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HomeMy WebLinkAboutOC1971-0479 - ESTATE OF BEVERIDGEIn re:Appointment of Guardian )In the Court of Common··for the Estate of Mary E.Beveridge,)Pleas of Washington··also known as f'Iary ~~.Beveridge and ).County,Pennsylvania··Mrs.David Beveridge,an alleged )Orphans'Court Division· incompetent )No.i 7T of 1971,Q;:::C:::; PETITION FOR APPOINTMENT OF A GUARDIAN OF THE ESTATE OF AN ALLEGED INCOMPETENT-_---::;.=~ TO THE HONORABLE,THE ,JUDGES OF SAID COURT: The Petition of Frederick J.McClay respectfully represents: 1.That your petitioner was for many years a practicing dentist in the City of Washington,Wash~ngton County, Pennsylvania;that he now lives in Wharton Township,Fayette County,Pennsylvania,(Post Office address being Gibbon Glade, Pennsylvania 1.5440);that he is a long time friend of and a person interested in the welfare of Mary E.Beveridge,also known as Mary M.Beveridge and Mrs.David Beveridge. 2.That the said TJIary E.Beveridge,also known as Mary H.Beveri dge and Mrs.David Beveridge,is the wi dow of Dr. David Beveridge,who died April 20,1971,aged 91,in the #ash- ington Hospital Extended Care F'acility,where he had been a patient for over two years;that Dr.David Beveridge had been a practicing physician in the City of Washington,Pennsylvania,for over fifty years,maintaining an office at No.2 West Wylie Avernle in said City. 3.That the said Mary E.Beveridge,also known as Mary M.Beveridge and Mrs.David Beveridge is in her 88th year, having been born on June 17,1883;that for the past two years she has been a patient in the Washington Hospital Extended Care Facility;that she is now a bed patient ~nd was unable to be present at her husband's funeral service. ~..That the said Mary E.Beveridge,also known as Mary M.Beveridge and Mrs.David Beveridge,because of mental infirmities of old age,mental illness and mental deficiencies, is unable to manage her property and is liable to dissipate it or become the victim of designing persons. 5.That the estate of the alleged incompetent at this time is as follows: a.A house and lot at 830 Allison Avenue, Washington,Pennsylvania,of the approximate value of $25,000.00 and conveyed to David Beveridge and Mary E.Beveridge,his wife, as tenants by the entireties. b.Four or five bank accounts in various banking institutions in Washington County, Pennsylvania,in the joint names of the alleged incompetent and her husband, David Beveridge,the total balance in said accounts at the time of the death of David Beveridge,on April 20,1971,being slightly in excess of $250,000.00. 6.That the alleged incompetent is survived by one brother,Walter B.Miller,who resides at 2944 Anniston Road, Jacksonville,Florida 32216. - 2 - 7.That there are no persons residing vuthin the Commonwealth of Pennsylvania who are sui juris and would be entitIed to share in her estate if she died intestate at this time. 8.That because of the physical and mental condition of the alleged incompetent,she will not be able to appear in Court at the time of the hearing of this Petition. 9.That Mary E.Beveridge,also known as Mary M. Beveridge and Mrs.David Beveridge,the alleged incompetent,has no guardian of her estate. WHEBEFORE,your petitioner prays that this Court adjudicate Mary E.Beveridge,also known as Mary M.Beveridge and Mrs.David Beveridge to be an incompetent and to appoint a guardian of her estate. COMMONltIEALTH OF PENNSYLVANIA ss: COUNTY OF WASHINGTON Before me,the undersigned authority,personally appeared Frederick J.McClay,the within p etitioner,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition are true and correct as he verily believes. My Commission Expires: - 3 - lu m~t aIourt of aIommnn 'ltali of iIali~ington aIounty,Jtnnliyluania IN RE:.@rpqUttli'OIourt 1aitltlitOtt APPOINTMENT OF GUARDIAN (( for the Estate of )) :~i ~::~~ig~'an~/k/a (~ill ttalton \.)NO.479 of 1971 MRS.DA VID ~VEHIDGE 1._ an alleged Incompetent.)) OIOUt1UOUlurultl1 of Jruuliyluatttu I !ili:OInuuty of ·lIU!i11ittytntt ) HARY E.BE VERIDGE,also known as To:HARY H.ffiVERIDGE,and MRS.DAVID BEVERIDGE, Sur Petition of:.FREDERICK J.McCLAY ~r.r~tin9: mr QIouunuurt iou,HARY E.BEVERIDGE,a/k/a MARY M.BEVERIOOE and MRS.DA vm BE VERmGE,...., /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 al}d com- plete answer,under oath,to each and every of the averments of the said· petition,on or before---,-_--'M'""".o~n~d~ay,J_--,the 7th day of_---:J::..::un=e _ 19--lL,at 11:00 o'clock_A_.M.,and show cause why_the said MARY E. BEVERIDGE,aka MARY ~1.BEVERI1?GE and MRS.DAVID BEVERIDGE,should not be declared an Incompetent and a guardian of her estate appointed; .. and further abide the order of our said Court in the premIses, If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against you. WITNESS the Honorable P.Vincent Marino,Judge of our said Court, at Washington,Penna.,the 10th day of May,A.D.,,19~1__. t8~--4L8 ?n~~ Clerk of the Orphans'Court G.ASmON BOOWNIEE,ES-Q. Attorney for Petitioner.\oJashington Trust Bldg.~Wasnington,Pa.,15;01 (Seal) '. PRELIMIN~RY ORDER /cJ,; AND NOW,MaY.)f,1971,upon presentation of the within is of the within and it is directed that(lI[alter H.Miller,a brother ofche alleged incompetent,residing in Jacksonville,F'lorida,be given twenty (20)days notice thereof by registered letter and that personal notice of the filing of this Petition and of the time fixed for the hearing thereon,together with a copy of the within Petition and Preliminary Order,be served upon the alleged incompetent. ,-, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION In Re: Estate of MARY E.BEVERIDGE,a/k/a MARY M.BEVERIDGE,a/k/a MRS.DAVID BEVERIDGE, an alleged incompetent. o )(o )( () )( o )(o No.479 of 1971,~- DECREE AND NOW,June 15,1971,upon consideration of the annexed petition and after a hearing held following due notice,it is ORDERED AND DECREED that Mary E.Beveridge,also known as Mary M.Beveridge,also known as Mrs.David Beveridge,is adjudged an incompetent. Mellon National Bank and Trust Company is appointed Guardian of the Estate of Mary E.Be.reridge,a/k/a Mary M.Beveridge,a/k/a Mrs.Davi Beveridge,an incompetent. The said Guardian is directed to file an inventory in accordance with the provisions of Section 402 of the Incompetents'Estates Act of 1955, as amended. J. Mrs.David Beveridge,an alleged also known as M ry M.Beveridge and incompetent Appointment of Orphans'Court Division No.479 of 1971 County,Pennsylvania In the Court of Common Pleas of Washington / ('1//d'lZ:'uar lan )··ry E.Beveridge,)··)··)··) In re:' for the Estate of AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania) ss: County of Washington Before me,the undersigned authority,personally appeared G.Ashton Brownlee,who,being duly sworn according to law, deposes and says that on May 10,1971 at 3:45 p.m.,in her room on the second floor of the Washington Hospital Extended Care Facility,Manor Drive,Washington,Pennsylvania,in the presence of Alberta P.Martin,he personally served Mary E.Beveridge, also known as Mary M.Beveridge and Mrs.David Beveridge with the Petition,the Preliminary Order and the Citation filed at the above number,by giving to her attested copies of the same. Further deponent sayeth not. Sworn to and subscribed to '- In re:App0intment of Guardian )In the Court of Common·•for the Estate of Mary E.Beveridge,)Pleas of Washington ••also known as Mary M.Beveridge and )County,Pennsylvania··Mrs.David Beveridge,an alleged )Orphans'Court Division •·incompetent )No.479 of 1971 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania ) •. County·of Washington ) ss: Before me,the undersigned authority,personally appeared .G.Ashton Brownlee"who,being dUly sworn according to law" I deposes and says that on May 11,1971,by registered letter,a copy of which is hereto attached,he mailed to Walter R.Miller, 2944 Anniston Road,Jacksonville,Florida,32216,a brother of Mary E.Beveridge,a copy of the Petition and Order filed at the above number;that attached to the copy of said letter is the postal receipt showing the mailing of said letter and also the receipt of Walter R.Miller showing that he received said letter on May 15,1971. Further deponent sayeth not. Sworn to and subscribed to before me,the undersigned~ authority,this rt?i1.4 day of May,~.97l • Hay 11,1971 Mr.Walter R.Miller 2944 Anniston Road Jacksonville,Florida 32216 Dear Mr.Miller: This letter is being sent to you by registered mail and it contains a copy of the Petition asking for the appoint- ment of a guardian for the estate of your.sister.Our Orphans'Court will have a hearing on this petition on Monday, June 7,1971 at 11:00 o'clock a.m.Until a guardian of the estate of your sister is appointed the safe deposit box registered in the names of Dr.Beveridge and your sister can not be opened.At this hearing the chief witness will be Dr.M.W.Graham,the house phys~cian at the Washington Hospital Extended Care Facility.I have talked to him and he states that your sister is not able physically or mentally to settle an estate of any size. Your presence at the hearing is not required but you are welcome to attend if yon so desire.We do know at this time that there are bank accounts in joint names of Dr. Beveridge and your sister in an amount in excess of $250,000.00 which on his death bec~me the property of Mrs.Beveridge and I think you will agree with me that she is not mentally or physically capable of receiving this money. If you have any questions concerning this petition please advise. With best wishes,I am Sincerely yours, G.Ashton Brownlee GAB:op Enclosu!"e • REGISTERED NO.L Value $11/.l/.Special $-Delivery . Reg.Fee $ Return $110Receipt Handling $Restricted $ Charge > Delivery r --------------- -----~----- ---------------------,.....-.........--------~••~-~••~---~-~.~._~_~••~.~~~-~••~_~_••~.~.~.~••~••~.~.~-____cor ~.'W"••-.., j -Bank Aocounts in the Joint Names of __David .Beveridge or Mrs.David Beveridge,also known as Mary Beveridge--- , Ii - I IPittsburgh National Bank,Washington,Pa., i ottioe Cheoking Aooount - ~Savings Account -$62,835.00 -$157~379.27 ~First Federal Savings and Loan Assooiation, Washington,PaD Registered in names of David Beveridge or Mary Beveridge-Savings Aooount $11,177.81" :Mt.Lebanon Feder!l Savings and Loan :.Assooiation,Cross Roads orrioe ~Savings Aooount registered in names of I David Beveridge or Mary Beveridge I. ;Savings Aooount registered in names of ;David Beveridge-in trust for Mary i Beveridge 1:'t the Orphan's Court of I Washington Couniy,Paw i)~~xhibjt.f3 . .h.!1tJ)C.1 .~CJ't .••.••••••~1,~:\.jj:.•I ~ .,.._f;r.:~hcl'Ja:;,~w..Ln~.firmond,Ofnvl.J Stenograp 't. I .$14,977.10 - $14',56'9.81 ...........-_.--.--.-• • -.-~............--..-.....-tIJ-·w ,....-.r _ _ _r'O __,.,__P "",;w "". , "Beveridge Hearing June 7,1971 t---Suggestions for Guardian. I 1.Walter R.Miller,brother,a resident of Jacksonville,Fla.T ""age +2:-Frederick J.r.fcClay,Gibbon Glade-,Pa.Adliliriistratbr eTA of the Estate of David Beveridge,deceased. 3.Mellon National Bank and Trust Company, 1 I 1 1 ! ,RECEIVED SEVENTY.SIX THOUSAND and 00/100 ...-----...----.......-......_--............---..........dollars representing Pennsylvania Inheritance or UI:'LLON NA"'IONAY nWR.."'!fJ'AD"n Estate Tax due from the following estate:From:--=..:nu=--=::...:..=~.:.:::.=.......::...:..=.:::.'Qlr=-=.lti=.:.::..:....,J.1._....----=:::..::l':..=.:....:u"..:.......---,r-------------:...-------I!1!1 Address 40 SOUTH MAIN STREET WASHlhlGTON,PENNSYLVANIA 15301 2%Taxon $$~.:I 6%Tax on $$--'----------U File No.63...11-479 Date of Death__8_..._1_3_...._1l_----I 15%Tax on $__O_n_,_A_c_c_o_un_t__80.000.00$-------'-------- $--------- Date of Payment N_o_ve_m_b_e_r_'_1_°---=1:---1_9_7_1__----1 MARY Eto BEVERIDGENameofDecedent --1 %Tax on $$----------1IlI Estate Tax,Act of May 7,1927 WASHINGTONCounty ---j Remarks: )UR TOTAL TAX CREDIT Less five percentum of tax if paid within three months after date of death Plus interest at the rate of __%from _ to _ $80,000.00'---~--'---- $__....:4......-=-O-=-OO.::::....!!....O~O:::....-_n $,---------" SEA L NOTE:This Triplicate Receipt to be retained for auditJ$",,198-8 TOTAL AMOUNT PAID $1G,OOO.OO (J ,)1/'-"/},..',_~.:G~r/~{~Received by ~,/.oJ"JJrvO NOTE:In accepting the transfer inheritance tax on future estates,prior to the death of the fe I,I (Signature ~II tenant or tenant for years,as evidenced by this receipt,it is understood that the Commonwealth sholl..-'I /, ""b.,..d.dod .,"...m.d .fmm h.,.....,......,'".ddmoo.1 'oh.,,,oo,">0,">h.d."h 01 >h"~-(J*,-~tIr Q) life tenant or tenant for years whenever if appears that such additional tax may be legally due and ....,\(Titi ) collectible for any reason whatsoever.'-,I ____I r RECEIVED FIFTEEN THOUSAND SEVEN BUNDRID SIXTEEN AND .48/l00·:..-------------dollars representing Pennsylvania Inheritance or 'U12"ILON BANK N A Estate Tax due from the following estate:From:nD.IoJ • • ~I I AddressSOUTH MAIN 6'CHERRY AVENUE WASHINGTON PBNNSYLVANIA 15301 1-0'/71 File No.63..~2-472 Dote of Death 8..13-71 Dote of Payment Februa 19'16 £ Nome of Decedent _,')fa 8.Bevericl e 2%Tax on $$ 6%Tax on $$ 15%Tax on $621,294.85 $93,194.23 %Tax on $$ Estate Tax,Act of May 7,1927 $ Remarks: County ---'~:.:.=a~.=.:h=ia=sa.:=.o=n=__--i mjr/ ;}t~""., .-..-j -. TOTAL TAX CREDIT $93,194.23. Less five percelitum of tax if Prev.Pd 80,000.00 paid within three months after Balance 13,19~.23 dote of death $---------1141 Plus interest at the rate of.---6-%from 5...13-72 'to Date $2.522.25 $=1=5:,::::::!1=7=1=6=.4=8==1~TOTAL AMOUNT PAID not be precluded or prevented from hereofter ossessing additional inheritance tax at the death of the J/(lLu i life tenant or tenant for years whenever it appears th~t such additional tax may be legally due and ,i.'7"l ro~:':,~:==h:O=_~~~'... ·_·...~I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS·'COURT DIVISION IN RE: ESTATE OF MARY E.BEVERIDGE,a1k1a oil:~MARY M.BEVERIDGE,a/k/a ......>. ~MRS.DAVID BEVERIDGE,zIIIII.i an aIle ged incompetent • o~C)zi:ClI«~ ) ) ) ) ) ) ) ) ) ) ) No.479 of 1971 ..=~BEFORE: ~ClIo...oil:~APPEARANCE S: :J., :z: /'.:(II THE HONORABLE P.VINCENT MARINO,Judge of the said Court. G.ASHTON BROWNLEE,ESQ.,of Washington Pa.,representing the Petitioner . fixed for a hearing on a Petition to have Mrs.Mary E. Beveridge,also known as Mary M.Beveridge and Mrs.David ~TIME:~«oII.III« ~MR.BROWNLEE::Joo ~oii:ILo Monday,June 7;1971,at 11:00 o'clock A.M.,EDST. May it please the Court,this is the tine Beveridge declared to be an incompetent and to have a guardian appointea for her.I have for the Court two Affidavits 0 Sery.Ice;one on Mrs.Beveridge and one by registered mail on Mrs.Beveridge's brother,who lives in Jacksonville,Floroda. THE COURT:The Affidavits of Service,both persona :,:"'.-L service on the alleged incompetent and service by registered 2 letter ??the incompetent's brother,said Affidavits are received in evidence and made part of the record;both ha ing complied with statutory requirements and with the Interlo utory Order of this Court dated May 10,1971..Mr.Brownlee,arE you ready to call your witnesses? MR.BROWNLEE :Yes,Your Honor.I iIVOuld like to call one witness out of turn,Dr.Graham. THE COURT:You may call Dr.Graham. DR.M.W.GRAHAM IS CALLED AND SWORN. EXAMINATION BY MR.BROWNLEE: Q You are Dr.M.W.Graham? A r am,sir. Q Are you the resident physician at the Washington Hospital Extended Care Facility? A Yes. Q As such physician,has Mrs.Mary E.Beveridge been a pati3nt of your s? A Yes. Q For how long a period of time? A Since May 27,1969. Q At that time was her husband also a.patient in the Extend~d Care Facility? A Ye s,sir. Q Is he now living? A No,sir.He's dead. 3 No,I do not. I believe it was in April of this ye ar. was a chronic brain syndrome due to senile brain disease combative as she had been.However,she's deteriorating m ntall in that she is becoming more and more childish,requires total nursing care,toilet training,periodically must be Is she what you would call a bed patient? No,sir.She eats-in her room,takes her meals in her rooa. Is she able to go to the din~ngroom on the first floor? Has her condition improved in the two years that she has been your patient? Her condition has improved to the extent that she is not s service and be handled medically.The diagnosis at that ime and cerebral athe~osclerosis. Yes. her down and get her so that she may cooperate with the n rsing When I first saw Mrs.Beveridge she was combative,confus d, required constant"nursing care,required s~dation to quie Will you describe Mrs.Beveridge's physical and mental co dition when you first became her physician? Do you have the date of his death? "fed. No,sir.She is confined chiefly to a chair.She can walk but only with the assistance of two aides. Q Do you know whether she carr read a newspaper at this time b Q A Q A e Q ~Az0(>.J>-III ZZIIID. i 0..I!) Z J:III0(~ '....=~ ll:I-III Qce.J0( Q c::J..,A:t..r-C\I uiII:III.. ll:0D.IIIll:...ll:::J 0U .J0(u Qii:...0 A e Q A Does she take any interest in reading anything? A No,sir. 4 Q Could she have been brought to this hearing with safety t herself'and comfort to herself? A I believe this would confuse her to be brought into a Com t- room.It would confuse her to be brought even---or to leave the institution. to her advantage and it just might cause her to be more c nfused e Q ~z~A.J>-IIIZ Qz IIIA- i A0I-Clz Qi IIIc(~A..,: ~ll:QI-III Qe.J c( U Q A:J.., :tI-"N iiiII:IIIl-ll:0II.QIIIll: l-ll::J0U .J Ac(uj;: II.0 e Q A Q Has she ever left the institution in the last two years t< your knowledge? N~,sir. She hasn't? No,sir. "What about her husband's funeral?Did she attend the fune al? No,sir. Was that because of her physical and mental condition tha she didn't attend the funeral? We had discussed that and decided that it would not be and combative. Doctor,is there any chance that her physical or mental condition will improve in the future? Her physical condition may remain about the same.Her men al condition has been greatly deteriorating and I would surm se that she will continue to deteriorate. You see no chances for her improving mentally? No,sir. Doctor,I am going to ask you a rather hypothetical quest on. If Mrs.Beveridge came into several hundred thousand doll rs at this time,do you think she would~be able to manage t at I ----il~---------------__;--II estate?'. A No,sir. Q Do you think she,because of her mental illness,that she it might dissipate/or become the victim of designing persons/ A She could,yes.I know that she may be talked into signiQg her name on statements,yes,sir. Q Does she know·you everytime yougo into "the"room to see he r->? A She kp.ows me only as a doctor.She would not remember my :a me. Q You see no chance of her mental condition improving? A No,sir. Q Does the Court wish to ask any questions of Dr.Graham? EXAMINATION BY THE COURT: Q Dr.Graham,what do you have as her age? A She 89 years old! Q And her present mental condition is one that progressivel comes about with old age? A With this certain type of old age,y~s,This is due to a type of hardening of the arteries where you develop a poo~ blood supply to various areas of the brain.It's a gradua progressive thing and·has been with her over a pe.riodi of time even before she entered the institution. Q So that considering her age and her general condition,yo r prognosis would be what? A Poor.She must be maintained on rather heavy doses of med - cation in order to keen her within the realm of havin2"her cooperative. Q As far as managing an estate is concerned and her propert do you feel that she is capable at all of doing that? A NOt sir,I do not believe so. Q So that I take it you would recommend that a guardian be appointed to handle that matter? A I would,sir. Q That's all the questions the Court has.Thank you,doctor DR.FREDERICK J.McCLAY IS CALLED AND SWORN. EXAMINATION BY MR.BROWNLEE: Q Dr.McClay,where do you live at the present time? A Gibbon Blade,Pa. Q Is that in Fayette County,beyond the Summit? A Ye s,sir. Q Were you formerly a resident of Washington,Pa.? A Ye s,sir. Q During his lifetime,were you friendly with Dr.Beveridge A Yes,sir. Q The husband of Mary E.Beveridge.When did he die,Doctor Dr.Beveridge? A April 20,1971. Q And were Letters of Administration CTA granted toyou by the Register of Wills? A Ye s,sir. Q In the administration of his estate,did you find that Dr 6 A Q e A i Q 0(>•..1>-VIZ Z11/II. i0 AI-~zial Q0( ~ .,:u ii:l-I!!A0e..I0(Q§ 0:J., :t~(II eli A .0: IIII-Q0:0L11/ 0:AI-0::J 0 Qu ..I0(u Aii:IL0 Q e A Q A Q 7 Beveridge and Mary E.Beveridge owned a safetdeposit box n the W~shington Office of the Pittsburgh National Bank? Yes,sir. And after Letters were granted to you,were you able to gE t into that box to make an Inventory of its contents? No,sir. I understand that the bank took the position that it bein a jointly-owned box,upon me d eath of Dr.Beveridge,the box became the property of his wife,Mary E.Beveridge. Tha t's my understanding. And for that reason did you petition the Court in this pr - ceeding to have a guardian appointed for Mary E.BeveridgE? I did. Do you know of any assets owned jointly by Dr.Beveridge nd Mary E.Beveridge? Yes,sir,I do. What were those assets? Well,there's a home on Allison Avenue. Where is that home? 830 Allison Avenue. Did they own jointly any bank accounts? Yes,they did,sir. Were they in local institutions? They were,sir. And how many different bank accounts did you find in t hei joint names? A There~s Pittsburgh National Bank;there were two accounts Q A e Q ,J.A ~z<C>.... ~Qz ZIIIII. i0I-~Z XUI 'J1HE<C~ .,:Quii:l-UI 0e...<C0C:l '"'A%t:; til ai QII:IIIl-e:A0LIIIII:QI-a::l0 Au... <C0ii:... 0 Q e A Q A 8 in the joint name.And the Mt.bebanon Federal,there werE \ two accounts.Ahd in the First Federal there was one acco nt. First Federal of Washington,Pa.? Ye s,sir. What was the total amount of money in those accounts? I haven't totalled it,but I can give you each account if you wish. I have,Your Honor,a sheet on which I have the amounts in those accounts;if the Court wants I could just offer his into evidence.The total is over $260,000 in those accoun s. COURT:'~'-::",'-,'.~_::,·We.will receive that. From the time of the death of Dr.Beveridge have you seen Mary E.Beveridge at the Extended Care Facility on a numb r of occasions? Yes. Was she able to talk to you coherently about her conditiol? No,sir,she wasn't. Did she know you always? Occasionally I thought she'did know me.But mos t of the t me I didn't think s he knew me. During that period who was paying her bills at the Extend d Care Facility? I was. How did you have the money to do it? Well,I had been appointed Power of Attorney for Dr.Beve~idge when he was taken to the Extended Care Facility and I had paid all the bills from that time on. Q You had the Power of Attorney from Dr.Beveridge,which made you'attorney in fact for him. 9 A Q e A' ~Q ~>~Amzz~Q i0~~z~Ac~ ~~~~Q~ae~cU a~~Ar~~Qm~~~A0L~~Q ~~0u ~~§A ~~0 e Q A Yes,sir. In that way you were able to pay her bills at the Extende( Facility and her bills down on Allison Avenue at her home Yes,sir. The home was being kept open all this time by the caretakEr? Yes,sir. You kept all of those bills as well as the bills out at t e Extended Care Facility. Yes.I might add also,Income Tax and Social Security and the house insurance and those things too. You did everything which was necessary to keep things goi g financially. Yes. How long had you known Dr.Beveridge before his death? I would judge 35 years. Did you have your offices in the same building with Dr. Beveridge? We associated in the same suite of offices in the same building. What building was that? It was the Union Building where Viehmann's Pharmacy is located. Q Over the Viehmann's Pharmacy down on Jefferson Avenue? A Yes,sir. Q I think that's all I have of this witness.Oh,wait.Does 10 Mrs.Beveridge have any relatives living in the state of Pennsytvani a? Not to my knowledge. Does she have any relatives living? The only relative I'm acquainted with is her brother, Mr.Walter Miller of Jacksonville,Florida. And he is in Court today. Ye s,sir. Did you know Mrs.Beveridge's age? Yes.I believe she will be 89 on the 17th of this month. That's all I have of Dr.McClay. any questions? Does the Court have (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). COURT:I have no further questions of the doctcr. iiiII:~(Witness excused). II:oLIIIII:..II:::lo~WALTER R.MILLER IS CALLED AND SWORN. c( ~EXAMINATION BY MR.BROWNLEE: o Q Your name is Walter R.Miller? A Correct. Q You are a~other of Mrs.Beveridge,Mary E.Beveridge? A.Yes,sir. Q Where do you live,Mr.Miller? A My residence is in Jacksonville,Florida,2944 Anniston Road. 11 Q Would you tell the Court the age of your sister? A She was born on June 17,li:589,which would make her---let.me refer please to the copy of the Family Bible which I have 'here.May I correct that?It's 1882.She will be 89 yea s Q of age in 11 days,June 17. Do you have any objection to telling us your age? i A No,none whateover.I was born November 25,l8b7.And <l:>oJ~I was five and a half years younger than she.So that my ge zz~at the present time is 83 years,plus approximately 6 mon hs. i 0l-t'ZiGI~~ .,:uitI-!!!QeoJ<l:§ Q :J""l :I:t::(II viIl:IIIl-ll:0LIIIIl: l-ll::J0U oJ<l:Uii:...0 e Q Mr.Miller,are you retired or are you in active work? A I'm a retired civil engineer with various interests,whic~ bring me income from time to time. Q You have seen your sister several times within the last ypar? A Both my wife and I have made it a point to visit with the Beveridge's frequently.Mrs.Miller was there,for instan~e, in '67.I spent quite a few days in '6()and again almost two weeks with the Beveridge's in '69. Q How manY7- A They were at that time,however,in the Washington Manor. And I resided while in Washington at their home,830 Allison Avenue. Q Has your sister always known you when you visited her in the Extended Care Facility? A It's hard to tell just to what degree she has known me,tut she has pronounced my name and has mentioned some variouE occurrences which would indicate that she was conscious. Q Did she attend her husband's funeral? 12 A No,she did not.The funeral arrangements had been made, I received the message shortly after the doctor died and made arrangements to immediately come to Washington. Q Is she able to do any clerical work such as writing? A I would say no. Q ~z~A-'>-UIZZ IIID. Z A~cZiIII0( ~Q ..=u~I-UI Ci-'A0(u g Q.., :I:~N She hasn't paid her bills through a checking account sinc3 she was in the facility? Beg pardon? (Stenographer reads back the last question). Not that I know of.Dr.McClay would be an authority on t1at question. Has she ever written to you postal cards or a letter sinc3 she was in the Extended Care? None,no,none whatever. Do you think she is able to take care of an estate of two or three hundred thousand dollars? vi~A I'm sorry,she wouldn't be able to. 0:o~Q.Tha t'saIl,Mr.Miller. 0: I-§THE COURT:The Court has no further questions.ou ~Thank you,sir.uiL~(Witness excused). MR.BROWNLEE:We have another lay witness who was in the home of Dr.and Mrs.Beveridge for 50 years.The only thing she could do is corroborate some of the statements that were made. THE COURT: MR.BROWNLEE: I don't think that will be necessary,s:r. That's all. 13 THE COURT:Now with respect to,the suggested guard an, what do we have? MR.BROWNLEE:May I approach the bench? (At the direction,of the Court,off-the-record discussion was not recorded by the stenographer). she worked as a servant for Dr.Beveridge;at her age,she's put her complete life in there.What's the thing that's going to be there to take care of this woman now?That's be heard in the matter of the incompetency proceeding of THE COURT: THE COURT: toIsthereanyoneelseatallthatdesire I am no relation. My name is William Forgie. west Washington,Broad Street,5~O. Are you related to the doctor or Mrs. What is the gist of what you want? When she was a young girl I understood Where do you live? Your Honor---- up Will you come/here,sir,and give us yo r Beveridge? name first? Mrs.Beveridge? FORGIE : MR.FORGIE: WILLIAM FORGIE: t~WILLIAM FORGIE:III o ~THE COURT: § c~MR.FORGIE: :r..~THE COURT: :5 THE COURT: z<>...>III:zzIIIlL iol-t!)z iIII<~ ui0:IIII-0:olL~MR. I-0::;)ou...<Uii:...o what I would like to know.Is she going to be drugged or something else?She's practically p~t her whole life into the thing as a servant of the family. THE COURT:Well,sir,let me interrupt for just a moment.It appears to the Court that what you are inquir ng '. about now would be a proper decision that would have to bE made by those who are in authority in settling up the est,te of.Dr.Beveridge.And that is in the process of settlemen now.What we are talking about directly and in Court here anyone else who desires to 1:e heard in the matter of the thank you very much. is the.incompetency proceeding of Mrs.Beveridge,which would 1:e a different thing all together. at the proper time.That can be d~cussed thoroughly with the person who is in charge of the administration of the estate of Dr.Beveridge.And then,of course,if you are not satisfied with whatever response is given you in your conversations with the person in charge,you may,or she, whoever you are referring to,may desire to get counsel and intercede in Court,which you have an opportunity to do.Yuu are not being cut out or she isn't being cut out of anything here. Is she going to say anything?That's wh t That's just what I wanted to know.And Your question can properly Ce brought u We are glad to have you,sir.Is there I want to know. THE COURT: MR.FORGIE: THE COURT: MR.FORGIE: e :!:z«>oJ>-III Z Z IIIa. i0..CIz i III«3 ..:0it:..III QeoJ« §.Q::J.., I:I-..... aiIEIII..0:0a.III 0:..0:::J00 oJ«i3ii:II.0 e incompetency proceeding that we are hearing here today in the case of Mrs.Beveridge,Mary E.Beveridge? (No response ) THE COURT:The testimony in this matter will then e , e ~z0(>.I>-UIZZIIIII, i0l-e>zi:UI 0(~ ..:uitI- UI '5e.I0( § C:J... J:l-t-N uilI:IIIl-ll:0II,III0: I-0::J 0U .I"0( Uii:...0 e closed.We will adjourn. (Proceedings Closed). I hereby certify that the proceedings and evidence are contained fully 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 abov cause is hereby approved and directed to be filed. J.r 15