.'..~:c,.....'E.-'.Eb~'4E~~~.~KRAUli'.&BAKER.....rr .,Attorneys at Law ,-.,.IIUl i'Ki":'r.:bUILDING•0 ~PInSBURGH,PA.15219 f:.I:ii>~~C ___:•.......-.c ~),_,~'_c.~~•••..•••.j I S\iI,~,~.......~.,._~..l..,.,"~",,"-~~_'.'..,._._.....'h ..idT _....~._••~j .. It,' JAB:hs 6/14/72 BEFORE THE REGISTER OF WILLS OF WA3HINGTON COUNTY,PENNSYLVANIA l IN RE:ESTATE OF ROBERT VULCAN, . Deceased § , §: , §,'§..'. § § § § .,,. No.63-71-348 t ~, .',,'"I.-.!!.. NOT ICE------ ...The undersigned hereby appeals to the Orphans'Court of Washington County,Pennsylvania frOD the decision of the Register of wills in the above est~te,"admitting to probate a certain writing dated the 10th day of Febru::iry,1971 as the Last Will and Testament of said decedent and granting Letters Testamentary thereon. being duly sworn doth depose and say that the above mentioned Appeal is not intended for delay. Sworn to and subscribed before me this /.-(.,'"J "day of :Tv l'\.~,"1972 ~~.. G~;!J~ AND NOW this PI day of -~....,;;t(l.e&",-~.-!!~"\,-----,1972,securit in the above Appeal is fixed in the ~o~nt cf $500.00. AND NOW this ~day"of ~...-.,1972,Bond of Appellate with sureties in the sum ~O has been filed and ,approved. .' , REGISTER OF WILLS OF WASHINGTON :OUNTY ~-l-l!M:~ ':'d J10 )12 '--i--l /~.'II l3 _11 -3 48 •II, .j \. LAST WILL AND TESTAMENT L OF" ROBERT VULCAN i-iI ,~ • '. ;4) '\.....' <-:.. J-~_._~ / .I .1 And now March 30,1971,it being adjudged that said Will has been proved,it is hereby Qamitt.d to probate and or- dered to bo recorded and Letters Testamentary are issu~ to MRl"gtH'At.17111 ("An In..g~,"d Testament named who was~ouly qualified. Hn q iell M~,rino,RQgl(JtoI' SAMUELN.GOLDMAN ATTORNEY AT LAW LAW Be FINANCE BUILDING PITTSBURGH.PA.15219 TELEPHONE 281.4300 WILL BOOK III PAGE 479 ..L~ f 1.~ !j 'j' }SS.: 19 Z!...,co..es.."21i....~.~._. who being duly sworn doth depose and say that...s.he _will well anc..truly admin'.ster the goods and chat- COMMONWEALTH OF PENNSYLVANIA, WASHINGTON COUNTY And now 72i;;:;l..:~..Q , tels,rights and credits of RQp..§.~t.Y..JJ.l.~.gn ::.-deceased, to the best of .....he.r...skill and judgment in strict compliance with the laws of th:s Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subcribed before me this ~a . d(JJ ~~_ _A.D.19?.!. ..../~.~:.. RegIster I~!(J'S E)r:cy,~·f<·.b.r:i1rW:' R'EGISTEP,,)~'WILLS \VASHINGTCfI CO .•PA. :.1 ..'II,!-11\\~:.,.ji j !~.II)U..r i H-iiio'..w-r ....'"p. I'Fh~R ?~PTf 1~.......~e. \"1')::: !....~. I 0") -.3 -' • .'..~~~j loJ-7 /-1tJg i\ppliration for Jrobutt of lUill of..RQ;l?.~R1.YQ~9.~~. ................................................:.,late of ~.€tt.~.:r.§I'.QYr.n.§h.i.P.,Washington County, Pennsylvania deceased,and ~rttut of 1Jjl'ttl'rs IDl'stttttttufttry. REGISTER'S OFFICE; WASHINGTON COUNTY,}SS.: Before the Register of Wills of Washington County,personally appeared MARGARE'X yULCAN who being duly sworn says that...~~E.~E.'!::y~!.~~~late resident of .f..~t..~.t:~L..I'.QYr.n§h.:!:.P.,\Vashington County,Pennsylvania,a citizen of...P...~.§..~.~.::died testate at..g;b,t.t..~.P..~.;:g.h.!~~.~on the ?'!::?.:day of ~~E.9.~A.D.1g ?.~.. 5 •4 5 ' I k a •56 I'f h . d I f $.ok 0at..'oc oc m.,age........................eavlng an estate 0 t e estImate va ue 0 ll n wn .. personalty,and $Y.:r..~g~~P.-realty,said real estate being located in .. The decedent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE ~b..)va.L.Ley.orUUK J:5ruaa Margaret Vulcan Wife R.D.#1,Venetia,pa I I I I I I \! ,, / Testator has ~~.~married and D:9.children have been born since the...'\ execution of the willof[ered for probate. Petitioner prays that the paper writing filed herewith dated .f..~.Q.r.1!.ia.r.y,l0 19.7.1..,. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to .M.ar.gar.e:t y.ul~an . whose postoffice address is ~.§}.Y..~.1J.~.Y...J~E.9.9..~~9..~9.:.t :~.~.P...~:!!.~.!y.~.~~.~.~.~..~¥..~..:.. Sworn to and subscribed before me thiS..m1..~1 ~ d"UJ..~~._:-____.A.D.19.7.1..._'!Jtk..!4...&L ~._ ..../~.../I.~~/'::;·:;.~~'ret Vulcan ' .Register . LAST "WILL AND TESTAMENT I,ROBERT VULCAN,OF THE COUNTY OF WASHINGTON AND COMMONWEALTH OF PENNSYLVANIA,BEING OF SOUND MIND AND MEMORY,DO HEREBY MAKE,PUBLISH AND DECLARE THIS TO BE MY LAST WILL AND .' TESTAMENT,IN MANNER AND FORM FOLLOWING,HEREBY REVOKING AND DECLARING NULL AND VOID ANY AND ALL ~ILLS AN[CODICILS BY ME AT ANY TIME HERETOFORE MADE. FIRST:DJRECT MY EXECUTRI~TO PAY MY JUST DEBTS,THE EXPENSES OF MY LAST ILLNESS AND MY FUNERAL EXPENSES AS SeON A5 CON VEN I ENT AFT ER ".Y DEC EASE.' SECOND:ALL THE REST,RESIDUE AND REMAINDER OF MY ESTATE,REAL,PERSONAL OR ~IXED,A~D WHERESOEVER THE SAME MAY BE SITUATE AT THE TIME OF MY DEATH,I GIVE,DEYISE AND BEQUEATH TO MY WIFE,MARGARET VULCAN,ABSOLUTELY. THIRD:I HEREBY NOMINATE,CONSTITUTE AND APPOIN MY WIFE,MARGARET VULCAN,AS EXECUTRIX OF THIS,MY LAST WILL AND TESTAMENT,TO SERVE WITHOUT BOND. IN WITNESS WHEREOF,I,ROBERl VULCAN,THE TESTATOR ABOVE NAMED,HAVE SUBSCRIBED MT NAME AND AFFIXE~MY SEAL TO THIS, MY LAST WILL AND TESTAMENT,THIS 1971. (r"O , SI GNED,SEALED,PUBLJ SHED AND Ii>ECLARED BY ROBERT VULCAN, THE ABOVE NAMED TESTATOR,AS AND FOR HIS LAST WILL AND TESTAMENT, IN OUR PRESENCE AND WE,AT HIS REQUEST,IN HIS prESENCE·AND IN THE PRESENCE ~F EACH OTHER HAVE HEREUNTO SUBSCRIEED OUR NAMES AS WITNESSES,CERTIFYING THEREBY THAT THIS ACT IS OF HIS OWN FREE WI LL AND ACCORD,EXECUTED WI TH F",ULL TESTAMENTARY CAPAC I TY. ADDRESS 0&'<-~;};)Z~J 4f ADDR,:':SS 1 L]-7/1.~'l'? Qtnmmnttnt~ult4 nf '~UU!iylUttUiU BE IT REMEMBERED,That upon this .J...g.~.~_~day of ~~.!.:.7..~.. 19 7.l..,before me "Rld.S..s.f;lll..J1§.r.JJ.l.Q ~Register for ,the probate of Wills and granting Letters of Administration within and for said county,came .. ...............................~~.p..~.~,~.~.~~.~~~.~.~.~~.!2.~~.~~.~.~..~~.~~~.~.~.~. ...........................................................................................................the subscribing witnesses to the foregoing attached Will of Robert Vulcan .................................................................................................................................................................................................~••••·•••••••••••••••••..••••u • •}eceased,who,a£ter being duly qualified according to la\7,depose and say:That they were present at the execution of said V\.Till-saw the testat.r.J./!;sign the same-hea~~d h.~.;:publish it as and for ............he.r..last Will and Testament;,that they at !}.~E request,in ~.~E presence,'and in the p:.-esence of each other,subscribed their names thereto as wtnesses;and art the time of the doing thereof said te3tat.....Q.t.was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Swo:."n and Subscribed Before Me 'II ~~~..........r.~_.. ,Register ~2 ", ·'tId "OJ NO.L;)NIHSV'A\ son/fA :10 U31SI~)3(J oNIU\'i.;'11]ssnu .f. ","RO'•.•1 ~\1 ,,,,,' ;'! 'i':. ',":'~ >~ "I 1 l' I"¥-..,--.:' " ;'I ",f t ;fi -:.- ;••.;1,,;<,,<-:.~:~~~,,~l!:;,·t--~:; - ,n'.".',.,""~". --:i,.;;·l:c::ili~·~,'~"~;£~~,,:,";;J ~~:<' .. ,......- "'.', '·~~;~l':':t:··...".-....~. .,{. ,..'~ .';' 'j t•t lit "......111' rn r'-,"-". , P'r1'.::0- "n ~t1 ;::x r 'oJ ~-en ,,"",Anarnlll/l,lI,.:lnwnoo,,,,,,,,, IN RE: ES'l'l\TE Of'nODERT VULC~N,Deceased NO.'63-71-348 J~E',I'J:TION'''RPR:CITATIONSU~.,AP ~AL FROM REGISTER IN iR,OBATINGi3Y!JLL ~,'" ',:Jp ifri':~;\...AJ' Jot: '.. •.''''F'fj\:·'J~~zr,f'?r!·!,;.~;·'~;~~;~~~~~~;:~,'JI IN'THE,c6lJR~';6F'cg~O~:,,,PD§.~S:." ,of,wA~HINcTON,cbBi~T;Y;,,:PB1\J':NA.' ORP:fiANS·C0URTDIVIS"1:0N" ,'01'" " ,,h."'j ~, ~ t,' ~I 1,····· \._,',',I ,,,II ", ii' _"1~ ;.5 ' blll~ ".~,,"""'.'r'-,- I' •:<-. """"',k','}~':'••".,""I,',.~":~-.'. \ "" J, " SB:GB 9/21/72 IN THE COURT OF COMMON PLEAS OF WAEHINGTON ~OUNTY,PENNSYLVANIA ORPHANS I COURT D1VIS:ON -, IN RE: ESTATE OF ROBERT VULCAN, Deceased ) )Fo.63-71-348 ) '." PETITION FOR CITATICN SUR AP?EAL FROM REGISTER IN PRCBAT-NG WILL And now,comes Shirley V2lenti,Y0ur petitioner,by her Attorneys Krause &Baker,and files thi3 appeal from the Admission to Probate of a Will in the above matter,respectfully representing: 1.That Robert Vulcan,the decedent above named,died on March 7,1971,a resident of the County of Washington, Pennsylvania,leaving to survive him as the persons entitled to h s estate under the intestate laws the following: (a)Shirley Valenti Laug~ter 824 Bloom Street North Bay,Ontario,Canada; (b)William VUlcan).,.Son 103 Country Club Dri~e,#2 Williamsburg,Vir.ginia 23185 (c)Robert Vul~an,Jr.,Eon Box l'41;"C','.'6,-:Redwd :)();Dri ve v.enet:i;:a'X,.PE?I1l).:!?y'~'Y_~~:i,.~a (d)Margaret Vulcan,Sp~~se 263 Valleybrook Road L-·\Venetia,Pennsylvanic ...... 2.That your petitioner is c party in interest in the estate of the decedent,,entitled as,a Eurvi'\7ing daughter to two ninths (2/9)interest under the intestcte laws. I 3.That your petitioner is further a party in interest in the estate of the aeceaent,ent:....tle·::l as a surviving aaughter to a one thira (1/3)interest under a ''ifil:''of deceaent aatea October 18,1969,a copy of which :....s a=tachea hereto,maae a part hereof ana markea Exhibit JlA II _ 4.That a certain writing alleGed to be the Last Will ana Testament of deceaent,a copy of w:1ich is attachea hereto, maae a part hereof ana ma;rked Exhibit IBII ,purporting to have been made on.February la,1971,·was admittea to probate by the Register of Wills of Washington County as the Last Will ana Testament of the saia decedent on March 3[,1971,ana Letters Testamentary were grantea to Margaret Julcan,as Executrix under saia writing. 5.That on July 14,197~,Y0ur Petitioner filea her Appeal from the Decree of the Register anc july enterea the security requirea by Act of Assembly;ana t~e recora of pro- ceedings before the Register has been QuI}"transmitted to your Honorable Court. 6.That your petitoner believe~,and expects to be able to prove that,at the time of the eXEc..ltion of said writing the physical ana mental condition cf the ce::eaent were greatly impairea by illness and infirmity,ana th~t he was not a person of souna mind,capable of aisposin~by Will of his estate>;ana further that said writing was proc"l:rea by fraua,unaue influence,, auress,and coercion constraint pr~cticea uJon the aecedent by Margaret Vulcan namea in saia writing as sole beneficiary. In adaition,and in the ~lternati7e Petitioner expects to be able to prove that the signature at t:1e end of the pur- portea Will is not that of the aeceaent;and!or that such sig- nature,if it be that of the aecedent,was ::1ot placea upon the purported Will as of the aate set forth thereon,and was not placed thereon in the presence of the .a-=.testing witnesses. ,. .. 7.That your Petitioner believes and therefore avers that the following reasons substant.iat=the allegations made above: (a)At the ime of his'death,decedent was 56 years of age,was suffering from termina~ca~cer,and was in a deb- ilitated and weakened physical condition,and his mental cap- acities were substantially impaired; (b)Prior to the onset of the de~edent's illness, decedent and his wife has separatec:on many occasions;and their marital relationship in the two yec.rs prior to the decedent's death had been stormy and marked with great differences; (c)Upon the onset of tl-.e decede:1t's terminal illness,decedent was required to cepend up:m the said Margaret Vulcan to care for him,prepare hiE meals,~nd otherwise aid him; (d)The said Ma:::garet Vc:lcan threatened to leave the decedent and withhold care from hirr,unless he executed a Will naming her as sole benefic~ary; (e)The said Ma=garet Vu1caL,or other divers persons related to her,ordered and procured nLmerous Wills for the decedent at or about the t~me of his demise some of which made provision for his children and some of which did not,thereby confusing him; (f)The said Margaret Vulcar.,used her position as wife of the decedent to prevent him fram seeking counsel with his own attorney; (g)The said Margaret Vulcan,used her position as wife of the decedent to pre.vent him.frem seeing,counselling with or talking with your petitione~or her brothers,except in the presence of the said Margaret V~lcan,or in the presence of one of her relatives; (h)The said MaIgaret Vuican,used her position as wife of the decedent to imfroperly 3way him against his children, who were then among the natural objects,of tis bounty; ,. (i)The said Margaret Vulcan,used her position as wife of the decedent to confuse,misrepresent to the decedent concerning the nature,value and st3.tus.of r.is estate; (j)The said Margaret Vulcan,used her position as wife of the decedent,to misrepresent t~the decedent that a Will which she was to execute,and which was sho~n to decedent,would be used to channel one half of his estate tc his children; (k)The said Margaret Vu~can~by reason of her positior. as wife of the decedent,and by reason :>f his weakened condition, used undue influence to convince the de~edent that the will which he was executing,would provide one half of his estate to his children; (1)The writing,as probated.does not contain the signature of th~decedent a~the end thereof; (m)The writing;as prob~ted.was not witnessed by the attending witnesses in the presence of t~e Testator; (n)The writing,as prob~ted.was not signed on the date set forth therein; (0)The decedent,by reason of hi3 illness was without testamentary capacity as of the date on which the alleged Will,as probated,was executed,in that the Testator was not then aware of the natural objects of his bounty,nor of the nature and character of his estate. WHEREFORE,your Petitioner prc::ys your Honorable Court to award a Citation directed to all parties :...n interest in the decedent's estate as heirs,relatives OI next of kin,devisees, legatees or executors,to wit: Margaret Vulcan,surviving widow,legatee, devisee and executor; Robert Joseph Vulcan,s:>n William Frank Vulcan,s:>n Shirley Jean Valenti,d3.ughter,·Petitioner herein, ,. to show cause why the said appeal 3hou~d not be sustained and the Decree of the Register set asi:le,and C.n issue be directed to try by a jury the following que3tions of fact: (1)Whether or not at the ti~e of the execution of said writing the decedent was a pe=son.of Eound mind? (2)Whether or not the said ·.vriting was procured by undue influence,duress and constraint Fracticed upon the decedent by Margaret Vulcan and other divers persons related to her,who was then and there acting in a confidential relation- ship to the decedent? (3)Whether or not the signa~ure appearing at the end of the writing is the signature of the jecedent and whether or not it was affixed thereto in tt.e p=esen:::e of the attesting witnesses? ,.. COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF ALLEGHENY Before me the undersigned aut:-lOrity personally appeared SHIRLEY VALENTI,who being duly SvTOrn .3.ccording to law,deposes and says the facts contained in the fo::::-egoing Petition are true and correct to the best of her informa~ion,knowledge and belief ~~L,-,-,-Io~0m.:tu~'-- Shirley V~19nti Sworn to and subscribed before me this '2-7 day of ~1972. 6 £te-l4 I,RQBERT VULCAN of Peters Tm-mship,11ashington County'., ,. .LAST ~ILL AND T~STA~8~T o "I ~ ". :'J I'I, I'-• Pennsylva~ia,being of sound mind,memory and understanding,hereby make,·~ublish and de~lare this as and for my Last Will and Testacent, hereby ~evoking all Wills or v..rritings in the nature thereof by me, at'any.time he~.etofore made ~~.;.,"'.~:L:,;:':".'.::.. '. THIRD:By reason of myconfide1ce in Adolph.L.Zeman,Esquire, SECOND:All the rest,residue and remainder of myesta:.e, real,personal and mixed,of whatsoever kind and wheresoever situate, I give,devi;se and bequeath unto'my children,ROBERT JOSEPH VULCArJ, JR.,WILLIAM FRANK VU~CAN and SHIRLEY JEAN VALENTI,"share and share alike. "," I ..• ...,AIdirectthe.payment of all my just debts,funeralFIRST: taxes as soon as convenient after my de:ease.\. , .~.,,~.,...L,...:.,.........'._.,_b,....-:.~~.:-,'.."-"-'~~..'.......,_.•.•_.....1('-7:~.expenses,costs of administering my estate and transfer inheritance .. I fil i' t tII'I· I~f I" I:~ -,of my estate. :'.':.;.:::-, then Robert L.Zeman,Esquire,to act as Attorney in the settlemen:. il.. . \:and'Robert L.Zeman,Esquire"I d,irect m:l Executor,hereinafter .~a~~d,,....ir--·-.~··--·-----····-~..-_..-_:~_-_.._._.'.""..".~j.-:-.~_,::.-,..'._~~~..-..':;"'--."'"'''.' ~t.o employ the sa~d Adolph L •.Zeman,Esqu:.re,or ~f .'1e be deceased,'1 .• I II (Seal) ".."\'. ~'.,. ;'. :;.:'.'' ';':.:"..... .. ,,,:;..~"'.'?.:."',.~• • ,.' ...,..'....... .~. Inilitne.:Qif3eoC'.I have hereunto set .m~.hand and seal day of~,1969. ··fDL~~.''.Ro ~u can;. LASTLY,I nominate,constitute and appoin't Robert L.Zemon,, Esquire,3xecutor of this,my Last i'J;ill and Testamer..t.· "'--.-.rH -~~•__.~__._._....-'~.__'._-.._.."""-'--'-'""---•...i..0 .-'-''__._.__.,.._ '._'_.._._.__._~__.~.___....,,_._. .S'igned,sealed,published and dec ~ared by the above named Testator as ar.d for his Last Uill and Testament in the pre'sence of us,,·[ho at :'1is·r~quest. and i ..is presence,and in the presence c-f each other,all being p:-eser.t "at ·t';;',>a~,'..ime,.have hereunt.o subscribec our names as witnesses• ..:-'1{lt't{};ttLt<.,..,> ':'>.,"....',.\' ~J.'1I! :':;". --'---'-"'--'-'---'-'--~~-------~.-".,,-,,-.-.-_...._------.,.._...._--------- .. -' LAST WILL AND TESTAMENT, ./ I .,'.','."'~~,:':'",',;.J·,~'~.:·I··.J.:~;··:~t.:.:·~.:·.:.):;.}'\',:.'.~":,'"..'~ __.,_..-.~-~-~_4 -"-:-~__.·- ..~.'._--~.".'".'......~.. .~.'..i \ ,'.- I ,ROBERT VULCAN,Of"THE C::>UNTY or WASHINGTON .AND COMMONWEALTH OF PEtlNSY,LVANIA,BEl NG'::>fSOUNO let I NO AND MEMO'RY,'DO HEREBY MAKE,PUBLISH AND DEC.LARE THIS TO BE MY LAST WILL AND ." DI RECT MY EXECUTRI.X TO PAY MY JUSTfiRST: TESTAMENT,IN MANNER AND FORM FOLLOW;NG,HE~E8Y REVOKING 'AND I !OECLARING,NULL AND VOID ANY AND ALL ~ILLSA~D CODICILS BY ME AT t .1 ANY TIME HERETOFORE MADE • .! '..:!: .•1','•.i I ..,i .,DE BTS,THE EX PEN Sf:S 0 F 'M"LAS T .ILL NESSAND In FUN ERAL EX P:ENS £·SI ...". .'.!AS SOON AS CONVENIENT AFTER MY'DECEASE..' .'I' I I •i ".: I SECOND:AL.L THE RESl,RESI[lUiE AND REMAINDER OfI.I ,\ I . I MY ESTATE,REAL,PERSONAL OR MIXED,AND WHERESOEVER THE SAME MAY I HEREBY NOl-INATE,CONSTITUTE AND APPOINTTHIRD: .'.,:1 BE SITUATE AT THE TIME Of"MY DEATH,I GI'VE,DEVISE AND BEQUEATH .'!!.TO MY WI FE,MARGARET VULCAN,ABSOl.UTELY. ,:11 '.ij:'.:. I . jlMY WIFE,MARGARET VULCAN,AS EXECUTRIX OFT~IS,MY LAST'WILL AND IIIifI TESTAMENT,'TO SERVE WI THOUT BOND. I ;! ~. I.': .' :,",.:,,. IN WITNESS WHEREOf,I,ROBERT VULCAN,THE TESTATORi II"":jIi IIP1:;'1971'.· II 01IIII ' II 11 i'ij ·1 d ABOVE .NAMED,HAVE SUBSCRIBED MY NAME AND Af"rIXE~MY SEAL TO THIS, MY LAST WI LL.AND TEST AMENT,THIS .Itf)DAY 0,'~.f;",,?I'./".I :-~I'0~. ,//t 'L 1 !.I Ii ,P ../"···'·'/v .-)'!.c''l/.··t (.,'(,/f;,,~.,;...\SEAL. ROBERT VULCAN i \ ; SIGNED,SEALED,PUBLISHED A'ND DECLARED BY ROBERT VULCAN, THE ABOVE NAMED TESTATOR,AS AND FOR ~IS LAST WIll AND TESTAMENT,: I"OUR PRESENCE AND WE,A~HIS REQUEST,IN HIS PRESENCE AND IN THE PRESENCE or EACH OTHER HAVE HEREU~TO SU8SCRIBE~OUR NAMES AS,.WITNESSES,CERTifYING THEREBY THAT THIS ACT IS or HIS OWN FREE .\'WILL AND ACCORD,EXECUTED.WITH FULL T£STAM(NTARY CAPACITY.I .i L ..~i .1"Fl..,.'~.~.~~..2<.~N?KCkJj.~....•...dJf ,!)1!~1:~~ss C,.J1;;~i/tJ1· J.-:-r--7').~~:'r:.?);)/../t/-")".-../-1!-;k-r''Yv''=-''=,1:'?IA'~~~:&Z c:....~t./</1,l-d~~-,0}7- Ir.._..QI PH;8 D V .,,AD 0 n ,~~,.:/--_.._-,,.·,.._-"t---............,_.....~.............._....,.,.....--...._·~-....,..·__·_-_·_---.._·....--,...~......l,...-.· ·f.a _.__,.'f !~~,;. I"j I. ,0 ,. DECREE OF COURT And now,to wit,this ~dcY 0:: consideration of the annexed Petiticn,a cit:ition is awarded directed to: Margaret Vulcan,surviving vidow,legatee and Executor of the Estate cf Robert Vulcan, deceased; Robert Joseph Vulcan,Jr.,son of Robert Vulcan deceased, William Frank Vulcan,S0n 0::Rob=rt Vulcan, deceased, Shirley Jean Valenti,d~ughter of Robert Vulcan,deceased, to show cause why the appeal of Shirley Vale:lti from the Decree of the Register of Wills admitting to p~obat=a certain writing dated February 10,1971 as the Last Wil~and Testament of Robert Vulcan,deceased should not be sustai:1ed,the Decree set aside and a Jury empanelled to try the ::ollo"...ring questions of fact: (1)Whether or not at the time of the execution of said writing decedent was a person of sound ~ind? (2)Whether or not the said w=itin~was procured by undue influence,duress and constraint practiced upon the decedent by Margaret Vulcan and otheor d::'vers persons related to her,who was then and there acting in a confidential relation- ship to the decedent? (3)Whether or not the siqnature a?pearing at the end of the writing is the signature of~he decedent and whether or not it was affixed thereto in the presence of the attesting !N RE: ,ESTATE OF lht IDiff <!1nurt of Qlnmmou tdlruB of IIuall;ngtntt (lJounty,lhttttnghtnntu (@t"pl1tttUI'QIuurt llItnhihut (~~R01lli~~~~~~-,-.~(llHutton I,,0.63-71:348 QTnuunl1tt1U~'altl~of J~lUt£iylllatt:a ! 11'r 1!tt .an:~nuutyof 1Wtnn~ittutntl . To:MARQJtRET VUT!CAN,263 Yaleybrook-Ro..ad.,Venetia,Pennsylvania Sur Petition of:--"S~H......I.......RLEY VALK:1TL_ m~QrUl1tUtttUll :mutt -MARGID.:r-_-\11lLC.A.i"'_r_---.,+_(spouse~Rb~t~~16~fi;tleceased) that,laying aside all business and excus~s whatsoeler,you GO "file in the office I of the Clerk of our Orphans'Court of Washing;::on County,a full and com- plete answer,under oath,to each and every of the avernents of the said petition,on or before__Wednes~_,~he 11thday of_-=Ap=r:....:l=·.I"'-__~ ,•iI , !. o'clock__~.M.,and show '~ause why the Appeal of ..-~.,.--~-----_':':-_-------- and further abide the order of our said Court in the premIses, If you fail hereof,.the petitioll1nay be taken PRO CONFESSO,and a decree made against you.c.G.SWEET, WITNESS the I-Ionorable ~W~XM'"~T9}Judge of .our said Court" lt Washington,Penna.,the 6th day of Fehliuary,19-+7-.73- ~2n,,-.~~ Clerk of d1e Orphans'Court .1 KRAIlS1L&-~,Esq." Attorney for Petitioner.1102 Frick Bldg., "Pittsburgh;"-'pa." (Seal)15219 (Scott Fergus,Esq.) .".s.\ ;i cel ':lIDE ~_~~..J..__.....~(_.-~~ 1irle,\,r Vaten"t 'from the Decrel i.~~le Register ofl'lills admittingt~pr.6f)~t~1 a ~'tain wri'ti~S~;..,~February 10,1971 as the Last W,ill ar:et ,~~:t,.,mt of Ro)bl?~,ffiean.deceased,should not be sus- tained;'tne":1:~cree set aSIde'and a Jury empanelled to try thefollowingquestionsoffact: (1)Whether or not at the time o£the execution of said writingdecedentwasapersonofsoundmind? (2)Whether or not the said writing was procured by undue influence, duress and constraint practiced upon the decedent.by Margaret Vulcan and other divers persons related to her.who was then and thereactinginaconfidentialrelationshiptothedecedent? (:3)Whether or not the signature appearing at the end of the writlng is the signature of the decedent and whether or not it was affixed thereto in the presence of the attesting witnesses? Returnable the 11th of April 1973 at 1:30 p.m.Answer to the rule to be filed by 4 Apr _ hearing on return day as set hereinabove. lUi: litt wqr (floud of (ltummnn JlrtHi nf lJanijittntntt QIUltttty.ittruuliylmmiu '®rlll1~ttla'QIuurt ~Ha-i!itntt··. ( ) (£\0.63-71-348 ) ( IN RE: ESTATE OF (. ) ( ROBERT VULCAN,)_.-*-----15ECE'ASED.( ) Q!uUtmU1l1u~alt4nf Jrttttnyluatttu QtUltttty nf 1t~an4i1191011 To:WILLIAM VULCAN,103 Country Club DrivC?,#2,\'lilliamsburg,Virginia 23185 Sur Petition of:SHIRLEY JEAN VALEN'=.'I,daught.er of R0bert Vulcan,deceased :.':.;. lU.r Qlnlluntttt~inu.vHLLIA.M VULCANJ , .-son of Robert Vulcan,deceased, that,laying aside all business and excu ;es whatsoever,you :10 file in'the office of the Clerk of our Orphans'Court t)f \~ashiilgt0!l Coun~y,a full and com- plete answer,under o~th,to each and every of the averments of the said petition,on or before Wednesday ,the~l-l;t day of__--=-:::Ap=r=-:~='1:-_ -./--'-------.._-..~--. .and filrther abide the order of our said Court i:1 the premIses, If .you fail hereof,the petitic·n may be taken PRO CONFESSO and a decree made against you. c.Go SWEET, WITNESS the Honorable Rx:x,~,Judge of our said Court, at Washington,Penna.,the 6th day of__~=-:Fe.=..b,-".r=-:l_la--=-r..i.Y~_,19 73 l~A~ .Clerk of the Orphans'Court CD KRAUSE &BAKER -------·.-rl:B-2-F-rick Bl~<J·s, Attorney for Pe~itiol1er.Pittsburghs•.?a., 15219 .-.... (Seal)(Scott Fergu.s,E.sq.) .''·n'·~h·0.5'·· '. -----~.--_......~'"'---~,,'- Shirley Valenti fr0 ill the Decree of the Register of Wills admitting to probate D.certain'hTiting dated Ft';bruary 1'0,1.97l.as the Last Hill 8-11d Test;a'1lent of.'Robert Vulcan,deceased,should not be sus- tained,the Decree set aside and a J1..l:ry eIJpanelled to try thefollO\'!i.ng qUE"::stlons of fact: .(1)\Vhether or not at the tlme of'the execution of said \V1:'iting "d.decedent "'ras a person of sound mind? (2)Whether or not the said writing was procured by undue influence, duress and constraint practiced upon the decedent by 11argar'et VUlcan and otherdiver.s.p.ersons related to her,whowas then and'there acting ,ina conf'ident:ial relationship to the decedent? ..(3)Whether or not thfe signature appearing'~at the end of the writing is the signature of the decedent and"\vhether or not it '\V'as af'f'ixed thereto in the presenoe of the attesting1'litnesses?'- Retttf'nable ·the 11th of Aprill973 at 1:30 p.m. Al1S1ver to "I::1'1e rule to be filed by 4 Apr _ hearing on return day as set hereinabove. OJnnunn1tut~ttltl~of Jrlt1tsyluttllia })', ,,as:(ttuunty of nItts~t1tBtntt r.! '. lItt W~r (!loud of QInmmntt ~lftt9 of Ihtallhtgfnn Q!ouu1:J.Jiettttl1yluuntu (@rplIUUfi'Qtuurt mtui£inn ( (!lHaHnn ~NO.63-71-3~ ( ) (ROBERT VULCAN.)-~··---"-·_·-DECEASif5.( IN'RE: ESTATE OF To:SHIRLEY VALENTI,82/+Bloom St,.,North Bay!Jntario,Canadc:. Sur Petition of:SHIRLEY VALE.W==_T'1",--__ 1t~r Q!Ol1tntttttll iou,-l)HIRLEY JEAN vtLENTI,d3ught-er_o.:LRoh£:rt Vulcan,deceased,.' that,laying aside all busine~s and excus,~s whatsoe\Tcl>you co·file -in the office of the Clerk of our Orphans'Court of \Vashington County,a full and com- plete answer,under oath,to each ane every 0:the avennents of the sa:d petition,on or before_~day._,the_1J.:Ui:lay of_.-Ap:P-i-l-._-- 19_7~,at =1..:.,,:3",-,O,--_o'c1ock.-L.M.,and ~show cause why the Ap.Qe~lt~o~fO--_ and further'abide the order of our said Court in the premises, If you fail hereof,the petiti.)n may be taken PRO CONFESSO ar-d a decree made against you. nC.~T!S~Et;.\VITNESS the'Honorable ~fr&..ioo,Judge of our said Court, at Washington,Penna.,the 6th day of__ .~~?-o~~ Clel:k of the Orphan,'Court ~. (Seal) I. I Krause &Baker E_____.--..-..--.--.--=-..sq.. Attorney for Petitioner.110z-F'rick Bldg.t PittsburgIlv .R4., 15219 (Scott Ferg~s,esq.~ 1-- '. ----------'------"----_.---.... Shirley VnJ..cnti from the Decree of the Register of 11i11s admitting to probate a'certatn writhlx'S dated February 10,197:t.as the Last 1'lil1 and Test2;ment of H.obertVulc811,deceased,should not be sus- taJ.ned 5 the Decree set f!.side and a Jl...l.rY eO})fmel1ed to try the folloHing questions of fact: (l)vJhether or not at thp.t.i.me of 'the execution of said '\Titing decedent was a person of sound mind? (2)t'hether or not the said llriting"l,·,ras procured by undue influence,. duress ar:d constraint p:."acticed upon the decedent by 1;'Iargaret VulcP.J1 CJ.ld other divers persons related to her,who "las -then and there acting in a confidential relationship to the decedent? (3)1vhether···or not the Si~;;a\~~·~··appe~rh~gat tIle '~nd of.the ,,,~ltinG is the signature of the decedent and v,-hether or not it wasaf"i'ixed thereto in the presence of the attesting witnesses? Returnable the 11th of April 1973 at 1:30 D.m. Ansuert.o the :rule to be-fi.ledby4 Apr -_:.....- hearing on·return day as set hereinabove. QTttaltuu ) \.!In: I\,\.) ( ROBERT VULCA.J."j )"."-'~-bECtAsEf ~.1.__( ) (ttnttttttluuntttltlI nf JrttttHylnuttin QJuuttty at ITa~lJ.iughHt IN RE: ESTATE OF To:-ROBER'l'VIILr,AN,'1m.,Box 14]C 6 Red\'Tcod Drive,Venetia,Penna. Sur Petition of:SHIRLEY VALENTI l~t QtuuttU&.ttlk ~n1t1 BOBERT VI LCMir-JB......_.+-,_ Son of Robert Vulcan,dec6aaed, that,laying aside all business and excuses whatsoever,you do file in 'the office I of the Clerk of our Orphans'Court of \Vashington Cour:ty,a full and com-..".. plete answer,under o~th,to each and every .of the a~Erments of,the'said petition,on or before_.Vl~dn?sd.=avJ-'__:,'the_.~lth day of._~~~A..::,J;p::..:r:....:i:..:::l=-.---'-_', .' and further abide the order of our said Court in the !premIses, .If .you fail hereof,the pe,titil:>nmay.be tak.crl,PROCONFESSO and a decree made against you. CoG.SWEET'- WITNESS the Honorable ~'iZfill~1&,Judge at Washington,Penna.,the 6tbday of February of our said Court, ,19_73 . •..~.(I ~)~~ =l~rk of the Orphans'Court CD ."' (Seal) KRAUSE &BAKER E -A-.tt-orne}'-{or ?etitio~;:-----1102 FrickBi~g., Pittsburgh;~-Pao,'... 15219 (Scott Fergus,Esq.) .. \ J r'1 •1 V 1 J'f'-'-'D ,.c.th R '....'"~7'II "-'-t '",llr ey,,a ell Gl rom ene ecree o~.e eg1S eer 0;(',l S amUl e lng to probate a certain '~iting dated February 10,1971 as the Last I'IUI and Testament oi'llobert Vulcan,deceased,should not"be-sus-" ta.in:.:;d,the Decree set aside 2J'ld a Juryer:lpaYlelled to try thefollo\Jing'question~;of fect: ~------.,.------I I I l (1)I'ihether or not 'at thP.tim"of the eXGcution oJ:said \'Il'~tingd(:cndent wc"s 8.person of SOlmd mind? ().l·":.-I...,'..Q C''..;"_.'.!J''T~'r ...."',..,.'.~,I {-'.p2,me oher or not 'th~oald I/J:'~o,l~I,"S ,J.d v ured by IL1du,lT~luenc" duress a!ld constraill'o ))::'acticed uI'on tho decedent by llargaY'et VUlcan J J 1 d .1 ' ..., ...d t'ana.a c.n.er .J."'lcrs persons re c:n;sd.'co fler','Who Vias tllGn GU'1"nere acti.ng in a confident.i.aJ.relation::;hip to :the"decedent? (3)\;Ihether or not the signature appearing at t),e end of th"\>Iritin,~ is the signa'cure of the decedent and whether or not it 11as a;[',fixed thereto in the presence of the 0.ttesting i-Iimesses? Returnable the 11th oJ:ADril 197'3 at 1:30 n.m.. Juls\'!cr to the rUle to be-filed by 4 Apr __:__ hearing on rettlr'n day a.s set hereina.bove" 1..-..••."_~__~••~._.. ,r,!l"~'"i , ;.1 ;'," No.63.:..71...;;;348",,,',,1.,,",,",',' " I",I,',":~~tl, .,,:,.. '<,."'.'. .<;:. ,'., ~..~i·". ,"1, ,. '\. ')'1, , ,,jll''"1l.,~~~' '.. ~,,:.'. :?:'!'LI;':'i'ii .~ ~-....J :::::n-..··r,•• "'--" I'....J ,"-'II "•-0:::':::0.--...J~6;"';;1 (.\ ~;-,-c::' ::t:--'(,r.."~Y~(}'~i'~.),:n-;,fJl "~:,.;.....~'~...,J~O·'~).'~, ,~,Q'"",,,''?1'~'8:-~·~·'~~....;:,,,:;0 ~.;-...:;: .....--.t",f"'-,,.......,...,.,,c""~, 6RDEROF,C0URT INRE: 'Ei:;'l'Nl'E~·0FIROBERT,'''''''C'.,.,,,~,""'j",", VU:LCAN..,,·De9.easc~?f·,· •.1;--·.·",:c.'..".,;,-,! ,/.-. ? .~ .,{•.<;·"l.<.·...i/.~..,~~.:.;if:~·,.:'~:ii:~~:1;.,n.;C,,· -"., ,'n, .,'....;~~<~;._~:: ,I" 1";' "'M'- '-'.-". 'i' 'J t, 1\ !'l"'I',.tl ...}..." " ~,. .'. ,~•••'~'..'oJ i SB:GB 3/26/73 IN THE COURT OF COMMON PLEAS OF WASEINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ROBERT VULCAN, Deceased ) )Ko.63-71-348 ) ORDER OF ::OURT ,r-) And now,to wit,this/;;Eay of March,1973 upon Motion of Krause &Baker,Attorneys ft~.L~hirley Valenti it appearing to the Court that a necessary witr:e'3s is phJ:·sically indisposed,it is hereby Ordered and Decreed tb~t the ~caring date in the above captioned matter shall be contin~ed to J~ly 2,1973 at 2:15 P.M. before this Court;and the retur~day fJr filing an Answer by all respondents shall be set fer June 1,1973. Notice of this Order shall ce given tc all respondents or their counsel by certified mail,return Ieceipt requested within ten (10)days from this Order. IN THE COUR'I;Uf'CUM.MONPLEAS OF WASHINGTONCOUNT¥.PENNA. ORPHANS'COURT DIVISION No.63-71-348 onJ RE I •ER'T'A'1'R nm 'ROBERT VULCAN, deceased. ..,. ANSWER.:TO'PE'TTTION FOR .CITA'TI'ON "SUR APPEAL .~ (;01 nFAR8 090!'GOLDr.·,no Po I I UHNJ:::VS AT LAW 50 WEST WHEELING STREI:::T t·~.....··'l·· .....,,~. ~~'~7"':···;;"- " ..-~~~~_·.,,-:..~,...1',"~ l..V -t'~ :'..,......''.' 7.:-1:.r"'rJ"\~.f'~"~-l~;,=~~'__l?".",.n t,·."~~" r'y -u~.X N ;-....." t~. :E:u:t.....m:::::J (/)"'~~~(J)--LJ .~.... .£-.~.r, 10)f'l"l r~ -4 ~r-~..1~~-;,-- tJ -J;~o ~::::1"II_~.-0 r--Z l>[;;o ~cJ ~'2) ~~~\,~Ol.:.;..f1i f ~, 2~¢":;) d,z,;lI'~~ ~ c' t •~, ~ WASHINGTON,PENNSYLVANIA 153/ /?-~-~qs9 q ,! IN THE COURT OF COMMON PLEl'.S OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ROBERT VULChN, Deceased. ANSWER TO PETITION FOR CIT~TION SUR APPEAL AND NOW,comes Ml=.RGARET VJLCAN,by her attorney, Howard E.Goldfarb,and files this ~nswer and alleges as follows: 1.Paragraph 1 of the Petition is admitted. 2.Paragraph 2 of the Petition is denied,because decedent did not die intestate.His Will,executed February 10, 1971,bequeathed his entir&estate to Margaret Vulcan. ,f.....~'l-.,,." 3.Paragraph 3,of the Pe~itiohi~denied,because the Will of October 18,1969 w~s.revokej.by~the Will of February 10,,..~~-,.,... 1971.Further,Margaret V~lcan dem~nds pre~entation of the original of the ~969 Will. 4.Paragraph 4 cf the Petition i::admitted. 5.Paragraph 5 cf the Petition i~admitted. 6.Paragraph 6 cf the Petition i::denied and on the contrary Margaret Vulcan alleges th~t decedent was of sound mind and capable of disposing by Will on February 10,1971,and that no fraud,undue influence,duress o~coercicn was practiced upon decedent by Margaret Vulcar..It is further alleged that the signature at the end of the 1971 will is indeed the signature of decedent,and that it was Flaced upon the Will as of the date set,f0rththereon in the presence 0::the attesting witnesses. 7.Paragraph 7 cf thePe~ition is denied and on the contrary Margaret Vulcan alleges as follows:' .1 .., (a)Decedent's mental ca?acities were not substantially impaired on the date of execution of the Will in ';question; (b)Margaret Vulcan and decedent had not separated for a period of at least one (1)year prior to February 10, 1971.Their marital relationsjip was not marked with great differences during said one (1)year period; (c)Margaret Vulcan carEd.fer decedent during his terminal illness just as she h3d cared for him prior to said terminal illness~' (d)Margaret Vulcan did not threaten to leave decedent or withhold care from him; (e)Margaret Vulcan did not order or procure numerous Wills for decedent.Proof is dem~nded as to any orders for Wills made by any other persons.Said persons are not known to Margaret Vulcan.She did not confuse decedent; (f)Margaret Vulcan did :not prevent decedent from seeking counsel with his own attorney; (g)Margafe~Vulcan did not prevent decedent from talk~ng·with his children; (h) .childreIl. Margaret Vulcan did not sway decedent against his Said ,children were def~nitely not the natural...~ objects of his bounty during the ~ear preceding the execu- tion of the Will in 4questidn; (i)Margaret Vulcan did not misrepresent to decedent the nature,value or status of his estate; (j)Margaret Vulcan did not misrepresent to decedent that she would execute a Will leaving one-half (1/2)of his estate to his children.On the contrary,decedent did not want Margaret Vulcan to leave any part of her estate to his two (2)sons; -2- • ,. (k)Margaret Vulcan did ~ot use undue influence to convince decedent that his Will was leaving one-half (1/2)of his estate to his children.On the contrary, decedent understood the Will whict he executed; (1)The signature at the enc is the signature of decedent; (m)The writing,as probatec.,was witnessed by the attending witnesses in the presence of Testator; (n)The Will was signed on the date set forth therein on February 10,1971; (0)On February 10,1971,and throughout the entire month of February }97.1,decedent had testamentary capacity and was perfectly awarerP·of the natur.al.objects of his "bounty and of the nature and character of his estate. ,. WHEREFORE,Margaret Vulcan prays your Honorable Court to dismiss the Petition and hppe.3.1. f1 t?Y ;;l 3,197 3 for COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Before me the undersigned aut::lority personally appeared MARGARET VULCAN,who being duly sw:::>rn according to la~-Q.eposes and says that the facts contained in the foregoing ~nswe~are tru7 and correct to the best of.her kno~edge,in~frm~io and bel~ef•.'..."~I"-~--;,.,.... (•..._..__._....,,"..;r:-..#.:it..'~/' Sworn to and subscribed before me this "d$l..tl'z::~.Ji:'N~iC NOTARY PUBLIC WASHINGTON.WASHINGTO\i co.PENNA. MY COMMISSION EXPIRES MAY 26.1973 -3- 1 , 1 ! '..-. ,ill THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS 'COURT DIVISION INRE: Estate of ROBERT VULCAN,' Deceased. ( )., .ff~\./l . " ;,"'J ,}y,:",,.;t I.')'f.'.'.,No,. " '..":"{f i J.....',I lJ ! "•.~..~11:,'""-(\•~(.."..J.~.~--" ).~ •;(r, ("' ~r <4:. ,'':.'.•,I'"(.L ~~ \""'~,ItI -1=-"l''t oj ~r I,1 • -'\.";.."i',t t'.'1;(:"'.!(,........ OPillI:JN AND CRDERU..;,~,:'f',':"(')-\t~·,,i~,·',"h....,. AND NOW 1 this 'Z'::==-day of Marc~l,1974, the fo llowing: I.FINDUJGS OF FACT the Court makes 1.That Rober::.Vulcan,::he cecedent above named,died on Ma~ch 7,1971,a resident of tee County of W3Shington,Pennsylvania,lea-vine to survive him: (a)Shirley Valenti,Dau~fhter 824 Bloom Street,Ncrth Bay,Ontario,Canada; (b)William Vc:lcan,Son· 103 Countr~Club Dri1e,#~,Wili.iamsburg,Virginia 23185; ~)RobertVu~an,Jr.,Son. Bo~141 C 6 Redwood'Drh-e,Ve'netia,Pennsylvania; . (d)Margaret vulcan,Spouse 263 Valleybrook Road"Venetia,Pennsylvania 2.That a certa.in writing sigled on February 10,1971,as the Last Will and Testament of decedent vas sdmitted t~probate by the Register of Wills of Washington County 2E the Last Will and Testament of the said decedent on March 30,1971,and Lei.ters Testamentary were granted to Margaret Vulcan,as Executrix ·under said writing. I ....... ,. .' "3.At the time of his de3.th,decedent wa~fifty-six (56) years of age and was suffering from teroinal cancer. ,4.Decedent was residing w,ith Margaret Vulcan as husband and wife at the time of execution of the a:oreE:.aid Will and continuously ,, therefrom until the time of his death. 5.'The aforesaid Will 01 February 10,1971,was signedon said date by decedent in the presence of the two (2)witnesses who are the subscribing witnesses on the Will. 6.At the time of 'the execution of said Will decedent was a person of sound mind,with testamentary cap8:city. .7.The said Will was not procured.by undue influence,.,. duress or constraint upon the decedent by the said Margaret Vulcan or by any other party. II.CONCLUSIONS OF LAW confirmed as the Last Will and Testa:rne~f of decedent. #"',,','t'''-'OJ .~"""\~,J -11~~..•:, 2.The issuance ;of(L.ett~-::':s'JrestaJ.TI~ntary by the Hegister,",~!:......,...._~........1...."r r of W~lls of Washington County to ¥0-Kgare~~yuy~~~n;a;~~:$xecutrix on March 30, ,.'1-..t..-r-....I...•,"• 1971,is hereby affirmed. ill.ORDER The appeal from the admi 3sion to probate filed by the petitioners is hereby dismissed. By the Court, <}, -6 - RC Col03 (2-64) ,1 -;.~OM~,\ONWEALTH OF PENNSYLVANIA ".YDEPARTMEII!T OF REVENUE ~UREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX DIVISION This return must be completed in detoil and filed in duplicate,wi,th the Register of 'I'll Is in the County where the decedent ~esided within one year after date of death,unless an extension is granted by the Secretary of Revenue, Co.,Pa. De,partment Valuation CAUTION(Do not writ,e in this space) aloket value of the assets and Estimated Market Value ASSETS (Attach additional sheets if necessary) Description 01 Asset Type of Asset: Real Estate,Pers. Property,Jointly He Id Prop.'orTransfers no Pennsylvania Transfer Inheritance Tax is due. Wit I 63-71-3 4 8 R •D•#1 Kd6i6X No.19 1,MCJ.Cau.r-.l:g:f.:'a~r.s::e~t_'lLTlu]..1J..I.C;.ca::l.JnL-l-'of _..J!.V-"e'-"n£e"'-t""-=i....a..,,~P~au.~1_5-"'3u.6'-'7'--_(Name)(Address) ,MMK-X being duly sworn according to law,deposes and says that he is t'he __-.:!E,=!:x!o:'.s;e~c<-!u~t!.:.r~i~x~--:----:-_ (Exec.,Adm.,Legatee,etc.) of the estate of_---=-:R:.=O~B:..:E:.:R:.:.T=---=-V_=U:.::L~C~Ac=:N~late of Peters Township,Washirgton(City,Borl!ugh,or Township) deceased,and that the whole of the estafe of s<Jid decedent,who died on ~M~a~r~c:=.h~7!-L,~1:..:9!.;7!....=.1,--_(:oote) consisted of the assets listed below and that allowable debts and dedudions exceeded t Real Estate Personal Property Vacant lot containing 3.935 acres fronti on,a dirt road,in Peters Townshit::,Wash ingtonCounty,Pa.Purchased frorr Barba Ellis,et con.by deed dated August 31, 1961 and recorded in Deed Book 1111,pag '333.Said lot was purchased by decedent for its top soil.County assessment is $235.00 1969 Dodge'van model AlOO 1964 Jeep Station Wagon $1,000.00 800.00 300.00 "'."....~ 1 000 0°,?oo - oQ..3 00 --- (for property held fointly with wife, Margaret Vulcan,see schedule ,attached), •.J I $2,100.00TOTALS'. REPORT OF INHERITANCE TAX APPRAISER I,the unclersigned duly appointeCl Inheritance Tax'Appraiser in and for the abo"e County do respectfully report that I have appraised the real and personal prop~rty as reported in the foregoing s~edul.e ,~t t~e values set f0rvt0PPosite each item in the last colu~.to he rigtbt-~~Q fu ~, Doted.'•Inheritance Tax Appro iser Name of Payee DEBTS AND DEDUCTIONS Nature of Claim Amount Claimed Amount Approv,ed by Register D'Angelo Mortuary Funeral Bill $2,193.50 Margaret Vulcan Family Exemption ;'1,500.00 Howard E.Goldfarb Attorney's Fees 100.00 Register of Wills Letters and Short Certificates 17.50 Washington Co.Repo ts Legal Advertisement 14.00 Observer Legal Advertisement 14.00 /I $3,839.0T:>TALS REPORT OF THE REGISTER OF::..J:ioI'4:!'t:l'I1~ I,the undersigned duly elected Register of Wills in and for the above Cou ,do respee deductions in the amounts set forth in the above schedu,le as claimed,ex ept ere I ha set forth a greater or lesser amount in the lost colu,mn to the right,which greater or lesser amount represents the s 0110 CI as a deduction. OCT 28 19(5RUSSELL ~~A,n1W'JData afApp",vo!' t~~c.:" :,t.//;: ~~\ '- ,,. : •Will".'} ,.KdmiH~maHKlK 63-71-348 No.Year__ )" ,, -y "r-'.....--.../....:.•. -,Jf:'i\'i J IN THE ," :MATTER OF THE APPRAISEMENT OF THE ESTATE OF ROBERT VULCAN Deceased Late of peters Township County of Wash;ngtoD Commonwealth of Pennsylvania REPORT AND APPRAISAL HOWARD E.GOLDFARB,ESQ. 50 W.Wheeling Street Washington,Pa.15301 (,~ .:..... .:'ESTATE OF ROBERT VULCAN No.63-71-348 JOINTLY OWNED PROPERTY Unimproved lot on Valley Brook Road, Peters Township,Washington County, Pa.Owned by decedent and surviving widow,Margaret Vulcan,as tenants by the entireties.See Deed Book 1142, page 481. Lot on Valley Brook Road,Peters Town- ship,Washington County,Pa.on which is a 2 story block building.Owned by decedent and surviving widow,Margaret Vulcan,as tenants by the entireties. See Deed Book 1117,page 539. Checking account No.72-102312 in Union National Bank,Donaldsons Cross- roads Office,jointly owned with surviving widow,Margaret Vulcan. S~vings account No.72-ID03537-7 in Union National Bank,Dona1dsons Cross- roads Office,jointly with surviving w~dow,Margaret Vulcan. ... ~,,\ ~.',r ., , -...:.''',\...I'•-.I t.ri=::;0 ;.0»fT1 c.:~rC/)C) ("'"')(f')---<:::I:C/)(f')rnz-!ii'-:~~"C) 0,~:)....~ ::0-,,-""-~~"Tj =t:()>~~:::r:0 ..... c::::lr~:-0 r 0 (.AJ»0"";....... ,. RCC-8\(6-73) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTiONS HARRISBURG 17127 NOTICE OF fiLING OF APPRAISEMENT Margaret Vulcan (Executor~ IN YOUR REPLY PLEASE REFER TO .Inheritance Tax Oivisjon 38-157-1 J .":.. : In Re:Estate of __R_o_b_e_r_t_V_'lil_'_l_c_a_n _ _W--,a=s=h=1='n=9::1-t=o=n=-___County -Fi I:!No.63-71-348 Dear Ms.Vulcan, You are hereby notified that the_o_r_1_'g=-J._'n_a_1 _ appraisement in the estate of __----=R=o....b""'e........r~t~V.....u....1..>.c..r;a;un""--_ has been filed in the office of the Register oi Wills of_W=a.Qs~bu.i..IJnl.l::gJ-Lt,..l.o.IJ.n.L--_ County on October 28 ,19-.1.5.,Said appraisE·ment reflects the following valuations: Real Estate 1,000.00 PersonaI Property_---'1::...:....,.:::;1...::.0...::.0....::.--=0--=0'--_ Transfers _ JointIy Owned ..,..-...,-,..."..--=-:;:--_ Total ~2_,_l_O_0--:c.';,_Q_O _ As to such tax that is paid within three months =rom 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 Decembe"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 this notice may object thereto withIn sixty days after receipt of said notice as provided by Section 1001 of the Inheritance and Estate Tax AC.'011961,72 P.S.2485-1001,P.\\373.~_,f\" Date October 28,1975 Signed~(9....y./t.LA..-y,~RJ{>Li~ Title Apprasier II D~te of Death:March 7,1971 Note:This is not a bill. ".J I .. " ,,-- ;~': ('" •,.f',,,. !,..¥4.t'•• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, I •t ."..I>,,I.•.~,",~.....l'~''."-f _.," ';':QRPHANSI/CO:URT~DrvISION..--:',t ,_t {'",,•••I.tt.-,,''\i +:-''JI''r',,;''j'•rl!.:~,,;A'.,·/·:1.;,'./i ••'iI r't."...."l.,..~,....'....,t .....,~..' PENN -L •IN·RE: ESTATE OF ~'.ROBEHT VULCAN.z '<~>-Dec eased.IIIzZl&IQ.,, i ' '~HEARiNG ON PETITIONFOR CITATIOJ.\-SUR APFEAL FROM REGISTER ,'~. . -. -IN,PROBATING V/ILL ..,,'.-,-_...' :r.111«~ '•. .. '..:u D:'1-III.0 ' .J< U o ,:J.., :tf0-r- (II'. ui '.,D: •l&I l- f:a::oQ.l&ID: I-D: :Joo .J< U l<...~ BEFORE: APPEARANCES: " TIME: THE HON:JRABLE PAUL A.SIMMONS, JUdge of the said COurt. /' "'HOWARD GOLDFARB,ESQ.,of Wash ingtor" Pennsylvcnia,'and EAMUEL.GOLDMAN,ES Q., of Pittsburgh,,Pennsylvania,repres enting.the Executor.. , . , " ',- ...I "'...-,• SIDNEY BAKER.'ESQ.,of Pittsburgh,'fa., repres enting the A r:r:>ellant. ., .'I.'."July 2,'1973,at 2:20 o'Clock I:'.M. ," /' \...'."'J "{, j , JACQUE.L,INE HAMMO~D ~'l . Official'Court Reporte:-- Orphans'CI;nrt·Division- "::~., '..-.. " ,.• I ,.....(,; " ,M:I".,..,-,,•"r••., .f-I I ,,I_I.• .~.." .', INDEX TO WITHH:J TRAN,3CRIPT ,- .W I T N E S S Dire~t Cross Redirect . .A.ROGERSGUY 4:.1 BAPTISTE R.MAZZA 8 9 24 I , I.0(LO,UISEz K.MAZZA 24 20 0(. >.J>ROBERT VULCAN.JR.36 56VI.ZZ , IIIII,VALENTI'i SHIRLEY JEAN 04 84.0 ...'"'C)". z LOUIS VALENTI 91 ...90 . J:VI .,, 0( ~WILLIAM VULCAN 97.103 (~ ..:0 104;'0:ROBERT VULCAN.JR.'"';'. ~(Recalled)0 ,.'.e , .J0(,, ",u SHIRLEY VALENTI (Recalled),10E0 'J :J ...,. J:(Recalled)f-WILLIAM VULCAN 10~r- J III iii SAMUEL GOLDMAN.ESQ.1090:III '"'0:, 00--! 1II.0:•., '"'0: :J '8 -,. .J.0( u ., ii:I...0 ;'. •Ie',I "I •.., .,..,.,-, ;, •..-., _I ..., •I-I.,.....',-.I.,,," ,,.".•.•, I ;I',,."'----------- ( ,. E X H I BIT S " '1-"_., ,e Exhibit A - .. Last Will and Testament of Eobert Vulcan,dated October 18,"1969.' dated April 8,1970,in the am'ount of $23.86,signed by Cancelled 'check from P2ters Tow~ship Auto Sup~ly, .'~63 Valley Brook Road,V!en~Jia",Pa.,,'to All-Pak,Inc., Cancelled check from Peters TO'll'~sliip;'AutoSupply,~ .'"(,•'l>~to',"/ ~..~Ai.'7~',..J 263 Valley'Brook Road yeietia,Pa'.,'to Union National Ba'nk,'dated Octobe;~:.,1~69,.in~the\a'inou'nt\~f'$29~',:96'; ....,,~.,'.'.,..,.. ,,';i-',:",l~·, I ".,'.t ~" ",., t """,.:"I ...· ,J.....'. ..,"...~ , i ,'. Robert Vulcan. ..=ua: I-~Exhibit 2- ~« u c:J., J:I-....N « z '~Exhibit 1 =>-~>-VI,.Z Z,1aI, I 0. ioI- el'Z J:VI'~ iiill:IaIl-ll:o0...1aI ll: l-ll: :JoU ~«, ui;: I/.'0 ",signed by Robert VulcE.n.., "'I r' ,. '... ,. " "., ", THE COURT: ~..-. Would.all c :mns'Ed of record pr~sent themsel v-es.-.~,,. to the Court Reporter,';nd tell us'who Y0':1'repres~nt?. by myself,Ho¥/ara Gold~arb'~and associate counsel,Samuel •(.r ..Appellant is r'epres e~ted:6y S-~dne);Baker ;of the,Allegheny ~.~-to ~,~ .' And th.e ,, ,,' 'Your Honor~I was ·going to call !' (, of -·wiils.Guy Rogers'. • ',I .' The executor of th'e estate is represented ,. ... " Goldman,'Esquire,of the Allegher;;,y C6ur:J.ty Bar. .',, .County Bar.' ." MR:GOLDFARB:, ·i ~..,~1-•~ ~,".,~THE CQURT:,',.1-,":'•'J',"...,.."..'l '.,.'r~•'.i "\.~!"":""'..~ .~. .-:Mn.'GOLDFARB:·t ,~hank'-You~ (J {'~'I .;/~I',/,,;:',,;'It,~~t ,.','~'to th~sta!!~ra:)~putY.RJgister oJ'< (J C :J.., J:l-I'-'C\I <z<~>-Ul• Z •-,, ZIII II.' '.. • ,'.. .You area resident of Waship.gton County.Pennsylvania~are "t."".',' ., ~GUY A'ROGERS is'CALLED AND DULY SW,ORN. III •if-0:I ,_) g,DIRECT EXAMlNATION By MR.GOLDFA~B: oc ".•.~~.~j '.~Q Would you please state your name and official pos ition.?.8 ",',.'f~~...'.,t , ,~',A .Guy A,~Rogers',D.ep6t~~egister"ofWills of Washington County La.I ,.:"j t...O'Q ,. you not?.'.., ", 'A Right., I ,, And do you have in your custody~Mr.Rogers,as'Deputy RegiE ter. 0'f "l "'"...,•~,~f Wills at ,the',present mome~t,,'theor.iginalWill,A ppiiC'ation '-.,.. "''t'. ·for Probate and Letters Testam,entary.relative to the,estate of ,.,. 1 ,, ,. .,-\. -. ., What is the number and term at which those •.........t...~,f'~.",J.....~'I't-i"',t'''..• !};,4;'~•~,,"'l,~,, '}j.,~+-~,"II''''#_1.1;J ,_ in the Offic e of t~e Register,0::Wills? 5,'\ •0Il'" papers are on file l " '. o. t Mr,Rogers.J~.J''-~.lo'~""..t,?~•\~, .'t.""~rj ,~.\.~,-\.~../>"':"~i Vulcan,,deceased?,t·''t 0 0 ~. ,...tr 03-71-348: Robert I have,A Q 'A•, Q'Andwould you indicate ,to th.e.':::'ourt please,the fo!'maHties as tl:> '. the date and ti.me wheD;,said W.rll was r:robated? ,. Who issued the Letters? " ; .",I o,~~, " ., ~. And Letter's 'were issued,on :lIIarch 10,1971. The ~itness,es','Bap~iste R',',Mazza an:!Lou ise'K.Mazza, The witnesses?' was the applic~~t'fo'r 'Letters ,. was entered ,on the '30thcday,of ME-rch,197~,M,argaretVulcan fl ....•• ,The Application for ,Probate of the WiJ.+of Robert Vulcan, , ' ,,i '.,0 A Q Q A 0( z 0(>,.J>-I/) Z'zIII0. i0l-e>z ·xI/) 0(~ ..:u II:l-I/) '0 .J0( U 0::>,., :tl-t-N ,. ", .. I ' ",r iii·ffi'Ii:Ao0.III~,Q II:::>o U A .J 0( uii:ll.o Russ elL Marino,Register of'YVil~, ".. What date were'the Letters Testamentary is'su ed again? ,~'1 • ",. They wer~issued on Marc,h30,'1.971. '..' I.,.~. THEJ.C.0URT;:t.:.';E:x:cus ~~me;t'"Y,ould.'"y<Du~go" \\as _r· back in the record"WhatA':he'first oan~wer to that ','.,0' question? .., ~-,.' Do you'~nderstand 'when yOl:'~aid the firs~tim,e.,ivIr.Rogers, ,.'_,_:"f '..•.,.~~:'''.''»'"t,,•~••• tha,t the Letters were iss~ej MarGh 10,'1971,that was a slip o ," Q ,, ,, ...,,' o • of the 'tongue,arid yoO meant to s'ay March 3D;19717 ,.~~'i ,;:.'...'• ~. ~,". .' Mr.Rogers. (j ". A (You must have misunderstood me.I sai~the,Applicationwas .' Q ~:". made on the 30th day o~,March 19':"l. When were the Letters issued ?~, A On,the 30th~day .of March,.1~7 I. And doel:?your fileiilEltca,t.ethat the two wft[,1esses,Bap~'tsse and L uise that Le,t,ters were issu'e?~nMarch 10,1971,that'is ,Unless 'th~'Court or"couq.sel :l.as oth er questions,,I res pectfully .'. That's right.,The.y ~ust haY.=·mi~~nde:::'stood m~.i think I'sai '.." ,'t ", .' .. ,< .. '.,May I see the 6riginalpapers,. Mr.Rcge'r's,jU'stf<;>r ;;he sake , '/l','4 '.. MR.·'BAKER: \1,, ., "incorrect,Isn't it? ••'j March 30th Letters w'ere ,made. it'', ,.-(-',~..,,,,4 •.,~,:o{'th~:bec>~rd~t{h ihE!:/record stc.tes earlier'in y'our test'mony offer the Will. .~, Mazza,appeared bef~re the Regis tzr ?f Wills? .'"..,. .,,.......:u 0: 'I-UI a oJ...;..:5u a :l.,:r:. 'l-I'N :AUI0:IIII-0:o•D. .IIIa: ~Q :loU ,.J 0(oii:• l1.,0.v .Mr.Rogers?I have no questions ..'. 'f t " MR.GOLDFARB:l.offer the criginal W,ill,your Honor., ." THE COURT:',,'" Mr.Baker;'I think Mr.Goldfarb,h'as offered •I .'• .;this Will for some purp?~e.'What is.your feeling abo~'t this? .•J '. I " "..1 ,. .' { '\>.>,",,~,'...~.• ,I ( Mr.Rogers \ ,.~fr ...i."'.~I " "7 MR.B,AKERS was .:,·f -.,t,,..\,.,.""1 l •.f - ,.. 1 ~,,e :f t 'I J <~ ,.>H~~"fs offe:hng ':he,V/ill.as, 4P,.,\-r/L ,,'""hf!-(..:i to I .....·... 1 -'-,'-\.f':lprbbate¢{as~of thatJdate.t ,;(f ': the-doc ument that we are contesting the circums:ances under which it was• THE COURT:..' MR.,BAKER: , You are not admitLng to the',voracity. --We are contesting the validity ,of 'the will and , executed.But we are not denying that this is the piece of paper -' tha t was offered to the Register 6 J.March 30~and that the witness es took their affidavit 3.nd that the Register of Wills issl ed,.~ Letters :Testamentary... THE COURT:The paper ,d.'Eadmitte,i:lJor the limited purpose I.'.'If " set forth in Mr.Baker's stat=ment for the time being.'pro forn a. I 'It ~.~9 You can leave those papers '~re.Mr.R9gers,'.We will excuse you at this time.No further :jues:ions a::e nec~ssary. ,, (Witness excused)".,'. , Are you proceeding further?- I'assume we will keep th'e peper E in the Courtrpom: ui0:: ld~'MR.GOLDFARB:o0-ld0::I-0:: :J 8 THE COURT:oJ« ~ lJ. lJ.o MR •GOLDFARB: I have nothi:1g fUrther ,from Mr.Rogers. -, We will.'Are you restiIl;g at this point?,-,' ,yes.I und~rstc..nd,that the Court wishes aEi the """t".:to ., ":.CourLwitnesses.the witneEses ~o'the Will.And I am going to' call them a,'t this moment.Baptiste Mazza.~leasetake the stand. ,. :.;, ...... Mr.:Mazza 8 " I was . "..1 • -. Baptiste'R.Mazza...-', Mr.Mazza,"were you present in t:l.e Courtroom a few mOments ~,; ,;;.,t...~~ _'It .'II .~'o'~"'''',':~.~....."'\I,..'"..' ago dutin(t?'fe ~~s~~~?ri~,Or Mr.,Roge:--s,the Deputy Register 0 What is your narp.e:,.'pleas e?,','~ i'I " ,A• Court whether or not'that is :,our sigr~ature at the·lower Mr.Mazza,I show to you thE-l:ast W_ll and Tes,tament of'RoQel t 'Vulcan,.dateoFeb~uar:y 10,.~971~and I ask you to tell the.,.., I .."'...,..'"- .Did you,-in fact,.witness.thE signatu:e of'Robert.VUlca~on that :t'i~ll on'~ebruary 10,1971? '., ,... ,. ,, " ..,-, ;'.. ~nd who :placed your ~ignatU:'e'op.that Will? I,placed it myself.":'. Th8;t 1S my s {gnatu,re..,q : I',did. lE!ft side of that Will? ...:'~QIn. o .J«, uo::I-, :x:l-t- (II A uia:,~Aa:o0.•,Ul a:'QI-a: '::I 8 A .J,« ,l) ii:QlI.o• .e ,f- Q 'And at wha t loca'tlori did you s,o witne'ss the ~igriature of Robert Vulcan? 'I '.,• A ,Well,we we:r:e invited dqwn to fr'ie,r:ds'of'ours house for supper ... .~."for that'particular occasiorc,to w'itness the Will: ,, '..•1,'. Q Where was that p~ace? A ~. It was Mr.and-Mrs.Castelli'E;residence.I think it's 510 •Q A ,Woodland Road or Woodland Hdghts,Caponsb~rg. Canol).sburg,Washington County? Yes. .'Approximately wha(t.ime of day die you y.'itness this win?" ,\r .Well,it would be---we had sU;Jper I imag~ne it mus t'have be;er " , after five,six 0 rclock maybe. '.I·t In the"evening? 'In the eve ning ; A Q. A Q 0('z0(>'..1.>1IlZZIII ,,''Do i0r-ClZ J:1Il«,~ .:,u Qitr-1Il Ce..I I ~. ,....U .0:::>I.., :t...,r- N IAnyqu:sti~::ms,Mr.Bak~r?~:... ." CROSS EXAMINATION By MR.-BAKER: '.." Q ",Are you familiar with Mr:VUlcan's signature? .iiiD: III "r-.D:0D-IIID: r-D::::> 0.u I ..I« uii:,-,II.0•, I A Q A .. Am I familiar.with it? Yes. No,I'm not familiar with it.I would :lave no reason to be familiar with it. Q So that except for the fact:,as you ha"Je testified~that you saw him sign it,you wouldn't rec ogr:{!-Ze v;hether this was a valid .signa ture ,o.f his or not;is that .co~re~t?~..... •i .' , J'I I Mr.Mazza,.1U. A It's:b~en since·:,,\~e-\\Iif.l1einwas it,since the man's death?I don't " think.'-.,.the only thing I,can vouch for,that the man actually s{gn~d I ~._...'"'" ~.'. that piece o~pap~r.,". concerned... Hoot.That's his Js'nickna"rne.i' I ·1 .·.1 .', ,. .. .' you ;have testified abl~to tes tify whe her Just a minute,·please.,·Ho v..' .....,"" j .~-, '. ,do y~u spell'that 'Hoot?< '"., Yes. He's a brother to Mar·garet. How is Hoot related to,Jy.largaret Vulcan?,. That's \orrect: A nd'he is the broth~rof.Mrs..Vu l.c an'.'"I It f','! And you'say that you 'were ir-vited'to his hom e for the purpose 0 ...r".'._.~._~~ Mr.and Mrs.Castelli~'is thct a f.:=llowby the name of Hoot? _J.;'!,:('.:"fI,'~ .r"'~.. this was'his signature...,..It-,,"'"'.I .,,!/.I.";'l'....•."~J "t " ",."·.v··,,,,'"f.j,• , I w'ouldn't'ha\;~~:no'f'eas<m,rto k:low~l.is other signature because I had 'no.~other d~'~liJg;!w'ith{th:ema-n,as .far as signature is f 1 • • •'.f".••..If "~\.. What I'maskingry()u is 'except :or the fact as :',',"·t·'·,</+'::"'1')f~.·r~.~,../:. ,"'/.I r ,.',,....~~4 ,{,.,...,.,r,.',•I J.J ••:.'that you 'saw'him'signthis~you would not De " zol-e>.Z ,J:Ill,. ~Q ..: U A 0::I-!!!~Q< u g A., :t..'"til Q !Ii 0::IIII-0::oIl.'~A l-•0:: ::I' 'SQ .J< ~'AlJ.lJ.o .~z«:i.~A z,, Z IIIII. .. e.. witnessing this will: •I •~~'.,~.J..,1 ~.. A That's corI·ed.· Q , A nd you went ther efirst for:su pper c;l.nd then after sup'per,the Will was witnessed.,•r .- " ,.A .That's rigrt..' .1 ~ ,~'. ~--------::------------,",""":"-.,......-----:,-----:-----------,------,-,----=---,"...(~~,~,i Mr.Mazza ,f Q Who invited you?...• A, . Mrs.'9~stelli,because her an~my wife are .very clcise,'-and they carryon a conversation;she invited us down.' And when you were 'invited 'you say you were told 'that you were• ,,f Q "coming down to witness a Will.,',, " I imagine it was in'the'mornir~.,I don't know,to be truthful.,~.~ , That was when 1.Were you iLvited that same day?\ , Thays correct.i We were,invited cow n f:::>r supper for the sole .', .. ..... ;., " ..{ Iwould say yes:We v,isited. .' At least that long. Were you ~airiy close with them?' purpose of witnessing this WilL Yes " ,' At that time? " No,I 'wouldn't say that I iniEw.I knew that he did go to the.. 'Did youknON Margaret Vulcan? .' 'I think it was probab.ly'the'sa~err.orniIl5; •t' And did yo~know ~ob Vulcan at that time?,,"" ~..\..,fo' 'I have'known Bob Vulcan at least 20 yec::rs or:niore .,, ,Were you aware a~that 't.~me 'th~t bob ~!~le~n was ill?' Q A "«Az«>.J>-UIZ ZIII 0-Q ioI-~A xlUI<~ ''':u it QI-UIO· ~A u o ~Q :t..,... N A uill:III~Q . o0-III ll:,A l-ll::>oU Q .J« u ~A ;'0 .:'j .-", • I I 'e " "h~spit~l;I mean to theClev---elan-:i Clini.c.That's all I knew. ~ ,., '..~~,, It's none of my affaiito get myi::elf in-irol~ed in anybody's affair,,, I.",:becaus~to,askquestions,'I never asked questions as far as ." ,:;. ";,- .11 tf,..,,'.', ,•,+- , , ,fl·'...".!: ,.'.,. !•':Mr'.Mazza "1~ 1.. 4!" • ...'". Q.•/I"~;d--+......'.. A cancer.•,IJ•.,1 '.','} ".1 ~..',,"'\'.J._'''. Defl·nl'telv/n'·o·.tl}";~.:-,,"'1'1,'i:""...'J~''''" •.,,--t-:,•.JIl .•/'l'{j.~",~,......., ".". ,. Now ~h 0 'else was presen~at.the :ime'that this,'will was witness I:>d.?.. t •....,:'<~ Do yOli kn~w'whether or ,not 'fe did,go':by pl,aI1;€? ......1"·,.~,•...t .t -i ••~ (../' ,.,o'! ,, .No,L~ouidri't know,:unless ie',w E,nt probab'ly by plane;I w~nildr 't ,,•-...,,',•.';:,.'•1 • ,- ,.,. •,f I ,, l. .,. ". ", , r ,. ,.'j ,'it ' ... .!r • ,,,. ", .. ," " ~,I'~ e'.- (, t Yes,:Adeline. ".'.Tillie is,which wife?Tillie is H:)ot 's wife.?',f. •f;·'. My wife,'Mr.and Mrs~'VU,lean and Hqot and Tilli~'. ,. j That I don It know. Wher e was the will s ign~d ? Defir:itely not, have no idea., Clinic-, Had you rcfniven ,him up to theCle~E:rand Clinic? That's correct. 'Do"you know how he had gqttei1 up,to.the Clevelagd Clinic? ,A 0(Q z<~ )- UI ZZ~,A' Q ui.n:.~A 0:oQ. ~Q....n: :J 8.:'\ .J< .U Qii: l1.o i 0~.Q x U1'<A~ ~u Q0:, I-!!!'a Ae.J< ~,; a:J., :tI-'"QN A In the kitchen.... , ""/ Q "~~~".I ; And at the time he signed it -wh3.t was Mr~-'v~ic<:tnl~physi~al A .. Well;Bob,in my estimation,Eob was 'Cj.jovial sort of 'guy, .Mr.,Mazza And·you couldn't fqrm.a;~;)J opinion 3.S tc whether or not the man 13 was sicK or not.,. ·A He never showed it o~t'wardiy.HeclDluU have·bee~sick inwardly, .., I don't know.But outwardly,he stow'eo no signs as far as I'm cone erned . . So you saw no manifestations of ~r"y dfJilitati6~:.you saw no manifestations of any serious illness L.'1 this man? No,sir . And you say that .even he was jovi3.l? Yes. When he signed this Will,wher,e -N as :1e siitJting?_ In fact,he ,got-up out of his chair and·he signed it.They iT ave like a,you know,like.a kitchen,ther:they have a place coming out,'1 think it's part of the kitch~n.I don't know what you'd call it an oval-shap'ed,jyst flat,you)(r:ow,just like part of the sink.',~,/..., top.,It just came down and1ar.8und:_~nd,he'sighed it;~And on ,,.J t .','i '"";~•l~••(,.>.r;...-r .'-".,,',I,t ~• ••.#""')l<t.".Ie'"1 -;,'.t....h .....'_" that side was the table and he,came ::>ver here and signed it. .,' I ......(~~ "..-,., So that he wasn't,at the time th3.t he .signed it,'.he;wasn't ,•••~(~I ,..J ",~(~i sick in bed.' N01 definitely not. ,-.~:-,,.0;-'~,; ..1,,;~ -,j.-.'1 I ' ,• ;t.~"'"'t~., A And at the ,time he s-igned it, on his knee . No. h2 wasn't,sitting in a chair and writ ng , Q He had it down on a flat surface and he signed it. 1 " ,. /l'!'i A "",,' .''0' ."',. Mr.ly1~zza•.!' ,. 14 Q A Do you know how Robert VulCaL spelled nis last name ?', , .#• •~•.~'.~;.•I' "",j.'F ~.,~:"·.If ._~~~./.....,h ' . •, W!tUl1./,G.';A·N,th'e way Pw.oul'd think it would be s pelied..1 .·._~·.f·.~~:t "";,1 if 'b.oj.",'"..~ donIt know.,\••....j h ~A",.,fI '.~•.;:i 1f {~.'~r'-"1.~.,,,. t ,.-'l ~~-:i e\.~•".•....;....,~~".'!I r,. Ari~l did you look a~the sign~ttl:'e aft.er h.e signed it?.- ~'c , I took a quick'glanc e at it. .,. Do yo.u·know how it was signed in the Will;i how itwcfs spelled i ,-~.... the Will? ,...,(. 1 1 ,jNo~I don't.Th'~only ~hin~,.I ~itn~sse'd,himsi'g~ing the Will, " signing'the thing"and ,that's .tt: Did'Hoot give you this wilL to 3ign? .... D.efinitely not. I .< : ...... .Did you 'everwit~e:ss,'a~yoth,er ,wLl?" r •<t'..... ,-~•..•1- Did I?'No,Ihavenlt. ,'"Not for Mr..,~l,llc~n or.,anyohe.else?, ",. No one ..',.., Did Hoot ever request you'to wit~ess another will? ~.,..'"- ,.l . No,sir. ...., ,.,... 1,- Did anyd:lue::;~lse eve'r.rerqtiest you,to 'witness .anotherwill?; .No,sir.:.· ..~-. Would you read to the Court how .,f'..''". when he.signed,the Will?" .. ly.Ir.Vulcan spelled his name ' A Robert Vulcan..... ,. Now spell'outhow he s peHej it.,.,"..""'", Mr.'Mazza I·-,15 A R 0 :S'E R T V ,U L'C A N~ .Q ,,, Is thateA N or,C CAN? ,. A " Q It looks like it"mi ght ,be C C. You niad'e no remark about ~hat ?., A ~-~, No,'I d~finitely did 'n'ot:The only thing,I was there to'witness ~,-{...~.'". This ,Will signing',in'ei:¢tiI).g,was'i1before or after Mrs:Valent, ~,~.~'.-, •"i'l _ the signature,which I did.~e-cC?'u~pr?bably ~pell it that way,:!:z«~ ~UIZ ZIrJ 0.Q . iol-e>z :I:..'";. UI«,~A' I don't know. Yes. "'~'I' . I ..., ." •~T ..., " .:.,,. 'i,', ":i J ,"., ." February?."'. '.,~.~I I.kne~she was there. • •I ..'~."j r I·t '"PI' Do you know ',that she ca:rne',to..visi;;her father sometime in Well,it w'a~stgned"on--"ci,hE.t w~it,"the)Oth"I dtn't recall •¥".;Z".•".' .got into"Washington? •'"','•! '"dates'becaus~i wasn't1riterEsted that much {h to it,,because I ;.'••';",,;!.~f"',t,~~,.: ...,.':;"lj .• •,•...~.....•'.•-the fact I was there ,as a Witness.to the sigll'J!ature,that was it. '",I._-~'f ••• .'My qu~stion\t'o you''iswa~t'tiis \ifi.li.witnessed before or after s e ,' r=u Il:Q',I-UI o oJ« ••J~ •0~A :t...."N Q rtiIl:IrJl-ll:o0.IrJ II:A l-ll: :lo U oJ'« ~1L1Lo .,e, I •f ..I . ",.But as ,far as knowing:iny,dat'es,-or .thhigs of that sort"I just '~~~t·~ ", .,' ,i "don't recall.I know that'waE signed on th~10th.Now whether only thing I ~no~I I :WJtn~.~s =<;i':the'signature of that Will and •.,I J''I ,'.'i'!' ••l',;..'-J ~~."'~~...-I"c :that's it:'""I '..•...•',-;,' .'.~ .......' 10 ~f .- !.<;'"• ~--------::"'----~t~..-------..~,--------·:-:,-t...".··------------;--c-~~~-;---.- i~,J ...........:~...-.'l ,._..1'''''1,.'.~.'\"t"l'"';,1 'j I I;t '.{'r...t·,"'~'",·,I'll.IJ''':''M"~'~.ta,)','.(ii.'·;'":'.'>;,,,,..'l'lV£.L"~'•.azz '~". '!....'.~,,'•.. Was there any reasori'grven tc.you for the signing ~of~thii'Swill at Hoot and Tillie's house,rather than at Mr:and Mrs.Vulcan s ."",... I don't know."•".,.,..," ".my-neck out and say she was·nere such and such a-date,.which I I " ..,t'o If she did"she probal:ily was ,in before,I ',.w uld say. ., ,f.,..I •t What I'm.asking youjs,what~yo\i arE telling me ..then is you don' , .,.,1i "//'."It .: .....~.~t ~~j ,,',\1",jf'",f :J .t.J,.'~"..:'{:It remember whether at the time this Will wa's I?igried,Shirley,wa~ ..~..,I r "-'"f'~~f·jlo(:'~:"~.~I"".~"'>\1 )"1 II . ,,f 1.,r tit......''4","~"Iintownor,Shi,rley came in after or before . ~.- ,Your recollectio n is she wa$.;.n .befo:re this Will was signed_ •,-4 '.t'~ ,~'m not saying that.'11m,not p~itive.I'm not going to be s'tic~drg ~. -'"'f " A Q Q ~A<~,)-enzzIIIII. iot-..Cl ,.z.Q :Ien<~ . i ., " ;. • • 'to ...=~ 0:t-eno ~A ~o :J., J:h,.. N -~IIIt-o:oII.III 0: t-o::J,o~Q« uii:ll.o t house? t • We,ll,,Hoot and Tillie---we're very 'very close.And on several occasions,Bob and his wife'~ould come to Til;rile;';s for dinner. ,i We've had dinn~r on several occasions at their place beforehan ,, befo're that.So it was nit nothing out of the e:x:tr~ordinaryfor, .', us to'go down there foi'suprer to witness a,Will. ". That was my qUE:stion.I undersb,nd th~r.e had b~en many occas ons., w hen yOU w'oulci"g~,'do~ri:to Hobt's and Tillie's for dinner~but 4 J ,....•I 'J 'was there any ?pecialTeasCn whyy~~went to Hoot and Tillie's .....".',>- •I 'to witness Bob Vulcan's WC~,rather than go toyulcan's house ,~~t •,,'W?-s that because 't~ere was sorr,eone at Vukanis house?,.""j ...... 'A ....•...t '.No.,There was,no o"ne',at VT.llcar.'s house.The,reason why that' I, . was done';Tillie usually al:nays asked Margaret and Bob to cOIl e ', .',.•< ,,f "Mr.Mazz3.17 for dinner,and that's where'they di::l goup a'lot of tim~s to,eat I ../-t Was there any partic,ular reason why,you and Louise were to , be signed,Tillie irivit~d us'doV'n ~r.d also :-Bob,and th,ere Was , .t •..1 I •~., -;~~~I nothing unusual for them to be at T".lle',s 'house for supper. -I'-,.. their dinner.So I guess'when bey ,\Jere ha'ving this Will to .....f l,, Q•0( z0(>.~A UIz ZIII0.. i~, ,~Q I:..lUI ..0(~A be the witnesses,rather tha~,..say.,.Hoo~and Ti~lie? No.Well,I guess they didn't \\Tantanybody in the family to sign.,.. .....~ it.. (' ......r I am sure you don't re'call':Whatday of me week.this was,. No,'I would say itwo~ld be in the early part of the week. • ..=u II:I-UI~Ci "~Q "!2g A., :t,l- I' N Q . What day it would'be off,hand,I do J.lt krlow. r ,I ~ ,Do you recall whether,or n,~~.you saw Bob Vulcan the.next day? ,. I didn't see,him the next day . , Was there,any talk that "night of hi's going back to the Cleveland i,J Clinic ? ,' " ,.Now who date'd the Will ? ,F;~ I have no idea:' . ,f,1'",.That I don't know:Nothing,was'mentioned in my'presence . t '.- ui II: III I-'II:o0.. 'Ill.~A II: :>' 8.Q .J« '~A LI.o ,, .', "' ,Q A . ,the W-ill,As far as''dates ar ~concerned,..',~ f('..,"...1 •'.'1.,....,the 10th or w.hat It.was.',".l.~.'r'n ....•,#',1 f if' iI know nothing abou t ',. Q A ~; I'm saying-wfC?P~ysJs~l:l1~..JY--~~kE d on the Will ? w '.;.&,;t ......till' I have .no idea. ,. -., " "~. J',"',..-f','~L ''',..Ii..1,'.t ·'r.~'-i-~,~,' "."...,.;..r.,J."l•.•{.',:'"1VIr.1VIazza',1R Q A ,T'hat's right'.He was s tanding at the counter there: • Q A ' .-.'The Will was down.on the cou nter.,~. ...::f t .;:,.~..."J •• He'had the WIll,.I guess :he'had it iJ.,bis,pocket or sonieplace, but anyway.he toO~{the win and he 'signed it and askep if we'd ~~,. .'. •"'OJ '" " :...'.~ ~,... H~had the,.:Will ~t a counter.:s that cqrrec t? That's right. witness.it,__which.vye did.;'" ..1(..,..~,. So was he.staudiir:rg;the~betWEen you'and the taple? Yes •. That's r.igpt~ ".,',,at .. ,Now you say that the:t~bl~t.Wht~hyou were sitti~g was behind th = I ,'.•'.I .• t-=u a::At-(/) Ci ~Q u '0;A ,<z<>~~Q',zZId D.A'i .'ot-~Q :x: (/)«:;: ,. .' , r ...:4 N~.He was'standip.g'and t,he only thi~g'l did was'turn 'around', ,~~. b~cau's'e my chair'~vVas right':lext-"':-he'was down at the corner a[ld:, .'-'.'.'!l,t '. ..:. He was s.tandingbetween'you-and :he counte:r< •i.' ,t t ..,.'j •.' ,,~~".:. That's.rigl}t.'~ .'.~~ So.his back was t'o'you yvhene~er J.e---- :t..,.. (II Q iii·a:: Id~Ao0.III ~Q It::Jo U A ~« Uii:...o ",.' 1 w~s sitting atJhe edg~,here,rigl\"t ne~r.and "1 sw~ng right,,'" .around,,, Q .''....You actually saw him ,wr,itirg his name? ....'j _.,~.'-.I ;.. A I certaihtY,did:'.., ... :'t My question 'toYou.is'd~d·,y;)u·see hi!Il date the,will,?'. 'J'...~.~.,• ,No.1 donI.t know a'nvthine-abJut the'date ..A ,.... ...~...'.' ", '. t "..J " ," "1'9 >" ," Q t '1 '-'-J Now when you signed your name as a witness over in the l'ower,left:..hand corner,hIS ,name hadalre~dyb'een signed. ,--~t ...f." That's correct.He signed it when I was ,there:" -My question to you is when yOt signed it:,was'his_,name alreadv'!:.•,', A Q ,on it ?,", A « z A«>..I, )0 ,~>'Q,z III,0. That's correct. '.,. When:you signed,it"his name was ~here,"is tha t correct?; When I signed it,his name was theire ., I didn't notice".The only th'ing I ~~~iced'~asthe'siguc;ture, ,./).. after some event'that we,CO'LLd determine what date?,',."~.~.', 1 ~-'j ~/''-'\,"lJ',"""'~-t :'li f '...oil,'"~..',,',~••~"~_.,f:t/f..._~r••'...;I.''..'"No.I wouldn't-say it would !be anything I eQuid determine by.-, /.:):...,.,'"~~4't .....'"~.,r fr-,I, ,""'"e I t'~~~.'\. ,.I know,it was jlis t 'during pr'o::::>Clb~y the middle of the week or Will'when you,signed it. '. ,•I So as far as,you-recollectioI1;,youdid~it '~eE;a'ny dat'e on the "" signa~ure,period.' And you have,no r'ecolleetion &S to:w hat date it was,is that cor f-ect ? No.Be~ause,~.,wasnlt interes':ed in any dates.Like i said,, I ,,rrevious,because the only th-_ng I was there,to witneso the When you signed it,was 'the ,date tlfere?,, I didn't watch the'date.,~~.t'f :\fI',~ -{\~f'.l J ;.- ,.:;Now do,yqut:!av"e :'a~yth,ing tha~io..,c,curr~9.;by vyht~h you can -A I l"'_,"t"""'/i'ii.,,_,~',i ,,1;•;,1,1,'I "..-.I +I \.~:'t.l1Jj~.\'~\!~',.01~...'•~'!!i~t /'i;:.:.'~t.Il--1 ...4 '• relate the day you ~ere Lere?In other words,was this befo.reor '/'J '"(J.'..~. .." Q A A Q iii0: -IIII-~"Q 0., III 0: t-.," 0: :::lo~A« u ii:t Q i0I-~Z x: III«~ ,,..:"ua:I-,Ill 'e 0 ..I« ~c :::l,".:tl-I'til I ., ,. I e',., " , sometlf~ng.J don't know. ", -----c----------------- ,, ,.'J' .l t ~~f~ ,., ,Li "~'o"-10-'"..~,f 'l'-, t t.',1:f :',1,~,,-~t'\.'-l!V "'.. "Mr.Ma:z;za .20 ·-'.t Q And the o?ly reason','you are saying it'was February 10 is becau:;e ,~'.~ ,that's wha t iq marked on the V,/ill. A . I don't know what is marked on thE Will.I don't have no idea.~,. what is marked on'the Win: uin:IIII-An:0~,.. n:Ql-n:::>0u AoJ«'.,' 0ii:, ",l1. 0 e Q " weeks ..I would say,'just roughly... " " ~..r I,.'. •I ".1 'f • ,.~. Before his death?' this Will. How many weeks'?", •,._J ~.., jI,....+..,.'~'.~'.'p,.... display any 'evidence of.being seriously ill,...,'"",' Yes.How ,many weeks.befor'e his death or was if just a -matter •~.;I I know it was during the middle of the week"sometime,'It had ..\",:,',•Ii Now at'the time.yot!'witnessed ~he -.Nill,yo~testified,p.elidicl.n~I.t, to ~e sometime ,in Ma~ch~',probabl:r..' "t ... .'.,, Now how soon before'his deaU'~was this Will witnessed ~Do you •f.•~•• Offhand,'1 just·don It r.ecollect.I would say ~t least four to five....",. of da:ys ~ No.It 'was weeks. 'have ·any recollection?.,., So you''really dori,'f ~no~whe~~t.w,3.s·that you witnessed this,, •J-'" 'Will,wha~,'day:you have nOcdea 'when it'was th,:-t,y,ou witnes,sE d Q « z'«>oJ)0- UI,z ZIol Il.A, iol-e>z :J: UI«~Q ..:u n:I-UICi ~A u o:;Q :t:'l' I-r-N.,, .:1.' "e· A No.t'., ~,".-'".... " Now are yoG'sure that the.Will.that you witnessed,'you'witness d this 'Will in:Feb.ruary?.'' 'l • \Ii-l; A It couldhavebeen.It was probably'in'February.I'm not sure,.. .. 1.1',.,[ ..-., .'.,,., ,,'.,.I Mr.Mazza'..21.i ..., .'" I'm just'not sure as far'as the date.It pr,oba;bly was in Februarfl. But as'far as the actual date,like I said,I didn't look·at.the " ..:'Ihat I don't know • ,. I ,, .,.~,~,.•. She CQuid have. . Didn't,she stay at'Margaret.an4.Bob's place? ... ,,..No,I don't think that vIas any I'2aso:1.for,it. . to Hoot and ,Tillie's for witnessing VIas because they'didn't, Well,.when Shirley came in,to ds'it,,where did she stay? date.It could have been in the first part of the middlepartof ,February.,I don't know. ,Now is;n't it also possible that the r2ason why it was brought .'want Shirley to.~ee the Will ? ,'. Q ~Z·<0(>..J';>- I CIlZ Z1&10. i A0I-"C) Z :t QCIl<~ A ....:u II:I-Q,CIl,"0 . ..J<u A 0::>.., J:Q..,.~.,..... N '. • I I·e .' I wasn't down.there.I didn't visit Be-bls house until later. ".t Ji,-,"..,.,I .II'-1~~:~L ".t.l.''.~ But I mear{~heri'you vis'it~t(Bo~.'s hO..lse and she was-"'--- iii A'II:1&1 •~~ ~Q IIJ II: ~'A::>',''''ou ~Q u ii:u.o A Q I wouldn't know. fJ ' Didn't you talk to her there? 1.'f"Ir..-~ ..D~d I ,talk to.~.hi:dey.:? J ......,4,..\.{(J"/,}\t "~to '• I •I ,....;,.~~-...I '~,"~~'(;.,''t ~f;*./-~,6 I ,.Ii.Ai-,_•~...,..'i'!"~,'.',IY~s.'··';<.'""~ :..-or '. " .\A ,;..$'t 'l ,,"to .'''.(,~.:;~,'1I~',Su'te~,s he,~vuld hav.e'been jthe~e".NO'N I'm not saying that she wasn't there-at the time after w~,signed the Will.d'm not flayin that.I probably might have been j~wn ~here.:I can't vouch for . ,that i..:i!or sure."It could have been.-.., I Q ~."I, ~... Mr.,Mazza .,- Now .Bob was not a Jo;riJ.al-dr ~sse:'·.was he? 22 Bob Vulcan,he di~n It '," " wear ,<R suit and coat wh'ereverhe went..--',",. ,'I,Bob was,I think:--'-I thought,he was a,pretty neat dresser. •.-.t.·.... ,.- He ,was a sporty 'dresse'r.\like. ~ Whet].y?U would'g?'down:,t?Tillie's and ,Hoot~s.I,mean he wasn't ;;. Sometim es he was. ., ",'I .~J I ~ I I • This ,l:light'he,wasn't in a shirt-and tie,was lie? ..~-."..'j 'ThC!-t I don't know.BU,t r"know ile hc.daj(a.cket on:...~_.,.'. ,, "- •'••.r .."0-,, This Wil~,'was 'itbrouglit in lYl-3.rgaret's purse or in'his jacket? I thought,it was in his jacket.He got it out of his jacket'.•,' And,it is your testimony t~at --;-":ket':TIe 'ask you this,when Bob-, I - I You mean in Pittsburgh'?".',' - 1 •~• Yes..' Yes.' Do you remem berAhat'.?' Yes. ," .,. " ". '. " ',' "~.;f- ,', I I "Do you remember what~onth-ti1.at ~as ? rte had to be sometime in March. .". Now wh,ile .Bob was·in'the hospital,isn't it true that.Hoot brougtJ,t·, ,.. -'you a Will to w itri~ss ? A When he was','in~the hos pital? *'''''1 ~'-~}("/ •L"",.I r".f.':.>r I.~ I, t'-• ~'Mr.Mazza 23 "" Q When Bob was in,the hospita~. A He brought me a Will to witness? Q Isn't it true that Hoot brought y<?u ,a Will·?·-~·- unless''Mr"Baker is,calling Mr.Mazza as his ow n w it p.ess and wants to lay a fOl:ndation for something.We're ~Ii-f,~t,.·.~~,1 ("'""..:~:. for Mr.Vu-1C~n?t·,i"·,~.:' f '!'.Just one othe:i:!.ques,tion,At or;c"bout the time that you alleged.,'.,';I(i~...it if",. that you ~it~es~"-~'d'"thi~W'ii(hdid yot:witness any other p13-pers' ~ l I will 9yerrule your Pm going,to object to'this, I.. ., THE COURT: MR,.GOLDFARB: t now tailliing about some pu ~ported subsequent Will. We're not talking abo".it ~h::s Will ~hich has been proba ed. . I think there has been no :oundation laid for.th.is. objection pro forma:':'onLnue on.',Answer the questior . ,, Repea;t the question. .,!(Stenographer r.ea'.cl;siroack the ~i~t questionl ). t1"~.t .~l~...,.',~:t. ,/~.;-'.'~f."",/..~I ~'f':->.h ....t ...-~:/;'I • ~'\0;..,~c:.....I.~'It .'l l.--f!..~-'(, .......'~...:".,1't_,.-.",-'<',;.~'"r'~"t ,.~.-'l'i~,p_c-:,.~_J1",.~'.~~/'~·rl,."Defin[t'ely not:,~- ...'......,f J '., ~u • ll:, I-Ill' a ...Ic( Uo ~A :t..,.. N !Iill: IlJ l-ll:o~All: l-ll:~Qu ...I« u u.'u.o «z«>...I>-III • ZZIlJDo ioI-~,~" .:t IIIc( ~. Ie I " e A '.'Q , A Q . i ".,- 1 - Did r witness any othet"Ei>?.No.-:didn't.' 'Did your wife witness any oth.er pape1r.s that you know <§>f(? I don't know if she did or not.BJt I vould say no. I have no further questiorls, , I f .1 ,.. ,I /,",,' Mr ~:twa zza ,.,24 ( " REDIRECT EXAMINATION-By MR."GOLDFARB: Q Just one point.Mr.'Mazza,you wert=questioned about the s pel]'ng .." ,, 'of the last name of.:Mr;'VU"lcan.And Mr.Ba~er 'has sugges ted 1'1':-t '"~".,-1_-"'"..••.' to you that after the V U L ~,tha:the 'nex<Une could 'possH;ly ,"'I •".S,.. .be another "C",is tha~',cqrr'ect?• lpuise Mazza,329 East Maiden S'tree t,'washingt()n,Pa., Mrs.Mazz'a,you hea:r;~somew hat e~rlier the tes timony of Guy \ '.. " .. .II;',.. ", ",.,.." ....I, Would you state your name'and'addr,ess;please ?, .....r It could be. (Witness excused). f ~. I ,~ ~...."~"'".'.'Could it a~so not be on:~"':half"of ;the,letter "A"? .T'hank yo~~No fur,ther questioLs..,., ,That's right. ~LOUISE,K.MAZZA IS CALLED AND J;}UL Y SWORN. \IIli:.'"••,',.~DIRECT EXAMINATION J;3Y MR.'OOLDF..l.RB':IJJ ••'... II: t-~Qou. ~A,0 ii: ll.I o 'Q ~z<A>oJ>UIz Qz\IIII. i , 0 At-e>z x QIUI<~ ..:() itt-UI 0 ,oJ< () c , :l., :t.."III ", " ., R6ger.s,,'Deputy REgis'te'r 'of WillE;,di(f y?U not?.' ..•~~~..if'"•• ", ,.Q."~;.~\I.show to.you the Last'Willt4a,'nd T'est~!ll'ent of .Rob~rt 'Vulcan ..:;.i':"'<"1 l'-:,',,,'/l I~"/\'',';'1-1'·~'··'~."';, '",",:~_::".d~tedi,FJ~.bruar'YO 0:'~.19[l,1','~arjd;I!~.3k:...yol;l'~h.o~se .signature ., " A Yes,I did,..,,-". " •'"IJ f'" ,,, ..,'that is at the'.extreme lower left,of that.Due-page Will:' .'I ~~..,i '4,•.:•. ~•••i!o ••,.'."("lI'.'oil.'4 •;'• r ~. "":I".t'.'(~.''';;,I\;f 1II~"ill:Jj ~~,.'"~~, ,.l J.I •.' -------_.~--~--------------------------,----------------- ," Mr's.Mazza 25 ' A That's mine. Yes,I did, A'nd did you'als 0 observe th~decedent,·R~bert Vulcan,signing \'"-',I.-'-I,,; ," that Will?.,'/ ,"Is that at 510 Woodland Heights,..?"'./.,.r. ....')--j/l- I,.It,..•r,.f ~Of ~r,·Y;es ('.".-if'ct-,n,t ,;,:.(1.'),"',",(',I e·~.,/..,:I -.';"t..,l-."r.J.,11.'(,Ir"l t'il.'".{ , -t.,r~.,.,...·\.J ..I#....~l!"f ""....It<-..t ~~~l >~l ..,~~ci{.xt:Lf#~i_:f~..("',,_". •~......j _..,k Is that in Canonsburg,Washington County,,Pa.? ,'I'':'"'"~~ .'.t"l::'!Yes,it is.,•.',,',"""'",-;,...' "•f 't :i ,i .j.t ,',r.;' .'\~".(••,'J,.J 'f "'\ And about what time or'the,day;ias that"approximatelv?' ..._,."''.fr.·11'1,'~..f ~,j,I J '.,.,t ,,,.. "~~I '",,,-,J:;;'"\I I would say after we had our sup;>er;,about 0:30,7:00,o'clock......' Yes,I did. .,, ,~ ., ...'~ 'I ," I,.', l ,j' ",.,,,:."1 .'.. ",~.. " Yes,Iidid, At Mr.and Mrs.Castelli's hone., ,signature? And was,that ,before you signed as a witness? ~....,,~,, .,t·~...: And VfO uld you plea~e telf the ·Cour.t w here you ;~vitnessed the' •~,'*..~...••• •f :1,t . ,': And did you place your sign~t:Ure on the-re you~self? Do you know,based on your memory-:--strike 'that.Did you •'., 1 '.."_ ~ctually see Mr.V':llcan'or anY!JC.dy r:ut th~date on there" 10 February? -, Q A A Q A Q Q Q A Q. A ; Q A .Q, •«z«>oJ,>-C/l.ZZIII11. i0t-elZ :tC/l«.~ ..:uitI-'C/l,,ae,oJ« u .0,:J., :t...,... N ui0: IIIt-o: 011. III 0: t-o::J0U ~ ""u ii:II. 0 e No:I didn't. " Q.Now is th~re some way iriyour mind bat y~u ,can approxim~el fix the"date of thabeve~ing~tthe ':ast~ili.'s':_b~sed 'on'y'our' •1;10 k'nowledge of the death of Robert -;ulcan,appr'oximately? •f ,' Mrs.Mazza ",",.'20.' " ' YOll m;.aan of the date---'--',," the month? I mean C'iln you now 'tell,tre"Court tbe mon:th iI!whi<;h you witnessed , this.based on your knowledge of hc·w long it was before he died ", 'lIto,Jj .:~~, ,I c0u.1d deter~ine'the month.'DeCa-.lSe I di~~it know that Mr. ~'',... " " "IVulcan at the time was sick. '/ . when you witnessed the Will?-,. t.t" f ~_'''.,.~.'~.,I ~..:~ When,you had th.at dinI1-er at tbe Castelli's and when Y0'\l witnessed •"•"':"'j ~• •~~I ., the'wi~l.,approxinla,.tely could youfi~~t?Could Y9u determine , I would have to'say it would ,'be about six weeks. .Thank you',Your witnes/?~ Q A <.z<>..J>-V)Qz,Z III'II. Z 0l-e>z x V)«~ A..:u II:Ql-V) C ..J 0( U0' :l., J:0-r-N • Mrs.Mazza/·were you familiar "Yith Mr.Vulcan's signature? ~.".~, ,So'e~ce'pt fo~,the facLthat you have ,te3tified that you have 'seen ",His signature,?,No . uiII:IIII-".~~·CROSS.EXAMINATION BYMR.BAKER:.0..;r .', ~, ~Q :loU ..J A0( U Ii.~Q " .11 • th{s.you.w'oul<;l have no way of knowir,g V?hether or not tha't was, ..,."'t .1"~'(;,•. A Q '"""t·', ,.,...~:,.,..',hIS .~i:.gq~t~[:,'it '\i;r.,'.'¥".t ·. •1 .lj':./'"...'fl.,,{r...',','"•If iii_r .1,' ,!j ,'_.,1J .'('(r,0'--•j;....~,.r....;I ..II"•M ..1 ~F .oll .,f-_...i r-.-.......I ,A Only.seeiqg him w:dti~g his signaiure~3.t that time. .1 •...."~.,.•• II ,,,:.~"'." But,othJrl tlian ,that.you wouldn't ::>e able to identify it.~.~...t~-i.T'~Of 1 ""r',"4-~:;.',"t ~J 'r ' '~.'. ""f <Ie 'I'';.'I ~;/1 .I'wouldn't b~aole;'to.'':.',~' ,,- " .- c)'7 Q Your husband has testified th3.t M'::'.Vulcan·was stand~ng at " a counter when he ,~igned that.'Is that your r~Gollection? ,, A Yes,They have a modern kite h;,n~They have 'a long counter the t extends out from the dining ar,ea from the kitcf'!,en into the dinin..•« z«>oJ>QIIIZZ\&I ,.Do i0I- el AZ " X III« I ,.~Q1 r=U ., A :ll:'~~l- I III '.. ! ' \1 C I e oJ«",!:! C ;).,.~. J:..r-III Arid you say that at 'that time you'.'wer~e no t ~i,~re thatl\fr".vule an ..••'...,.."2"~~' ,-1 II- ". ,. ,. ." ,I ,. .. 't .1, .- '. ,-,> Yes, ,. No.Iwas not aware that ,he'was ill. 4~..•,..•r , No.In fact,after we'had supper,-we played c'ards. so we went for dinner.,r".'•t J to'"If"''l J !~'l i"~;.{-~~..I .t-..':r..~...'.a ,""~'. And .tha t was that morning.' In the morning. ., ahea.That's where ,w.~were s,tancing when we.witness~d the specif~callyto witness the Will.Is that also 'your'rec oll~ction? come over fof dinner bec'ause Eob aJ.dMar'garet were 'c'omfng .II ~.:t:".~I , "~.,;.':"'~c ..;'up,and the y:¥t anted ,us .fo:be avwitn'eEs to their will:And ••."I ,..-l,.,'t t..-(• :.....~",t '"11'''''.i1:"..~..::~ I li'igning of the Will." 'Now your hus band says.th,a t you arid ,he were i,nvited over there :And h is appearance was not greaflydi::>ilitated.,, ~;- .was 'terminally ill.Is tha t'corre'ct?., .. Q A A uill:~Q'oDo\&I ll:A l-ll: ;)o ,u Q oJ '« U ii:Il.o" •..t,_ And he seemed to be very hale ~~d hearty.• 1 ' A Yes',. ,-~- ,''....-=L.•...,. ~'0" .,.-'~,,'.,..'., ," ..i Mr's .:Mazia 28 Q Did you look 'at his signature,befo~e you put 'your name on the Will?' A Did I,look at it 'as he was'wriEng?, I ••.._..~·'1 .''Q " Well,either as he 'was writing or after he was done writing,di<, you io~k at it? ", .. ,, ,....( ,., '.,.,. d ;'• 'II'J'I. It's rio't established .that .'~. '.,, THE COURT:(..-' MR.~AKER':' ,she had seen the'signatur'e as to the two C's,has it be n? It wa~my I,ui;de~sta~ding ,.Yes. .,. Did you notice ,anything unmual abo'jt the'signature?'.' ··f • . ,~....... As he w~s writing. • "f ..".I No"I didn't., she said'she saw the signatlre'before. Before you'put,your'q~me!6n it. As he was writing,Is eEm him wi'it3..... .....I I. Di9,}OU ~o~ice that he'had used two <;:'I~.w~,en he spelleq Vulcan. ,Yo,u saw his s'ignature. 'No. ..:u II:I-!!!o .J0( ~o:::l'.., :J:..,.. (II A !Iitl:III~~. 0A.. IIIII: I-AII: :::loU j 0(u ~Ao 0(z A 0(,'...>.J. ~QzIII,a. Z AoI-~ Z Qx III0( ~A .f " ., ., ,e 1 e' Q #'...'"I.4 t i ~ ,And it i~/;;ur·.;testim'ony'{~a~there didn't seem'to be anytl;1ing .•.,,".~(....'.~,''.J f ,f ,',.....'/;It!" A unusual about that. ,j I ,;,"i"t ..;-"fI ~f'~.\l'..,i I ';,_I ~f::Ii·'~,~;-O;\.:• Well,r'didn't pay no ,'at'terition. .',. ,', i· " ,Mrs.'Mazza .',,29 Q 'Is it your testimony'also ,that :lOU c:id not notic e whether or not ,,' " "he inserted the-date?" •Q A ,. No; ".... Did ,you notice or'did.you not rDtic E ?, I·did hot notic ~~ 'ui0::,',IIII-A0::0a. III0:: I-Q0:::> 0u .J« U ii:AII. 0•'Q " ,then. y<?u signed it? " ,., and gone? , Do you kno~whether it was da-::ed ¥.--h,enever .you signed it? , That'I don't kfbw. ,,". ,To ~y best recollediori at;that ti:rr:e,n,o,Shirley wa~.nlt,home ...l..j '•• Now d~you recall whethe~or'not Shi::-ley ~as already in town' 'winen this Will was witri~~sed?;t I really can't remember'. ," Was tpis before she,'.~a~e in 'or,~ft~r 3h~c~~ne tn,{or had she (orne,. ,.~(1."'t ~!~..;-./...f;'H'",;f ~'.• ".Did yOU noti~'e~this,blb,tch '6r\qla~k rrark on the Will whe.~iver .'Was'there any e~pla'nation mad!}to',you as to'w hy you we re to I.......,....111 lr "1'"'.'f .~ ,.....,r .1..J "",.W"itness the Will,,rather than 'Fiilieand Hoot? I .1hr ,--...t •..-'",'";f,¥,,,',,-..t ,•-.~...~,~J"" l-•~/,~"i ,,'I i·.fI;"'I.''~./I-''',:''1'"'"t'I I j""'./Jf..','1', "•~'.',~...\"'I d"t-•,{~____to.rj -,~'J "./11;.•_,J '."•No.I was under~theiimpres·sion·'theydiCln·'t'w'anr.anybody in the ...,r;+0'•,, family.TheJ:'h~d k...n.o~~~us,we wer:3 friends of theirs fer 20 '.'Spme..'i -.'"",.I-'~....,.-...l ~.'- •~1t,.'t:t 'I ..-'I~J,ff j',~_V r'wi".i.~/.t"':f '!-•years or more~'-and they asked JS to witness the'Will.' <z Q<>.• 'oJ>~AzIII II. Z Qo'I-elZ J:'.V), <~,A ..:u it •l-V) C '.oJ.< u'0 :J-,Q :t..::; .N ,l' ., ··e A f ;I This,I would say was 'before she came. Q,'And'do yOU know whetJ:1er'~his,was b~fc~re.n~had gone to the"'.",. ".. t ,~• !..~.'O'IL~,.~~II '.."':J ,~• J'!l-'~ '.'.. Mrs.Mazza'30 Clevelan'd Clinic or after he w ~nt t·)the .Cleveland C~inic,Robe .t, I'~, •t ~; 'that is? .. ,, A " ,The signing of this,,'be'f~re he 'Nent-~--no,I can't say that beea se ~.", e'Q 0( z0(>..I>-A1IlZ "Z \&IDo i Q 0l- I:)z A:r1Il0( ~Q .. I • the nextda ? ..' ,' next 'day? ,0'" ." ,', It was a week day b':=cause I had to leaveNo,'not :r.eaily . f ..," ,"You and she we're fairly close ,f.:-ie nds :".', Yes. .'/, Do you ~:~~~W/hel~;;,:-!¥~.you .sa,,:30blhe No,h didh't,see Bob/the ,next day. C?h,.yes. .""" earlier because I have ~little gi?l.", And did you 're'gard'yourself as 3.fri::md to 130b as well? " A nd you do n't .re member 'the date ~ correct? ., .'Now 'do you'reme~ber the night that thiS dinner "took plac,e? ". " " ('~. Q Q• '.Shirley was in town?',.' A 'August 0('71. t,t~-, death. , t '. ('..',' " l', .. Do you remem,ber the conversaiioh:tha i,you had with Shirley at· .~. ". , ,A•..Q ,.." A Qe.. Mrs.Mazza .l}~ter his ,death.yes. Do you remembe~Sht.r~ey com:ng to vi~it'you at y<;>ur home?, Yes. -Uiat time? -,31 A ,..:u itI-UI C ",oJ« uc,-'::I., :tl-I"'N ,u)a:1&1..~'QoII. 1&1a: I-'a: ::Io U AoJ« u~Qo .1 0,:t- you.d>:o told you'tha •t I did no~s~y that~ I ,.,."~'t......,J.~', '~/ it true thatat tliat;ltirhe Shi:--ley ask~d' ~..'~.~i \...t ",'..~,~~ '. No.I don't remember her saying that. No. Do yOU remem tel"',you telling her tha~that'was right,that Hoot had br.ought you the ·Will for~you.to.s.ign? Hoot never brou'ght me no Will for me to sign. your ~usband'sign-it?'Doyou reoemoer her saying that to you'? Yes,I do.. .t 'But didn't yOU te,ll Shirley that that ,is -J\fhat happened? .Isn't ,Margaret had-told -her",.that ~s Margaret had told Shirley and-her..,.,'1,.~-\lr.tt(),:-t ' •;•(....I ,..,(•I.\r.,• husband.Lou.that:M~rgaret hac giv~nH6ot the Will to hav~/YQ:l2.and ,. A A Q Q. ~z 0(>oJ,>UI t ZZ1&1.11. i.0l- •1 ClZ :rUI0( == A No.I,did not. Q ,And didn't Shirley state or ask you--_.:. .. lV[R.GOLDFARB:I :Jbject.I think counsel "is going pretty Jar to get hi!=,own witness's testimony -'., "into eviden<;.e.~hirley is here to testify. -" t • ------'-'------------~~--------~-------------- "t..,. ",. Mrs.Mazza,·32 Shirley will tes tify,,,' ',". but I'm cr~ss'exami~:ng this'woma~orl"a c'onversal'ion ,•J ... ,.. on'a specific conversc.tiqn which I ,·have'identified. ,.' THE COURT:,,..W~~iil overrule you pro .... ;l',:,..i., NO.She"didn't want ,no one to know she w,as ,there.and I tol d " ,t I' ,.,~..,j I .....," ., ..'. forma:Cont,inue,op,.. you 'are,denying that?, I'm denying it.' No.I did not s'ay,that.'., ", Shirley said to you a~d isnit that the reply th~'t yo,~~ade t~he ? .'L.".,~'~ ,~,"I • right.Your dad'~name'was alI'3~dY'~rl;it.II',Isn't that what' .... Isn't it true that at that'time ShirleJ,said"toyou/'~nother word~, •.'",i','j.'.t .•• you did n.ot:see m;fat'her sign tis ~~m~?ll.A~d you said,';Ttlat's •I ,,' -Isn't'it t:r-ue th~f.subsequEmtly,aHer "'TOU talke~to your husband, ...~;."y~u talked to Shirley again ~nd told :hEr tha t yOl.l'W ere mistaken' ~~I..,-,'I'"I .,',:'1>-'.j •tb:at_yo\l.'~~d ~~e~trer fa!rer sign the ,Will.?' ';"'f,..j'..../.,,\.."-j f;I :o''.'/~<J',•,'J.~l'i!,I ~'\......,;.~•:*j '(•~i JI •(;.jl j...•••,t~<'h"~1=..,,,...!..J{"..~t...t.:'..f •'!~•-'Shirley c~,lled me to tell me that =waE 'to'tell nobody that,she ,.or ... ha,d,beeri,·iri,t~~~..;~', !~'t';;'-"··~~f.1 ""II,/",~.....-'.t,1,,'-fl',"I".~..,.•'th", ' . 'Y,''.C "Iff-;'/'.e . ' .A nd the ~~as'6nvVhY(~a~~·bec~u?e cf/~onversation betw ee'n y'ou a d i ,.....-., t'l""",."'"-........'~":J:.",..!."1 •""J',10-'.•f'he.n'.;':.,(.'.l ,,t ~""\.• ..:A~ II:.... Ul QO'e ..J« '.u A.'0 :l., .'J:Ql-I'-III iiiII:III ,.,.....~II:o·.J:1',Q. '"III II:,.J.l.:t. ~'A ..... 0U ..J«u ii:ll. 0 Qe " A •« z«.Q>..J>-Ul ZZ.~., i0...e>z "xUl«3: ..'her that she'd bette,r.thihk"about w:iJ.at s'he was doing,becaus'e ...,I knew that Margaret had said that she Nould take those kids ,l'. ,. into consideration.And I thought'U.at si1ewas using the wrong /' " -----------------c-------------------------;---------, Mrs.Mazza 33 'tactics the way she was g'oing c:bout doing thiS,thing: .I , That's whllt I told her. . •Hoot never gav~me no Will. !I ~ 0(, z Q,'I~~0(.>,I '..1>,AIIIzZ1&I11., "(i Q 0 ,,l-I:) "z AJ: III.0(~Q .. -. No,Ididn't.",,~··, •'..It'tt I Have you wit;}essed:an).~other ,V/-:ll ?~.,r "J ~/1,pc ~•~....."~.';1 I :v.".,~.f ~"• No';Fhaven't.' J ';','t f •\'""J)~~(',:"t •~,#,.I ','"• Not for Mr.Vulcan or anyone else? given you that Will. It is your tes timony now that y-cu never,told Shirley that Hoot he;dQ A• t ~AIII(i • ..I' 0(Q ,Uo ~A'· J:~,~ 'N ,.Q IIIll:1&Il-ll:oII. !oJa: I-Aa::>o .'~Q 0( u ii:II.o '. .No. .Did.you at any time after that witness any papers for Mr.Vulcc n? After that?'No. At any time after,that,were there any papers offered to,you fOl .witnessing? No. When was it that you found out tha-:Mr.'.Vulcan was terminally ill?_ e ; :.-, ,1 A Q , A ,- Q 'f, •Well,.I think it was only about-;--I wou~d say two weeks before he passed away. A nd who told you? His wife. She had not mentioned it toyou befo::,e ,then?., No 1-·' II I, ,. Q Q A 0(Qz 0(>~AIIIZZIII II.Q i0'...~'A :I III ,0( .~ ,Mrs ..Mazza , When was the last ti.rn;e you vis:ted :1im before he went -to the.. hospital? Oh,we were down s eve~al tim es beior,e he went to the hospitaL Down at his 'home? ,',',\'.', Did yo~.'see h~ni 'aga'in<ci.t Tillie.and Hoot's? A fter he'w as real in?,'\' ','.• After he siin,e~tlie :WiiL· After he sign:ed'the ·W'iU;),.can1t rerremger-.We may have beer up there f~r dinner again: ••'r Do 'y~u remember w~6"gav,e~him ihe p€n to 3ign i~? •/i or" Who gave me the p-en? t You hayenp recol+ection?',,,. I have r:i f~cbnectiQn.~,;·,fI ,",'l r fI',~,.i'..),.,1 ,!"'.f l l~l ,J.••'.~:j 'I'-..4 '*"I. Now 'fhen he ,E'igned it,clid he ,f:>'•~l'{,,'',:i <1;'.\',.:'.~;•.,)-.t·", The pen?..','.' .. .' g~ve it to y<;:rur husband.to sig'n?. ,.., Q A The ,Wilf. Yes.'..,. '.. ,. Q A Q And where 'did you'r husband sign,,en the table or on ,the same counter? " Ori the counter ."~ So your husband go~up off his chair'. "t 11.-•• " ",M~s'.,Mazza- " ..,\ ., \. 35 A ,,'......, '.~ Yes. 'I Q A,nd did'you do 'the sam e?...-.•,f ' Do you re:rp.ember whether or'not---strike that.Did you read t e y,' .. I.i " " ',' ,,' .., -, He did say"Il'Do you want"to readit'[':And I said,"No.".,.'/ There was no discuiision as to what was in it. Did Mr.VU"lcan make any re~arkO? No,I didn't. Yes. sl'gned: .",:':-, lwas right there'."+.t ,J ,~.""';.."",",,'.~t..".,[1 .'J /)"i ':1'I ";.••J ~...I t,(",,.t .•., So he steppt;d out of~the way"and your husband signed and you, .So,yOu didn't have any id~a whatw.as iIi:.t. ,No.' f.'nd you'?Oh't reme:rnber;whethe'r ·orne.t.that s'plotc~was on' ,it when you witnessed it;: ,'..' Will at the time? And.you don't re~e~ber w,hether'cor n:)t it was dated?., .., No,I don't remember that. •~I , ,,~4 ...... D'o you remember.whetrer you,used the san~~pen? No. .' That I can't remember. ,~f (10 ••*1 '.I'm not sure.I think,I1]-a ybe'twa$'just standing t.here.I was~,,-'....~t .'.'+rI'\,...<II , •0(,",~t '....~t~,"t"""I~"...\t .~.·~:.standing,ther~,be<;ause lkne~I'was goi,rig to w.it!1.ess it too.J '......1 •.~'.•/,",'"~'~+,"~...'".~r....~.'~',',,'I '"t-,..,•• •I'";r'f'I~"••'." I"'....~_~"4~~'t,r~f'~.,...'r '~"r '..~'.-~~.~.~.(~I'~~:./\,r-'".~,.~.f i . So you 'were r~ig~t by him. I " A «Az«,>g'Q z Z\&III.. ioI-~A J:UI«'~Q ...:~AI-UI o .J 'Q« uo~A xI-,,J'. III Q iiia:\III-a:0II.. \IIa:AI-a:,:J0u Q .J« 0ii:ll.0 A Q A Q A 'Q' ~. , ,. •• .,. ------------- r Mrs'.Ma"zza 30 ' A No. I have n9 furtherquest~ii!H1SJ. " we will 'call Robert ,Vulcan. . :?or our first .witness ~.', That's all'i have.,,['think it's now your case.•".1., ,You are res tiI,lg . " MR.BAKER: ., MR.GOLDFARBE.J • .Now.where were you living at"the tiri.e teat you~father Cli'ed? , J ';''.' At the ,ti!TIe my father died;I was lhing with,my aunt: .' ,. ,I .' ,. ..'..... .' ,.'. •:<ll.~f...Yes. '. Six Redwood Drive,1;v.en,etia.,Pa, ,"'1;-.,:);11;1 ../~l'?!'...~..'tr~t J T '.., You are the son of the ,decedent., 'Mr.Vulcan,wha,t is your full name? -'I am., ..'.'i/:\.,I.!.t ._,".Ii +~.Where do you live?'•ii'·r .,.'"I.,...~,;,fJ.'f .:'Ie .. ,Who is that? «, z« ,~, >-UlZz·III "l'.,..'~R.OBERT VULCAN ISCAULED 'AND DU~Y·3WORN.,z , ",~.,"' .~EXAMINATION By MR.BAKER: J: Ul«~,Q Q uiII:III~A•.2 11/. ,~Q II: :Jo U 'A .J« u~9o,. • • A Catherine Tustin. Q Where is that?., A ItIS 'in:'Upper St.Clair.· ." ," --, •' • Q ~ . A .,t ' .1 Q., A Q ,-. 0(A,Z 0(>.J Q>-I/)z ZIII AII. i0.1- el Qz x.I/) 0( ~ t-=..u All:l-I/) 0 Q.J0( U 0 A;)., :t ...,.. Q(II ," How far from where your father was livir:g? ~'fI,,....~...,,~)~.,' ,I "J,f I (• '.I~would·.say,rotglb1~:Y,r abopt five miles;.,.,. ,.,1"""'1";.t"•.,(.,l ','"/,J ...."';I~..~t·,.\'..,'.",.1-J.f'r'r/lr';/}·l ,//~.r',/.','J.,.,...,.;'~.'-"'~i·t;·4 1 ',j~._~.\••l -~:.~""":'~_..'Where were you workmg at the hme? ,,.'.f",., I was working;wit,li my fat~er at~the,3.uto.:parts store, ,A ,f t/',;,..;I,:'~'./.r 4- ...,f ...t·'t..'A~'"~l ..~...:"J ..~./~r #". And where was that "'located ? J.,,........~"1--*f',,~,,"",I I ...')",~• It was,-I b~li~vet 210t'V~1l'e§'Brd.)k R )ad: ". ,Now how long had yoJ been working with your father? ',About two years.· l • )·t ( During tha t period of two years.did you have an opportunity to see his signat.ure?'". Quite a bit. And were you famili~r-wit~his signatLre? I bel ieve I was. ~Were you? 37 aill:Ill.Al-ll:0II..III Qll: 'I-0:;).•"0 Au.~.J0( U '., ii:QII.O'. Yes.I was. ., And how did he spell his iast name? v U LeA N. t .Is that how,you spell your last name? e··A '. .',Q . A Q I " 'j , The same way.yes ~ "in Did he ever s pel!iV'any other fashion? Not that I ever seen. I show yo'll the origina,J.Last Will and Testament which has beer filed with the Register of Wills.at the number and term of this ., case,and I ask you to address':yours"elf to the signature above,...., '. .' 38 the printing Of Robert Vulcan.Do ;'ou re~ognize that s ~~na ture " a~'your father's 'signatu~e?.. ,,..t A ,"r I'do no't.That's not,my father's s.igr~ature. Now under wq.at'cir·cu'mstances :lid you come·to.work for your ,,.'-.. .!. time,and 'under nocirc~mstance~was"she coming back..'.,.," <'"'.', ,'.' ,r .t ....~.·0,(tallf'dve'r~fir~tJ,t·tvhicl)'ir~~sinvolving th~fact of whe~her or.not •f" his wife was coming ba'ck,whether it 'VJould be any interference.' He assured m,e at th~'time that she.had left him for.good th~~s "j -- weekends to,v,isit him~ild he,a~ked rr:.e ifI was interested in • ' •.'r ! ' father? , "<.:llone,,trying to run the bus'iJ:?-e.E!.:=:by 'hhns elLicarneLinJon ..'.".~. ,Now will you tell the;c.ourt when this occurre'd,when'this •...,T ,, , :Well..it's very unu~.ual Circu~s:ances;Clt the time'he was livin~ ,. zoI-~cOfuingback and helping him run the Susiness,being his wife hi d x .'*.'.'.'j #r,,,';•~t ,(~.(It '..8:+r •,~;."..1eft him:,AndJItold hirn':tH:at it ","ould take me a couple weeks "'-of-".l.'....,'i ~.".,-"11 ~f.f'1,;\,.,.,'i...;..""1,~-,.f:,.=~;~;+··t.'~~~/"{'(~Y-'{Jt~,~'~".i!I~!ft.~~I.~,.·;l~.tt/i'~"~~.:,,)~,I .~.~_"~tI:~,:r tr,.• it ••..to decide.I had apr.ettY"!gooCl job"r:dtdk't want to give uplii',P."" o ~"",,;,~And the 'following week ,I1came in 3.gain and 'he asked me,if .:·f ",C _"'",'".!5 !jl~j .,'",'f.,.J,'.};:.~I'd~co':me-toa-~y dEfcisic/n;and Ito~d hi:n we had a few thi~gs to, :t..,~ 0(Az '0(>.J>-~''C/) ,i~ IIIa. uiIl:IIIl-ll:'0a.IIIIl:, l-ll:' :Jo U (~.J••'« u~Qo '. ,, ." I ' conversation or discussion occurred? A ~....,,/'j This ~~s ,in the sUfl?mer'0'£'b 9 Somewhere,1'd.'saJl:around t., ,. "June,somewhere in that vicinity..., ." , ....""','.'.., Q '"At that time,you ~re telling us 'that Mr:=:.Marga~et Vulcan ,4"'.",'r "j was not living wit;li yo.~r father. "J j .No.She had a lready left• ,..;.,; '.. ~~~---~~---:----------~-----------~--j Robert Vulcan different 'incidents..' .yC?ur father ? i.4 J,"':..~.. \ ,t t r~,' •0,f'.,;..'IMrs:Vulcan ",cis 'n8t thE re. ,..(' ".At the tirreyou came to work fo.:'hi!? ~o.she was not. correct? No~There was numerous occasions where she had left him ove., Now was this the first time Mrs.l\[argaret ,Vu.lcan had left ..,'Now at this~particular occasion.how_ever .ygur testimony is .'...... "Right. Q .. A , Q «. z«>.J>III ZZ1IIII. i A 0l-e>z QJ:III .«~'A • ., .. of 1909? apartment with him. What year is that? : .'..~,. MR.GOLDFARB: 1969. •L"I' And \at'what point in the year'woul:1 thi.3~be? ".~., I 'A pproximate~y two months., I'd say so~e.where·aroundSeptemter~somewhere around·therE . .,,, Where did you go to live when you cane to ''York with 'your fathelr ? What happened in September or Octo.ber of '6-3 that"changed Somewhere in that vicinity~yes. ".. .Now for how l'on'g aidy01i"stay at t:~apartm:mt? ~.. ,When I first came\n he ~sked:ne to stay right there at 'the ,I .Now did you c6me and 'work ~ortyourfather at or arouna June ..:uit QI-III0 •.J . <, u 0 • :J A.., :tl-I' N !Ii Q II:1III-AII:0II.1IIII: 1-., II: :J0u Q.J<0ii:A'II.0 i Q , 'A . A Q;,. r--~---:.:---""ir------_"':-_"""'--"'-------~~----!-----: •,I Robert Vulc an 40 the situation? A Well,he came up to me,it .waE dn the latter part of the week, 'l"gu ess it was around Fr,iday,a nd--'-...; c'THE COURT:.What date was this?, 1'his was around September of 1')9.And he asked me to look fo . my own apart!Dent now."He say::;under th;e circumstances, Margaret is coming back,and it '>vouldn't look too goo,d,you k no , .if Iwould be living there. Sometime around the fall of 1909,"he d~d.tell yoq that his wife was returning . No,no change whatsoever. Right. Now was ther e any change in your emr:.loyment'? anything mentioned about a Will '\ I '. t*w,' "I was"still working. you wer estill working ': ,~.../'l Only the fact that he told me;he said tlBre is a Will.We had h~d,# ,'.J"•.) ,•II,.,-,.~"_t..;~, ' numerous conversations w~~re·tI w·a~t~·d\'~'b'e11s~u~"'ed,of my/"\,: ,1 j ~01.1 '"\t t", Now at or about that time,a'little jit thereafter,was there And asked you to find your own apartment.. Right. Q A A Q A A Q, A Q ...:0iiiI-III Ce.J«•0i5 ::J i ., J:..r--.til iiia: III I-a: 0Q. IIIa: I-a: ::J0'0 .J« 0 ii:II. 0 I tit job and he said,"You are.There's a Will in your"favor,," ~.:.. li©said,"So don't worry'about it,"whi~h 1 di.dr:t!~.dq>~.,.'i '; z ......',,f>"•\0 ~ ,I ,\. " ,Ro1?ert Vulcan 41 Q Now when did he tell vou about this W'ill?oF "He assured me,1 guess around November'or somBwhere'.it It .,' was into '09,right aHer tJ:1~Witl was made out. Q A And did he He told me he required an attorney? for 20 years or so., "some 20 years. •.1 ". I ~",.!~ ,I , t ~,f~...."'I'~h •,.j f J I'm objecting'just on theMR.GOLDFARB: grounds of pr.obably 95%.0£the answer is based on hearsay,considering the age of this -witness a;nd what rte Yes. In other words,Mr.Bob Zeman,Y<as,your father's 'attorne;for .. Did your fat her have various differerot business problems for w h.ich , I cou ldn 't say for sure.1 didn't know "le was his attorney.. Mr.Bob Zeman. Who was your father's lawyer at the time?;, a copy of the Will.0( z0(>oJ~QzIIIII. Z AoI- Cl Z Q I: Ul0(~ lfi II:III~AoII.'"a: I-a::>oo oJ0( U ii:II.o ..:o ::A~. o oJ 0( ,0,-'o;Q :tl-,... N .' ,"just said. THE,COURT:.vVell,on the face of it it.'s not hearsay,but you can determipe that on cross "examination. Q Let me ask you again.Where did yC?:.lr father tell you that the' ,, 42 .original of the Will was? He told me that the original c or:y of the Will was kept ~t Mr. Zeman's office. And did he tell you what he had ".n the Will?.. ,- 'He didn't tell me exactly what 'was it:there.He did sav that the• I J three ch ildren were 'provided for. " Now f~om November of 1969 wh'e:)this conversation took place, from that point through Novembe.:-of 1970 of\the following , year,what was the relationship l:"etwEen your father and Mrs. Margaret Vulcan?. A You mean as far as working conditionE'or'what? Q I'm asking you to your knowledge,.what you saw,what you about the time they talked to you a:::>out.this Will,up until appro i- •.:'1,'. f ...'. ",~',.. "I would ~ay'they were getting along fairly well. Were therE;any arguments during bat period of tinE between them that you were aware,of:?".~'.'i"lo,.i~~ ~ately the end of the summer of 1370? heard,how did the two of them ge~alo:1.g from November of 196~:. .Not that !can recollecU/,',.A A Q ...:u It:l-CIl 0e.J« ~ 0 :l.., :tl-I'N iiiIt:l&ll-It:0Q. l&l It: l-It: :l0U .J« uii:lI.0 I e Q Pid Mrs.Vulcan leave the premises for :)vernight at ,any time A during this period that you.were aWE.re of?,.,,{...,.,r "I r ~.,tl,· " There may have been---!'believe there W8;s lone occ,asio~,w.herE 6 '"...!"~It,~•... she left overnight. ," ",And do you know what ca,used her or what pres:ipitated LlQ ,. '\, " You haveto 0 bj ect. t"b.., .I'm b~e'ri'~9ject~ng a ,l i ~-:-~,~.',I " ....";..(f MR.GOLDFARB: ~. .S ~ \.;,;. q?~,:D~A F:'B;c ~~;'I :.~;~Oi.~~.t~:~~~~,~c t: THE COURT: number of times. her leaving? f . I : I ,. I QI I I I , . -. e THE 'COURT:d.. t If,,;~."11 "I*i 't rt'~J • J •t _ I don't think you 've"obj e~td:1 bl;lt one time tha;tI know of,-Mr.Goldfarb,and I think , you objected to ~omethiLg wf!ich had to d~'w ith wh eth er or not Mr.Zeman was ,:his '~en~leman's father's lawy r for 2~years. e I ., f .. right. MR:GOLDFARB ·'THE COURT: On .thiS'witness,you're ., ,H~,may have know n that as of his own knowledg,e.That i~that point.If you are ,' objecting on this -_:..-' "t . MR..GOLDFARB:'LEt's hear the question. .J ..My question to y<?u was':'~-"read it jack,please.,, (Stenographer reads bac'k the last q~esttDn).;(.'. " l\1R.GOLDFARB::I'm objecting.There's.. been no~foundati6nlaId on this. THE COURT:If y:)U'~now .of your own knowledge. "'¥ ....i" MR nOT ,nH"ARB·.It's hearsav also . ."" Robert Vulcan 44 'A . I really don"t know of my ow n knowledge. Q Was the re anything unusual that occl'rred between R'obert Vulcan and Mrs.Robert Vulcan befo:,e she left.? left?Is there anythiilg.unusual that h~ppened that day or the occurred immediately'prior to thE tim.€that ¥rs.Margaret,Vu can j I I I you can ,• .' '. That's ~hat y.ou have ,toobj ect That he s'aw of..his 'own If yoU'kno~of your own .', " ",, . gone jus t the ::me night,a~far as ~,.-.~~~,~ ,.H •","!",I...._••,;.,tI THE COURT:'. THE COURT: MR.GOLDFARB: to. kno~ledge. knowledge. Right., recall. ., And Mrs.Vulcan':was I'll have to say no. day before? ,, My ques tion to you ,was,.was ther:=ari:Jthing unusual that , There was,-yes.There was quitE'a b~t going on.There was my father was dating apother,woman. A A Q Q A Q e <z,<>.J>-I/)zZ III0. i0I-elZ :t I/)<~. ...=u 0:l-I/) 0•.J< U 0 :J., :tI-"N. ui 0: IIII-0: 00..., 0: 'Ii::J 0U '.J« u ii:ll.0 e A As far as I can recall. ,.I ,'1'., ,j , I""h...\.'... Q Now at some point in 1970,did your fathe=,go on a trip?" A My father went on a couple trips in lS70. " :Robert V~lcan 45 Q A Q A I e Q 0(;Az0(>'oJ~'QzZ\&ID.Ai0I-~Qz xUI0( ~ Did he go to )oEurope? He went aver to Itaiy. Approximately when.did he go teo Europe? I would say it was around October of '70 t,hat"he'went to Europe. A nd did Mrs.Vulcan go with'him? " No,she did 'not. Do you have any idea how long h~waE gone? Roughly,I would say about three wee."\.s. Now when he returned,or up until thE time that he went away, h ow active was he in the business ? December.He slowed down quite a bit He'wasn't down as'mu(h as "/oj." ·,_"~ ," ,,~ ",. ,. ~;Ii,t I..,. ,, ,That 's ~1'970.~r ,"".•..,r..".,~~,..,~\ ..1-#-.,j...f _"~;'_"," , ,. Yes.! Now at or about the time ~hat yOU S 3.y ti-,a t he'si9w~d dawn or or about that time? he usually was. Right. , was no longer as active as he u~ually-~as,;'did he make a tr,tp c t ' " Were you told .either by hi~~'or Mrs Vu_can where he was goinlg?"" Yes.His wife told me he was going :0 Florida to get some'rest., Yes.I noticed it was around theiatter part of November or Very active. Was there a point when,he sto'ppec being active in the busin,ess? ~, 0 AII:I-UI 0 oJ Q0( ,~ '0 A':l., J:l-t-N iiiII:\&Il-II:0D.\&I II: l-t . II: :l0 'Au oJ« 0 QiL...0 ,e A "Q ,, A .'Q 1 , , ", ".Rober'f ,Vljlcan . . .\t .',-'.~.,•,~•I " , Yes.,He slowed down quite a bit.,,:-Ie us ed 'to be very activ~. ", ,1,t 11" to the Cleveland Clip-ie"was there a'ny differenc~in th~waY,he... ,' .. Now wqen he came back from this:rip,which yOU had been 'told Yes,"the first time he went away. Xes. lid say it would be before the'Thanksgi;,ring ~oliday. worked,around the premises? . J was to Florid~,and whi'ch you s,ubeequently f~und,out'was Are you,.pertaining to when he·,went a¥r.ay for the one week? But yOU feel it was somewhere in the vici.itiityof Thanksgiving holidy. pinpoint a,date,I couldn't ptnp6ht'tn.:=-date. I'" And,dp you know where he went at that time to see a doctor?.,,,.~_i t ;r "',\; Yes.I W.as later informed he had go~e,to the''CH~vela'na Clinic...~.,•.-t 't •,;.,",i r '•;'~"~'It'".f And doyo.u have any recollectio:1 approximately,when .that was? ,••I '$k i"'; •,-"• •J I would have to say it was after :he ,Thanksgiving holiday.,To .!:-'P-'';'_.."I ,~ "'f ~'I-;'4,.t ,"',.J ..t '\'Later I did,I found outh'e had beef.;t:0·the doctor".,~'lo ~.•,#....~""Ito \.I ~\..1. ,Would it be -befor e or aft~r,if.you car:recollect?''. ",,' .Q -A Q, A " Q .'f ,. " ,~ t-=.U ii:liio .Jc( U o :l., :t'..,... 1\1 !Iin: \&Il-n:o0-wn: l-n: :lot) .J« t)~Ao "A ,Q A [ Q A. c( z c(> ".J>-QUlzZ\&IDo i§l the machine shop,which he didn';:.tak~foo much interest t'o after thatt He just more or less staye?a:-ound:the store or .1 i was upstairs rest'ing . .' Q When was the first time'that you fourd out that your dad was ill? A , I knew he had been ill':I didn't know ,'7Vhat was re8:11y the troubl .• " .---------it"-------""""'":'----;,-,--..:.------;-.::.:."------------------,---,-----~I----'-I f-~ .",.I Robert Vui'can'~''.~t..:'If"· i, ".", ,~'0 "I,I,i-••......I'....'47 H '~ 'But I,wouldsay it was 'somewhere a70und i::?ec~mber,the first ~, I 'J •-..'" .I'~. part of Dec'ember,"',.~I'',"\.•...JJ",':,I. THE COURT: A '70..," And how did,you find out that he "'Vas 1 ermihally or !3eriously ill '. Are you .saying iH or terminally 'ill? How did yOU find out he wasi~l? ':'he objection is sustained MR.,GOLDFARB·This is important for us. i THE COURT:I.have sustained it now.• THE COURT: -,'Don't put a lot of as ide or::the'rec ord . I knew he'was ill'il1 Decembe;,-in the month of December.• " .I "., • Well,through his wife.She 'informEd me lie wasn't'feeling teo good.This is w~y he was staying u p3~a.~rs . In December of,1970.'how often would he come down to the store? He would come down;he might come dow~everyday.'He wouidn't MR.GOLDFARB:I object"b,ecause he didn't. A nd how did you find out? answer that,he found out he was terminally ill. Ill. " !Ii A ll:\&Il-ll:Q0n-., III ll: .1-All: :J0U .J •« U ii:lI.Q0 A ,..:u ll:I-~eni5 -I~,Q o :J ~Pi...."III 0( z0(>-I>-enzz \&I 'II. ioI-elZ :cen '0( ~ ., ,~ " J.1 stay too long.He wasn't taking too rY"uch interest in the busineEs after that.He was more or less st'~~:f.ing .lpst~irs• Q . How long would he 4stay in the 'store when ~e came down?., A He might stay 15 minutes.Sometime3 he might stay a half hou r' 1.'.T4-"., ~c- ,.' >. "'•cI",, ·~.f ,.:.~'}i •.~, "I Robert Vulcan , "<"' ".,49 Q t "/';.fWer'e you told wha twas "wrongwith him 7i~..;" .0'•I A No,not then.I didn'tk'now reaLy wf:at was wrong with him. Q , When did you first find out that he was terminally'ill,that he hafj cancer 7 A ,I wolild say it was the latter part of January or first part of z~, ~,Q ~I <~ <z<>".J>IJlZZIII0.. " ,.' .} ,.-I .:~I ".rO' •,He told us.'Go ahead to'THE C,OURT: 'the ne'xt question. { " Thil?y~u say was when 7. to your father!S'will or estate 7 No,none whatsoever. ..~4"1 ~ Now at that time,after sne toi.d,yo}that'he'\vas terminally ill, did you have apy conversations with Mrs.VU,lcan with r'~spect. We)l,as often as I could get up there.A couple times,maybe ," with his Will or es ta.te 7 After Mrs.VU1~an told 'y,ou,that;how often did you see your " father 7 . Did s he talk to you at all about wha t he r.ad done,in Connect ion., .,, FeJ:>ruary.I can't pinp?iq.t the date~I was wO,rking in the storE attthe time and Margaret,his wi::e,called me on the side and i informed me ,that he did have cane er .'",three times a week when I was perir1itt.:;ci •to·go up. A Q A Q Q ..:uii:!-IJl 0e.J< U0 :l., J: "f-r-III iiill:III-!-'ll:00.. III ll: !-ll: :l0U.:.J<uii:II. 0 e .. , Yes.She did inform me that 'after she told me.he had cancer, she informed me that the three chilciren 'Nere provided for,tha they had talked it over and tha t they hIHi decided that the thre e Robel't ,Vulcan 50 ". \> childre'n would geLmy father 's ~harE of the business. Q' , Now this she told you after she told vo-ou.th.3.t he was terminally i 1. A Right. '.Q How many times did she discuss this with :IOU? Numerous occas ion~she informEd me that we were goi ng to be well taken-eare)6f.frorI;,m~fathe:--'s share. What was the reason or purpose ~r what pr=cipitated her saying this? " So I w ouldn't be going to my father---- .MR.GOLDFARB:'He's sp=c'ulating on "r ;:.. ",".t '1 -..I •..I i •y.'I '$'" We s·us't.3.1n that 'objection. I obJec:to'that answer. I .'.• THE COURT: MR.GOLDF,ARB: \,1 ,l''#t THE COURT: ~the motive of a statement. .' Did she say anything about Hthe~.","..;,. _ _~''t 'f -:r~.f'r:.".". Just ai~i~ute.•f , e ,. ..". ., In her conversa~ionwith you"with :--espect to".this aspect tha t you would be taken care of and receive yc·ur father"s share .e ; did she ,say why she was;telling you .that? No. Now besides your father and Mrs.VUlca:1.,was the re anyone el :3e ."liv,ing in the same household aS,your fatter an:l Mrs.'Vulcan? Yes"there was. Who ·was that? I',~t".'" ; •..I •J '<-•.•• 'R.obpY't Vlllrari t;1 ., .. ;My dad's wife. When you'say his wife,whose wife?. I ',r ,. He's ar;tswered it rio . C·bj ected to as leading. . ~V\:hy .d.on't ys>u come over: ! - , ••,1, MR.GOLDFARB: MR."GOLDFARB:I ::iidri't hear the answer. THE COURT:'. .THE COURT:' No. No., Now when y~u ~ent 'up'to visit your.father•.did you discuss ,..." Did you ever request Jim~y Casielli or:Mrs.Vu~can to leave so "When .you talked to your father,\J he els e w,as ,present,if anyonE? that youco uld spend any time with your,father alone? .~:j I Yes. t r •t On the occfl-sion,either J,irbrri y G~ie~li or ;hJs wi~e were pre~en . Did he live on .the same floo'r as your fat her and Mrs.Vulcan?' At that time,it was pretty ClOSE to a year: , There was lJimmy Castelli,my fath~r's wife's brother. And how long had been ~iving thE're?' ,w ith him anything 'about his estate"or'~hat he had-left'to you? \ •" rtia:III~Aoa-lii II:' I-a: :lo U .J< uii:lI.o A Q ,A Q A :!:Q'.z<>.J•>-III ZZ , "IIIII. i A, 0t-elZ Q;:rIII<~A . ..:u a:Qt-III ii .J A< u 0 :l Q., :tl-I'-~N e. here and sit in the jury box se youcan'hear better,., Mr.Goldfarb?'I think it woul::i be 'a good idea. I Q ,. Now how long after your fafuer's'.d~ath did you continue , to work in the bus iness ? fl.Ahr'llltth'Y"pp wpel~s. .,. Rober't Vulcan 52 A And what happened at that point ? Then I was---I1.came.in one morning ~nd 1 wa~informed I ,,' wasn't working there anymore. Q Who iilform'ed you of that?" A Mrs.Vulcan. Well then,from"there I went up to s"=e my dad's lawyer. I asked what he did,not what he said. Mr.Zeman proceeded to--- 'I, ~',,'I.r , •...1 "..:I:·.1,.tl' ,~I ....J ~ That!s object~d to.1 , ~./{II E • .,., MR.GOLDFARB:' Mr.Zeman. And what ,ci1id Mr.Ze"man 'd'o?., " Who was that? And wha t did you do then?, Cl~Q ~Q :(>..Ji.i A.. %II~Q oto~A ,: ~AP-al o ..J-: c c::Q THE COURT:We have to allow him to ; t ..i aI:LIl-e:C>c:. UI: l-I: ans-wer and allow the a Is'wer to abide the event.Answ"r the qu estion as to your own.know1Ledge as to what Mr. :--4 c~ I.'.Zeman did,if you kno1A . I. ii ALIC Q Mr.Zeman proceeded fo tell m=,that---, ,. Not what he told y~>u.What did 'he d,)? A At this time? Q Yes. A Well,do you.want his actual movem8nt of what proceeded? THE COURT:Thatts what he's asking. Q What did yo,u see him do?,. Robert Vulcan 53 And was it an original Will or was it a copy? He went into a file and 'pulled out m~t father's Will. I '.-\ >...' e .. " A Q , -.., A " Q A ~ ,~Q' .J I >-~Az \&III. ,, And what did he do with it? He showed me the'Will right there. It was an oi-iginal Will. "t ~•I ' What did he do with it? He proceeded to ,read it to me. .' :. ..',. actions'and your action::a,s -;0 Mr.'Zeman. Not what he said.What did-he de·?What-did you do,with Mr.Z man? ~Q l-e>z J:AUl<~ ...=Qu it lii Ao .J~~o:)..., :I: !to-r-- (II Then wha;t happened?. , Then he says --- Do you want a conversation or wlat? -THE COURT: _. Describe Mr.Zeman's "~" Then he showed me the Will. This was before he showed me the Will. ,.I I I ..,".-Ii."..t:.-.•.",I ""1'•• ", :"Jow he's shocked and he ,' , He didn't even know he ,had died, .THE COURT: t,.• Do yOt;!know wb ether ~'Zeman 'went to the Courth ous e? ,.''.'f t'~r r ..' '..-.-. showed you the Will.W.,t.....a:t (did he do next?, THE 'COURT:'What did he do after tha t? I can't recall what he did after that. W'ell,after Mr.Zeman showed·:me the Win,as a matter of shocked'on my father'~death~ fact,.before Mr:Zeman s hov:,ed :ne,t:1e Will,he was very rti A.a:\&I'I-a:, 0 . II.\&Ia: I-a: :) 0 U .J,<U ii:II. 0 e A . I " A'. , ,Q.' RoberLVulcan'54 Q ;.s9:~;e three w·eeks.after your father's deE-tho A ,Q , A e . Q . • .«.z«>..I>-1II ZZ .. III . 0.. i0l-t:!Z J: Ul«~Q " .r .,. .r __,. .,'... other witnesses,we.'. ,,;....... It's agr~;eab~e w\th;me. __Itt ~,I 1~'1...,·.,.t'_. •L I".:.-I ..~.', witnesE ? ,,, THE COURT:' 1 .Are you finished with this None whatsoever. that correct? Yes. Yes. In other words,Mr.'Zeman did con:act y')U 8ubsequ enqy,is' discharged by Mrs ..Vulean. When vyas the first time you fourd out abou:this·Will? After :Mr.Zeman informed me that there Vii as 'another Win prol::lated. me whe re to get him,but sincewe have ~•....'! Just about.'Now,Mr.VUlc,an,did yc·u have any knC?wl~dge w,~"':~ ...'..I .....,- ,..t'.A t soever of the execution of this .'NiH,which has been probated '4 . So you found out about this Will s orne :ime E-fter you had been If the Court please,'\Mr}.·aZema.:,n.fihaddyr.contacted lis and told I w'as inform~.d ,Mr.Zeman wer:t to ~he Courthous e. w ill proceed and bring him in la.ter'~ .before your father's death? A A A I Q Q ~~ ll:I-Ill' '0e..I« u 0::l., :tI-'"N iiill:.IIIl-ll:00. III ll: l-ll: ::l0U ..I« uii:u. 0 I e A Approximately. Q I have no further questions.., Robert 'Vulcan 55 THE COURT:I'm going to ask,one ques tiJp and.w e are going to taKe a five-m inute break for the stenographer.One qu estiC?n ..You mentioned the fact that your dad~hac a'share.Does somebody .e A else have a share in th;is bu~iness b=s ides your father? ,, .My father and his wife ranthe busir:.ess.' As partners? the business as far 8;s-you know. But not rin the actual bu'siness of selling auto parts In 'other words.she owned half the bus·iness and he owned half r' rcanlt control bis answer. I'm objecting to that a Eonor.T~atIs/pretty seriom THE C01J.RT: ',' M?GOLI?FAIl.B: hearsay answer.,that last answe:-.,with'air due'respe t , answer as hearsay.Ycur fa the Court . No.My father informed me thE.t thE business w.as in his name nly. only'. '. As I had seen it,'yes ~I was inf::>rmed. t,t 4 A s far as 1.know.her and my fc.the~w ~re'partners in the bjJildi g !Ii0:IIII-0:oII.III0: I-0: ::JoU...«; u ii:lJ,.o « ~Q, ~>-~AzIIIII. 'i QoI-elZ :z: f/)«~A ..,:uii:l-f/)o...,~Q • u o::J.,A :t:.."N We will consider th,at cbjec~ion p:-o forma.Any furtheln questions? MR.BAKER:No.'Your,Honor,,, " THE COURT:Let IE have a fiv.e-minute ' " .1 • ,"..~J Robert Vulcar. CROSS EXAMINATION By MIL GOLDFARB:'.;. Q Mr.Vulcan,during your tes~imony.you indicated that there wa a period of time in 1!:109 which term",inated,I believe,about September"'09,when Margar.e:was not Hving with.your father, the decedent.;Ist that correct? " A Q A Y~s. And that was Yes. ,. .i ~,~~. a period of s.everat.mopths:.~,asn't.it?.;.. •f .t '."'t",.ti •!J'...,,~ ,~.'.",.."'I "~..../~.'~• ,..~ . I ;.,'•~·I,I.",~. Q A Q A Q A Q A Q A, And however,after her return '_n Septemter,19·09,and until th 'f 1'~'I tr death of your father,a.bout ~y.ear a:ld.~half later'in M~rch 6:r1~71, .t ..'~ Margaret did not live separate and cpart fro~you~father,did j he? No. Ther e w ere no other ~eparatiorl3,w 2re ttere,after that time? No separations,no. Now how was it you.fcund out th3.t ycur father was terminally il ? ,. Margaret informed m=down in ':he store,that he had cancer. And that was about'what month?I'm not t:r:ying to tie you down exactly. No,because it's pretty hard for me !to piripoint the'exact day. I'd say it was around '.he first p~rt of Jam:ary. ~: We're talking 1971,a:-e we not? Yes. Q .Did your father ever't211.yo\l he was terminally ill ? ., Robert Vu'lcan 57 ,. ;,.Yes. Actually,Margaret was the one whc kept you informed,in other And you would work downstairs ,at.tr.e auto shop,is tha t corre (t.?• Hqw are Hoot and James Just for'my own informati<n, .,' .Hoot's':irstrname is Victor. .THE COURT: ','!-..... "THE COURT: related? " is Hoot and Jimmy the same peraon? He had a drive~inth'eater.• '. Yes. ~.-' Super 71. I What drive -intheate:r:-was that'? Wher e did he work? And the apartment,so to speak.'or the part of the premises , •'1'•', •" . "l ~~, •'"."4"where your father and m9ther··Lye~;..9.pd ~~ri;.~~,~a.s t~e second ).. ","....j"\••" "•t ;',•""I,'.,-.I r f'...''''( I They are brothers".your Honor. No. Yes. ~/ home for sometime":.!'-.j. , 'Jimmy Castelli,Mar.~aret's br~ther who had lived in the .Now James Castelli,did,he wOEk? ,~ords. ~No. , i A 1Q .'ir; .AeQ, :!~<:-..I~•III.. UCo Z(. I-~. :0:Aiuoc:s I-L Itt- " !I'e c..,Q.~ "c, " J:l-I'-N A cB0::: l&II-Qa:; 0:a..1IJ. II:A..t- ",'II: :l0,u Q..I 0( U ii:All.o· e .Q A .~ floor."'J"'>;'""'i ""f ' A Yes..,Jt , :..,.. ~,I'._/j. ~.~;i;.•..~ ... ~./~....t.~ '!II .'\.,.'",.',"."'I'I II.' ",.,, ......•~i.'' ,RoberH Vulcan 58 Q There was easy access betweer:the first :loor and,se,cond floor. ,, wasn't there? A Yes.there was a sta~rway. Q And it was"also possible to tele:Jhon:=from.the shop to the ," Yes. ., ••T!'~."fJ-",~• I ; During the time :you w erethere , Margaret worked quite regular:1/at :he bU3iness over the years, and on,through to the end,Mar§aret.was ,working downstairs; l t .t t .I.t,~11;#~•,..I:" s he riot?.. business over the years.didn't she ~ ,. Furtthermor.ei:.while your father wae weakeni~g;'as'you said, ~..,.,... -As a matter of fact.Margaret worked qui:e 'regularly in'the' How was this? , and seeming not to,w,ork as much 'sta.rting in pecembe:r~-1970.' II...•l ~I :";, .I guess so.r don't know for sure. Yes. second floor apartme,nt.wasn~t ~t?"'.I •,I.- A Q, A A Q. Q Q A<z<>oJ>-UI ZZIIIQ, i0I-~Z X UI.<~ ..:u a:I-UI C oJ< U C :l.., :tl-I'-N uia:IIII-a: 0Q, IIIa: I-a: :l0U oJ<u ii:II. 0 A During the time I was tnere.she was dow n there quite regularl 1r • ,,Q Tha t was for a period of a good year and a half.approximately A Yes. Q .. So that nothing really prevented you cJhysically from having , conversations with your father.isn't that true? A You mean during the course,of,.the year? Robert Vulcan 59 ~.. "A Q Well,let's say up until the ti:n::;_o_':jP until March of 1971:,., Well,no.I could have talked a:1ytioe with hiin. ".Now,Mr.Vulcan,you look at the E ignatur e on th e Will of ~..j ~I ~A 0( ~,~QzZ1&I 0.,Az~., C)', ~Q:I ' UI0( ~ • February 10,197'l.y,;u said,~thirk,that .w,as not your,father'.'. " signature;.",,<, ;,°I did say that,,j j .. i Now you are not a han9writing E-xpe(t,are Y9u ? No. Well,what made y,ou say that"'Was it·that it looked like that I '..'i-' extra "e"? A .,My father never signed his nam~with a double "e!;'. .J,'. You we're in'the ,business;I aS3um,e :f0:';l were pretty well famiE r to with the su ppHemJ/the auto par:s,bus:.ness .. ...t I ..,..',.,. ,'.51 f. .; " .~.,"., Inc,.? ., You are acquainted with Union -'Jation3.l Bank. ~1 , •,I.;;Yes. No. You weren't acquainted with wt 0'the}were .. ,_..f -~,'::~••I I don't knowwh ether ,to take nu mbers or letters'. No. No . A few. He never did? Were you A A Q Q A A A Q Q Q Q ..:uii:I-UI Ce.J0( U C:J.., :ct-.".(\I ui0:1&I I-0: 0.0. 1&I.'0:. I-0::J0U .J0( U ii:lI-I 0 e ,0 Robert Vulcan 00 (Stenographer marks Exhibit n. Q Mr ..Vukan,I sh.ow you a chec:{daMdd Ap~il 8,1970,drawn on the AtitE>cSupply Company,{heck numb~r 0200,made out to . •,,'",~.",~~..It!.,....~'.'-'I ~j~~.,,jo •f ~,,.'•f '.'_.~J _J.,"t _~'_"_~I \All-Pak,Inc:,in the amount.o:",$2 3~80"':s thatf..your :f8;ther:-IS..:J,. ,~,f ~.fI' Yes. father's signature?" ....."~"... t'", •iQ "I..-~, in the amount of $299.90.And I ask you whether that is your ~As a matter of facti Margaret Eigned scn:e and Boo signed somle, AsI said before,it does nIt 1001-:like my father 's signature. (Stenographer marks Exhibit:2). I'd like the reporter to mark this aE Exhi:Jit 2 for identification It's possible. looks like a half of iaPI'l'.',A"curved up bEfc're he goes on to the Mr.Vulcan,I show yQu a chec:<dated October 31,1909,'made second half of his name.Isn't that 1=0ss lbLe? It could also be that that curve that looks 'like a second "c" I can't say whether'it is or not. It cou Id als 0 be a "p", It does look'like it has two CIS,doesn't i;;? signa ture ? ,Mr.Vulcan,,did,Margaret have power t:::>sign those checks? .out by Peters Township Auto Supply)o Union National Bank 0( z A0(>oJ>-III QzZIII0. i A0t-el .Z J:Q III0( ~ ..:u 0:, t-III 0, oJ0(Au 0 •:J.,Q:tl-I"-N ui0: III t-o:Q00.III,0: t-o: :J . 0'u oJ 1 <,~u i.:: II.I 0 e A Q A , Q is that correct?j :. Robert Vulcar::01i===::::====tt======~~~~====~=~~====" A Q Yes. Well,could you ,.,t j \ indicate to the ·Cou~·t anYirea~o~,.why some , ! •r..~,•.(.T'" ,..,;'",.•, J _.."• •j !..t ~":1:~..t 'r, othel.-,. J person would be sign ilg checks:on the ac(~ount except Robert,. A your deceased father,or Margaret ,) I don't know of anyone"~else. ...'\.. ,1 ., I i •'t A .Right. 0( z0(>'oJ>-UI ZZ1&1 0. i0,I-elZ :J:UI I ,0( :l: ..:u II:I-UI0 oJ~U 0:l.., ,J:..,~ !Ii0::1&1I-0:: 00.1&1II: I-'0:::l0U oJ0( uii:Ii. 0 Q A Q A Q, A Q Q A' ·...l~J r"t"J . You said you thought your father had gonE-to Florida'and you' . later found out that,he,had gone'to the Oe.veland Clinic.That WeS, you said,a little before Thanksgivlng,1~70.Is that right? Yes. ." I How was it you found out he hac gOrE to the tC'leveland Clinic and not to Florida? ,His wife informed me later tha:that's where he had been inste,d of Florida. Margaret was the one who told you,is thE.t correct? His wife,yes,. Your fa ther,Robert,did not te~l yO"]he had been'to the Clevelc nd Cli riic until after you had fou nd ou t :-.'rom ::vIargaret. Now as to your testimony as to what Mar§'aret told you about th~ fact that the three children,me3.ning yol.;l 3.nd your brother and .. -,..; your sister would be taken care of,:luring what period!of time can you define this for the Court,dt::!she tell you that? It was after she informed me th.3.t hE did have terminal cancer. , Roher~·t..Vulcan •62 Q ~I<And I think you s'aid in your own words ttat she told you this ~,j.on numerous occasIons. .So y<;>ur tes timony is essentially that she told you that soo~er • or later yo~three children would be taken 'care of.is that,corrE et?. \.. Isn't that what it.amounted to? ..-, f.'f.-'. I " f...",...1-: j,t I.~AI}r I,t •,,I.' ,';'\ .l"~t"f .'t " ...r ~'"i !,"t~.lI ,;'.f;"I f ','~to"""i/""Ji_....{,.t'.j .. ';. You must ha ve had a lot of conversati,ons about Wills and . Yes.on numerous occasions. Arid ,this happened many times? No.I wasn't informed on that. You had no idea of the Ir?-echanics.o!'it;di:}you? His share of the bus iness . No." I was share of the estate. Share of the estate'or the business? Right. His share? father as to how that share should c :>me,is\hat c'orrect, whether it would'come out of hi3 estate Jr not?• She had mentioned it many times dew n at the store that as far as you children go.your dad and I'ci1:cussed things and we .But she didn't tell you whether it was the ,decision,of your want yO]J children ,to have h is share. A , e 0(Qz~, ,.J, >-AIIIZ,ZUI,0.Qi 0I-tlZ I:, III0( ~ ,0 ..:u 0::AI-1Il,0e.J Q0( u 0 ::l A-;, :tI- "N Q iii0::UI 1-'0::' 00. UI 0:: I-0:::>0l)A.J0( l)" iL II. 0 e Q A ..Q ,A Q ., '. -----------..------------------..,.....-----.....,.-..,.....-----------~---"""I Robert Vulcan dying during that last six months... Doesn't it strike you as a bit;,'o2d,wb~~e her husband is termina ly MR.BAKER: A J have no further questions of this wHness.'> f •-~'\ ,. ,-..'..", .". t' \...' Yes.. ill,ups tairs,she '<;1 keepb;ringin~this up V\h ile you .~re working No,·1 can't say it would seem odd. Did,you ever ask "about it?." No"1 never asked about it. ,I ~... No.I didn't have the conversa:ion..:My dad's wife--- ,'"IHowcome'she'd.keep oring tha~,up ( at the business dIDw nstairs ? Ihave no furthe:,questions.,Does the ~ourt ;f •..•,l f '•,• have any questions of tJ;1is,.wltneE's?,.,..",:f,.:~.'J I'\JI,••,.! .....~\"jO '"ft "'..:....'}'~.!~..'~.:.4 ....; "" She kE;:pt bringing,thesubj~ct up.i • You were jus t ~ery :ql;li,et ab'out it arid you _1's tened to her talking to you about it,is ,that c1)rrect? ,, I don't i'mow what her reasOns ",ere. '.~. It was discussed many ti~es. r:u ~Q IIIo ~A ~c~Q J:I-,.. N ui~l- I 0:oDoLII~Q 0::loU .J <I;o ii:lI.o . ,A ,) Q .A "Q ,. ~'Az<.>-I:>-Qen·zzLIIDo i 0I-~Z J: Ul<.~..A· " "'-,!J •Mrs.Va1enti,~ill y::>u take the'stand?,\ -'"/..,",~:."'·....4·.''..t :' t!ft •.II ...•.~.~.~','~..1"~,r .~_J.t, THE COURT:, MR.BAKER: I'(0' No further quesi.,ions..'..",, '. ..1 .~t~,t"f f·t <'.~ "!f'•'I)..,,.1 ". .. I 0 Shirley V~l~nti SHIRLEY VALENTI IS CALLED AND ~\\:ORN': DIRECT EXAMINATION By MR.BAKER . +':~ /lt.' ~I'.'),i +i ,I, r' "04 .'. :.i Q What is'your full name?I . ,".~t f ,.' A Q A Q A A Shirl~y Jean Valenti. Where do yo~live,.Mrs.Val~cti? North Bay,,Ontario,Canada. How are you related to the decedent? He was my.father. THE COURT: that Bay ?~' 824 Bloom1 Street. ~~•r ,,, ,t.,-, I Do you have a numuer at Q A Mrs.Valenti~how long have )'OU livedup in North Bay? 11 years th'is March,last Marc "1.. Q .During that period of time,haj .you =ver had any opportunity to see or review any papers s~g~ed,by your father? A Q A Q Q A During the period of time- - - - That you have been up in,Nort"1.Bay. I have'seen several of his. Would yOU recogniz~your fath~r's s~gncHure?, I believe I would,sir. I show you the signature which.appears at the end of the \\:ill, ! •.f~ which was probated with the Regis tel"of Wills and ask'you if recognize"that as ,your father's Eignature'? .I don't believe that is my father s signat-Jre,no. , 'THE COURTL"_:J...::':Excuse me.Is that your ., . .., Q , 1 .' ~hirlpu '\'alpnti . Now w hen did you first qnd out that your father;:-- I •~~ ';',. ~-.t : to tell ,me that he was ter'minally ill'and :tha~she would call,me No,it's not 'my father's ~ignatlre. Margaret ~ad called me at wor:k "'during the daytime and told hin 't.'"" .' ~.v".} ."t~tl r ....// '.i.r ..'~f •I •'.·..r l'in going to 'ob'j ect,'tel;that ~, 'I. MR.GOLDFARB: Yes. that day. How.did your husband find out?, .'. So y~ur't:usban.c}-~~'-Sf~~hat is yo~li,r hus~and"s name'? . So Louis Valenti told you the.evening of February 10. •._,ii', ~_'1'io father's ,signature or Us it "lot your father's signature? . Louis Valenti. When did you first find,out"that your:father\yas·terminally ill} .j.f..~My hus9and told,me ~l\e eVen ing of'F,~bruary 10. "~.". the 'next morning after he had tcld me .. ~,f ~ •That he ha dreceived a ca:tl fi-orr:Ma?garet,Vulcan sometime 'auring •':/I!I j jII i f r'4,.... . • "t.....-.···,"4-t ..t'I.I rt '11, I 1!J I .."f?'•I ...j.,,..-t-I,•It .t....",f '",.,i'-t 1 r ~.\~..,:',~'..".,~\~~'~',".'\•.,~.~..'r \.."I<~'t,jl!l t '." A I Iyes .,,.,•... ...:!:!"~QIII C ~A !:!c~Q J:l-I'N A!Ii0:III'I-0:0 ,Q I •0.. III 0: I-0: :loU oJ<~o'ii:II.o A Q 0( z A0(>oJ>-III Qz ZIII0.. i A 0I-,C> Z XIII,',0( ~, • Q, 'I,A, Q A, "., .'.- t Now did yoU receive a call fr om :vrargar~t Vulcan? Yes,I did:sir. "When was th.a t ?.. On the morning of Fe,bruary,l1th. ." I-~--~lr----------"""--"""------------'-------'I , I Shirley_Valenti t _.~ 00 v;,..... Q'Wnat,did she tell you at that time?- ,, ." ,A.Well,we knew that,I had)\.new Il}Y~father'was,s'ick and we just,{ o " talked about my'father.'being iL,Andshe said that myfather'-- e, , I said Iwould come,right nome,ard she'said,we'1l"she didn't .'want everybody home at once.t:>'upset my father.She felt that ".".''4 " know"not to ups et him,t hat he would be s5ck,.you know,seei.n~ ,.....t ...~- '.it would be better if we a~l carr~e,s,eparately,and that way,you...~,'":. j I ,.•,..' ,0 ' '. " I i:,I f I ,(. \,f 'i'~' ". ," 0) p From what date 'to what date w=re yOU there?i1...or No.Lou didn't come down then, . I Was your husbap.d LOUIS there,? Wh~went with you?Wh.o sfayej ther,e \\"ith you?, \ \Vhile I was there,Elsie and J~mm-{was there.~....:'--.., I stayed with my ~father and ~y .stepmother~ Yes,she does . "' She also lives up in North Bay, Elsie is Margaret's,daughter,1 stay? E-lsie is whosetdaughter? .t,~ The Sunday was the 14th,and ve fl=w home the next Sunday,tile +':".1 to-'-... So that you flew hotnev:,ith1VIargaret"s daughter and where did 1Y0u "•~1J everybody ~here,he'd th_ipk he was dying,.,: ..-:'<~.1-'J'.r',:'fDidyougohomeshortly~after~:hat s '"••,~''. I .'~fl:.;,...,f -iI f ¥4"It "".,,~:'""/":,.~,'((t'I ~,,\',."......",•I '.',;"",j":,.,IYe.~,.I did.I f1~w home that.S~nday with my stepsister, " 0(•z 0(>~')- lI)zZ1&1 II. i0,l-I:)Qz I: lI).0( ~A ..:u Q."'ii: l-ll) ,0 ~~A0(u 0:>Q.., J:....... N A iiilI: 1&1 Q , l-ll: 0II.1&1 lI: l-ll::>0 Au ~ ~;uIT:Ql&.0 . A Q A Q A. r •-~- 21st. , Shirley Valer.ti 67 I=======tI====~=============::::::::=::::::::======*==l Q Now'during that period of time that you,were tJ;1ere,describe to us the physical appea,rance of your father '. A My father was up and about".He res:ed quite a bit on the chesterfield,but he ate meals with lS.He retired early. No. No,sir. Oh,yes,we discussed it. Did _you discuss it with MaEgaret? It's leading. ,l Objected to,as leading.MR.GOLDFAP.,B: THE COURT: or estates or anything of that sort dur'ing this week? Was there any discussion betw~en yc.u and 'Margaret relative Was there any discussion betwe:m you and your father relative 0 Wills During this period of time this''veek that you stayed with him, congenial and we chatted.: "Well)he had lost a lot ?f ~eigh:}but he seemed quite,"y'o~knoVi Did he sEieI~ldebilitatedor wane or depressed ip any,way? did you discuss with him at all his Liness? I will withdraw it.Describe as:bes:you can his appearanc e.,.' A Q A Q Q A Q Q Qe « z«>oJ,>UIZZIII Q, i0l-e>z J:UI«,~ ..:II 0::I-UIea oJ~,ua ;).., :I:l-I'N rtiIl::IIIl-ll::0Q, IIIa: l-ll:: ;) 0u oJ« 0 ii:II.0 e to-wills and estates during this 'Veek.? .. A Q Not-that week,no,sir . And were you informed at that Hme that he hadldrawn a new w 11, ,n of February 10? ~l.'v,O.L~. ..\ J if to , (r"f ,;'.'~~.."~ .'. o#r ,', l I"1."I ,.\ ,/~'" { L.---'-....!.L ----.:~_____'__~r__:~\.,~, " ,taboutit? ,, /·1.,, DB I' . !J .•".'Ii.,;'""Llt "-J:.1 ,. No., " ,",.,"~'.'('",\,"\ l It ~f "I I And during this week did you ,have a:i opp'5rturllty'to'taU<'t~~your ,~,\"r •.'"]1'.".•~c •:,.j ~,"l '\.r ...:'(:; "Shirl~y Valenli No,sir. •I Did either of the witnesses,Louis.e and ~aptiste,sayanyth.ing Did Margaret say anything to ""ou ai90ut it?.' 'So you were ·not aware ',. 'No. ,bid he say anyt~ing to you about it~' .father? , I Q "A Q A Q' c(, zc(>oJ>-AIIIZ Z 1&1II. i 'Q 0,I-elZ A:r III c( ~Q A Well,I was free to talk to him,yes, Q Now you s~y you,returned home the :ollowing Sunday,which wQ ld A Q I returned to North B~y,yes; During the week ~hat you were't.1.ere . did 'C,our faUier'go up to .the ,~leve1and Clinic toyou~knowledge? A No,not that week... Q He was there the entire time? A Yes. Q Well"when was the nexfcommu :lication'you had from p,ittsbur€h or:from Washington.fro,m your father's home?.., A • From my fa ther 's home;not-my c ont3.ct w~th Pittsburgh.I cam~ ap"ain on March 2nd it ·was a Tu~sda;r. Q Shirlev Valenti ¥/as that as a result of the tel=pho1.e call that you had made or a telephone call made to you?.. A'I made the tele {ilone call to TLlie,arid 1 was inquiring abou t m father,and she said;',Shltr;l~y"your :ather is wiry sick." .'',. THE COURT: I'm sorry.Tillie is Hoot's w lie. Who .is Tillie? Q A And when did you make this telephone call to 'Tillie? Well,it was between the 21st ''''\Len I flew home and the time we arrived·home.By 'home I P-ieant Pittsburgh,t he time we arrived back on March 2nd. How 'close was it to March 2nd? I would say it was more close to the second than it was :0 the 2 st. And,why did you call Tille rath~r than Margaret? Well,'I didn't call Margaret at the bustness.I didn't call at hon 'e.., because I didn't want my dad to know that I was upset arid they ad talked about going on hOlid,ays,AcaJulco.And I said if they ".'.went,Lou and I would meet them oLi there.And I told Tillie \ the kind of the a'rrangemept ,,:,h~n I jeft,thaLI would can Tillie , and I sa'id,,",,'THlie,I will ca~lyou to fi~d out 'how dad is,and ."then we'll know one'way or another -",hat happens. ". So you called Tillie and ~s"a\re3ult ::>f yourF~111 from yqur .; ;'!J~'~~~ •,f f, conversation with her,what :did'you 'db,?;/.,,''\.,,..,,,~;.I •','~"!'It'\,j /..~t ~,~-,£<.,"f'-...a;~r ';'..:'" "'.'....•'".'of'..'\"[,;t ~.• 'From the result of my conversation with T,illie,my husband ad:I " ,- f .J,toq ,t!o If.it ~~".....; _}I Shirley Valenti 70 I made arrangements to come nom ~immediately. Q And approximately when didycu co:ne back to your parents'pic ce? • A Q A March 2nd. Now when you got hack there,'lVhere was your father? When I got there my father was in the hospital. From whom did you find out that yO.Jr father was in the hospita ? My stepmother had just come b3.ck irom ta~ing him in. MR.GOLDFAEB: Hospital in Pittsburgh. . ?In .. you can lead her on;Montdiore Was it the hos pital he ultimately die<.What hospital was tha t? ~Q <>.J~AzZIol Q.Q zo.... ~"zxVI<~ No.I said we'll go right in to see dc.d,to my stepmo.ther . And she said,"No."She said,"your father doesn't want ,,.".',. ~. ~,, ..""or " "Margaret',you and I are going ~o gc in."She was 'Working downstairs.And I said,"You aLd I are g?ing\to-g'o see dad.~I, And she said."No.don't go now'."S:le said,'"Your father .;'" I ",.I .."said he'd let you kno~(w~~'nr.e';'Tants you,to go ~.r;..• ~l.'.~.I t.~.~,.l.r ..'_~,r'l Well,did you see him that day?.' W'ell,we got up in the morning and I said to Margaret,I said, Did yougoup to see your father that e:vening? to see an ybody right l).ow.He's ;;ery v~ry s\ck.Shirley.II she sid, ",And he said he would call you v;hen he wants to see you." ,Well,did you see your'father the ne:{t day? ..:u lr Q...In C .J A~u o :l., :t.."N Q !Iia:: Iol...a::'oQ. Iol~Qa:: :lou.A .J«. uii:Il.o A Q' We went in that evening with my stepmotli~'r·.ryes: t .,.....~"~,~.......,Jo~.••~I SO yOU went in that evening,with :;our ste;dlO{h~~.How'~;Vas yo Jr 4 It ":._,';$',Or ,'~'II I.'.~ •".~,,~~-....,f ., ,/ .father that'evenirig? ,My fa'ther w~s very ill. Valent_ ,. " Now did he reC;,ognize you? Yes ' And did he ., you ?, -L. .Yes.He was very 'pl~~sed to s'ee m.e. Was ther~anythi,ng of any md.rr:ent clisc'~s~e?.~hen and;t~er~'about •,~•~11 ~J {~j j _,J ,.'.....>~.:,- a will 0-;'anything of'that sort.?... No.' ,' ,bid he say'anythi~gabout he ,~ould ;;ake care of,You or 2nything of that sort? No,sir." ." ,;A A Nothing of that was discussed .• htl the time·before you saw hin that day.·_n any of your· .~'.. conve;'sations with Marga'ref,Vii as ,here c.ny of that discus seq,...'.' " at:J.ything h~~ing,to do with,the wil~o~es:ate? That particular day,,no;sir. Now you sa~'.him·that'eve~ing.Thenwa3 Lou with you,your..,, ,,' husband? Yes. And then you returned to your fc.ther's h·)ne. •, I • ,jr .~,.: Yes. " ---------c..------------------------------......,..-------::----~ Shirley Valenti 72 Q Now the next morning,was there any cor:vers'ation between you and Mrs.Margaret Vulcan rel~tive t~a.\O'ill ?,' A Yes. Q And when did that occur-? Well,Margaret knocked o.n my door where we were sleeping-- Pitts burgh or at your father's h orne on March 2,is that correc ? .'. I ,'.You saw him on March 3rd. f , ;...,i'+~) having coffee,'and she showed m'2 thi3 wilhI..;I;'~ Yes. March 4th. Now tell us ,what happened then. Yes,sir. That's right. And then on that da'te you did nc t see him. \ My stepmoth'er woke me up.-She knocked c.n the door and she Se id The evening ?f March '3rd. And now we are t~lking about the mo~ning,of the f6llow~ng day, What will?' '.she wanted to see me.So we went in the kitchen and we we re ,Let's try to pinpoint this day.,~ou said that you arrived back in Q A A A A A Q Q Q A Q Q e «z«>oJ>-,VI Z Z\&III. i0I-el Z :x:VI«~ ~U II:I-l/lec oJ '( U C :l.., :tI-r-III ui0: \&II-0:0II. \&I 0: I-0: :l0U oJ« u ii:... 0 Well,she showed me the,;will of :ny f:3.ther'•..~A Q Was it an original will or'was it a copy:? ,,,.',...~;.1.-•.. ,t,I "'.\.,.r. "f A It was heavy paper,so it wasn't a cor:y'"",'",', o t "\' Q And'was it'the will that.is probated hEre 'that I showed you,? I',r. Shirley ValEnti 73 And so.it purportt:;d to be a wilt ·)f I,Robe:e-t Vuk,an,is that And who was named as testator in it?Wh::>.~as.the ~rson that ''''('I ""i,,,''1)/.\t " "L " .','., 'f,,, " , , " , ,) !•• •if t •.,'I.'( /.. ....."'"'~j ", ,,. \. .. Yes,sir;.Margarelhad signed '.t.• But did you read it? Yes,I read it. ,. I,.Robert Vulcan,it said', But it was not signed.by Robert ~Julcc..n,• It was signed by whom ? It was signed by my stepmother,Mar.~~ret, " , Was it witnessed in any way?Vv as thEre anybody's name on it Margaret's signature ?Qh,yes,,. No;sir. Yes, .., says"this is my will? No,:sir, correct ? NQ,sir, Was it signed by anyo~e? Was,it the will that Mr.~erp.an had \ri.hiE offic e? \.,~,/ J ","n:'t ..l'~.f 1 ,.':~;110.•1/,11 ."}II-4 •oJ ,[J to I"'i'~ .,~".." " \••'"•f..I t'I','j'...'\-."~'~~..'."".Y.,",~....1?~tJ.....J.. 'Vias it a will tha t was ,signed by your fath2.r.?.,.,.~. •,I'J-.l Nq..,sir; ,.A nd y~u rec ognized her s igna'ture. '.as a witness?. "..c'" j ,. • ,A " Q .A Q•A ;:5 Qz 0(.>.J ,,~AzZIII D. i Q0.I-C)z AJ: III0(·~Q t-=uii:I-III•C' .J A0( u.c:>..,Q,:I: I-,... N ui0:III~.A 0ll. ,Ill II: ~:'Q :> 0,U .J A« uii:Q11.0,. e .A Q I A Q , ,.;. '. 1L-----lL-~_~__.:..:._.__~.._ • •to say for sure,sir.." Q Can you recaU at the present time t:le distributive provisions '0( z 0(>,..I ~AzZIII II. zoI-~Z :J:1Il<,.,~ of the w ill ? '. Ye~HIt said,"I,Rob2rt Vulcar:,on my d~ath,bequeath eVE;rytt'ng,", '\ something to this effEct,"~Bequ~atheverything tr.0.'.lffiywife',"Mar~aret,\.'~. and upon her death,ene-half of my ~state goes to,my da'.lghter, Shirley Valenti,and one-half of Margaret's estate,t he other ha lf, Yes.I was upset beccuse he hatrl len my trothers out.And I ,Margaret's estate wO.lld go toh~r dc..ughte'r,Elsie.·" ... Did you make any comment about the pro,visiops'containgd ~n id?"~. •~.;'",g •.t ...~ .-...!~-...... ., going " •I "'"••~ Ilr,;-t r '\.1, r ,""#~'-..0!1 " And did you read the ",ill then?' I had read it thopoughly,yes. Ibetween you and her?' What was the conversation? father never having a will before,imagine Ithe day before,I, .••t .....I ~,...,.-J-;_.;.J Ij~.'"~~ into the hos pital,ha:y:.~gfto_~¥:~·p~t~.~w,ilL:~'.J~·I.~~'.'.J:·l.j~.• 'Well,she s,ays to me~"Imagine,Shirley:"she'said,"Your . Now was there any G~ve~sation.the:-l whe:1 she showed this to Jl u ,Yes. ..=u II:l- I IIIe0, ..I Q0( ~ 0 :>'.., :tI-r-,.N .A ui11:' III "I-QII: 0II.III II: I-AII::> 0u ..I 0( u ii: II.0 e Q A Q A , as ked her,I'Margaret,"I said,"vvty did my fa ther leave out, Bob and 'Bill?"A~d she ~·a.ys'~'I'll ca~l't say ;cinythi~g now,"s,he \ : """~.'J •of ••t ...."t.;}"f ..;..r .J ':.i "~ays,"It will all comi'ou't lat~~.:";·~h'~'s~id~"B~Lyd~r'f~{her.-h A A ai,n: 1&1~QoIL 1&1n: r-n::J"O. o A oJ ,<C.,o~Q•0 " .,'Ii"~,~>~ " " •tYes. She put it back in the cupb~ard.. . Did you disc'uss this will with anyone ~lse? .Now at that time,when y<;m first read it,wha t did she do with i .? -, Well,I discussed it---w~ll,she put it away and,I woke up my What·did she.do with it ? Were Bap and Louise's signatur~s"or.this will ? Now did she say anything a~out ,g-e.tthg the'will witnessed? Oh,yes.- ", tosign." At that tiJ;ne,no. Now what did she do with the wil~?' At that time? -, Sh'e did;She says,"I gave this ~ill·i.O Hoot for Bap and Louise very very much and this is t\1.e w,ay i1e w~;~~s',it~" ',.,r • his reasons.'He 'lov,ed the thre~of you v~!,y yery much,"she ...~,j,I j i ,"/.\.•.~,j.-.,~..._~ "B "t,.:d'I " •I'said.'ut he changed his mind,and'sl1e',sal ,J He ..lo~~s y01J '. •A Q A A Q Q Q ...e " 0:( z " 0:(>oJ>-.l/lZ Z,1&1,II. i0r-,~Z :J:l/l0:( ~ ..=uitr-l/leCi oJ 0:( U C:J., :tl-I'(II husband,Lou]I was really;upse,t,and I showed Lou the will," ., what she s rowed me. Where did you get it·to'show it to bim? ,'j'." A !. Well,she put it away and sh~said,there it'is,for me to show ~, ." Shirlev Valenti 7f) Lou -when he got up. •, Q Did she leave it with you it:!you:,room?Is that what you:are,sa)ng?... A'No.but she showed me where Ehe,(AJt it,arid,when Lou gets up.,you ~..' ,I ·show him this and that's what I did.And she came back upstair~..,, •A 1 Q " A Q , A Q " ,'/i ,., -. -,I;~.t' ~.t t f'1, , 'r '..~ But as a result of his l ",~,• J ~,,'e,..•.'i...~..' TH~COYRT: Yes~ And you'presumed it was Sam Goldm.an.' WelL she got up.she says."IIlil..prc·ve it to~you."You don't And did she have a conversation with him? Yes. No. She called a lawyer? She says,!'I'll prove it to you,"and Now he will be here and he will testify. conversation with her.wnat did she do then?' w,ant me to say what she said;." .t1"., did he say anything to her abo ~t Did you s how it to Lou? s he got up and called Sam'. ; t ~,t l Sam who?,1'~ "I ~!,.l''I ..r1 ,ji",.<1;.'~f J #.4..,'•t ...-• Well,I'assume it was Mr.Goldman,'the lawyer.•f',:.,-r ;,(\-'~~",--.l' ;'.,.•~I ....~,•'l ..~~1 .,• ,~h.yes.She called a lawyer: " A A A Q Q Q Q A A Q' , 0( z0(.>.J>-I/)zZIII0. i0I-elZ J:I/).; r:u Itl-I/) i5 .J 0( U 0:J., :r.. "(II uill:IIIl-ll:00.IIIIt I-It :J0U .J0( uii:u.0 e- mine."i--'.Li'~;Su'tJ "she says,''It ~ill read exactly like your - J"J'\~ And after she had a conversaticn w ithSap:1;~wha t did a,he say?•..~t .~r ••,.'t ,~-~..,.J,.~'",:".1 II .I,,.'ht',She hung up the p?-one and she says,You r:~:,r-lg.;'tnis:is , y'our father's wPL"She said"''I've go~to'gq .in"\.tomof'r.o~vl~a.nd p~epare ~~'.~, 77 ¥."l ,'",;,/";~f ~ "!I,('~f"lt~~e-;~J: ....ll:.- Shirley Valenti ,:,.....~jl j .·Yes. - I -A . Q , A, ,e j' " Yes. Who is Elsie ?,.'~ ,-, ,What is her last name? . I think it would be better hpre ., ~-f THE COURT: THE COURT: of .everybody here.- many p,eople i~volv~d here,"if we are going to keep tral--k ,"...f if we wo'uld use first a'nd laE t names.There ar.e so Butti. After that day., On that particular de;ty?. Now did you have a~y'further cOfiversationwith Margaret Vulcan J • • Did you have any further convers~ationwith her at ,all after that After the will?" '. concer~ing this .will ? Yes. When was that'? Elsie is Margaret's daughter,my s~epmother'.s daughter. No,I don't think so;not that I ca:l rerrtember,sir. ".;father's,to protect Elsie in case I cie before your father.", " « z«>'oJ>CIlZ Z1&1II.Ai 0I-elZ .:1: CIl«~A ..:~ lI:I-CIleCi oJ« u 0 ::l.., :I:I-r-(II iii.lI:1&1I-Q.lI:0II..,1&1 lI: l-ll: ::l0u AoJ,<I .uiL QlI..0 e A Q , I A •Q .A Q .'. -----11-------------,........,...-----:-.----,------,...,....-------.......--- Shir~e y Valent:',78 -' A We stayed there until my father diecl. Q p'm asking you,did y:)u talk to Margaret Vulcan about this will '. which she had s'hown you on Ma:"ch~,after March 4,did you ever talk to her about it again? A '.Oh,no. Who informed yoU 7 "that was the will that _Lad been p-obated 7 When did you find out that the par.ticu lar document which has ,, ",-'.•.·l.,4•.'!(/",'1 I•, " .: 'k And what did you"do when he tolC you? Yes,he told me.., Robert"Vulcan. , When yOU talk about your,brothe.:',W:1.0 is that 7 I had called my brothEr:. that Margaret had showed to,me,and he s~id~."~~~l""e;y".~Toutlre .>.)"',i 'H 'J 1 '0.'. ..,J 1."f mistaken.II He said;'Your narre isnIt even,on it.II And ][said And from him,did yot: It was a few weeks after mJl'fatter's death. ,been probated was actually pro1?ated 7.When did you learn that • r ,Well,I was 'very surprised,and I told him then.'about,the will, ..•~".,I ','-:_#::..i..t"",.f 'I 0( ~Q>..J>-III Z ZIII 0., ioI-o·zi A III0(~Q ~u ~A c ..J~Q c:l~A l-I'N ui Q a:III~Ao0. IIIa: ~Q :lo~A0( U ii:l&.o •"'.'.I can't believe that.II 50 he sayE,"If you do'n't believe me,ca 1 Mr.Zeman~II at which time I did.' Did you call Mr.Zeman 7 A Yes. -. "1 79 •r told him about ztthe will thatl\t:argc..ret showed'm~,and he said... ,..1".'t ' ';I I ,f ,,""" Yes.He said my na'me or Elsie1s w2.sn't -mentioned at all. •"-:\;'~_t)j+...",I'.-:~~ . '..-'.,f t'.J,(t~.(.:1 ..~, This was about three or,four weeks ~~'ter'your fa'th'&r's 'death. that,I was mistaken,thc:t that ~as defini'tel:y not,(t?-e will that,wa1 •~..f/• d d I~,~.....recor e .",.,.';I ,<''-."~.,.I I..;~~l.:II ol I .,...."',,,,"7 ~r(t ~..?]-<..,'.// •",.1 I ~_,!"I•,.pr'.,»~I •~•It.'J ~,'\~~""i I,. But he di<:i tell yOU what will was recorded.,'. Yes.t. "n \".• '.•.,Jl 1>-,'~'.f, 0.."I:_,.\..~.•,~l _or "....f I, ,. ", ."~ ,.'.. about this?", ..., Yes,r did."....., ;Did he tell you at that time wh,othe witnesses were? Yes,he did. ,.- Who did he tell you wh'o the w itn2sse3 were? He told me the witnesses·were'Bap and Louise ,Mazza. Robert.My brother Robert was being m~rr,ied on August 21st. 'i , My brother was being 'n?-a!'riedoil August 21st'. .> ,J " A nd when did,that cSlnversation take.place,? , Did you have occasion at ;:s,wme time"after that to ,talk to Louise f Of what year?The same year YOl0r felher'died?" ",. By br.~ther,who is th~t? A Q A q Q Q zCI-~Z 1:u: oE~ ....=U· it1-.UI 0 .J« U0 :J., J:l-t-(II ui0:IIII-0:0D- III "0: ':I-0::J0U .J« u ii:.lI. 0 . '. ·e Yes,the same year my father died~And'r stewed all summer about it,because I felt that somEthing was wrong,and r couldn t , quite pinpoint it,,and I kept sayir..g to my husband,"Lou,I saiC ---" Q A 'At a nickle a word,'let's get to the Yes."" .. 'I , ! '.. , :'\I •'.....,-.••:t 'II~..#~,"r'...I.,.f,..I (";f'•~.,'.\l "Ro''> THE COURT: t'~'-.,;,:j,~\;*"Lou11S~who?- the home? Was she home? I went directly to the home. How did you contact her,by telephone or c id you go directly to .- .'- ,. Yes. The year my fat her died. Of what year? August. Can you pinpoint;the month? Louise Mazza,who-is a witnesE on :his will. Louise Mazza. When was that? ,wh2n " ,Attabout two weeks priQr to,hny brother'Robert was married. '71.-. .",..Yes •... ,-.uiII:III~~oC.IIIII: l-ll: :loo A oJ<o .~Qo A Q 0(Az 0(>oJ>QVIzZIII C.A'i.0l-elZ Q'..:ten .0( ~A .,: U II:QI-!!! 0 oJ A0( ~0:l Q""t J:I-"N ,A A Yes. Q What conversation did you 'ha ve \Nith her? A Regarding the will ? Q Right. A I said to her,:'Louis~,Margaret "told me th:at she gave Hoot dac IS , mill for vou and Ban to shirl."A~d she said."That's right." ShirleyValedi' ---------~rr____-------c---,---_____:_---------:--------------.,.--------...------.,.- 81 1 And I said,"In other words;ycu did not see myfath~r sign his name:"Ands he 'said,"That's right.'I I °d IlL:.,sal,oUlse,are, you absolutely sure?"And she saic,"tVhy would I lie to you,; Shirley?"She said,"I like bob,your dad and Margaret.I '. have no reason to lie."So I took od the will. ~Q<>oJ~AzZ1&III. iol-e>z :I:III<:t ,Which will ? The one'that was recorded.And I 'said,"Is this the will that J: you witnessed?"And she sa'id~"w?only signed 'the one."She said,:'That's the one;an~your fatter's name was already on i ." It wasn't the original.It was a photostatic copy. •,••\.I',f ,,}f .,{t',' Did you discuss with her "as'to when Hoot ha'p 'g,iv~n-:her this ",~ I ", "•,;,.,r.,t,. "1\.l.i ",.'\'..,l''t-f.I "."",., y .j ......J 't,~'....,..I dig you·happen to have tb'e )riginaLwill there? ...:!:!Il:I-!!!c oJ< U Ac :l.., ~Qr-.N THE COURT:'Excuse me,please .How" I~". ,will to sign? '~r:lb·I •~,Ill,\'1 No,not at that time.She says,.IIShir~ey,.~o ':yot,l,;,:,~nt~me to te 4 I ,.,1'..".." I •"f.:i-t j I~-~.:t "f I~; anybody that you ar e here'"A:1:d I 'Vas kirid or-up'set;'so 'I s'aid ",.t'>-.•...•'\-l il'~ '••~~l~''t.t ."Looi"Louise.if you don't miLd,donit tel1.anybody I'm here: I'll call you in the morning and l~t x::>u know if I want you,to tel, ,, anybody."And that was the end'of tt.e conversation. Did you talk to her the next morriing? " 0 Yes.I called her the next morning. And did you have any conversation V'ith her,the.;D:.e:x.t morning about the will ? 82 I .1'.• ,." Shirley Valent 0 ----------..---------------~-=----------------,....,....---------.......---"""'I 1 A I J ~....,•1 ...• •It.r'\'I • ','•~:~1;"'Yes.I said,"Louise," I said."Did you'tell anybody that'I " .) was in town?"Andshe says,'I':had to te=l Bap'.", I'. ,. " ", ".. Elsie'who? But it was given out that your :ather was §<;>ing ~to :Florida whet; In January.I'm not sure.It .\Pas in~anuarywhen he went to th~, t~, But when was ·it that he went,E..w.,ay whet;it was ,given out that bE No. Cleveland Clinic.I'm not real sure "Vhen he went there. All right.Now had your father,in'-fact,g::me to Florida? " went to Florida." '. She says,I'As a rnatter of fact,'ShU'ley,11 was .befor~your dad '. El~ie Butti,~iine h~ine'."A:lc.she'said,"It was wa)~b'efore'trat." Yes.And she says,."~Shirley Bap says to me,Louise,you're Bap,Mazza,her,husband. said,"Louise"do yOU re:merr:b~r w:1.ethe1"it.was before or afb2' all wet.Bob was there."'So I :{ind of questioned that 'and so I , Who is Bap? ,was going.to Florida? .Also·a witness to this will. " Q. e.'A Q ,0(.,z A0(>oJ>-UlZZ1&1.Do i0I-CJ Z XUl-0(~ ..t-=Q (J,a:I-AUl•.0 oJ ., ::~"0 . :l., !,:t . l-I'l'l ui .Qa:1&1I-a:'~A 1&1a:.I-Qa: :l0U oJ.0( (J 'ii:'l/.A0-e Q . he went to the Cleveland Clinic,is tfu,at correct? ." A'Yes. Q Now what was her statement? ;:,ne,SalQ H was way uerore ~[jCl.~UIle,::sue dClLU.tlo a.,Hla.I.L<::l,VJ. ,.. ~..,,"i ..", Shirley Valent~83 face,she said,"Your brother 3~bbY'was there."Or no,she said,"One of your br~thers waa there.".And I said,'IWhich onE ?" " And then I said,"Oh,it must have been Bobby because Bill is away at school.'.i'She said""Yes,that's who it wa,s,Bobby wa:: there.II will?' to this will ? 'Well,to Margaret's will---.,.no,no.•.'\. Sb:ihl~.Imagine the day before g·)ing into the hospital,having, No.She said,"Imagine your father never :1ad a will before, ""~l~~/- Did she say anyt!J.ing toyp'u ,~bou!wit~~ssir:g ,a:~y.,o~hfr.'p<:tper~.7 ..r(.'",.:1:'III •.1.#"J;."'"}""'"}i t..,.:''..J ,-"-',1'..' if"..r ~lj.o f ...•4 No.She said,"We just signed the or:e.". I don't recall if I asked you this or nJt:W:1en'you returned on' ;r 01.'\.,.'~.,...",.• II:l.:,'/I}•I .',•'..\,I .I ,.. March 2nd"you have des,cribed :he cdnversati6~you had'with' . .t.(J,t 1 ;; Mar:gar.et relC}tiv.e to a will she Enowed )rot::'~~"March 4th.:"~' a will in February? .D}d s he at any time ever tell yOt::that your .father:had exe:2'uted Did you have any conversation 'A..itb her with respect to any •Well,she just said---not with respect to :hat will,no. And did you have any further cOdver3atior:with her with respecl A A' Q A Q A Q Q ~z0(>·oJ>IIIz·Z\&IDo i0I- elZ J:III0(:= ..:u II::I-III C oJ0( ~ C :::l.., :t..,... N !Ii0: \&II-0:0Do\&I II: I-0::>·0u oJ0( u ii:II.0 .e . i to make up a will." Q And when did he go into the hospital?". A Well,·I arrived March 2nd,arid I ass.Jmed---she'sai9 she had -------"--------------------------------'------ Shirley Valen,ti "f~ IA"l,~.,..84 just taken daddy to the hospital then. ,- So that if he went in on March ~nd,she was :referring to a will " 'that had been drawn on March Ist,:s that correct? Yes.sir. You may'cross examine.,~ CROSS EXAMINATION 13Y,;MR.GOLDFARB:, ioI-C!lZ XUI<~Q Mrs.Valenti,have yo u ever ta:<;,en 'c..cours e in handwru:!ng What I'm trying to get'at.how lcng was it your father was father tha't he may h'ave sent youwhLeyou were in Canada? Do you have any copies of lettera or documents signed ~y your '.' ,.'. you have been married for how long? Eleven year's: None that J kept,'no. "How many times during th ose11 yearE ,'have you looked at your, Over 20]ears. 1marriedtoMargaret?How man:;years? How long ,have you lived in Canada? expertise? 11 year~. ,No.I haven't,sir. iii .1I:III I-Q'lI: 00.III1I: l-ll: :l 0u A-I< u ii:QLl. 0 , " A Q'. A Q .:u .1I:l-UIo' ~'A ~o~Q :t..r-. N A t... IP.'-'--'.:..-_-tt-~fr,~a.ut-h..!.l'''''....,l''~'R;l......e..!RiJi,lan!.,Sa!o.!:t~uL!.'r;..se::...?:....--':~L,esr!;..·~vo~f~t~e:.!;n.:,.?.:...~.:...-,----+--'--...:.-:......'~(--:-.+---I ~hirlev:Valen:i A Not that often. Q As a matter of fact,what I am drivimg at,Mrs.Valenti,is that,. • when'you answered-the JUdge'q question,you answered rather ~.',.,'. definitively.You said,'iThat's not :nyfa-:her's signature,"rathE r than saying,"I'm not certain wrether it's my father's signature A "r or not."How doyou mean to answer tha t ~u~stion? i ,..'.!, ,......,t . •t"4o.'...'",., .-. ,~.,,•.\\,. 'j.I t'·"'l ,,~.I • J f"~"'• •./I I I.t 1 , because of the way''t I'-m goirrg to show you a cou'ple of exhbits,Because of the two CIS. f Because of the.signature and th~il.ast I?-ame: the will,the copy of the will. did you answer so definiti;ve~y?'J~,~,' f.,t" •.I ,,-"...' ;i"I"'.'.,.;;.".:'1 .-'~~r'_~ I don't fee 1it was my father's signatl.:re..-". Why are you so certain? . be your father's signatur,e on those tw,),ane doesn't it look like exhibits one and'two,and I want you to look at what purports to he came up and he hooked the first C,that r:e came up and hook=-d was written. I meant to answer it,it's absolute~ynot my father's,when I go -I'm asking you what was shown t::>you by your attorney,."why,., It •"',,.. ..:(J ~A Ul c ~Q (J C:J.., :tI-"N iiill:III~QoII. III ll: l-ll: :Jo'(J oJ< (J iLll.o 0( z 0(>oJ ~Az ZIIIII. ioI-~Q' X Ul0( ~ it,.or that it could be the.left side of Ute letter "A"and r,everse:l back on the same side? A It's possible. Q And if somebody ha d showed you thes e ,two ·c;-Jecks,you'd 'proba Ply, say,"That's not my fat~er's signa~yre,"is that right? A Yes, .' " Shirley Vclent: 80 THE COURT:I think the record should show it's n'ot establish-=d that those signatures are Mr. Vulcan's signatures. MR.GOLDFARB:I recognize that.Until my case gets in"I have to cross examine this witness. a n the Court or not.Bu:I w.11 decide that later, the witness with the a'ssumrtion that those two checks In ordel~tOt'Sho:jben this thing,are we going to have Now among at her questions I have to ask you.is whether or not :---Ia,Y~ur Honor . (think you'l re cross exami ~ing '-May I ask another qu es tior ? MR.·GOLDFARB: THE COURT: /<. THE COURT: there are signed or:have been signed by the decedent,,..' f t.t f ,~I~,.'<i!"'.. "(f'.~......and that hasn't been established.yet:'I.think1,the recor ~~' '.;'.v ••,''J '.'.""#~'f ~,."-.1.~.""t'" VULC,I don't know whether.to dump-a hundred checks I' handwriting experts 'in t:1is cas e? should show that.'I see there are a lot of other checks .i .?';_.".I over there.Are you gO·.ng to ~nt!'oduce trYos e.lcp~~ks ? ......{.t....4 :t ~1 MR.GOLDFAR B:.There are so many variati Dns"i ...'I I"'".,.I.I ..~r/'•~...~~(f ~ on his sign~tllre.on.checks,after he gets past that firs 0( z 0(>.I>-IIIZZ 1&10. i0I-Cl Z :t:III<~ "..:0 lI:I-III C .I'0( 0 C :l., J:...~/ uilI:1&1 , l-ll:00..1&1lI: l-ll: :l 00 .J 0( 0ii:lI.0 ./ . " Q you have ever taken courses or s:udied memory.or memQry ree all ". courses of this nature. A No,sir,I never aid..1. ,.~.. " ,~ " ,, ~hi1"lp~~V::llpnti ".., ,, R7 Q ,I am.interested Oecause in your rerr_embrance of various.. conversations between you and =vrar§aret ~lulcah and you and La ~ise, Mazza,you seem to do a'lot of quoting of precise words on the second of July,f973,concerni?5'matters which't?ol~place prio 'to y~:)lj'r father's .death,.and ,I wOLder how it is you 'can recall ,these conversations on a word bv wor;d'basis.,- I lOMy know itis the truth.That's,a)l I can tell you ... ". I'm not challenging the'truth,i'm interes ted in how you quote alLthese matters like I said to her aLd she,said to me,acd she r~......"1 • said,oh,no,I don't mean that,1 me2n so and so . ..:t.~0:A',I-UI "0,'..J Q.« u /, 0:>A.,. :t -, I-".(II • Q " How you can reo-bunt it. Is that right?' Ys>U're asking me how I know it,h:ow =remember? ,.'- Yep . In your pres et;lce? , I do'n't know how I remember'-but I rememb~r. . diningroom cupboard while you wEre.staying in the apartment. .She left it there for you to look at,_right ? She put it back.She put·it'back inth~.'cJpbo~::'d. '., ,Well,:you remember Mar:garet lec.ving that ",ill,in the kitchen or-,, A Q A Q l .. .ui0:IIIII-0:0D-III II: I-0::> "0 U .J« uii:lI.0 ~.. A Yes.She stuck it up---it1sa coat c'upbo2.rd., --',,'j, Q Did she lock the cupboard? A No, She didn't /.-f i I'.,'\'.,'}'../-..,II ~#'~,..'I:I ••~"1 1.1''."-..."I~~,"'~Itr~"."I -.II .1 -,.,~.!o ~I t ....'~l.,r ,"',,''"'.~~,~...•I ~~'!<.'~make anv effort to Dr'event VOL'from s eeinl2'that'will?' ".., t',... ,., .Shirley Valenti No.As a rnatter of fact,she tcld rr-e to show it to Lou. It was signed by Margaret Vulcan,VJasn't it? Yes. A nd it was fascinating,it startEd ou:by saying,"I,Robert Vulcan.11 Yes,it was. 88 . . I ~l""'II "'t ' And it left half to you arid half\0,Els i,e ~utt.i'l'\s,that c,?rrect? 1 .01;..J .:-~r"",~,,,,"~~~.~.I•_ ,..t.I ~.t",'"J '"t .._t :1.r t It left ----at the time ofmy'father'E death,it:left.e'ver'ything 1':~I to Margaret and after her demise, half to me and her hp.lf to her.'.' A Q .'~....,...>.'r"··f. After Margaret went upstah-s and left th~t·Yi.il+in th'e..cup:bqard, .' did you make any notes,or anytting on,'a piece,of paper as to wtfitJ. it said or are yOU just recalling out of your own memory? I remember. Well,I say you are recalling ot:t of your memory. yes. Did your husband make any notEs as to the exac.t wording of that ..will? No. As a matter of fact,did you eve:-seE-a wEl signed by your , father before he died? N,'o,'sir. Now ,there"s been a number of wills t3.lk.ed about here;ther' ~---~------c---;-------.r------------.,.---------.,.------------------------ '•.,Shirley Valent:88 "". , will of '69;the will of.'71 that v'as r:robated;this will that had .1 Robert's name at the top and was si?;ned by Mar.garet. .Concerning this conv.ersation'you had with Louise Mazza about wills and signing V\;'ills,is it pcs'sip~~,frankly,that you andf, she cQuldhaveJ;1.ad some confus·.on·or mis,unders~andingabout ~f! to Mr.Goldman. Baker,but not after',that. I had talked to her ahout her will---well,just what I told Mr, No.We talked about my father'E wiL. ~, ever talk to herabout'hEr'wiU after your father died,?·· 1 t·"'- ,'"I .,,~•~(,li •t 1If.~ ,lI'f 1'''.~'.'~I i r !o ~_I,.,04\;JOll lo•i~,;!4;{.~ll I r ~~.../',t"~_."~.}1li '.,,-,r ....:,~No. . Well,you also talked abo'ut Margaret's will,didn't·you?, But ~ou ~ad talh,ed to 'Margaret about her ~'ill,hadn't you?, •,~'.(..,"'~to I knew that she had gone into tov.:n the day after she had talked ,. Right.But you l~new that Margaret had draw n a will,didn't you.,; We talked about Margaret'~will the ~ext day On the telEphone ~ wh,ic,h wills .you wer~talking abouto~proposed wills or whether it was Margaret's will or your fathe:-'s will? .Did you A A Q Q A Q A Q A « z«>·oJ>-IIIZZ 1&ID. i0l-t'Z :J: III«~ t-=!:!lI: I-III C oJ«u c :J., :l:I-r-til ui0:: 1&Il-ll: 0D.IIIlI:.l-ll::J0U oJ« uu:II.0 But you did talk to her abqut'her'w ill befote your father died. • !~ She showed me my father's will.: I Did you talk to Margaret about :M9.rg<3.;r:et's:wiU'befqr ey;our,-,a....J father died? A Only tha t she was goiq.g into town the'next day to make up her v ill, ~nrl ~h~~aid "It will read exactly lik~your father's." ..~. Shirley Valenti 90 Q It would leave half toyou 'and ha~,to Elsie Butti,is that correct A Q' That's what she said. That is your testimo~y, ,. ,I."l '0 J. •(:I I.'to, Yes. Yes . That's all I have. ,..'~l r" •J I :,I'J .\, --,,".to ¥•Yes. No,she's not a relative. , I don't think so. .-As far as you know.Mrs.Vale:1ti,':"'ouise Mazza has nothing He was in extremely bad ?hape,is bat correc't? will contest,is that right? My fa~her was deteriorating each day. So that how was he when'you sa",hiD on :rJIarch 4th? You recall days very well.And so the 4th of':tyIarch was a Thur~day. to gain financially,regardle'ss of WID is successful in this She is not a relative or legatee. Your father died in the early m:>rnin.g ,.holrs of Sunday,:.vrarch , 1971,I know this is painful for you,lim no~trying fo m2.ke you ,~t', t.1 ~'~f .....t. S uff'er -- -the 4th of March was a Thur1?da.:y,'w a~'i{no't ?"/~~;:', ,.7th,is that correct? e «Az«>,~>-QIII , ZZ1&1 Do i 0... Clzi' 'Ill«~A ..:u II:Q...IIIec .~A« ~c::J Q.., :t..r-N A -iiiII:1&1...QII:0Do 1&1II:...II: ::J..'0u ~«{,.U ii:Au. 0 \e Q A Q -',, MR.BAKER:Does the Court haVe any questl0n~? THE COURT:No. ,. t" Louis Valenti '91 ",', LOUIS VALENTI IS CALLED'AND DULY S:WORN.~· ,t BIRECT EXAMINATION By MR.BAKER: ... -,.<'."•..::",., Q How did it start out at the top?,I}I I .t ;"., A Ill,Robert Vulcan.".. Q .But who had signed it?.... by Margaret "A.U was signed Vulcan. ..,. \.. . ",. Right. How are you reLated to the decedent ,) 8~4 Bloom Street,North Bay,Cntario,C::anada. , ., .'.",t.. ," ( "' ;I.., , Yes.It was the morning of the 4th.' , Do you reca1'l your wife showing ,you a.will?. He was my father-in-law. We arrived March 2nd . 1971 ? Now do you recall bein"g'in the decedent'strome on March 4 of •;.i"~...~r ~t I _, And do you recall.anythipg·§l.bout the .will.?VJhose will was it? •til.f;.I 't',J.l'~,1 ~~,"t .....I ...'11 '.'....'..:.;..)(t''."!',~".'".'I'When she showed me the wili,I "read i:,of ('our'se,arid I said~ "l.:o <f You are ma.rried to Shirley.Vale"lt i,:he previous witness. ., "This is not Bob's will,because,·1 I s'cid;'"There's some ,~.i :......;'I ~'.'?~t-. "t • ",'.'{i ~.t).,, confusion.There's no w'ay.she can sign Bobls w/iH."".• Iyou are Louis Valenti...,·t'....,.Yes..',,., What is yo~r'address?~,.. Q A Q «A'z.«>.J>-QIIIZZ.III II. i A 0l-I:) Z !Q,J:III«3:A ~u ~"QIII c .J« u c :::l A., :t..,.. N iii Q 0:IIII-A0:0II.III0:QI-0: :::l 0u 'A.J« U ii: lJ,. 0 ,e • .-, e·.. . I, I '. '."(.."!I "It r r,." .".,''1~.~.·-~/·f l but I am not too sure of t 1\•;'.~,,.'~.~..)':.-. f," .. " .. f ~/, ~'. I ' No. that,of 171, Ithiilk it was da'ted the first ofl\1arcJ., Was it dated? Was it witnessed? - II I I : I Q . A . , Q ,. Ae'"0 .\ Louis Valent 92~====tt=========::;=;=:=,='=:::::::::::=~=======!:..=.=,=I 1 •"•;~)." ,f'r ...J ..... ,If '.oJ 't'{....','"I t I ~"._j~.,'.~,:~..",.~'!hI J, Were you there w hen she talked.t)hi¥1 ? wrong.It just doesn't make seJ.Ee."And she kept insisting I explained to her,I said,I~Ma["garet,.this canIt be Bob's And she proceeded to p lnile hirr:.,. I'I ,' ,' Yes,I was there when she dialEd.ShE had a conversation; ,.I. it was,and she said,"To 'prove it to you,'I'll phone the lawyer .'Jo . will because you have signed it.II And I said,"There's somethil1g talked . What did you tell her,? After,-yes.She came upstairs and we 'talked,the three of us No. .1 Did you talk to her a,t aU ? ,Did you have any conversation w ith l\Iargaret relati~e to this wi l? A A Q Q Q A A Q < Z<>..J>-lI) ZZ 1&ID. i0l-e>Z J: lI)<~ ..:uii:l-ll) 0 ..J< U 0-:J., :t0-r-N iii 0::1&II-0:: 0D.IIIa: I-a: :J0U ..J<uii:... 0 .' "0h,aU right,w'e'll bECclown to::n:::>rroN.11 .;nd she said,11 You 'Ire ,)~.'., right,that's .Bob's will all rig)1.t.1,1,But she:said,"We have identical copies,.but that's the V'r:ong I)~e.I've -signed that;by mistake.11 Q Did she say anything ab out m~ki:l.g a s:milar will? " . 'Louis Valenti.93 A , .Yes.she said.IIOU,~wills are,beth the same.in case,s~methiI1l happens to me.II She wanted to-prctect her daughter..I gues s'. Q , Did you ever hav:e any other converEatio~,with Margaret relatilre Ie A to any wills whatsoeve r? No. No. No. , . ",.r, "•.,..,.}10- .' .. ;, You1re speaking of the " ;'...... THE COURT: " decedent . I said did you have any conversatiot).s w ith1l1to:bert Vulcar • Iyes.that was the'only·time. yes. No. the decedent.about any'wills or -est~te ? Did you ever talk to Margaret,o:per than that about a will? And you never w ills or estates'? After you say or----., We were dow n in 1970 in the s p.ring.:.vrarch.'I .g~ess it was•.'7 . ,. •,.l I __.<Ii .~,;~....'f ." You have described one conversation ,)V~i}h ...~e;tr~ar\et.~~~~t a wil . When had you been 'down to visit .aobed Vulcan before this time Did you ever have any conversa':ions with Mr.Vulcan relative tp, any wills whatsoever? " .in March of 1971? ~Q<~>VI'ZZ III0.. i AoI-~Z X UI<~ .,: U 0:QI-UIec ..I,<' U ,-c'~ ;,A :t "I-r-N Q ui0: IIII-0:,0 0..'.III0:A'I-0::::l 0u Q..I"« U.II.AII.. 0.e Q.' -A - "Q t ,." A;. "',I ~• ,•J',Louis V~lenfi' .,..\ I " /':94,I .;,l '1 Q A Q You had been down ~,year before. Yes. That is you?" ••• ~'.,,'.,(,I\. ,f ..''.,.{r-,;. A My wife and the children. .'' Q Il'Hi:tafl:!drig~about you. Yes,We hada short conver,sati:m one nig:1.t. Did you have,any ,conversation at thct time in March of 1970 outside the hearing of be witnesE,I'd be glad'to make when you were there with the d~cedEnt re]ative to his brother-i -law, Yes,·if you ,want me to do t Do y.)u want to make an of er? I'm going to object to anyMR.GOLDFARB: MR:BAKER: THE COURT: hears,ay. an offer. f Hoot'? SIDE BAR,reported a!3 follows:' Yes.<Az<,>..I>QIIIZZ, \IJII. i0r-Clz :r III'<~A t-=u.II:r-.!!!e 0 ..I< !:!0::l., :t.."N uiII: \IJr-II: 0II.IIIa: r-a: ::l0U ..J<uii:ll. 0 ?e M~.BAKER:"If the witness is per:nitted to tes tify in , ,response to.the qu es~ion as to w "lethE r or :-lot he had any conversations with'the decedent'aGout the decedent's brother:" in-law,Hoot,.the witness would repLy,'thE witness is expected to reolv that the decedent c'omolainec about his brother-in-law, Louis'Valenti Hoot..and told the witness that the brother":'in:"law 'had just purchas ed a building :which he tad W'lttlt.ed to purchas e,and tha't,. they had offered it to him for rr::ore money and·that the .relation ,. 95 .s~ip between he and.the decedent an:l his brother-in-law,inclucing• Hoot,was very st'r~~ned;and that hE wan~ed to get rid of them i 0( z 0( ~>-!II ZZ\&I II. he possibly could.This is being off·=red to attack the credibilit.I that,this was signed at Hoot's house arid b~~'ause they were suet good friends in February o~197 =-. z'0l-e>z ~MR.GOLDlV,[AN: 0(~. I would object to 'this,,type of testimony.It's a side issue.It would open up somebfng wide,.and we lave , che'cks,thedecederit had made a loa::1 from the'Castelli's,and ". we -have cancelled checks fr~m,him to the',dec~dent shortly' r ,.~"..-/..~~t..".':,"\" ,,,_.,~..•.~I',".t '.'<f ...;~!,..','-I'",,t.Ibeforehedied,showingrepaym-=rit.It's going'to'op'en up , , everything.My,entire file whe.re I repre~e!lted Robert Vu~can" ......#...-,-"i'-'",..-+. ,'t .~.....'. I handled thoUqandsof dollars fqr ~iDrj pul prope!rty'in'his nam -I ,J .,.../<-:.~a.j ....~i "f,IthattheCastelli's g~ve me the mone:;!'rha~,ve judgment,'not,es .. I know thE;yare paid.off.I have E.greE-ments,I have trust a,gr.ee What about hearsay? , ,e. "~ . ments.It's going to open it wide think itI sway far afield . THE COURT: I think it's irrelevant.I." MR.GOLDMAN:This is my next Joint,that it is hearsay.I started to say it was hears8;y before~That was inJ:basic objec ion. It's clear hearsay. " Louis Valenti t .·f • 'r I' ".,";',r',,:,',I " , 96 ,,-' THE COURT:.I w'ill haye to sUlstai:1 the;obJ.ec,tio~>':~l canlti~:t' o'It -.,,-..• , see where it's going to b.eartoo much on this case. ,MR.BAKER:You will note ,us 'an _e;xceptlon.I have:no furthelr> ques tions. I·I. Mr.Valenti,;,the ,will that you saw during the we ek in Ma:r:c,h,.1 .i when your.wife's father was in the'hospital,the will that Margat~t ~-.. 'r" ..Q () l-e:> ~.. 0(~ ~CROSS EXAMINATION By MR.GOLDMA~:,:; jj L Vulcan showed to you,which started'outat the top,_"I,Robert,I A That's right. Q 'Now that will,what did it say was the dispositi0!1lipon'the ~eJ II: I-'CI-1:1 .2.: III c ::l ~ ;: t-Il aeul-e(. Co Uc: l-e:.II:.c- l' ... lii:11;'c - A Q and which was signed,"in fact,':)y Margaret Vulcari: ,. death of the tes tator?Do you r~can definitely? " Everythi ng woul~go to his wife and o~her death,,w ould be split'to Elsie Butti and Shirley .Vale:l.t1.. Are you sure,Mr.Valenti,that it 'jidn't sa'y everything would go to his wife if she survived hi-m,dnd then-if she didn't s U:rl1iVE' .hi~,it wou ld go haW.to your'wHe,Shir ley Valenti,and to Elsi A Buttt,?Are you sure about that? I can'only remember it would go to her,and on her death,was " Q split 50-50. , In other w<;>rds,as you best recall i:--- A A""T said this thing was throw'!at -]s,and th'en we didn't see i ,'-1 "Louis ~alentr -,97 ".anymor,e,of c~ursE;, Q "Werwill have 'testimony during the def'e:!JL33ecase,but I don't wan to ,catch yo~in.a trap 'h~re on this is,3'ue a'~to whether it left it' ,. :,to Margaret Vulcan l~I;3he 'surv:.v,ed :lim or wheth~r it left it to Margaret Vulcan'for life.Are ~yo'j sure as to that 'f A "I can't say thato' 'Thank yo~.:(Witness'excused). t .,•' Does the Court have"anYJquestions?We'have o.ne other i,'~, ,'witness,Your Honor,a short witneEs "from out of t()wn, "William Vulcan.." '••Ii;)'/,., .......,t ,,"..t ?!iI .'~~~,I ,'(.1 -..~.. .,-!" l'':-:"", •of..~ ",,- "r '..~~ IWILLIAM VULCAN IS GALLED'AND DULY SWOR~.(/t T,.-, T :...\\,...... ,t'~r,f..t J ~t '~l # .. 'And where do you live,sir? .', I live-in Willia~sbutg,Virginia., t /"..\. 1 - lam. you are William Vulcan. ~DIRECT EXAMlNA TlON By MR.BAK'ER:.1&1l-ll:~Q lI: I-~Ao U J '~Q ii:u. o A ..' ,Q A Where were y.ou living on or about March•.1971? I was livi':lg it;Milwaukee,Wisconsin., ' '.'. -.f ...+ Q When did you first find out that y,)ur'fathEr 'was terminally ill? ,.!~.~ ,. A .On the morning of February 11; THE COURT:~o 'We have your name anc '.~ t ../.. ,;'t I,'.. William V1Jlcan .. address?- .~l#j..'98 ,.e Q A Q A ~Q.z 0(>oJ A>-IIIZZIII QD. i , 0I-AC>'z iI/l0(Q:= ...:.u AII:I-III 0 oJ 0( U 0 :J.., :tl-,,.. N iiill:III Ql-ll: 0D.III A'll: l-ll: :J0 Qu .J 0( u Au.u.0 Q A Q A Q A I'm sorry.What is your addre~3? ,At present"it's 14,00 Conway Drive,WLliamsburg,Virginia.".. How are 'you related ,to the decedent.,-Rebert Vulcan? He was my father. Now when did you find out that your father was ter~inally,ill?? , On February 11,I received a call fr::>m :r;-y stepmother. What did she say to ,you ~. She told me,,"Your father is very in,aLd 'he has cancer." 'Now when th~n did you go home?. I said I was going.to come right home,a:1d she saId thene'3was no .. need because my father didn't want ,us,aH the children home • together,and that she "vould call and let me know when I could come home. You were in Milwaukee,,you say. Yes. What were you doing? I was going to college. When did you come home? I came home on March---I'm sorry,Febr-uary20. And where was your father at that tirre? My father was in bed when I got tome" And what was his appearance?,' He look'ed weakened ..Iwent in'tte r,o:>m h1.e was laying in,and ~, r======tf~'.=:=:::::::::====,====='W:::::'i=ll=ia=m=VU=l::::ca=,n==='=========::::;:::i~~··I.99 'I i,I,"he looked tired.That's"abs->ut aL I c2n say abo\.l,t his physkal .....'. "condition'. Now did you at that time have any c:mversations with your fathE r? The night'that I got in;''I did Lave a .conversation with my father. Bap Mazza was present ,~Jimmy Castelli was present,and m)~sblf, .' i•"•~,,"''I;.,,"'l .-,.l ,,1 corre'et?·..,.\.., ,...,..,, ".•,#i.• .....,,..t,,., •,I,.,..,..,..:,. My wife Linda came home·wit.:.'1me. Yes'. That's true. How long had you'been married? t~....~.t-~ •f ,,t Approximately a year.,:..•'.",J•••t'"J.;j \~,.,i ( •~.~,,&~\\..~~\iii'r "~,... Now you say she came home ""ith y au,.'is th'at } Who was pres ent? " him,so we didn't elaborate en any specific thing. ~" the night that 1:w as talking tc h.er. 4'.~~,~ ,•I But there were peoplepreser=t 3.t t~time that 1~,was talking to I stayed borne until S,unday,.the 28th. How many days all ~na~l pid you st~y'home'? ,l ~. "'"," ,.'. Oh,yes,,he kmw me.'\ And were you accompanied by anyor:e when you came home?,( Did he know you? Was he alert mentally? . I believe;yes,he was,alert mentally. 'And this is in February 26,t;::l':'l. Q AeQ ,A ,. f Q , '"A5-::1,i ~Q.I:WI:l; ~A .: J II:Q ,-., e ::l .J A0( J :::l :::l Q., :tto.... :'\I 'A:Iix·.Jl-Qx .:>~.JlX-Ax,:l:>J .J 0( :.J......:> e..Q A , , "Q I A I ," I.,, , Q " A "W:lliam Vulcan . ,,' So it was about two dc;:ys. Yes .. ,p't A • 100' Q At that time,when yOJ left,i 'did it appear as though your father were going to die'in the immed:a t'e future? Why? No,not the -tv hole tim2 that I wa.s home, Now during the time bat you WEre t~~re,did you 'have an ,'I" opportunity to talk to your father-alq,ne at any t;ime ? A· ~~Q:-.J ii ~ ~IiL ~A ()ro Q I didn't think so,no,not at the time;'." i, tI,I Everytime I got up to walk to vi3it ~y father;,somebody went. . .in with me in his rOOD,And,(c3.me out and sat or{·the coucJ:j, that's in th~li~~ngroom,and I t::lld mi.wif-e that I wanted to talk to my father ~lone~and she said,"1'ell the peo pi'~to get out. He's you~father',"Ar:d I said,'."No,it's quiteal\right.I don't want to make a,ny ?ense or anything scenes or anytt:ing at th is time.".. Q Q Who would walk in with you? ..: At that tim'e,Johimy Butti walked in'with':ne or jimmy walked: •1.in wi~h me,and,'I had made two attempts to',walk ~n and ,those ar e ,-~ the two people that were pres en':at this ~i:ne:,. -•I )• Now yOU say ynu lefLyour father's home on the 29th,is that correct? The 2,9th,I believe it was,on a Sunday. "' And did you check back again thereafter t6find.out how your ,,J I,..I: }.",..., ~',.. ,< Wlliarh Vulcan',,101 father 'was? A ••I. My sist~r,had contacted me onc.~,I b.eli~\.e,on the pho~e,and ,told me hewas ill.But other tharitr:at,'no onehad'contacted me I ! up until,the time'he ha~d died. ,I.., Q An~when do yOU recall that he :1ad,~ass-ec away?. ~.~ ~.' No. • I i.. ,,'. ,.., ."i ,f. j"'I}.~ " Wereyou called the da:y"he 'd~ed ~ •.''$.:j""~~.'.{,',.'.'r I..",f.'~·'··.i ~~,.JJA"1.1--,.., I guess'so.11m not actually ~ur~,oV~.hat'date~: ..".I..~ ..,.. ,," Now at any tim'e while you were the,re-'--'-str'ike.that'question: told. Il1:onestly don It remember the Exact dat 8':I was called and "";'.!tl Not'alone,no.' Did you talk to him'a~.al1 about a will ? , Did yOU have an opportunity to discuss a:iything with your father -',.' •Were you aware at all that a will had been made by your father ,. about a will ?, No . . 'about a will ? .While-you.were at home"did M&rg'a;et'CiECUSS ,wiith 'you anytli.in ,'':'",J j ,'.'•:..!I (It ' -QoI-o~A .-r·1";Q a.;, ~Q t-=~c:.'l-t.> CI -'-: L' "::A (1," II:IIl-IIC0.Wa:AI-~ C,:.Q <I: l: ii:AlI-0 Q ,, in '09? 'A Yes. Q A And who mad~you awar:e of that.? He did,several year's previous :0 his'de:ith.,,.~ ". .. : hat did he tell ou? of,that I d.on't have to'worry about .:iny-thirig.•.•).r"r ulc 3.n ,.I He told me that there was a will and that I w'ould be 1iclBken care I I' A '. ! Q A Q ~Az 0(>·oJ>QlJl ZZ1&1Do Az0~l.'l Qz I:010(~ ..:.~All:~nec .J0( ~C:J., ~t-N Q iiill:'.1&1l-ll:0Do 1&1 II:A~0: :J0 l.:'Q <l c.; ii:II..0 e A Q A And appro,ximately whe~didhig aay'that? This was approximately in November of '69 .. And do you recall,were you ho:ne at that timeor'were'you awa~? ,. I was home then. Were you going to schopl? 'At that time 'l had just went back to college. Do you have any recollection 0'£what ca:us'ed---what was the .' occas~onof his telling you? ,No,there w~s just a discussion bet.....een Joh~ny Yankovitch .and himself and myself in the gc..rage;andJoqnny Yankovitch.. is 'my father's stepsister's husband. And 'you'say it was a general,.colversation at that til:n:e,he " informed you about the will.' He informed me then. Did lie recognize you when he sc;w ycuwhen you came home in t .e .latter part of February~1971? Oh,yes. What was his attitude toward you whEe,you.were there? It ;Wlas on a frie~dl~basis.Th~re was abSOlutely no disagreemer.ts,. ,. between the two of us o'r anything at ;hat particular time. Was the relationsh ip cordial'?, .~!...''.. i I ,..1 ... I of ,.... ,\./ --~--~------------------------.-------------, I can recall him having a meal '_n th~liviEgroom on a $aturday . ;. I I A Q- ip, i I Q,.. A -.. WJlliaII1;,Vulcan . Yes,I would say it was.. Did he get out of bed af any tim::'wh:_le yOJ were the re? Yes',he did. Where did he have his meals? .'103 CROSS EXA,MINATION By MR.dOLDFAF:B:.,. house in Peters Township,I thL1.k you said you never asked anypody, •~",.'to;i 'I'"I'"_"'1-t Mr.Vulcan,during that week i.n ~ebfuary.wherl~you were at the ,, ~l"..I " •J - qu est'ioils'::.,,~~/""~I'~,:", ~~~...I:~¥,..~'_~•t~:,!~.,<II'~,";~'). , to leave you alone with 'your father.Is thit correct? This is true. I 'hav e no further while I was home. A Q Q .,~ ~ !:0: ="..,J ;- <:I ~ ~ii,f L -IiiI- el- ii-::: "'l't-=, l II1-.U 'C :;-lC-=., JIl-I'-(10 .' -e • u:11:,~QII:C0..Il.la:: l-ll:::>0'u A _.J] 0( u ii:Q'\I.o A A:p.d'did any~ody ever physica.lly restrain =ou or prevent you fr.cm seeing your father physically? .' No. And did anybody ever prevent ~;cu fr'c·m ,telephoning yo~r father; for example,;'from Virgini~wheTe'y('u li'lEd? Wise ons in.:., Did anybody ever prevent you f:ra:m tElep};.<b:1ing your fathe~in Wiscons.in?" i·A No. Q . , I have.no further questions... " Robert Vulcan'. 105 No. You,don't want to"do this. .No. --. I' ....~~_.•t ".,• If' ..~-.i t.,"_,.,If"f J ,'"••.,I ,',I.I.~",I .'".I','I , Correct: But you fully know you have this right. ;"~.<,ir1 .."'.',,".;-'~f /',t''.1'..,;",!.,<-'.I <#..'-ll ., ,~,I •~t,.t'~,..t4'_'•,••J '1 ..II.I ...~-f;.,..."J lid like to have the dauJht er comeup here. .. o ""o 1 THE COURT:<~ i:; ;!..i:iL "A, ,Q A Q . } I ,A.! SHIRLEY VALENTI IS ,Rt'ECfALLED. G-: ::EXAMINATION By THE COURT:. ,e ..-; () c:Pt-IPC;, .Jc L',c - ~~r-l" A,S I understand .it,i't is your testimony that the signatur~ on the paper which has been pro:::>ated here as the will of your . father,in your opin~on is not·yO..lr'father's signature.Is that correc,t? r " No,that is not my father's'sigm..ture. or not this,in fact:'is your Fa·tr:EO'B'·s(si'gnature?' Haveyqu been advised.as to the Jr,op:-iety of obtairiing a hand-:- .'No. writing expert to analyze this signatLre to determine as to whet ler, A It', It...~Ac11.... II: li:.Q :Joo...«u,ji:...o e. 'No: You have not been advis ed 7. :1 do'not wish to,have it." ..: , '''1')11 hJ:nT~hppn advised b-]vour attornev that '.lOU f'...· "'.t .,..;"••You do not wish to have a handw~ihn?;expert. Q A ~Q .A (\ ." ---------:-11--------------------------,--- Shirley Valenti 100 could obtain,one,~s that correc"':? A Yes.He has said we could have one. Q But you don't want a handwritin~expert tc analyze this signaturb • A It's too expensive. Q Let her testify.You're an adverse p.3.rty.,Would you tell us wha you said? You should know,Ma'am,., If yOU 'feel it's necessary--- been advised on this and do you Nant to pr)ceed? f '~ ,"you have 20un3el.1 want to know ,have J ou In other wor is,youJdon't want a handwriting'.' You don't want to. _lIt No,I gues s riot., expert.'Is ,that true? No. II m not here to feel. You don't feel you want to go to :his .expEnse.Is that it?You dm't to engage the services of ahand"'Vriting EXpert.Is that correct? "I said it's very expensive to obtain a handw riting expert. 'feel under all the'circumstances you and your two brothers ':Vis) '. A Q A Q A Q A «z«>oJ>-VIZ Z ltlII. 'z0...e>z x Ul<:: .... ~0::...UI a oJ <{ U 0 :l., :I:I-r-III ui0::ltl...0:: 0Q. ltl, 0::...0: :l.0u oJ <( uii:ll.0 .' -..'" , No. .",'. f •lI'~.. ·No. You do not.'.., A Q A I. You are satisfied t~at you ,do not,is that·~c rr,ect? ~~'I ,'/;,'"'/ Q A,Yes... ! - ~f ~" William Vulcan 107 '.. WILLIAM VULCAN IS RECALLED. I EXAMINATION By THE COURT: Q ThE paper contained the signature of your'father,is that correct?Would yo~like to'take a look at this paper:? ,. Yes,sir. That's right. You do not want a handwriting exper;:? " that we honestly had a case.I fe~t thc.t after everyth.ing that has You have heard me questioning your siste['ana.brother about Well,I live in,\{rgi?-ia.And I fe:=l when I ("arne into this Court Why don't you want a handwriiingexr:ert? No,I really don't believe it,'is. the propriety of getting a handwriting expErt .Is it your opinion t~at you do not want one? This is the Last Will and Testament.I've seen it. and also my stepmother,that everytting w::>uld have worked out I.••I,\. '.':'.•,,',~..._.'"'..~....I the right way.And I feltl bycomhg i~to fO-Jrt,,.·th~ti}fe.lt it:·,.;:" •f<'"I,J.~''''1il.~f''-<j~t.',·tI.t~#'~:';/(.~~~-......1 I ~-401r'''''~J It .' .0 ccurred in the pas t with my fatr.er..:md rry,;brother and my sie ter .Do you think that is the handwri-:ing ·)f your father? e A 0(Qz 0(>oJ>-A'IllZ ZIIIIl. i Q•.0.... Cl Z XIII0( :l: ..=u· II:A... UIea oJ Q , 0(·ua 1 :J A-, ,J:...,,...,N Q ui ..II:III.v~A..0Q. ,IIIa:...ll: :J,0u oJ 0( U i i;: l&. 0.e . was the right thihg~the Court would hc.ndle -.t th~right way. Q 'The point is,how are we going.te·pre·ve th:s'hand:writtng as to f 1\1.·;.- ,._r, A the voracity without an expert? .,~,.,,j •tA'1 •If't.~if If.):.."'"'• Well,it's my hones t opinion t:.~ait:;a-;hatn"Glw:nitingl:~~xp;~htg-~.drom-F.1-y " .IOR.'William Vulcan r-------..------------------"-,--, I '.I own expe,rience,I h9-ve seen handwr".ting exper.ts testify to the exact signature of Howard Hughes,,::'nd in my opinion they 'were wrong.And so I feet why shoul::i..I invest time and money ~', into a handwriting expert when I don't feel they could pos~,ibly t .come up'with any c onclusive or posi:ive evidence. 0:(z .Q 0:(>...J ~Az Z11/a. i·Qol-e>~..AJ:'III0:(:=Q Have yo~been ad'vis ed ton this b:.r an attorney? 1Astowhetherornotah8;ndwriti:1g e;;:pert would prove or dispreve? To know whether one is necess,ary under the Circumstances. Yes,I've been advis·ed. And you a.re willing to take that cdviDe,is that correct? Yes. under the circumstances.Do we ~ave'any other witne'sses·? .., I "•.~-"."'-oi 1 1:J~f "1 ,Jij".I r-.I j ,:t ·'t~_~." ," ,".'I /; t_~./~.,I 1 .... i,,it ••'•1','j I _',;_.,.\I ~J,_" Let's go over'to c-hambe'rs\and'set.,al,time!for:. ,. He's going to come b~ck an'yway. The only one I could call now .would be Sarno;" .. I will be back. I think at this po:nt we ought to adj ourn, ',I the balance of this testimony. MR'.GOLDMAN: THE co URT: MR.BAKER: THE COURT: THE COURT: A r:!:!lI:I-IIIe-c .'...J 1 0:( U C.::J., J:l-I'- N uilI:11/l-ll:0a.11/II: l-ll: ::J0U ...J0:( Ui;: ll.0 ,·e , ,,, "t..,.,..'"..;,.f~a !" Sam Goldman ,\I.i J !i.'t-i'II'..~i .'i ~'!I.., "-+•'1,•I,I 109 On July 17,1973,"at 3:00 o'clock P,.M.,tJ.e hearing reconvened):, MR.BAKER: IIftheCourtple-3.s~,this is the continuation " .'of the heaJ;'ing on the appeal'f:r:om thE'Regis ter of Wills in the m tter •of Robert Vulcan,deceased,'at NUrrl:Jer 63-71-:348.At this ,. " '~,.~ ,will,Mr.'Sam Goldman,be swcrn. ~~, >.J>-IIIZZ 1&IGo time, ,,'.your Honor,we'd like to 3.sk that the scrivener of the ~." " DIRECT EXAMINATION By MR.BAKE,R: , i ~,~.. ~SAMUEL GOLDMAN,ESQ.;IS CALLED AND =:)ULY SWORN.~-'-',. :r III<I:~ e- • ..=Q~ ll:t-III a A .J<I: U a :J., :t:::QN iiill:1&Il-ll:o~Aa: l-ll:g Q u .J« u ii:II.o A What is your name?"'. Samuel M.GoldIl?-an ..I'm-'?-n attarI).e)'1308 Law &Finance .Building,Pittsburgh;Pa.J'1521!3.~ ",Mr.Golgman,'you ar e admitted:o'practice law in the Common wealth of Pennsylvania. I am. And as such,wer~you.tl::le attorney ttat prepared a certain will that has been offered'for pro::>ate in the estate of Robert 'Vulcan,Sr.? My offic e pre pared it. ,f Now can y(;m tell us under what circumstances that will was prepared,in other ':\lords,how were you contacted to have this , will·pre pared? I had talked to Mrs.Vulcan mbre thar:'once during that period .f' 't,Ie...•..,.,t·, Sam Goldman .'lID , of time two or three months priJr tc Mr.Vulcan's death.., Q And was she the one then that orderEd tha't this will be drawn? A It was recipro.cal wills.In my practice,I don't like to put reciprocal wills into one instruoent.I alw.ays have separate ." wills prepared,and tell them to execute them separately. wills between herself,wherein Ehe left h~r entire estate .to her husband,and her husband left his entire estate to ,her.' t ' }'~ "'/'""•f-.,;"••.••'•.;;1,,.t....'; , I • \, ..'fl. That is correct. the date of the execution---was a call made to my secretary~,al d pel'Sonally? The will that was signed early in'lfeb.:-uary---or I don't have You got this reques t dir'ectly from Mrs.Vulcan.,- I might s~ate at this time that I pr'epared quite a num bel'of willE . if And my clientsw who chapge wills know t~at/they talk to her The one on the last will thabw'as pr'ocatedl,came from ,her .;'" t },;I<#.....,"I"- ~r t \',.(f f!t r(...'..r·_t./o....JAnadoy<;)U have any notes with r:=spe,:;t to~ow you received these •~I ,j ,....''c~,' ;,.,j'.t li I'I instructions?Were they by telephone or did you ·meet ner Is that correct? .In other words,you are ~aying that E he ordered identical recip'r ocal ., !Ii II:Id "l-ll:oD. Id a:Al-ll: :JoU oJ<uii:lI."o ~, ~Q Ul c ~A uc•;Q :tl-I' (II e 0(Qz 0(>oJ ~UlZ ZId D. i0 , l-e>z J: Ul 0(' i :.~A they gtetbetter service than talking directly to me.But the "..' will wei's prepared after Miss CicDla got the information.And I always check it before it leaves the cffice with a letter or "otherwise. " Sam Goldman 111] Arts that Ir~m_agent for:;and 1','see tl--em tvo and,three times a men and they are officers in th'e Nati,:>nal Association of Theater '• Well,yom must unders tand that :h~s e rpen are established'bus in~ss," Did you deliver.it personally or was it deLvered by'your office? J '. .,..'•VUlc~n,in the past,I 'hiw'e alwa~Js uE~d that means of sending , week on affairs that I handle for them.And Mr.and Mrs ~ Do you know how t~is one left yOUr o:fice? Do you hnow to whom it ,was delivered? It was delivered. , (To one of the brothers of Mrs.~lulcan. Q , A Q . A•Q 0( z A0(>.J>-III ZZW0. i0I-elZ .J: 00'"0(~ th ings out.I very s eldo~mail thing~to them. ,. What'I am asking you is did ybiJ::leliver it! A I handed it. .', " ,,Q , YO~say yOU handed it.'you hanc.e~_·both t~reciprocal-wills.. A Yes. Q 'And it was .one of the "reciprocal willE about what you are talkir~ that was PF,6bated here And do you have any recollec,tion 0;any not es to indicate when hes e• A ,Q Yes..........l wills were ,pr epar;ed? -"f ~~.,.• A C,Ther e was one that was a little ,longer than .the other.It'was '-': prepared in January;and there WeS a short'Er.one prepared in February, n::lt",nfit early i~Febl~uary:,I niigr.t be.able to give you the' ,Ii'• Ij •~•a.:'",'...~t ,,i ~No .r can't '2"ive;vou the,.date e,f th~"one.t.ha,t.v(~s,.,I', .'. ~~------------,;,------------------------------,-------------.------ ,' Sam Goldman 112 ,probated,but I checked myrec')rds befor~coming up here.It ;:,. ViI,as very ~arly in February ....' As a result of the request from Margaret,:lid you prepare two Did you receive ~ny request fr07l;M:,s.V'Jlc~nfor wills to be was wrong.It should have been for l\Cargaret,and it had the • "j."," . ,. early in Febr'uar y? A nd~w hen was that? drawn for either her or for her hus)::and,subsequent to this bri'e ~I ~.01 ,~,I' wills in March or the laHerpart :>f FebruaEY? .,.,.""~l'\l;, •l ,••',oi't ~,.., :,.--,'~ There was ~one,approlxi:qI,atelyJ\~~r?h,:lst:·'orJVJ:a:r:ch2nd,that I tad.,~,..,..'"."...'I ,.,;~....~..~"/1 ,.'Ii';"_f ,t."\;--i •.or •','4'I ~"~"/ .•"..),~.'"f f:"~'.'"~."._fI~,_~.,J At r /made a mistake in preparing,anc here again,'I did riot talk to ~. contents,b~th re~i'procalwills;=xce ::>ting .he wrong one went 6 't, .t .t decedent's~name in tit instead~They both had'the same .Subsequent,yes,' 'One in March;'and a mistake had'beer:.madE-.It had,.'\.Robert , t .'.Margaret.She talked to somebody i:l my-offiCe.~I'm not sure i 'h 1 '-.-,I,'W:" now whether it was John Hickey_another attorneywho since t.••4 .~;.CIt-·~"""'II;."'"J :~ passed aVVt:!-y,,or my secretary.But c.will"'was prepared 'which, " A A A Q Q Q , « z«>.J>-IIIz·Z1&1 Q,, iQ l-e>z J:III«~ ..:u II:I-III 0 .J« u 0 :l... :tI-"'N uia: 1&1l-ll:, Q Q, 1&1 II: l-ll: :lQ U .J« uii:11. Q • Vulcan."It should hav,e -been;"I.,Margaret Vulcan." Q So that what I am saying'is was,tr.ere ::lny other w~lls that Robert Vulean ~equ es:ted you to'dr,aw,_any othe~willsafter this w ill that has been probfl ted? A Not after February 10th,the,date I heard la3t here. Q Did.Margaret Vulcan request that you prepare any other will fo -------.,....-+t--.-,-----,.---~---------.;:.-.-;------------------_I__'_---,, It ,was prepared in error.It shc;ul<?ba ve been for Marg"!-ret Vulc an, '1I ,. , ,. ., .. A , Sam Goldman ,, 'her-husband,Robert Vulcan,after bis February 10th date? 'rhere was one,,prepar'ed,but'it was not requested by Mc:-r'gare t. 113 "4 -Yes. Was there one also delivered,on 3-5 to be executed by Robert? delivered "but the one that was correcte·)to be."I.Margaret Now the one tha t'was delivered'on 3-5--.,-:hat was a will to be What is his las t name? : THE COURT: 1971 . >, ,r'~:i Ii " .'I that'was made in error.and'again delivE·red·to one of the brothelrs. •t Ii '.,,'.'~..l"....~Let,me verify that date.I have myfi:1e.,c::lpy::matked."."Ihi~seco d ".."'<. ".: executed by Margaret. f v,',,_ have be'·~n."I.Margar'~t 'V~lcan."And i:l'~as mailed to her for I ~,,j'.11 ."•,I If"'~",'". '/'.'.'),.'i",,I• her execution.That W,ill was"pr'ep~red :c..d:Ma:rch-2hd,.th~,o.ne.<. • one was delivered March 5.I clcn't know ,when'the'firs,tbne'was, . 't "-••f • Vulcan."was delivered to her brother,~anny,on March 5. by the'office;"I•.Robert VulcanJ "a:i.d S jforth:'and should in the e~~nt of he'r '~r~deceasingher hus ::land".The will was prer ared -Castelli.A Q A Q i r .: ::::-.J>~. ZZ II! II 2Cl-e'2 JlIf 0<1,3: l-t.: II: I-1/1 a -l <C U.0;•~... J:.I-,... N . iii,a: 1IJ I-a: 0a.1IJa: I-a: ::J0U ..J<Uii:LL 0 , A 'I,did not make one for him. Q The only one that you made was cne around 3-2. A Yes.My note~are .that there was one ma:::le.I think before_Ma,rch 2nd.and'there were'some corrections mc:..de on the copy.And Sam Goldman 11 4 then wh'Em I saw those corrections,=didn't realize it was for Margaret,and 'I dicte;tted a provision for an eventuality,should , .Ma~garet die,and I did not use the one 'that'was originallY'pre- 1, pared.Then I sent out:the one·;.hat said,'''I,'Robert Vulcan," a nd provided for contingent lega:2ies 'and b~quests in the" event oChe r death." yesterday ,when I went ,through m..,-file fo.r.I:ly memos here,tha in error,and it should have only,been a w~ll for Margaret.Is But otherwis e,th is wou ld " Yes . " and put in·there,'if she 'surv'ives me.J I have a file copy,but itis not really':~ccurafe,because when , But what'y6u ar,e saying now is.that that w::ll'was prepared by y<u -.. my'handwriting,'the o~ly h~~d~r:ting'ofmbeon there is'made somebody,probably Miss Cicola"crossed out the word ~absolutely'..."':",' And do you hl:rv~a file COpy of the,wil~that was prepared early '","I 'I 'that correct? , ,this call came in early in March to rr,ake a new one,it's not, A A Q, Q 0(,z 0(>.J>-lI)z ZIII0. :i0l-e>z :IrlI) 0(~ ..:u a:l-ll) C .J 0( U C:::l.,•:t,'>-,.. N iii0::'IIII-0::00.III It I-a: :::l0U .J0( U'b:, lI.0' have beenthe:copy of the will. No. Q A I[... And ,is there any note on.1tha·f cOPY.Eas to when it.was delivered? .l.,...:r l"110·-...,. t +..-~;1 i t:I~r.!,l'~,,-!.~·~-f t i.-;·,.......1;f t~~,~,t·...lOlI...""_."_,.11.~'.l~.~-~.....+''.11:~. " f ' ,.,'...,....",', is from your recollection.Is that ~orrect?,j So that t~e test~mony with'r'espect'fo.ihen 'it ':w as delivered',(,• Q \ ,.t "..''t ,....~'Iolr •I .''r .'40'~j', ".' Sam Goldm3.n " memorandum that you have of any Idnd in writing,which would •"It '1 ',.indicate when thiS will was drafted ?", A Around the first of February,c lose ,to the end of January 1Qr ': "the first of February.'It could De a few·days off.I would'have ~.: no way of knowing tha t"!. , Yes,onetime.And I remember going.to th-=hos pital.I remem ~r . that pe'riod,I don't knQw whether.I talked te,him.I invar,iably db , , I " that in a room'to.go past his,I saw frhie nam2 Amor Ginsburg,, Is tha t c'orrect ? That one was ordered,as you teE tified,by Margaret Vulcan, before I make a will.,talk to the husband.' You ha ve no 'Botes of any kind? I'm asking you,is there ariythiri~5 in writing? .. a good friend of mine,w~s.on the same flqo::-#in the same ho~l~ital' ,'-._'.,,;,5-....~(,tI ~.;l I·'."-.. I ti I ~..,"I'"~I.:'j:~/4,.f.',4":.1'I',j,~_' at the time,and there were no'visitors'aUov/ed there-;'and"I:, , ,Do you remember talking to Bob 3.t all abou1:this'will? .No.For tq.e others I do,but not for that O:1e, , ,Nothing in"wri'ting,becaus e I dicn't bill for it.It was a regular .ciient and'I.,don't bi~l for regular clients. ,, I don't even know that.That,was ::me'call I :1ave from Bob in A A A Q Q Q A Q 0( z 0(>.J>-..III'zZ\&III. i 0I-eIZ :I:III 0( ~ ..:uii:I-III 0 .J0( u is:>.., :tI-".(II ui0:1&II-0:0II.1&I0: l-ll: ::J 0U '.J0( U II.II. 0 'e t .'had every intent~on of going in anc .talking'tc,Bob.but I thought I better not go in under.the circumstances:' , ,I ", Q .. to the time that you saw 'him in.the'ho~pital?, ,'T 1 ,,-I• ",.,\ Sam Goldman 117 ,. A I saw him in the hospital much after the will,a month anyway. Q So·that you have no recollection of t3.lking to him at all about ;.J... if ~.,',..,1'(J ...0 .....~,-,.l't f ..."~. '. "-..1.-# ., ,r"-~.,... i''.,No. Now do you recall qne of Marga:-et's broth~rs---is Hoot one of,f·'+',.J',n'.~ this particular will. 'M~rgaret's brothers 7 • Yes.)'J ,..J ,~..t:..4 1~ f I ,,".'t {.~. Do you recall one of Margaret's brobers advising you that he had signed this will in the hospital 7 I No,I don't recall.'I do know that I tell every cl,ient to let me k"ow , w,hen the will,is signed and whowitne3s.ed._1 it,because I like, to perfect my r:ecords.But'l have nothing,here as to witnesses " or.date of exec·ution. Now you were avyate,or were yO'J aware that there had been 'a will,a prior will ex.ecuted ,by Robert vulcan which had been prepar~~by Mr,Zeman 7' .' Only through your pleadings . You were not aware of it!.othter than that 7 I have 9ther wills that he made years c..go through my office; back in the fifties a nd early sixties 'he made other wills throu gh my office;but I didn It bring them alone' , Q, ,A I-Q , .~ ~ W'ere you present at;the time the will was probated 7 'Yes. Do vou recall either of the w {tness ~s tc the probate of the will Sam Goldman 118 testifying before ,the Register ttat tr"e wip had'b'een signed in th, hospttal? 'w asleither postponed or the.Re§istejlw ent to the hos pital,but 'The word hospital c<3:II}f'.1:Up,11::,.Baker,but not in that.connec ion. • A One of-the probating witnesses.V18.s'in the hospital.I believe it \. ,went up with her to see Mr.Gins:Jurg.anduI"think the h~ad of had a No Visitor sign,but I could,be wrong,.and perhaps t'lie the one that was prob~ted.You ~ever discuss'e~it w ithMr, nurse who was tal1-dng withme---;-se,0,'my wif~was an ~,~'ti.:."{ ".."i ..T'J ,.. ,,, . As I rememtier.his rocm.'..~ " Not in the hos pital;tha't I a'in surE of". Vulcan in the hos pital ?r anyWhe.:-e els e. ". Incidentally,I.woilld not have'discussed it ~ith.him:As far~....f~.'Il "~. ,t,'*',"'f ~r -"f I ."""',. as I knew,it was signed'and there w a..ld,b'e 'no r'eason·to.t<3:lk after that. So that to you;'b~;t~recollection,you never..discu~sed this wi.ll,, itistru'ctress Jhere that'day,.she l,teac'hes tl:er~,tha tIs why I I think it was po~tp'o'ned until shE-cane.I C~~I't're rpembe'I"that.' "~\'" 1 know that I turned it o'yer to 11::"Goldfarb and I did not remair ~~-,...~~.... ,the floor said he's not hatYhg visitors,Ther'e'cou~d h;'3-ve been f "I.-,..II-'~.'-:','r "'-~-r '.I ' . a sign on the door as well~li~ov.1.dW(not i-discuS"s:ir;"ith fi'ini'. <'z<>.J>-UIZZ 1&1D-"i . 0I- Clz QI: UIet "~ r='uirI-UI C .J A<u C ::l..., :t..,.. N iii0: 1&1I-0: 0D- 1&1 0: I-0: ::l0U .J«, uii:II., 0• ..J,,-,1t.~to a sic k man about what is in your Last ·Will and 'Festafuent.........IJ 11 Q When was the first tim e that you ,-..?ere aware that he was terminally ill ? "... -Sam Goldman 1'19 'I ,. /- I'can't recall that,but J k now it was:1't muc h before his deatlL ~r<''!t I'~'.1 ",d' It had to be a few months,thatll:ab6ut.'alll l ..,i.."'I ..-f ~'.~t t ..:·f ,{ff'I",~,;'.""'~~~""'".'1f~".","~,r·~/..(~...~,.<\.T~'"~t .•~i:""~~__f t{_l(..,1 ,.., Were you aware that he was terminaUy i)l whe~ever"you prepar d . A Do you know wb ether-or not the :.--ecir:rocal will tha t you drew,. a t the same time 'io'r M~rgaret,"nhet :1er that was ever executed ~ , Do you know whether they were? " I can't s~y.It would appear to me they ~e:r;e both signed., .i..• t *i ~....",'~'b:r"( "I ;I'-*I~!t:r ~~..~."~I \.1-",~:t ~. I think the first time I knew he vo.as t.~rminally ill was'in'Marc 11 •..;I ~.'"'t·....t·f'.'.,j ,.,.- of 1971,right before his death.I knEW'h~w~s ill;'tflOugh.· this will ? A Q Q 'A 0( z0(>.J>-C/lZZ IIIII.,.-i0I-,C) Z J:'C/l«~ '. ..:u lI:AI-C/l1i .J« ~ 0 ;)-, :tl-I'til.e;; !IilI:IIIl-ll:0II. III lI: l-ll: ;) 0u A.J« u iLII. 0 , • If my instructions were fulfilled,the?both would ffive been signed,but I don't know whetlJer it was done or not.I have no way' of l"now ing. lInotherwor<?s,your office or you were never contacted and advised of the date upon which the wiH.s were executed or of the I "~ witnesses that appeared to subscribe to the signature. ..-I Oh,yes.There was one sometime later before'his death that. I asked Margaret this time to come into my'offic~and sigr.. And then that was changed a coup=e ml~nths 'after there was a letter from you.,'.' Q But you were.never advised by M<=:rgaret or anyone ,else with, respect to any of the particulars ,)f th~signing of the'will that .1 '!' was actually probated .. T rlidn't P"et tha t auestion.'. ,'" iSlam Goldoan A Q. .(Stenographer reads back the last qLestion). No,'not the witnesse.s or the dates 0::-,anything like that. But ft is your impression and best recollection that you liave, , , 120 I -'. , . .., L," . "although you have no notes'or other written memoranda,·that.,'.".' this will that was prob,atedwas p~~pE:red by your office early ·in " '.. the preparation. I have no further questions., , .I just ha.ve :,)ne question,'Mr.Goldman. .' Yes.It's my typewriter;I have'an ur:usual type. Yes.Early in February---yoil're talEing about the willj "'f •fl·'-t ~,j'_ No.The only'w ill after then w ould hav.~b~~ri,~he'one 'th~t 'was.('... ~of..••,~< To the best of your knowledge,idorrr.atiod or belief,did the ~'$'1 . '..,"+f to.r ~~"',-.) , .t ~1~1 ~•,r ~",t !'1 --it ~"'~<'I ~,.....i''';;..".~..~/"I tdecedent,R:obart Vulcan~"evereXBcute a'will a~ter'the executi.'clri·it'.' ,,- that was probated here in this Court"Early in February. of the probated will -of February 1),197f?'I made in error that should have be2n rr:age,_;fi:>'I-Marga~et 'Vulcar . •..-"1 ..' And you are fairly cert~in about the (:late,,about the ti.me of ~ebruary. "80LDFARB: ...:".~ II:I-III C' ~Q" l) C :J., :t.."N «, z«,>-'>- I'~A :1:,IIIn. z Qol-e>z xIII ,,« ==A MR. rtfI0: IIII-0:0n. III 0: I-0: :J0U,-'« l) ii:ALl.0 , '. " . MR.GOLDFARB:Did he execl.,te a:!y will ? ",.'..,~ A Not to my knowledge;not after that. MR.GOLDFARB:No further qJesti:ons. THE COURT:You may step down. ,..,, I'. 'I----------..--;-------------------------~-----------~----i ..'.";'-',Jr.,.' .121 ,f.t 'I"~,,.-~...';.,.-,.,,~;(;:•oil ~., Your Honor,ill-='relv to'complete the record,..,.".~.,..', ,I have s'hown this t~'Mr..Goldfa7'D,V"e 'bffer into.evidence'thef-,~!.'.'./...~.t Ii -'l t.'A~~II-f'/~.t:(~~~.";'..,,~,.,. Will executed by Robert Vulcan ~n M:.Ze:nan's offic e,which h s •..#....• ;:j.""~,•l .'0/~l",-••$• •'"Jbeenwitnessedby¥r.Z~.man and hi3 wife on the 18th day of MR.BAKER: .....~ . October,1909,for whatever it's:'worth. but we '~re not adrpihing the w ill is pr oved 'in the technical s ens I> authen~i~ity of the~ill ~. coming in to Witnes s the au thent,icity?.Do you admit the •.J. Yes. Do y~u waive the necessity of ,Mr.Zeman I saw your w ill,on the plead:ngs.'Is that the sar.e , I don't obje,ct to ::>ffering'the wHl into evidence, -,as a valid will. .. MR.,BAKER: one? MR.GOLDMAN: MR.GOLDFARB: THE COURT: .,•0(' Z 0( ">-',.>l/lZ ZIIID..i0I-elZ X'l/l0( ~ ..:uit I-!!!Ie0 -'0( u 0::>-, :t..r-N SWi:aS not ;recorded by't~e .stenographed. (At the direction of Mr.'Goldman,off-the-record discussion exhibit).:,:offered iIi evidence,which is a Last 'Nill (purportedlye· uia::IIII-a::oD.IIIa:: I-a::::>0,u .~. ur MR .GOLDFARB:o • It is stipulated betV'een):he parties that the \' executed by the decedent on October 18,190.9,was properly I, witnessed by Robert A.Zeman and 'VIary L.Zeman.. THE COURT:'Now just so the r'ecord iaclear,it is not stipulated that this 'is the Last Will end 'Iestament of Rqbert 122. Vulcan. MR.GOLDFARB:.'That is the cr];lcia~point.We are stipula ing -, "their signatures on tltis'exhibits ,'" THE COURT:I think you said:30methiLg about the Las t,Will. ..,-.."i , .You are stipulating that-is a wilL Last Will,and Tes'tament'of the decedent. . is not intended to mean that this .exhiUt iE or was indeed the r't , 0(MR.GOLDFARB: z 0(>..J>-I/)z ZIIIQ, Zo~THE COURT: :r1Il~MR.GOLDFARB:" I',rn sorry.HoVil ever,said stipulation " Even though the caption 0-:th'€;paper so states. Notwithstan~ingt.1.e c~pticn 'thereon..- I , .....j ,,"........-'.'.,~.:....1 Shirley Valenti l,.1ave not·been supported 'by Eufficient evide'rice that the Court,non-suit 'the appellant aLd d~,iJ1Jss ,the pl~~dings o~the grou nct that'the three points ::'ais~d {f;t~~·#p'e"ti~';6~.~;. ;. •.....,"r .. " ,.~, Do you have any o~her witr:esses? A~y other'witnesEes? ;fN,O. "., A~this time,Your HOLor,J!t"would like toI~~...,.-.'"',A'.11 ,,..t ...i ~.~,.... {.,.,.:.'.s I,".'",r "I I.~~•_~_/~,."to;_'~ ,make a motion in the nature of a,directed v.erdict,'and ask MR.GOLDFARB: THE.COURT:. MR.BAKER: .-:~THE C.OU RT: l-I/) C ..J 0( !::!o :l.., J: I-r-III iii 0: III I-0:oQ, III0: I-0: :lo U .J0( u ii:...o ,to jus'tify a reasonable finding of fad to find on'behalf of Shi~ley Valenti..The th~ee points are stated as to whether or not a.h.the:e:Xi.eDution the decedent was of ,sound mind,that's·tJ:1e.... .first point.The second point,whetrer or not the will was obtain.ed. • 'by'.undue influence;duress,etc.Ar:d the third point as to wh ether or not it was the decedent's.s ign3.tu'r·e on the w~ll of• ,,-I I I~.,. \.I·'. r t.-~.. 123 February 10,1971. f +., ". ,,t :" I,•.'.,I .'!,, \..:".- to the tbird point as to whether cr no~it's the decedent"s signatt re,.' therewas certain testimony by the decedent's,childrehwho are ';., admittedly not ,expert witnesses,and -wnofurther were not realllY :5z c( ~ ~lI!Z ZIdD. zol-e>z J: lI!c( 3: ,in a position to recognize the sig:1ature of their father.In that obvious a way,aS,contrastec by the'testimony of tqe 'f subscribing ~~tne?ses to tJ:1e will,the~e seems to me to be simply not enough evidence presented by the appellant to meet the rather.serious burden of pro.of whi~h the a ppellant is under in this case. \i ~U ll:l-ll! C .J 0( ~THE COURT: :J':" :t~MR.BAKER: N l4\ny 'res pohse to that? ..No. -. was not rec'orded ?y the sten9grapp..er)., (At the direction.of Mr.GOldfarb,::>ff-'the-r'ecord .di"scussion MR.GOLDFARB:The respondant rests;the ?rop:>nent rests. THE COURT:The Court wi'll make an ap-:>rop:--iate order in due time. We are going tq overnule this 'pro forma. t • ~THE COURT:Idl-ll:oD. Id ll: l-ll: :JoU .J 0( Ui;: LI.o MR.BAKER:You can put on the record,,'at the request of Mr. Bob Vulcan and Mrs.Shirley Valent~,I sUPpoe~ned ·the record of Allegheny Airlines by serving Mr·'.tSpellman,the" ,! manager,Eastern Airlines,by serving IAr.Frank Kiley,the manager,North Western Ai!'lines,<:_0]0 by-serving Mr.Nelson .. .'"124.' and Unit~d AirlInes by serving Mr.Bogt with a subpoena duces .•tecum,requesting'that they procuce all passenger lists'on,whicll . Mr.Robert Vulcan appeared on Febr~ary 1 ~or February 10, .~1971.I had a telemone response from Mr.McDermott on ., Airlines,advising me that b.pon examination of their passenger ..'we had a call from Eastern Airlines.anc their district manage ,:'l an~as 'a,result,there .l ~It':¥ lame appeared oil'a 1(:".... ..,.~l ~j I ~4'~a.. t •.' :?'eb\~~Fr,1lth,~~:19?~.i ~n( .:.....flo It" way of verifying whether or not his was no one available who could give JS the info'.rmation Alleg~e,ny A~rlines"W8;sq,ingtq?,D;,'C.T~;:y adv~sed metha,~: ~~'~'..'f~··"I~~.I~'. .~t',I"('.,.'t ~their records are removed f~om the Cp?put~'r,·9.0,df~s;aft~r..the , ...._01"~4 list,tlhlere was no flight c rup0n.upon 'which Mr·;Vulcan's name, ,, flight coupon is purchased~'and as resuH,.they would have no appeared on February 10th and llLl of i971.I'had a call from .and c~>uld find no ticket'coupon on which Mr ..,Vulcan's name , a t the time of this subpoena called for the~to appear.There their cp"assenger lists forgebruary 10:h.a,~d 11th,1971, appeared.I had a res pons e from Mis03 'Forrest of Northwest behalf,of United Airlines;infor~':ng De that United had examinE d ,','pass~.nger list on Febru?-ry~10th'or e " ; «z«>oJ>-ltl Zi;Z \&IDo i 0t-ClZ J:Ul«~ ~.!,! 0:t-·ltl•0 oJ.« u0 ::l',.., :t..t-N, 1 ui0:\&It-o:.0.Do\&I0: t-o: ::l 0U 'oJ(« u lI. ,lI...0 ·e would be,in my ~ind,every reason to believe that.th;ey woulc be either not able to furnish the information requested or they. •I . wouJd have no information which would indicate that the'ir 19.eSSi nger. I ,. '''It".I --------If-----------:---------::-------------------~----I ,j",t ';.125 >",,-,•.'.I,..:~f"" list had Mr.Vulcan's nam~.on i;on 3'ebruary 10;'197L'if I am in error with res pecf to·that,I -N-ill call it to the attent ion of the Court. THE COURT: ., Mr.Baker.just for ihe sake .of the record,wo ld you tell us what the relevancy of :his ~nformation,would have, ,' been,had you been able to obtain it? on February 10.we might have beEll able to establish whether or not he'was actually in the area.-JVher,e the subscribingwitnes~es If we had,been able to obtain information that •Mr.Vulcan had obtained a ticket to Cl~vela.nd or a return BAKER: 0( z· 0(>..J>-~,MR.z1&1a. ioI-eIZ XV) 0( ~ .said they saw him sign the will.In oth:ir words.this was t':1e '-' The record·is now closed;. I move into evid~nce the exhibit offe-rel It is 'so admitted. So that the upshot ofyoJr investigation is that .. in Cleveland on February 10,-,1971. on behalf of Shirley Valenti. . you could not determine that he waE on a plane or in.transit or, I basis upon whiCh this information VIas requested . ,THE COURT: ..:.uitl-V) Ci ..J 0( !:!o ;,THE COURT: :t~"(II fIill: 1&1l-ll:oa-1&1II: I-MR.BAKER:II:::>ou ..J'0( \) ii:l1.o as I understand'alllparties have rest~d.Is that correct? ,MR.GOLDFARB:That is correct.YOl.r Hcnor. , (Proceedings'Closed;. ".. .-\ 120 " Stenographer's Cer-:ificc te .1',•>'j.,,.(. t ..~;, , , ~..... (to· ,) "..~-. "~,'..I",).'. i.~"::~•~.....,r''". .'.~Ji ;c '.'•" ,... J'" ,,.'t.'. BY,the Court. ."I -Certificate of Hea'ring Judge I hereby certify tlfat the proceedihgs and evidence are containe .t ,The foregoing rec ord of the proceea..ings upon the hearing of the above cause is hereby approved and direc ted.to be'filed. cause.and,tha t this copy is a'correct trans::::ript of the same.., fully and accur!ltely in the notes taken by m~,on th~hea:r:ing"of the abo~e.\' •«z«>;J ~III Z Z1&1D. i0l-e>z J:III«~ ..:uii:I-III•C ;J« ~c:J..., J:...r-III ui0:1&1 "I-0:0D.1&10: I-0::J0U ;J<u b:II..0• ,.;.1-\'."~,I'.; LAST WILL AND TESTAMENT BE SI~UATE AT THE TIME OF MY DEATH,L GIVE,DEVlSE AND BEQUEATH MY ESTATE,REAL,PERSONAL OR MIXED,AND WHERESOEVER THE SAME MAY DECLARING NULL AND VOID ANY AND AL(W'LLS AN9 CODICILS BY ME AT AS SO:>N AS CONVENI ENT AFTER MY DECEAS'E.. 1" '".' {, t' I. ;., III .I 00 ! I III!j. i I, [DIRECT MY ~XECUTRI)TO PAY MY JUST iiIHERE~Y'NOMINATE,CONSTITUTE ,AND APPOINT ALL THE REST,RE.SI~U~AND REMAINDER OF I,ROBERT VULCAN,OF THE COUNTY OF WASHINGTON AND FIRST: SECOND: THIRD: DEBTS,THE EXPENSES OF MY LAST ILLNESS AND M1 FUNERAL EXPENSES COMMO~WEALTH'Of PENNSYLVANIA,BE1NG OF S~UND M1ND AND MEMORY, TO MY WIFE,kARGARET VULCAN,ABSOLUTELY. .HERIBr MAKE,PUB~ISH AND DECLARE THIS TO BE ~Y LAST WILL AND TESFA~ENT,IN MANNER AND FO~M FOLLOWING,HEREB~REVOKING AND I II ANY TIME HERETOFORE MADCII II II jl IiIIn 11I I.II 11q ... ,'..,·•... •·. l '. .. ~... .. II MY WifE,MARGARET VULCAN,AS EXECUTR'X OF THIS,MY LAST WILL.ANDII I!TESTI'IMENT,TO SERVE WI THOUT BOND.I Ii ! I IN WITNESS WHEREOF,I,ROB~RT VUL:AN,THE-TESTATOR ! J IIIABOVENAMED,HAVE SUBSCRIBED MY NAME AND AfF"iXED MY SEAL TO THIS,II/IIMYL:AST WILL AND TESTAMENT,TH!IS If)DAY....Of .tVL~l (rO ,I !1971.~Jf!.I II j i II 0/..Irv~L;VI ,~tc -t:'4/1~SE-AL)~ I VULCAN /1Ii 1..\SIGNED,SEALED,PUBLISHED AND DECLARED BY ROBERT VULCAN, II THE ABOVE NAMED TESTATOR,AS AND fOR HIS L~ST WILL AND TESTAMENT, I INOUR PRESENCE AND WE,AT HI$REQU(ST,IN ~IS PRESENCE AND IN THE PRESENCE Of EA~H OTHER HAVE HEREUNTO SUBSCRIBED OUR NAMES AS WITNESSES,CERTifYING THERt~Y THAT THIS AC-IS Of HIS ~WN fREE 1 . WILl AND ACCORD,EXEC.UTED WITH fULL TESTAM~~TA~Y CAPACITY.! •I .'11~uL;;;&:712-??t~J.)f 't:):Jl;u~.~U~;JIUf<d~~(;-C:;·Jfl ~~.7,./_1 WITNESS V{j ADDRESS 1 (/7 J I ~::.:')...t/7~..1.1,l~"<-;f)-/~~#~03f~.····)Lu4v:<J:J.~::JL..~\Z:;~~Ir /W'TNESS-Vzr-.ADDRESS.,:/I ( IN THE COURT OF COMMON PLEAS OF WASHINGTON CCUNTY ,PENNSYLVANIA. ,ORPHANS COu~T DIVISION ' I I1, IIII, fIi INO.63-71-348 ! PETITIO N FJE CITATION SUR APPEALl FRO:"'1 REGISrER IN PROBATING WILL,/! FILED.' OFCOJRT 'DECEEE ( ~ ROBERT VULCAN t DEC'EASED.) IN RE: ES'Jm.'E OF JII',I!jI'IIIiit II 11 III',I11 II l;/" 1-J10~ J Ii II And now,to \'lit,trois C'day of consideration of the annexed Petitio:l,a citation is awarded directed to: Margaret Vulcan.surviving widOw,legatee and Executor of the EstateO'f Robert Vulcan, deceased i, Robert Joseph Vulcan,Jr.,son 0=Robert Vulcan deceased, William Frank Vulcan"sen of Rebert Vulcan, deceased, Shirley Jean Valenti,dcughter of Robert Vulcan,deceased, to show cause why the appeal of Shirley Vale:ltifrom the Decree of the Register of Wills admitting to probat2 a certain writing dated February 10,1971 Ci.s the Last.Will and Tes,tament of Robert Vulcan,deceased sho.11d not be sustained,the Decree set aside and a Jury empanelled to try the following questions of fact: c{l)Whether'or'not.at the·time 0=the execution of said writing decedent was a person of souna"rriind?' (2)Whether~or not the sa:..dwritingwas procured by undue influence,duress and constraint pra.~ticed upon the decedent by Margaret VulcanLand other diverE 'p'ersons related to her,who was then and there"acting in a cO:lfidentialrelation- ship to the decedent? (3)'Whether or not the si;nature c.ppearing at the ". " end of the writing is the signature.of the decedent and 'whether or not it was affixed thereto in th=,presence of the attesting ,1))0 0-o.q . '.JOOn -00 800-00 300-00 ~100-00 ~839-0C - 100- '17 ..is 0 .+ ~4-,0 0 + 1 4(-00 .+ ~839-00 S ~839-00 T 'J.~1~~-:""~ -...,.~~v ~.,-.c"",~~~,,-.,...,...,.,.. '.