HomeMy WebLinkAboutOC1971-0572 - ESTATE OF DUNLOP' .
·, '
0 l'j?!
IN THE ORPHANS' COURT OF
WASHINGTON COUNTY, PENNA.
APPOINTMENT OF A GUARDIAN
FOR ALFRED HUGH DUNLOP
PETITION FOR APPOINTMENT
OF GUARDIAN
.. JJ/ 'v."
7,Veyt1 \0 '/ u
ZJ ~fl /Ali'-· \ ~{j.~
_... ~~:_: 0J
-... (fi V) ·..-
1 \1 \ ~~ ;=: : -_1
-j ; -•
~.,
" ~ ~ ~-{'...-. )
''f' 0~. ""'I}\ • -:...": V' ... r-__
-o r-;.; !:::-cr;-.
.. .....,. ~.
-,· ll
c:._ r-: :.~.::
J
·-:;::,
u~
--
~
I '
•• '1 __,
JOHN W. MciLVAINE
AITORNEY AT LAW
Phone: 276-2839
1 008 FORSYTHE ROAD
CARNEGIE, PENNA. 15106
) ~ t./.-t3JdY
~
. _,
IN THE ORPHANS 'COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
APPOINTMENT OF A GUARDIAN
FOR ALFRED HUGH DUNLOP
PRAECIPE FOR APPEARANCE
TO: BOB· ·A. FRANKS, PROTHONOTARY:
Please enter my: ap~arance for the Petitioner in the above
captioned matter.
00Hf W. Mci~AI»E , Attorney >)Jj~~~A~
Attorney for PeCUtioner
PETITION FOR APPOINTMENT
OF GUARDIAN
TO: THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
The Petition of PATRICIA D. WYNE,respectfully represents:
1. That Patricia~ D. Wyne, is the petitioner named herein whose
residence is 1502 4th Street, Monongahela, Washington County, Pennsylvania,
and is the daughter of Alfred Hugh Dunlop, an alleged Incompetent. Your
Petitioner further states that she is sui juris and is a citizen of the United
States of America, being a life long resident of Washington County, Pennsylvania.
2. That Alfreg Hugh Dunlop, the alleged Incompetent is 78 years
of age having been born on December 14, 1894 in Austrather,Scotland.
'
3. That the alleged Incompetent presently resides with your petitioner
at 1502 4th Street, Monongahela, Washington County, Pennsylvania.
4. That the alleged Incompetent because of his mental infirmities is
unable to manage his property and is liable to dissipate it or become the
victim of designing persons. Attached hereto and made a part hereof is a
Physician • s Affidavit concerning the alleged Incompetent which is marked
as Exhibit "A".
page1 of 2
5) That the following are the only persons who are sui juris and
would be entitled to a share in the Estate of the above named alleged
Incompetent if he should die intestate at this time:
a) Patricia D. Wyne of Monongahela, Pennsylvania, an adult
daughter of Alfred Hugh Dunlop, the alleged Incompetent.
b) Hugh B. Dunlop of Appalachia, New York, a son of Alfred Hugh
Dunlop, the alleged Incompetent.
c) the Spouse of the alleged Incompetent died May 2, 1955.
6. As far as your petitioner has been able to determine the grcss -.
value of Alfred Hugh Dunlop 1 s personal estate is $63.944.00 and he has
no real estate.
7. The alleged Incompetent is receiving monthly disability
paymert s from the Veteran 1 s Administration in the amount of $45. 00;
montly payments from the Social Security Adminstration in the amount
of $156. 00; and monthly payments from a pension of the Equitable Gas
Comp·any in the amount of $100. 68 •.
8. That no court has ever assumed jurisdiction in any proceedings
to determine the competency of Alfred Hugh Dunlop or to have a Guardian
appointed for said alleged Incompetent.
9. That your petioner request that Patricia:1 D. Wyne be appointed
as Guardian of the Estate of Alfred Hugh Dunlop, the alleged Incompetent
and attached hereto as Exhibit "B" is a Consent executed by the said
suggested guardian.
WHEREFORE, the Petitioner herein prays that this Honorable Court
adjudicate Alfred Hugh Dunlop, to be an incompetent and further, to
appoint Patricia D. Wyne, as Guardian of the Estate of Alfred Hugh
Dunlop, an incompetent.
~
Attorney for Petitioner
.... WIA..,· •
IN THE ORPHANS • COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: )
)
)
APPOINTMENT OF A GUARDIAN ) NO. ________ of 197., O.C.
)
FOR ALFRED HUGH DUNLOP )
CONSENT TO ACT AS GUARDIAN
PATRICIA D. WYNE, an adult individual~ does hereby state that
she has read the foregoing Petition and does hereby consent to act as
guardian of the Estate of ALFRED HUGH DUNLOP, an Incompetent, and in
accordance with the laws of the Commonwealth of Pennsylvania appertaining
thereto.
Patricia D. Wyne
IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: }
)
APPOINTMENT OF A GUARDIAN ) NO. __________ of 197~, 0. C.
FOR ALFRED HUGH DUNLOP )
PHYSICIAN 1S AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
Before me, a Notary Public, personally appeared Fred S. Kline,
Physician, who, being duly sworn, according to law, deposes and says the
following:
1. That he is a practicing physician with his principal office at
Monongahela, Pennsylvania.
2. That Alfred Hugh Dunlop has been his patient for the past eleven
(11) years.
3. That deponent has examined Alfred Hugh Dunlop and found him to
be suffering . fromt__J~~~~~_;~~~U~A__!!:!!.·::!!fr't::1»~CJ~f~t~"~8~t.b!•::dd4' _:tt...*~~~~~~~~u~·~'
and further 1 that he has made a diagnosis of ~ &.ttA ... ......u a ... a-4..;
4. That Alfred Hugh Dunlop is mentally incompetent and unable to
manage his property and estate and is liable to dissipate or lose the same
and become tre victim of designing persons.
5. That Alfred Hugh Dunlop's physical and mental condition is such
that his welfare would not be promoted by his presence at hearing to be
held in the Orphans 1 Court of Washington County, Pennsylvania, in the
month of October, 19 7 0, or thereafter.
page 1 of 2
6. That the mental condition of Alfred Hugh Dunlop 1 as hereinabove
described is such that it is not cureable and will continue for an indefinite
period of time I and further deponent saith not.
Physician
SWORN to and Subscribed before
,11---r~'--l 1 v me this. __ -;".;/.11--..!.... , __ day of._ulv~O......._,::...._:_.· -•
1970.
My Commission Expires:
--------------------------~
3Ju W~r Qlnurt. nf Qlnmmnu Jlrus nf lllifun~iugtnu Q!uuuty, Jruunyluauia
J
IN .RE: APPOINTMENT OF
A GUARDIAN
®rpl1attn' Qtnurt IDininintt
( (
) )
FOR
:ALFRED HUGH DUNLOP·.t
Alleged Incomp·e~fen:C. ~ · illita.ttnn ~ ( (
) }
Qlnl1Ultnuuttttlt4 nf Jruunylttauia / nn:
Qtnuuty nf m unl1ittgtntt )
To: ALFRED HUGH DUNLOP,
Alleged Incompetent.
Sur Petition of: PATRICIA D. vlYNE,
NO. 572 of 1971
1502 4th Street, Monongahela, Pa.
~r.ertiug:
ltfr QtnmUtUltO l}fnU, ____ _..c,.A..L.IJI.F"-l.R.u.E:u.~D.. HUGH DiillLOP
'
that, laying aside all business and excuses whatsoever, you do file in the office
of the Clerk of our Orphans' Court of Washington County, a full and com-
plete answer, under oath, to each and every of the averments of the said
petition, on or before--.--:_nMuonUJdu...aa.,yY-----' the 28th day of __ ___s,J'-"un....._,.e<--'----
19---lJ, at 10:00 o'clock_A_.· M., and show cause why the said Alfred
I
Hugh Dunlop should not be adjudged an incompetent and a guardian of his
Estate appointed;
and further abide the order of our said Court in the premtses,
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 \\7ashington, Penna., the 7th day of ___ _____cJIL!uni4AA.!e..____-----'-_, 19 71
~~~ 1
Clerk of the Orphans' Court
John \-1. Mcilvaine, Esq.
Attorney for Petitioner. 1005 Forsythe Road,
(Seal)
Carnegie, Penna., 15106.
..
f I·
I
l.
TEMPEST & SIMMONS
223 SECOND STREET
MONONGAHELA, ?A.
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: )
)
APPOINTMENT OF A GUARDIAN )
)
No. ____________________ of 197.,
o.c.
FOR ALFRED HUGH DUNLOP )
PRELIMINARY ORDER
consideration of the within Petition an of John W.
Mcilvaine, Attorney for Petition, IT IS ORDERED AND DECREED that
a Citation be awarded directed to ALFRED HUGH DUNLOP, to show
cause why he should not be adjudged an incompetent and a guardian
of his Estate be appointed.
Hearing in this matter to be the Orphans' 'Court
day of , 197t, at --~--'-~~--o'clock
/f:~ M~
At least twenty (20) days notice of hearing shall be
given to the above named Alfred Hugh Dunlop, and all other persons
interested or who may have a future interest in the Estate of
Alfred Hugh Dunlop, either personally or by Certified Mail, Retur
Receipt Requested, of a copy of said Petition and Citation, as
required by law.
Y THE COURT:
Form NALY No. 169-Affidavlt For Sale by P. 0. Naly Co., Law Blank Publishers
425 Fourth Avenue, Pittsburgh, Pa. 16219
N THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.,' PENNSYLVANIA
<Lrommon\uealtb of Jl!)ennS!'l\tania,} In re: Appointment of Guardian,
SS: · ALFRED HUGH DUNlAP, an <Lrount!' of .... Ji~-~-h~-~gt_2P:................... alleged incompetent No. ____
1
Before me, the subs..Jriber ..... ~---~~~-~E.Y. ... P.?.!?.!.!~------·-············--------··-·----····-----···············----··········--·······
in and for the County and Commonwealth aforesaid, personally appeared ... F.re.d ... F.i.lipp..e.lli.., ....... .
g_Q~~-~~-~J~---~;-.. ~QP.Q.~g~_b~!~-'----~~-~~~_y_!y_~~!~.L--------················----·---·-·-·--··-··--·········-·······---······-······
who being duly sworn, according to law, doth depose and say ... tb.!it ... h~---P.~J:§.QJ:lgJJ__y __ J?.~!:Y.~fl ........ .
~---.9.~.t~J;:J:g,n ___ g_~fl .. JJQt_!g_~---~J ... ~-~.!i~Jng_ __ Qn .. AJf~-~9 ... R~_gb_ ___ R.\lDJ.!iP. ... ~.nsl ... ~8:tJ::!~J~ .... :P..!.
W'.YP:.~ _ _, ___ 'Qy __ .118:9.9iDZ ... ~.QP.Y ... 9.f.l~-~i9 ... 9.2.~~-m~~m_t§ .... t9. ... th~m ... ~! ... th~J!: ... ;:~-~J9.~P:.~.~---·····-··
k~~W~---~-~--J.?..Q.f ... f..Q~!.th ... ~!=.!.~~-t_, ___ ,MQn_~gg~_b_~J~-'----W~~-h!~g!:_2P. ... g_Q!-:l.~.~y_,_ ___ !'_~~~-~Y..!.: ...
v.ania., ... .at ___ .6_;__QO .... o.~_clo.ck .. P. .•. M ...... o.n ... J.une __ _z_., ___ l9.1.1 .•......................................................................
and further deponent saith not.
' {5\uotn and subscribed before me this .... .B..t.b ....
day h----J.~.n~------------------------------A. D. 19 -~,,;;.,~~~'~"£2 ___ ~-----------------e
CLYDE G. TEMPEST. NOTARY PUBLIC
MONONGAHELA, WASHINGTON COUNTl'
MY COMMISSION EXPIRES APR. 12, 1973
Member, PennsylvaniaAssoc!ation of Notarlel
J
.. ··---.
I . I
;
I i
-----____ ! .
t-',
a> w a> ... ...: c.
ARK OF DELIVERING OFFICE.
~Piint your "name and address below. If you want to
:re!tiict ileJiv.ery; or to have the address. ·of delivery shown on tiJ,is receipt, check block(s) on ocher side. .Moisten gutnmea ends and attach this card to back ''Of artide:t ... \' .. · . ·-·
< i ~ Jo~~ W-Me ~LD~ : l:.,Lt;_:~t::~--5~q:: ... -·•~~·~.~~~
PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S).
REQUIRED FEE(S) PAID.
D Show to whom, date and address 0 Deliver ONLY
where delivered to addressee
RECEIPT
Received tile numbered article described below.
REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE
\ \I \\
' \ ' I CERTI
f . ·'" 'I ·•
~· . <JPO
I
I
I
I
I J
I
I ... J: I ;:;
I ~ I I ., I '3
I
I :ll ~
I .! c.
I <
..-4 I ..-4 00
I (")
E I .. I .: I ~ I 0 llo I
I
POST OFFICE DEPARTM;NT
OFFICIAL BUSINESS
-....::· ..
POSTMARK OF DELIVERING OFFICE
• -~~f(
Print your name and address below. If you want to
restrict delivery, or to have the address of delivery
shown on tlti~ receipt, check block (s) on otber side. Moisten gummed ends and attach this card to back of anicle. ' ~
1k~ ur M<-~Lo~
I oo g' Fo y'" -5 Lf TJu 72 cf
Qa. VVI-e_~; {? I ? 1\.. ( ~ f ()~
RETURN
TO
I
~ z ..: > ....! > Ul z z Ill II.
i
0 1-C) z
:r Ul ct
3=
t-= u a: 1-Ul e a
..I ..: u
c :J ..,
:t ... " "' ui a: 1&1 1-a: 0 II. Ill a:
1-a: :J
0 u
..I < 0
t&: II. 0
e
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA
ORPHANS; _COURT, DIVISION
IN RE:
ESTATE OF
, I ,w
, .... '
• ~ ~~-; .. • I ' .
\ r • t' (.' . ' .~
; ....
•· I
,)
.}
I). o , •• j ' ·. . ~ .
)' '··' N"·o. 572 of 1971
ALFRED HUGH DUNLOP, )
)
an alleged incompetent. )
)
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
BEFORE:
APPEARANCES:
TIME:
THE COURT:
incompetency?
MR. MciLVAINE:
THE HONORABLE P. VINCENT MARINO,
Judge of the said Court.
JOHN W. MciLVAINE, ESQ., of Carnegie,
Pa., representing the Petitioner.
Monday, June 28, 1971, at 10:00 o'clock A.M.,
EDST.
Mr. Mcilvaine, areyou ready with the Dunlop
Yes, Your Honor. We have here today the Pet tioner
and her husband with whom the alleged incompetent resides. I have
an Affidavit, I believe attached to our Petition from Dr. Klein,
who is not able to be here today.
THE COURT: Who is the doctor?
MR. MciLVAINE: Dr. Klein, Fred Klein frorp Monongahela.
THE COlR T: Where is the alleged incompetent?
I'
I'
:
~ .
.. .
e
.
-
I
e
.
e
!
'----
MR. MciLVAINE: He's residing presently at Fourth Avenue in
Monongahela with the petitioner and her husband and family.
(At the direction of the Court, off -the-record discuss ion was not
recorded by the stEil ographer) .
THE COURT: We will hear our lay testimony today, but
how about service here?
z ~ MR. MciLVAINE: I lhru.v.:e here service, an Affidavit of Service or
.J > Ul ~ the alleged incompetent, and of course, the Patricia Wyne, who is
Ill D.
2
i
0 1-CI z
one of the petitioners. She is also an heir. And I have sent by certi ied
i
Ul < 3:
.,: u
IX 1-!!!
0
.J < ~ 0 :J .,
mail a copy of the Citation and the Petition to her brother, Hugh
Dunlop, of Appalachia, New York, and that was sent on the 4th
of June and here is the return receipt where they received it on Jure
9, 1971.
:1: t.: THE COURT: All right. We will accept ithe Notification of
(II
vi II: Ill I-IX 0 D. Ill IX
I-IX :J
0 u
.J < u
ii: IL 0
Service as made by the Petitioner, including the Notification by rna ·1
and the personal service madeupon the alleged incompetent by Free
Filippelli, those having complied with the statutory requirements
and with the Interlocutory Order of this Court made on the 3rd day
of June, 1971. You may call your lay witnesses.
I
3
PATRlCl.A U. WYN.t: 1:::> DULY ::SWU.HN.
EXAlVUNATION OF MRS. WYNE BY MR. MciLVAINE:
Q Mrs. Wyne, for the record, will you give us your full name?
A Patricia Jane Wyne.
Q Speak right up so I can hear you. Where do you live?
A 1502 Fourth Street, Monongahela.
Q How old areyou ?
~ z < A > 36.
.J >-Ul z Q z Ill Are you married?
0..
i A 0 1-Yes.
Cl z
:r (,) Ul < And what is your husband's name?
~
..: A !::! Bernard C. Wyne.
0: 1-Ul
c Q Is he present here in the Courtroom today?
.J ~
!::! A c Yes.
:I .,
X ... Q .... N Does he reside with you at the same address?
ui 0: A Ill 1-Yes.
0: 0 II. Ill Q 0: Who else resides with you there?
1-0: :I A 0 0 My father and my three sons.
.J < u Q ii: What is your father's name?
1&.
0
A Alfred Hugh Dunlop.
Q And is thatthe same person who is the subject of this Petition for
the appointment of a guardian?
A Yes.
Q And he is your father?
A Yes.
4
Q How long has your father resided with you at this address in Monor ga-
hela?
A At this particular address, for 12 years.
G Prior to that how .long did he reside with you?
e A Four years before that.
Q Where did he reside with you from, let's see, that would be the fou
~ z <( > years prior to that.
.J >-(I) z A z R. D. 1, Finleyville.
Ill Q.
i Q 0 1-
Is your father --well, of course he was married and your mother,
Cl z i (I) when did she pass away?
o(
I -3:
.,: A u May2, 1955 .
a: 1-(I) Q Q
I
e ..I <(
Q A Q
After she passed on, what did your father do?
He had two years until he retircoo . So he continued to work until
::J .,
:t
1:: he retired.
N
ai
0: Q Ill And for whom did your father worh?
1-0: 0 L A bl 0: Equitable Gas Company.
1-0:
::J Q 0 Where was his baseof ope ration? Where did he 1 ive? u
..I o( A ij
iL
He had a company house right there at the station in Finleyville.
... 0
Q Finleyville address that is ?
e A R. D. 1, yes.
Q What did he do there?
A He was a foreman.
Q Did he eventually retire fromthe gas coiPpany?
A Yes.
Q Did he get a pension?
5
A Yes.
Q Is he still getting that pension?
-A Yes.
Q Could you tell us the amount of that pension monthly? -.
e A I believe it's $120.00.
Q And how is that sent to him?
:!: z A Every month through the mail. <1: > .J )o
(I) z Q Now in our petition we have noted here the Equitable Gas CoiYl!?any z Ill
Q.
i gives him a monthly pension payment of $100.68. 0 1-CJ z
I % A They have increased that. (I)
<1:
i 3:
..: Q That's since this Petition was filed?
!:! 0:: 1--(I) A Yes. I 0 ·e .J < Q Q What other monthly income does your father have?
0 :J
'
.,
:t A He has his Social Security check and a pension from the Governme ~t ... ,..
N
ui for having been wounded in World War I. It Ill 1-0:: 0 Q. Q He gets a disabled Veteran's pension then? Ill 0::
1-0::
I :J A Yes. 0 u
.J < Q Could you tell me what the disabled Veteran's pension is? I u ii: II.
I 0 I think it's $~8. 00 a month. A
I e Q That is increased too, has it not?
A Yes.
Q From Social Security could you tell us how much he gets?
I
I
A $156.00.
:
I Q Does he have any other income that you know of?
I
6 '
A Just the interest from his savings account.
Q He has a savings account. Do you know what the amount of that is
approximately at this time? At the time of the Peltibion was filed
we noted here $63, 944.00. -.
e A I think it's very close to $66, 000 now.
Q Who deposits these various checks from the Veterans Administraticn,
o(
z
o( > Social Security and the Equitable Gas Company pensicn?
.J > en A z z I do.
Ill D.
i Q 0 You do thatyourself?
.... Cl z x A en Yes.
o(
~
..: !:!
<:;' How long have you been handling your father's affairs?
0: .... en A c Ever since my mother died. e .J o(
§ Q c And that was in 19 what?
:J .,
X A .. "
'55. My mother took care of everything. He asked me if I would .
<'l
ui Q 0: Ill Your father then after your mother passed on, he resided with you
.... 0:
'
0 D. Ill and your family ?
0:
....
0: A :J 0 Yes.
u
.J < Q u And you took care of all his business arrangements since that timE?
ii: II. 0 A Yes.
e Q Now how old is your father at the present time?
A I believe he will be\8:0 in December.
Q Could you tell the Court just the nature of his physical condition
as you s e e it ?
A Well, of course, he's very forgetful and just has no concept of tim
:! z <( > .J > Ul z z Ill D.
:i 0 ...
Cl z
Q
A
Q
A
Q
whatsoever. And of course, physically he's becoming more frail
everyday.
Pardon?
He's becoming more frail everyday physically. He can hardly waH
and has trouble getting around.
Now does he actually at times know who you are?
No, he calls me by his sister's name most of the time. It's very
seldom that I am Pat anymore.
You are his daughter and yet he calls you the name of his sister?
~ A Yes.
~
~ Q
a: ... en
a A
.J <(
ij
Q Q :::r .,
%
And how long has his sister been dead?
She's not dead. She's in a home in Greene County.
She is in Greene County in a home?
~ A Yes.
ai ~ Q a: 0 D. ~ A ... a: :::r 0 0
.J ~
0 ii: IL 0
Q
A
How old is she?
About 83 .
Now does your father actually know where he lives today as far as
the ·tc:>;wn is concerned?
Sometimes. I don't think he really does. He mentions Monongahela
but I'rr. not sure he really knows he's there. He seems to think he 1f
visiting.
Q He thinks he's visiting?
A Yes.
Q Did you ever have any occasion to hear him make any remarks whEn
7
---------------------------------------------------------------------------------------------~
8
you'd paint a room in your house?
A It seems like everytime I hou; eclean or paint a room he wants to
know if we just moved or if we are selling the house. He wants
to know how long he's been there and when I tell him how long he's
lived with me he doesn't believe me.
Q He thinks he's just there and doesn't realize he's lived with you for
16 y ES.rs?
A When my brother came home at Easter time and my brother was
talking to him and he told my brother how he traveled all through
Europe last summer and he has no concept of time.
Q When your brother came to visit at Easter time when he came ther ,
did your father know who he was at first?
A I'm not sure. He looked at him very strangely. But I know my bro her
said to me, "I'm not even sure he knows who I am." I think in timE
he finally realized who he was, but you just kind of have to work up
to it, give him time.
Q Is this true with most everything he does?
A Yes.
Q Let's talk about these checks that he receives that we have mentiored.
These comet-.lil\f_onthly, do they not?
A Yes.
Q How are they delivered to the house?
A By mail.
Q Does he see them?
A Yes.
Q When he sees ~ them what does he think they are?
A
:!: z ~ Q
.J > 01 z z
Ill D.
i 0 1-
1!1 z
i Ul ~
..,: u
II: l-UI
0
.J <t
A
~ Q
:I .,
:1:
1:: ~
ui II: Ill I-ll: 0 D. Ill II:
I-ll: :I 0 u
~ u A iL IL 0
Q
He thinks this is something knew, that he's never gotten them befoJ e
And I tried to explain it to him, he gets them every month. He sayf
"Oh, good. As long as they send me money, well, fine." He doesn'
realize he gets them every month.
Does he really have any conception that they are his and that he is
entitled to them as a result of his working for the company, a pensi< n
and this Social Security? Does he know that this is something that
is really his ?
Each month he asks me what each one of the checks are and each
month I explain wh~t each one of them are.
Let me ask you this: would it be, in your judgment, from knowing
JOUr father, would it be possible for some person of an evil and
designing nature to take advantage of your father and get him to sig!l
these checks over to him and to go down and empty out his bank
account and so on?
I feel if anyone was kind enough and talked to him smoothly enough
that they could talk him out of it. I really do.
Do you think they'd have very much trouble?
A No. I think if anyone was really kind to him and he thought they
were really being kind to him, that he would sign then~ over to ther.
9
Q Now are you willing to take on the duties of a guardian of your fath~r
and look after his affairs as you have been doing for the past 16 ye< rs
~ z
and so on?
A Yes.
Q In other words, you are consenting as your Affidavit to the Petition
suggests, that you are willing to act as the guardian and to maintai
what you have been doing for the past 16 years.
A Yes.
~ Q Are there any other heirs or parties of interest in your father's
.J > Ill z z
Ill II.
i e " z i Ul <( 3:
estate aside from you and your brother Hugh Dunlop of Appalachi ,
New York?
A No. Just my brother and I.
t Q Over what period of time has y.OlUT father been getting into this men al
~ l-UI a condition of being so forgetful and doing the thlngs that you have ou -
.J <(
§
Q
;::)
'"I
lined?
:1: ~ A I rro:w realize I think it's been about the last ten years that this has
N
eli ~ been starting. Although I didn't realize this at first. I can look ba k
1-0: 0 L ~ now and see that I really feel he would do some things I didn't under-
"" a:
;::) o stand. And he had changed so much. Because my father was alway u
.J <(
0 ii: IL 0
very kind and he seemed to change so much. That I can look back
now and know this was affecting him.
What has been the PEogress of this actual, this disease of arteria~:-
clerosis in the last ten years? How has it affected hirr, say, start ng
ten years up to the present date? Is he better or worse or how has
it progressed?
A He's getting much worse.
10
'
Q Who is his personal physician?
A Dr. Fred Klein.
Q How long has Dr. Klein been looking after your father?
A As long as we lived in Monongahela, about ,·1.1, 12 years.
Q Is he presently under his care for any troubles that he has ?
A Yes.
Q Do you know as a fact that Dr. Klein examined your father here,
I believe it was October of last year?
A Yes, I"d take him down every year for a physical.
Q I believe that's all, Your Honor, at this time, as far as this witnes
is concerned. Unless Your Honor has some questions.
EXAMINATION BY THE COURT:
A
Q
A
Q
A
A
Mrs. Wyne, areyou living in your own house now?
.Y es.
And your father is living there with you?
Yes.
What fan" ily do you have besides your husband?
I have three sons.
What are their ages?
My oldest son will be 19; rry middle one will be 16 in July; and my
youngest will be 14 in November.
Q Dothey attend school?
11
;A> My oldest one just graduated and the two younger are still in schoc 1.
Q What is your oldest son going to do now?
A Right now he's working for West Elizabeth Lumber Company. He's
undecided whether he wants to go to school yet.
Q What is your husband's occupation?
A He's a switchman for Bell Telephone.
z ~ Q How long has he been with the Bell Telephone?
.J > Ol ~ A 1955.he. started working with them.
Ill fl.
~ Q Does your father own any real estate? ... " z
~ A No.
~
,.: Q u a: ... ~ A
.J <l:
§ Q D :J ...
His personal property is that which you have described.
Yes .
Bank account and soforth.
~ A Savings account and checking.
N
ai a: Ill ... a: 0
Q Does he have any stocks and bonds of any kind?
~ A No. a: ... a: g Q u Does he have any U. S. Bonds such as savings bonds or anything of
.... < u that nature? ii: ... 0
A No.
Q So that primarily now he has his savings account which you have
mentioned and the various sums that he gets: monthly.
A Right.
Q In what bank is the savings account?
A First Fed era 1 Savings and Loan in Monongahela Divis ion.
12
~--------------rr----------------------------------------------------------------------------,----l
13
Q Is that savings accoll!l!nt one of long staading and then it has been
increasing all along?
A He first had his money in First Federal and Savings in Waynesburg
and when he couldn't no longer drive, he transferred it to Mononga ela.
I asked him to.
Did he originally live in Waynesburg?
Well, his sister had lived there before she had to be committed to
this home and :he was a widow and dad went over and cut her grass
and helped her out. He's originally from there but he hasn't U.iv.ed
there for quite some time.
Mrs. Wyne, what has been the extent of your education and schooli ~g?
I graduated from high school.
Do you feel that you are qualified to look after investlTlents proper!
and to report them to the Court?
Yes. I :JDi~m to keep track of every penqy,:
You have been doing that now?
Yes.
But there is more to looking after investments than keeping track
of them. You have to actually supervise and make the investrrents
as you go along. So that ithe~ums or principal will be earning proper
monies. Do you understand that?
A Yes.
Q Do you think you can do that?
A I think so.
--------....-----------------------------------------.-----
..
~-
Q Well, you haven't been required to do that up to the present time
A
~ ~ Q > .J > Ul z z Ill G.
i 0 ... " z x Ill <( ~
A
Q
except to look after this bank account and place these monies as they
would come in monthly into the bank account, that is what portions
would be left over after taking care of expenses. That's about all
you have done up to now, isn't it?
Yes.
Well, under the law if you are appointed guardian---stri\{e that.
When was your brother horne from New York?
At Easter time.
And that would be in March or Apri 1?
.= A Yes. 0 a: ... ~ MR. MciLVAINE: I believe it was the last of March, this year.
..1 <(
~
0 :I .,
X ;::
(II
ai a:
1111 t-o: 0 L Ill a:
t-o: :I 0 u
..1 <(
0 iL IL 0
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
How long did he stay?
For the weekend.
Is he rr arried?
Yes.
Does he have a family?
Yes.
What?
Two daughters and a son.
What is his occupation?
He's a teacher for I. B. M.
Does he have a degree?
No.
14
.--------------..-----------------------------------------.-----
15
Q How was his name signed on this receipt card that we have here?
I don1 t seem to be able to make that out. I thought that was Dr.
, for doctor or is it?
A No.
MR. MciLVAINE: I think that's Mrs. Mrs. Hugh Dunlop, which
would be his wi.fe, actually signed for it.
But he teaches for I. B. M. ?
Yes.
He would be a college graduate then, wouldn't he?
No. He's worked very hard for I. B. M. and p:roved up with them.
At the tinie that he came home or to visit you rather, i.n the early
part of the year, was there any mention then made of the fact that
a petition might be filed in Court to adjudicate your father an incorr. petent?
My brother and I have discussed all this and he knew all along.
How did he feel about it?
He felt the sarre as I did, that it should be done.
What did he think about your being the Court appointed guardian in he
estate?
It-was completely atgreeable to him. My brother and I get along
very well.
Very well. I have no other questions.
THE COURT: When will you have Dr. Klein in, Mr. Mcllvai e?
MR. MciLVAINE: I was talking to Dr. Klein here just last week,
and hopefully, we can get him in here within the next few days.
e
. •
' ' e
THE COURT: Let me know when he can come in because if u
want a guardian ~ppointed shortly in this or let me know if an insti-
tution is preferable under the circumstances, but we cannot make
guardian appointment until werhear Dr. Klein.
MR. MciLVAINE: Yes, I understand. I have Mr. Wyne here
likewise, who has lived there. Maybe you would like to hear some
~ z <1: > cumulative testimony or do you think that is necessary?
..I > en z z THE COURT: I don't think we need to hear Mr. Wyne.We ha e
Ill II.
i 0 .. enough testimony on the record, which, together with the medical
" z i Cl) testimony, will support a decree. It's just a question here of who
<( ~
.,: ~ you are going to have for the guardian. You talk that over with
a: .. en
c the Wyne's and then let me know.
..I <1: §
c MR. MciLVAINE: Thank you, Your Honor.
:J ..,
:t. ... * * * * * * * * * * * * * * .... N
vi ~ I hereby that the proceedings and evidence are contained fully and .. a: ~accurately in the notes taken by me on the hearing of the above cause, and a: .. a: 5 that the copy is a correct transcript f the same.
u
~ 0 ii: lr.. 0
The foregoing record of th proce-edings upon the h aring of the
above cause is hereby approved and directed to be filed.
16