HomeMy WebLinkAboutOC1971-0450 - ESTATE OF BAIRENIN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA.
IN RE:)
)
Appointment of Guardian for )No.1so i /97 J)
ANN BAIREN,an alleged )
)
incompetent.)
PETITION FOR APPOINTMENT OF
GUARDIAN
The petition of WILLIAM,J:BAIREN respectfully represents:
1.That your petitioner,William J.Bairen,is a resident
of Bulger,Smith Township,Washington County,Pennsylvania.
2.That the alleged incompetent is Ann Bairen and is
fifty-six years of age,having been born on August 28,1914,has
been a resident of Smith Township,Washington County,Pennsylvania,
i and is now a resident of Torrence State Hospital,Torrence,
Pennsylvania.The alleged incompetent and your petitioner were
married on November 22,1939,and are the parents of two adult
children,Donald J.Bairen and John W.Bairen.
3.That the alleged incompetent,Ann Bairen,has been in
the Torrence State Hospital since August 11,1969,because of
mental incompetency and mental illness.She is unable to manage
her property and is liable to dissipate it or become a victim of
designing persons.
4.The following are the only persons who would be entitled
to a share of the estate of the above named alleged incompetent
if she died intestate at this time:William J.Bairen.The only
estate which the incompetent has is an interest as a tenant by
the entireties in property hereinafter described.
·,.
aI,
5.The total estate of the alleged incompetent consists
as tenant by the entireties with her husband,William J.Bairen,
in the following described real estate:
ALL that certain piece or parcel of ground
situate in the Township of Robinson,County of
Washington and State of Pennsylvania and bounded
and described as follows,to-wit:
BEGINNING at a point in the center of a 40
foot street and on a direct line with the center of
a 30 foot street;thence in an easterly direction in
the center of said 40 foot street,a distance of
87 1/2 feet to a pin;thence in a Northerly direction,
a distance of 100 feet to a pin;thence in a Westerly
direction,a distance of 87 1/2 feet to a pin in the
center of the aforesaid 30 foot street;thence in a
Southerly direction in the center of said 30 foot
street,a distance of 100 feet to the place of beginning.
ALSO,all that certain lot or piece of ground
situate in the Township of Robinson,County of
Washington and State of Pennsylvania,and bounded
and described as follows:
BEGINNING at a pin on line of lands of.Edward Mae-I
ssens and in the center of a street extending North and South;
thence along the Southern line of said lands in an easterly
direction,a distance of 109 feet to a post;thence in a
Southerly direction,a distance of 65 feet to line of
land of Edward Maessens;thence in a Westerly direction
along the line of lands of Jules Gillis,a distance of
109 feet to the center of street;thence along the center
of said street,a distance of 65 feet to a post at line
of other lands of Edward Maessens at the place of beginning.
6.That the alleged incompetent has no income,but your
petitioner desires to sell the property herein described,and a
guardian is necessary to effectuate the sale.
7.Your petitioner has buyers,Andrew G.McCay and
Doris E.McCay,his wife,willing and ready to pay $6,800.00
for the property,which proposed sale is to be made through the
Gaitens Real Estate Agency in McDonald,Washington County,
Pennsylvania.It is the opinion of your petitioner that this
price is fair and reasonable.
8.That the alleged incompetent is not nor has she ever
been a member of the armed services.
Ii
9.That the petitioner is the husband of the alleged
incompetent and has no adverse interests to the alleged incompetent.'
10.That no other Court has ever assumed jurisdiction,
nor has there been any proceeding to determine competency of the I
alleged incompetent and no guardian has heretofore been appointed'
for alleged incompetent in this or in any other jurisdiction.
WHEREFORE,the petitioner pr~ys that Ann Bairen be
adjudged an incompetent and that he be appointed Guardian in the
Estate of Ann Bairen.
COMMONWEALTH OF PEN~T3\'7-,YANIA )
)S5:
)
Before me,the undersigned authority,personally
appeared WILLIAM J.BAIREN
,who,being duly sworn according--------------
to law,depos€6 and say s that the facts S0t forth :in the
foregoing PetitiOD for Appointment of G)]ardian
ate true and correct as he verily believ€6 .
I
Sworn to and subscribed before me
this 28th day of _..tlA..,pL.Lr:..li...l1L..-_'19.....u-.
DARLENE NICHOLAS
':::-I~nt~ry PUL,,;C.¢Iast,:ngtoo,Washillgt{)o Co•
...J .....·'M~LulllllllSSIVJl i:.J.~lIesJanuary 17,.1972.....'-
NO.L,o of 1971
mnmtunttturultl1 nf JrttUl1ylllUuiu
mnuuty nflmU1111iu9tl1u
for
ANN BAlREN,-
an alleged
1Iu ID!lt QIourt of QIOtutuOU 'ltan of mall!liugtou orouutg.'tuullgluauia
(@rpI1Uttl1'Qtnurt lltntl1inu
IN A~~I}lTMENT OF GUARDIAN ~•.~\Qtitatinu ~
Incompetent.(.(
\55:
To:.Am BArREN,.
an alleged Incompetent
Sur Petition of:WILLIAM J.BAIRm .1J.
~rrrttng:
Dr Qtnutm~u~luu,--=-=ANN=.:.:.:.--=B:.:.::;AIREN=·:.1-'_
that,laying aside all business and excuses whatsoever,you do file in the office
of the Clerk of our Orphans'.Court of \Vashington County,a full and com-
plete answer,under oath,to each and every of the averments of the said
petition,on or before Monday ,the 7th day of__--"J'-"u>linew.._
E.D.SoT.,
19-.1!..,at 10:00 o'c1ock_A_.M.l and show cause why the said ANN BAIREN
the alleged incomretent should not be declared so,and a guardian of her estate
appo:i.nted;
.and further abide the order of our said Court in the premIses,
If you fail hereof,the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the 3d day of May,A.D.,,19 ....7=1__
~2J;~
.Clerk of the Orphans'Court
HANNA AND HANNA,
Attorneysfor Petitioner.
(Seal)/
..Esq.
Washington Trust Bldg.,
Washington,Pennsylvania
1,301.
"\,."
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA.
IN RE:)
)
Appointment of Guardian )
)NO.
for ANN BAIREN,an alleged )
)
incompetent.)
o R D E R
of GEORGE K.HANNA,
AND NOW,this~daY of__~~~~~,1971,upon the
facts of the within Petition,and
ESQ.,it is hereby OR~D AND DECREED that a CITATION be issued,
returnable to theE ay of _ - ,1971,at /<V,-'~
-0'clock,fi.M.,E.D.S.T.,thalleged incompetent Show cause
why she should not be declared so;that the above date and time
be the time set for hearing and that notice by registered mail
be given to interested parties at least twenty (20)days prior
to the date of the hearing;the incompetent to be personally
served.
"":...,,"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ANN BAIREN,
an alleged incom petent.
No.450 of 1971
DEC R E E
A ND NOW,June 1',1971,upon consideration of the annexed
petition and after a hearing held following due notice,it is ORDERED AND
DECREED that
ANN BAIREN is adjudged an incompetent.
William J.Bairen is appointed Guardian of the Estate 6f Ann Bairen,
an incompetent.
The said Guardian is directed to file an inventory in accordance
with the provisions of Section ·'102 of the Incompetents I Estates Act of 1955,
as amended.
1971.,
>~'•
~'!I
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA~
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF ANN BAIREN,
an alleged incompetent.
)
)
)
)
)
No.450 of 1971
PETITION OF GUARDIAN TO MAKE PRIVATE SALE
OF REAL ESTATE
The Petition of William J.Bairen,Guardian of the Estate
of Ann Bairen,incompetent,by his attorney,George K.Hanna,ESq.r
respectfully represents:
1.That your petitioner is the Guardian of the Estate
of Ann Bairen,having been appointed on June 9,1971,a copy of
said Decree being attached hereto and made a part hereof and
marked Exhibit "A".
2.That the incompetent whose domicile is Midway,
Washington County,Pennsylvania,is a patient at Torrance State
Hospital.
3.The incompetent's estate consists solely of the
following described real estate:
ALL that certain piece or parcel of ground
situate in the Township of Robinson,County of
Washington and State of Pennsylvania and bounded
and described as follows,to-wit:
,
BEGINNING at a point in the center of a 40
foot street and on a direct line with the center of
a 30 foot street;thence in an easterly direction in
the center of said 40 foot street,a distance of
87!feet to a pin;thence in a Northerly direction,
a 4istance of 100 feet to a pin;thence in a Westerly
direction,a distance of 87!feet to a pin in the
center of the aforesaid 30 foot street;thence in a
Southerly direction in the center of said 30 foot
street,a distance of 100 feet to the place of
beginning.
ALSO,all that certain lot or piece of ground
situate in the Township of Robinson,County of
Washington and State of Pennsylvania,and bounded
and described as follows:
BEGINNING at a pin on line of lands of Edward
Maessens and in the center of a street extending
North and South;thence along the Southern line of
said lands in an easterly direction,a distance of
109 feet to a post;thence in a Southerly direction,
a distance of 65 feet to line of land of Edward
Maessens;thence in a Westerly direction along the
line of lands of Jules Gillis,a distance of 109
feet to the center of street;thence along the
center of said street,a distance of 65 feet to a
post at line of other lands of Edward Maessens at
the place of beginning.
4.The real estate described in Paragraph 3 is owned
by the incompetent and your petitioner,they being husband and
wife,as tenants by the entireties.
5.That the only creditor known to the Guardian is the
Commonwealth of Pennsylvania;although,there is an agreement by
the petitioner and the Commonwealth as to payments for the keep of
the incompetent.
of the
6.That your petitioner has received a bid for the sale I
property in the amount of $6,800.00 from Andrew G.McCay I
and Doris E.McCay,his wife,of Joffre,Smith Township,Washingtop
County,Pennsylvania,said sale having been arranged by Andrew F.
Gaitens,a real estate agent,located in McDonald,Washington
County,Pennsylvania.
7.It is theopinion of your petitioner that this price
is a better price than can be obtained by a public sale of the
real estate,a copy of the agreement of sale is attached hereto
and made a part hereof and marked Exhibit "B".
8.By the filing of this petition,the petitioner as the
other party in interest consents to the sale of this property.
9.It is the opinion of your petitioner that this sale
is to the best interest of the incompetent,it being impossible
-2-
for him under the present circumstances to take care of this
property,and it will only continue to deteriorate to the loss of
both himself and the estate of the incompetent.
10.That there is attached hereto and made a part hereof
and marked Exhibits "C"and "D",affidavits of to competent person
as to the value of the real estate.
11.Your petitioner,therefore,desires that a date be
set for the confirmation by the Court for the sale.
WHEREFORE,your petitioner requests the Court for leave
to sell the real estate at private sale as herein described.
-3-
COMMONWEALTH OF PENNSYLVANIA
COUNTY or WASHINGTON
)
)S8:
)
Before me,the undersigned authority,personally
appeared ....W._i.l;.;l;.;l.;.;·a;;;m...J;..;.••B....a..i ..r..e..n ,
who,being duly sworn according to law,deposes and says
that the facts set forth in the foregoing --------
Petition
verily believe s.
he
Sworn to and subsc.tbed before me
tb1s 11th day of _...J.u,;.,n.e ,1922:....
<-'"_,----DARLeNE NICHOLAS "'~
,'.~NO;ary Public.Washington.Washingttln Co•
•';.,~~'My CommlSSIOO EJ-pires January 17.1972,"
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IN THE COURT OF cOlVIMoNPLEAS OF WASHINGTON COUNTY.
'ORPHANS'COURT DIVISION
AND NOW...·June.·9 ,:1.1971.upon consideration of the:a~exed
The said Guardian Is'directed to file an inventory tn accordance
With the provisions of Section 402 of the Incompetents'Estat~s Act of 1955,
.,
~'if;..
;:Ac:
,.
::~;,;r;.
"
NO.4 50 of 1971
)
)
)
)
)
)
)
DEC R E E
DECREED that .
petition.and after a hearing held following due notice,it is ORDERED AND
~n alleged incompetent.
ESTATE OF
~n incompetent..
ANN BAIRENis adjudged an incompetent.
William J.'Bairen·ts"UlJpointed Guardian of the Estate 6r Ann Bairen,
.~'
IN,UE:
'!','ANN BAIREN.
'"
~-."
",.as amended.
Tile said G~rdtanshall fUe bond with Slufficient surety in the sum of
,$500.00;upon sale ,of real estate,further bond shall be.required.i
-:'.\
By the Court,
P.V!Marino,
,Ex h i bit "A"
.,.
~.:i..·.'{II
~.
Form NA Y..NO.l.l'.('A-Agreement for the Sale·of Real Estate.•.,'_(WithCoal Notlce).'
Adopted _Bar Association in Pennsylvania "
Copyright1969 P.O.Naly Company
For Sale by P.O.Naly Co.,Law Blank Publishers
425 Fourth Avenue,,Pittsburgh,Pa.15219
one thouaGfId·nCne hundred and,eeva.,...."""
IlttnJttn"'··'n~'I.IADII
,"
;.,J;
eta the year 01 Our Lord
,;".,J .'padIes 01 the a"oOtld part.
'IIttnts.BttIJ~Tlklt tM aoed part 01 tMllrat part,for the cOtlBCclsrGttota hereinafter metatCofted.do
Mtr.t,Necutora cmd·Cldmlntlrtratora,oOt1enCJnt,promiBe and agree.to and .cith the aaW
part le9 .of the aecotld part .,Chew''heW.and·aia'g;..,by tM.eFesent••that,the .atd part
......210 un01theIIrstpart,.IkID and .ciD,Oft or before
at tM proper costa cmd charge"of the aoW
Mtr.CJfId aaMgu,by deed 01 general tOGmJtIty,weD and fttflclfmtly grato COfWey and asaUre unto the aaW
IDl1grlQtr tDCth aD and Mngular the btdldi"ge,improwmeat.afld other pram"""hereby clem"'"d,.cith tM appurt8tlCltICea.
I.cOft8CderaHon whereof the 'aCd~hea"COIICI pari,tbaiI'heira,ezecutora cmd Cldmi,,"'tratora.doth
covena"t,prom"'e and agree,to and ,mth tM aatd part of the !irat part heir"and CJ8lrigtl8,by tMae
leo .aIt3bpre"mta,that tM part of tM ""cOtld part heir••ezecutora and admi""'tratora ahaD and teal toeD atld
truly payor C/J'lUe to be paW u"to the laid'.',•e:recutora and CJ.9Mgt18t'atr'.ac::~li'-sad mo/lOO ($6.600.10)Do11.al8,
(I)•,CUI of •••a _,ac ..bdafe Che et.p!Ds of
Chie ~.t,,.of which Ie llenbJ _boW~.
(I)h baltam:e,M.-.GO•.UpGa _11..,01 DacId.,
Exhibit "B"
.',l.'.
,Ta.z68,••~o.be pro-rated as of _ta.f deU.."of Deed.•
Possesswn to be given UJ8R cIeU-"of Deed.
NOTICE-THIS DOCUMENT MAY NOT (DOES NOT)SELL,CONVEY,TRANSFER,INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRmED OR
REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE (HAVE)THE COM-
PLETE LEGAL RIGHT TO REMOVE.ALL OF SUCH COAL AND,IN THAT CONNECTION,DAMAGE MAY RE-
SULT TO THE SURFACE O}<'THE LAND AND ANY HOUSE,BUILDING OR OTHER STRUCTURE ON OR IN
SUCH LAND,THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE OR RESTRICT OR MODIFY ANY LEGAL
RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY THIS INSTRU-
I\lENT,[This notice is set forth in the manner provided in'Section 1 of the Act of July 17,1957,P.L.984,as amended,and
is not intended as notice of unrecorded instruments,if any.].
And for the true performance of aZlland every the covenants atid agreements aforesaid,each of the said parties bind~th
himself,his heir8,executor8 and administrot6r8,untl)the other,hi.!executors,administrators and assigns,firmly by
these preaents.
The deed to be 'delivered will contain the notice prescribed by the Bituminous Mine Subsidence and Land Conservation Act of
1966,which notice the part tee of the second part hereby covenant(s)and agree(s)to sign on delivery of the deed.
3ht mitnl'ss .111'rl'o!.The said parties to this agreement have hereunto set their ham!8 and sea18 the day and year
..'.--._-_..---.---.......-----------._-_.........._-_.._--....--_......-....--_..---_...._.-----_....
,.JI~c:.;{i01~~~..-~
....,-____--_.____..~
"~,""'~'''-~.''.1!2C~_·--·--·e~-f:l1Ie(/./t=··_········.e
On thia dGtI 01 A.D.19
rome theabow named
'"alid lor 8CIid
and
be recorded as 8uch.
acknowledge the !&r'lgoing Agreement to be
,seal.
act and lUJed,tl)the end that it mall
..to,.,.."..•..,~.,~
I,
A F F I D A V I T
______W_1_·l_l__i_a_m__R_.__S_a__u_s_s_e_r ,have inspected
the real/property to be sold;that I am acquainted with the
~.,~~f
value of real estate in the locality of the property;that I
am not personally interested in the proposed sale and in my
opinion the price to be paid at the proposed private sale is more
than can be obtained by public sale.
Sworn to and subscribed before
me this 10th day of June,1971.
DARt ,NE NICHOLAS .
I~(ll~r,PullilL."""shlOglon.Washington Co.
~iy '..viil IiI~SIUIi t.p'Ies JanL!ary 17.1iZ2
Exhibit "C"
I~
A F F I D A V I T
________~J~o~h~n~S~o~l~o~m~o~n~,have inspected
the real property to be sold;that I am acquainted with the
value of real estate in the locality of the property;that I
am not personally interested in the proposed sale and in my
opinion the price to be paid at the proposed private sale is more
than can be obtained by public sale.
Sworn to and subscribed before
me this 10th day of June,1971.
DARLENE NICHOLA~
t;otary Public,Washington,WashiTlgt~n Co.
~j Commisslor]Expiles January 17,1972
Exhibit "D"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF ANN BAIREN,
an alleged incompetent.
)
)
)
)
)
)
No.450 of 1971
o R D E R
e real estate of Ann Bairen,incompetent;notice of-sale sale,
_~::!:::!!:::::J::::wQlooooL_'1971,at II;~o'clock,d-.M.,is
set as the date of final confirmation for the private saleher
AND NOW,this ;JI~y of June,1971,on the moti~
of GEORGE K.HANNA,ESQ.,Attorney for Petitioner,the ~t?-aay
of
shall be given to interested parties by Registered Mail.
By the Co rt,/.
;.
..
nI
I
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA I.
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF ANN BAIREN,)NO.450 of 1971
)
an alleged incompetent.)
-FINAL DECREE
-rJ-AND NOW,this gf day of June,1971,hearing having been
held in open Court after proper notice according to Order of
Court;and no additional bids having been made at said hearing,
the private sale of the property of Ann Bairen,an alleged
incompetent,to Andrew G.McCay and Doris E.McCay,his wife,
I is hereby confirmed.The total purchase is $6,800.00,and the
property which is the sUbject of this sale is described as follow~:
I
II
I
II
II
II
II
II
ALL that certain piece or parcel of ground
situate in the Township of Robinson,County of
Washington and State of Pennsylvania and bounded
and described as follows,to-wit:
BEGINNING at a point in the center of a 40
foot street and on a direct line with the center of
a 30 foot street;thence in an easterly direction in
the center of said 40 foot street,a distance of
87 1/2 feet to a pin;thence in a Northerly direction,
a distance of 100 feet to a pin;thence in a Westerly
direction,a distance if 87 1/2 feet to a pin in the
center of the aforesaid 30 foot street;thence in a
Southerly direction in the center of said 30 foot
street,a distance of 100 feet to the place of beginning.
ALSO,all that certain lot or piece of ground
situate in the Township of Robinson,County of
Washington and State of Pennsylvania,and bounded and
described as follows:
BEGINNING at a pin on line of lands of Edward
Maessens and in the center of a street extending
North and South;thence along the Southern line of
said lands in an easterly direction,a distance of
109 feet to a post;thence in a Southerly direction,
a distance of 65 feet to line of land of Edward
Maessens;thence in a Westerly direction along the
line of lands of Jules Gillis,a distance of 109
feet to the center of street;thence along the
center of said street,a distance of 65 feet to a
post at line of other lands of Edward Maessens at
the place of beginning.
STATE OF PENNSYLVANIA
COUNTY OF WESTMORELAND
Saul Greizman,M.D.,being duly affirmed according to law deposes
and says:
1.That he is a practicing physician,re sident :at the Torrance State
Hospital,Torrance,Pennsylvania,and is connected with the Torrance
State Hospital as Acting Superintendent.
2.That Mrs.Ann Bokulish Bairen,a resident of the County of
Washington,State of Pennsylvania,was admitted to the Torrance State
Hospital at Torrance,Pennsylvania,on August 11,1969,in accordance
with the Mental Health and Mental Retardation Act of 1966.
3.That upon admission of the said Ann Bokulish Bairen on August 11,
1969,to the said hospital,her mental condition was such as to require
detention and treatment in a hospital for mental troubles.
4.That the said Ann Bokulish Bairen is so mentally ill that she is
unable to take care of her property and in consequence thereof is liable to
dissipate or lose the same and become the victim of designing persons.
5.That the general condition of the said Ann Bokulish Bairen is such
that her welfare would not be promoted by her pre sence in Washington Count
Court.
6.That the prognosis for her recovery is poor,as the illness from
which Mrs.Bairen is suffering is such that it progressively becomes worse
with the passage of time,in spite
Sworn and subscribed before me
this 12 day of May 1971
~I ~..Af'~..'.:~/~
/
•\M Notary PublicLlLLlI\N Meed\\I s 1973..Expires october •tl'y Commission
of any k~own treatment.
zJad~~Saul Greizma M.D.
Acting Superintendent
M.D.
Iv
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA.
IN RE:)
)
APPOINTMENT OF GUARDIAN )
)NO.~50 of 1971.
FOR ANN BAIREN,an alleged )
)
incompetent.)
AFFIDAVIT OF SERVICEIt
I
Ii,COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
)
)
)
SS:
Personally appeared before me,the undersigned authority,
___J_u_li_a_p._o_A_ll_i_s_o_n_,_R_oN_o ,who,being duly sworn according
to law,deposes and says that he did serve 'a copy of a Petition
to Appoint a Guardian,on Ann Bairen,an alleged incompetent,at
Torrence State Hospital,Torrence,Pennsylvania,on__M__a~y_'6~,~~
________________,1971,by handing to her the said copy of
Petition to Appoint a Guardian,and making known to her the
contents thereof.
(
Sworn to and subscribed before me
6,th day of May'this________,1971.
l
bn'l ;J ;'J1"CLAIN,Notary P,ub\to~,..~•l.I ••\.I
My Commission Expires Otlob.e.r 8,19l1
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No.450 of 1971,
IN'HE:
ESTATE OF ANN
an ·,alieged'
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF ANN BAIREN,
an alleged incompetent.
)
)
)
)
)
No.450 of 1971
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
•
Before me,the undersigned authority,personally appeared
GEORGE K.HANNA,who,being duly sworn according to law,deposes a d
says that he is the attorney in the above captioned estate;that
as said attorney,he did mail a notice of hearing of final con-
firmation for the private sale of the real estate of Ann Bairen,
incompetent;that the said notice of hearing was sent to intereste
parties by Registered Mail;that the said notices were mailed at
Washington,Pennsylvania,on June 11,1971,and duly received as
shown by the return receipts of the delivery of said registered
letter containing the said notice,which said receipts are attache
Sworn to and subscribed before me
this,28th day of June,1971.
,DARLENE NICHOLAS
r~Olll/Y Puolic.washington.Washington Co"
,tdY Commission ~Ilifes J(lDU8a}.k 1i1.I
REGISTERED NO.l3369 POSTMARK OF
Restricted $Delivery
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Coverage may not exceed the limit fixed for the registry fee paid.
Consult postmaster for additional details of insurance limits and
coverage for domestic registered m.ail.
FILING CLAIM··-Claim must be filed within 1 year from the date of
mailing.Present this receipt and submit evidence of value,cost of
repairs,or cost of duplication.- .
'FOREIGN COUNTRIES--Consult posti'lla~er as to insurance coverag~
on registered articles addressed to foreign countries...._....
GPO 19U9-aDU.197
POD Form 3806,'July 1969 "
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.SAVETHIS~RECEIPT FOR REGISTERED MAIL "COVERAGE~-Domestic insurance for registered mail is limited to
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placeme,nf;if lost or totally damaged,or (2)the cost of repairs.
Coverage may/flot exceed the limit fixed for the registry fee paid.
Consult postmaster for additional details of insurance limits and
,coverage for domestic registered mail.
!FILING CLAIM--Claim must be filed within 1 year from the date of
I mailing.Present this receipt and submit evi.den~e of value,cost of
.repairs,or cost of duplication.
I FOREIGN COUNTRIES--Consult postmaster as to insurance coverag~
on registered articles addressed to foreign countries.
POD Form 3806,July 1969 •
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SAVE THIS REC,EIPT FOR REGISTERED MAIL
:COVERAGE~--Domestic insurance for registered mail is limited to
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:Coverage may not exceed the limit fixed for the registry fee paid.
;Consult postmaster for additional details of insurance limits and
'coverage for domestic registered mail.
;FILING CLAIM--Claim must be filed within 1 year from the date of
,mailing.Present this receipt and submit evidence of value,cost of
repairs,or cost of duplication.
FOREIGN COUNTRIES-Consult postmaster as to insurance coverage '.
on registered articles addressed to foreign countries.
POD Form 3806,July 1969 '
GPO 196~35B·1e7
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I ..~IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENN
ORPHANS'COURT DIVISION
No.4 50 of 1971
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THE HONORABLE P.VINCENT MARINO,Judg~
of the said Court.
PROCEEDINGS ON PETITION OF GUARDIAN TO MAKE PRIVATE
SALE OF REAL ESTATE
ESTATE OF
ANN BAIREN,
IN RE:
~an incom petent.
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ie~BEFORE:iVI;
estate,Your Honor.
George Hanna.This is the return date for the private sale of real
~~APPEARANCES:IIIQ..0(
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THE COURT:
JOHN SOLOMON,ESQ.,of Washington,Penna.,
for George K.Hanna,Esq.,representing the
Petitioner.
Monday,June 28,1971,at 10:00 o'clock A.M.,
EDST.
I am here for the estate of Ann Bairen for
Mr.Solomon,may we have your Petition now?
MR.SOLOMON:If Your Honor pleas e,this is the time set by
Your Honor13lble Court to determine the Petition of the Guardian
in the estate of Ann Bairen for the private sale of real estate.I
believe the Petition is in order,Your Honor,and I submit now for
the Court's consideration to be filed with the record papers the
Affidavit of Service of the interested parties in this estate.We
have had no objections or other further response to this proceeding
Your Honor.
2
THE COURT:
MR.SOLOMON:
THE COURT:
Were you required to make any advertisement?
No,sir,Your Honor.
And all the parties were served by registered
cZ~mail?
(II
~MR.SOL0MON:Yes,Your Honor.And one of the parties isbIII.
ig presently in Court and those are the return receipts in mailing of
C!lzi
(II the proper notices of this hearing.;
ti THE COURT:The Affidavit of Service as presented to the Cou t
EQ will be ordered filed and made part of this record.Do you have a...cUQ propos ed decree for us,Mr.Solomon?
;).,
5 MR.SOLOMON:
iii0:~THE COURT:
2~MR.SOLOMON
~;)8 THE COURT:
~~MR.SOLOMON:
II.o
I do not,Your Honor.
Will you prepare one?
I will prepare one and submit it to the Court tod ~y.
What are we selling here?
We are selling a parcel of real estate,Your Hor or,
that is described as being in Robinson Township;two parcels of
real estate with a dwelling erected thereon,a frame dwelling.
THE COURT:
MR.SOLOMON:
And the consideration price is $6,800.OO?
That is correct,Your Honor.That is a sum which
we considered to be a proper sale price,and in our opinion,a pric;
whi.ch would E3xceed that which might be received in a public sale.
THE COURT:Is there anyone in Court at this time who desire
3
to be heard in the matter of the private sale of real estate in the es ate
of Ann Barien,an alleged incompetent,at Number 450 of 1971 ?
The Petition being considered by the Court is for the sale of real
estate situate in Robinson Township,Wash ington County,Pa.,to
the grantees,Mr.and Mrs.McCay for the consideration or price
$6,800.00 for the property described in the Petition.Is there anyo e
in Court at this time that desires to pay more than the sum of
$6,800.00 for these d escribeEl properties?
(NO RESPONSE)
THE COURT:There being no response,the Court will execute
a proper decree for the advance thereof pres ented tothe Court.
MR.SOLOMON:Thank you very much,Your Honor.
(Proceedings Closed).
I hereby certify that the proceedings and evidence are contai.ned ful y
and accurately in the notes taken by me on the hearing of the above cause,
and that this copy is a correct transcript of the same.
The foregoing record of the proceedings upon the hearing of the
above caus e is
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'coURT DIVISION
set for the hearing on a Petition for Appointment of)Guar ian
THE COURT:the
No.450 of 1971
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)
)
)
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If the Court please,this was the date
THE HON)RABLE P.VINCENT MARINO,Judge
of the said Court.
Mr.Hanna,are you ready to proceed wit
Monday,June 7,1971,at 10:00 o'clock>.
A.M.,EDST.
Yes,I am,Your Honor.
GEORGE K.HANNA,ESQ.,of Washington,P .,
representing the Petitioner.
You may proceed.
Bairen estate?
THE COURT:
ANN BAIREN,
TIME:
MR.HANNA:
IN .RE:
ESTATE OF
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of Ann Bairen.I'd like to call her husband,William J.
Bairen,the Petitioner.
THE COURT::Mr.Hanna,have notices been given in
accordance with the COlxrt's Interlocutory Order?
signed by Julia P.Allison,showing personal service on
Ann Bairen at Torrance State Hospital on May 6,1971,and
Yes.I have here an Affidavit of ServicMR.HANNA:
2
also an Affidavit by Dr.Saul Greizman,Acting Superinten ent,
stating that Mrs.Bairen was admitted to the Torrance Sta e
Hospital on August 11,1966;that she is so mentally ill
that she is incapable of taking care of her own property.
And also that her welfare would not be promoted by having
her pre sence in the Coutt at this time.
~TIlli COURT:Who makes the Affidavit of Service on t ez~~alleged incompetent?>-IIIZ~MR.HANNA:A nurse,Julia P.Allison.n.
alleged incompetent who~were required to be served?
over 21.They would really have no interest in this as fa
MR.HANNA:
MR.HANNA:
he
They are ',-bot
It is sworn to on May 6,1971.
Is it sworn to?
They both live in Midw~y.
As son,wouldn't they inherit under the
Now are there any relatives other than
Yes,they would.Of course,the only ma ter,
What about them?Where are they at?
There were only two sons involved.
Intestate Law?
a s I could see.
THE COURT:
MR.HANNA:
MR.HANNA:
~THE COURT:~t'ZiIII<I:~THE COURT:
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I realize of course,that the guardianship covers any pro erty
which she may have.But the only property,as will be
developeg,that she has 1st a property owned by entireties
with her husband,just a piece of real e sta te.She has
no other income,no other property whatsoever.
THE COURT:Would,the husband who is here be able t
3
testify that the children know of this proceeding?
MR.HANNA:
.THE COURT:
MR.HANNA:
Yes.
We will hear the witness.
lId like to have the Affidavit of Servi e
and the Affidavit by Dr.Greizman entered into evidence
and made part of the record.
COURT:The Affidavit,of Service having complie
i\
with statutory requirements and with the Interlocutory
Order of this Court,is received in evidence and made par
of this record.The Affidavit of Dr.Saul Greizman who is
the practicing p1ysician and resident at the Torrance
State Hospital concerning the condition of Mrs.Ann BOKulish
'13a-iren,:whosiss tp..e.'samenperson as Ann Bairen,the alleged
incompetent,is also received in evidence and made part
of this record.It indicating that the said alleged
incompetent is a patient at Torrance State Hospital,Torr nee,
Pa.,which is a State Institution.And we therefore are
able to receive the said Affidavit of Dr.Saul Greizman i
evidence as an ex-parte affidavit without his being calle
personally because of the Act of Assembly so providing.
You may proceed,Mr.Hanna.
4
WILLIAM J.BAIREN IS CALLED AND SWORN.
EXAMINATION BY MR.HANNA:
Q What is your name?
A William J.Bairen.
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And where do you live?
Midway',Pa.
How old are you?
58.
How long have 'you lived in Midway?
About 26 years,27.
What is your wife's name?
Ann .
And how old is she?
She is 57.
When were you and she married?
November 22,1939.
How many children doyou and she have?
Two boys.
Their names and ages?
One is Donald James Bairen and the other one is John Will am
Bairen.
How old is Donald?
Don is 20 years old.
And John?
John will be 28 on June 14 of this month.
Does Donald live with you?
Yes,he does.
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He knows of this hearing?
Yes,he does.
What about John?
He does too.
Where .does hel ive?
He lives in Bulger,Candor Road,R.D.1.
Where is John now?
He's home right now.
Would you tell us where your wife is now?
Over at Torrance state Hospital.
When was she taken there?
She was taken in on August 11.
What year.?
1969.It will be two years.
Would you tell us the circumstances surrounding your
taking her in there?
Well,I noticed that she couldn't sign her name and thing3
like that,and then she was doing all kinds of radical th~gs
around home,pulling curtain rods down and trying to make
a fire out of it.And she burned the floor up with the irpn
and things like that.
How did you get her in there?What doctors did you take h~r
to?
A I had to take her to an eye doctor and I thought maybe sh~
needed glasses.
Q No,no,excuse me.On that day,who did you take her to?
What doctors did you take her to?
----------~----------------------------.-----
6
A I had to take her down Jim Hughey's.
Q Did he sign a-form?
A He told me that you ought to see a guy from down Bulger ttere
with getting the papers filled out and they'd send her OVEr
to the hospital.His name is the one from Bulger there,
I can't think of his name.A beer distributor in Bulger
there,whatever his name was.It's on my mind.
Are you thinking of Gino Bianchi?
Yes.
He worked for what department?
He's a beer distributor.But he works over here too somet mes
in,charge of the ho spital and things like that.He take s f <,:_:',
patients over.
He works for what we call the Institution District.
Something like tm t,yes.
How did she get to Torrance?Who took her there?
I took her in.
Who was with you?
My youngest son.
What doctor signed the Petition?
Well,I had two of them.Jim Hughey and then this one do~
at---Dr~Hotson down~Oakdale.
Has she been in Torrance continuouslY since that date?
Ye s,she ha s.
Would you tell us what her present condition is?
Well,right now when I go to get her out she just asked m
"Oh,my,are you here."And she won't say nothing and her
7
mind is days away.
Doe s she recognize you?
Very little.She don't even know my name.
What about her physical condition?How much does she weig~?
Well,she weighed before she was sick,150 pounds;and
right now she's down to 90 pounds.
Besides not recognizing you,what other thing does she do~
I didn't hear it."
Wnat other thing does she do besides not recognizing you?
She don't talk.And in other words,her sister is over th re
too and I have them both in the car,one in the front and
in the back,and neither one of them talk to one another.
Rose don't talk to her;Ann don't talk to her.
Are you saying she also has a sister who is in the hospit~l?
That's right.
And they don't necessarily talk to each other?
They don't,no,sir.
When did you first notice anything strange about your wif~'s
condition?
Well,I noticed her,it was gradually back in '63,after ~he
got burned.
Would you tell us how she got burned?
Her and the neighbor,they was burning the caterpillars
with gasoline and the gasoline ignited from the pan and gpt -
on fire.
Q How badly burned was she?
A ~cross her chest andon her arm and a little bit on her
8
forehead,not much.
Q And what changes did you notice?
A Well then,"I noticed gradually,and she couldnIt even hare ly
move her arm.And she was acting different ways and would It
even go out to visit noboody.And in ten,fifteen minutes
time she wanted to go home and things like that.
Q You had mentioned before about her writing.What had happ ned
.to her?
A Her writing,she couldn't even write her name;didn't know how to
write no cards or sign the cards and things like thEft.
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Had sheknowp·how :tQ write previously before this?
Oh,yes.She was a good writer before,yes.
What else did she do besides walk out of people's homes?
She'd walk out of the house and take off and never come back and
we'd have to go and look for her.
Did she leave often?
Well,certain times;not often,yes.\One:cilme she visited her brotheY'
up there and they called my son to COme up and get her.She got up
there with somebody that recognized her and my boy came up and br<ught
her home.
In other words,were you always having to go out and try to find her
A At certain times I would,yes,sir.
Q What about her ability to handle money?
A Handle money?She wouldn't,know---she'd put something away and
she never could find it.
Q Did she understand how to give change jor example?
A No.Towards the end she didn't know how to give change or didn't kn<w
how much she had.
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Did she handle the money in the house?
You mean before?
Yes.
Well,she did;she was pretty gocrl at it.She'd know where you put
it and things 1ike that.
She'd make money orders and things like that?
Money orders,writes things out for rr,e and everything.Now I got
to do it.
What happened after she started getting ill?What happened after 196 ~?
Well,just like I said,she tried to burn those drapes and things dowr,
you know,and tried to make a fire in the house.She said she was ccld.
I thought there's something wrong there.
What about her ability to write money orders after 1963?
She couldn't do it either.
What would she do?
She'd just try to write her name.She'd write somebody else's name
on it.She couldn't spell her last name.She couldn't even write her
first name.
Q Did she understand amounts of money?
A No.
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of han.dling her own affairs-?now?
Right now?No,she wouldn't.
What prope rty does your wife have?
Just what we'have down Midway there.
Are you talking about the real estate?
The real estate,yes.
In whos e naIr:e is it?
It's on my natre and on my wife's name.
Othe r than this real estate does she have any other income?
None at all.
She gets no Social Security?
No Social Security,no,sir.,
She has no bank account of her own?
No bank account of her own at all.
Is there a bank account in your name and her nam e?
No.I have one on my son,that's all ..I have me and my son.
Does she own any other,either personal property or real property
other than this house that you and she own together?
No,sir,she don't.
For the Court's information,what are you intending to do with this hpuse ?
I was figuring 'on selling it and then buy myself a little trailer for mE
and my young boy to live in the trailer.
Q Why do you feel you have to leave the house?
A It's too much work for me and I couldn't take care of it and the upkeE p
on it.There's a lot of work for me to do and I wasn't 'working in the
mean time.
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Q Do you have abuy,er..:?'?
A I do.
What is the purchase?price or what is the agreed price with the buye ?
Right now it's $6800.00.
Did you have a real estate agent handling the sale of this property
for you?
I do.
What is his name?
Mr.Gaitens down in'McDonald.
Are the names of the buyers Andrew McCay and Doris McCay?
Right.
Where do they live?
They did live over at Florence,Pa.They're staying right now with
their in-laws in Ambridge until they get straightened out.They're Ie ting
me know.
When is the last time you saw your wife?
Three weeks ago.That was in the last month.May.
How often haveyou been visiting her?
As often as I could.I'm working ~ow,but when I wasn't working on
11
Sundays I'd go and see her as often as I could.
twice a month sometimes I'd go to see her.
Once a month or
Q When you saw her two weeks ago,describe her condition again to us
A Well,she would just act---her fingers are all down to bones and
no leaders in them.Her arms is sma~l,her shoulders are down,her
·legs are about as big as my arm right now.
Q How is her mental attitude?
12
A Well,she just takes her pills and things like that,that's all.She's
on a diabetic diet right now.She don't eat Viery much they tell me.
Q Does she talk to you?
A She don't even talk.She'd just look at you and that's it.
Q Does the Court have any questions?
EXAMINATION BY THE COURT:
Q Mr.Bairen,was your wife ever a member of the Armed Services of
the United States of America?
A No,sir.
Q Wereyou ever a memberof the Armed Services?
A No,sir.
Q And your wife gets no benefits of any kind then?
A No,she doesn't.
Q She isn't collecting Social SlelCUrity or anything of that nature?
A She does not.
Q Where do you work?
A I got started at the Bridgeville State Hospital down below Preston
and Carnegie there.
Q Where had you been working before?
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A I had been working at the Taylor Forg~JCarnegie.
Q What happened the re?
A It went down and they're slacking up.1li.ere's only 11 men working ri~ht
now and 11m laid off.Twice I was laid off this last year this time and
this year again.
Q What would be the advantage of your selling this property and going
into a trailer?
A Well,I thought it would be somewhat a little bit easier for me to han~le
than handling that house.It's too much work in a home;where a traOler
is on a level floor.
Q How many rOOms in the hous e?
A I have six rOOms.
Q And who is living in the house now,just you?
A Just me and my youngest son.
Q Your youngest son?
A Yes.
Q He's 20 years old?
A Yes.
Q He win be on his own prE!tty soon,won't he?
A I imagine so.
Q Is he through school?
A He went through school,yes,he did.
Q What is he doing now?
A He's working at the Airport.
13
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Q You feel it would be more advantageous to live in a trailer?
A Yes.
(At the direction of the Court,off-the-record discussfon:1 was not
recorded by the st enographer).
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Now just for the record,we are going to inquire of you,Mr.Bairen,
you understand,do you,that if the Court appoints you as guardian 0
this person,even though she is your wife,you are required by law
to account to this Court for all the money that you receive in the mat er
of her guardianship.Do you know that?
Yes.
What education have you had,Mr.Bairen?
Well,I only went up to the 8th grade in school.That's all I did.
Well,you know how to read and write and figure numbers?
I do.
iii
ffi Q So it wouldn't be hard for you to account,keep an account of the money
l-ll:o~you receive and the money that is spent.
l-ll:8 A No.
~u Q You can do that?ii:...o
Ii,Yes,sir.
Q That wou ld have to be done eventually through your attorney.You
will have to report that to the Court.We are not suggesting that
theremight be a whole lot to report because we don't know how long
your wife is going to be at Torrance.But you are willing to do that?
A I am.
---._-------
15
Q And then later on your attorney will contact Torrance and see how
the thing would come out ifyou should sell the property at the price
that you suggest.He will explain that to you and you will know more
about it.Undoubtedly.the hospital is going to require some of the
money to be set aside for her.You understand that?
A Yes.
Q Becal se you as her husband are responsible for her support.
A Right.
Q For instance.if she were sick and at home,you'd have to support
her.wouldn't you?
A I would,yes.
Q Soyou are still res pons ible for her support even though she is in
Torrance.You understand that?
A Yes.I made that agreement over at Torrance.They said you pay
so much and I had written it out and I have the agreement right at ho ne
about it.I pay her so much every month.
Q That is more or less of a temporary agreement and that would be
displaced when you would have money coming in from the sale of
real estate.
A That's right.
Q And your wife has no bank account in her own name?
A She don't have nothing at all.
Q No "E"Bonds or anything like that?
A No.sir.
---------------------~---
16
Q Was your wife ever employed outside the horne?
A Well,she did a little side job down in McDonald.She worked for
Finney's.That's before she was sick before w~e~we're·ma:rried.
Q You were married in what year?
A '39.
Q So as far as you know she wouldn't have any credits because of her
(Proceedings Closed).
No.
No,she don't.
All right.I think that will be all,sir.Thank you.
of anyth ing towards that.
Social Security went into effect around 1937,so she wouldn't have ml ch
employment for Social Security?~z<>..I>-~Az
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::l.,~I hereby certifyrthat the proceedings and evidence are contained full;>
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The foregoing record of the proceedings upon the hearing of the abov~
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correct transcript of the same.
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cause is hereby approved and directed to be filed.
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