HomeMy WebLinkAboutOC1971-0660 - ESTATE OF PAYTORS SRAPPOINTMENT OF GURADIAN
an alleged incompetent
OF FRANK PAYTORS,SR.,
.,Ii-
/17;.~&O
PETITION TO APPOIN~
GUARDIAN FOR AN ALLEGED
INCOMPETENP -~-,.-~~r'1 .:::0V.J ~_
THE COURT OF COMMON PLEAS
WASHINGTON COUNTY
PENNSYLVANIA
ORPHANS COURT DIVISION
J";..~......_,
,,)'
1'>
.'
.'
.'
.',_.'..~~
!-._.-
~
c:--.~-".:;
-.:"
"1;1
--~-:'"'.J
u-,
ATTORNEY AT LAW
;:
::::;;;u;.:=-.(rJ-~---:::,n-:r-·_{--.r-
\b JJ.~~i"rr/j!Jg ....
u~,pt ~~'J~~~~~.J JOHN L BRUNNER
,
MAIN STREET
/
,.;...,.,......~~.I:,:
di:E:tT~I%
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS COURT DIVISION
IN RE:)
)
APPOINTMENT OF GUARDIAN )
)
OF FRANK PAYTORS,SR.,)
)
an alleged incompetent.)
No.
PETITION TO APPOINT GUARDIAN FOR AN ALLEGED INCOMPETENT
TO THE HONORABLE,THE JUDGES OF SAID COURT:
The petition of JULIAN M.MC CHANCY respectfully represents:
1.That your petitioner is JULIA M.MC CHANCY,of 179
Denese Drive,Weirton,West Virginia,daughter of Frank Paytors,Sr.,
herein called the alleged incompetent.
2.That the alleged incompetent is sixty-nine (69)years of
age,having been born on January 26,1902,who is a widower and his usual
address is 3112 Hill Street,Weirton,West Virginia,but is now a patient
at Weston State Hospital,Weston,West Virginia,where he has been since
September 27,1968.
3.That the presence of the alleged incompetent.in Court
would be detrimental to his welfare by reason of both hisphysical and mental
conditixi>n.
4.The :names and addresses of the next of kin of the alleged
incompetent who would be entitled to share in his estate should he now die
testate are:
NAME
Betty .j$.';l;Raytors
Frank Paytors
Julia McChancy
ADDRESS
Box 223,R.D.#4
Burgettstown,Pa.
3112 Hill Street
Weirton,West Virginia
179 Denese Drive
Weirton,West Virginia
RELATIONSHIP
Dau;ghter
Son
:""
Daughter
5::;"eThe inc~mpetent's estate <il'{1t:W:as'hington County,consists
of his share as sole heir under the will of his son Stephen Joseph Paytors,
a/k/a Stephen J.Paytors,in which an inventory has been filed in the Registe
of Wills office of Washington County,Pennsylvania showing '1la:~gross estate
of $8,975.00.
6.The alleged incompetent is unable to maintain his property
and he is liable to dissipate it or become the victim of designing persons
because of his condition which requires detention and treatment in a hospital
for mental troubles as indi~ated by affidavit of M.F.Bunyi,M.D.,a staff
physician at Weston State Hospital at Weston,West Virginia,attached hereto
and marked exhibit "A".
7.The alleged incompetent has no guardian of his estate.
8.No other court has ever assumed jurisdiction il;:l any
proceeding to determine the competency of the alleged incompet£11t.No
guardian has been appointed for the estate of the alleged incompetent.
9.The proposed guardian of the estate is Betty J.Paytors.
SFre,'pesrdesand is domiciled at R.D.#4,Burgettstown,Wa:iliilip:gtonJCounty,
Pennsylvania,and is the daughter of the alleged incompetent.
10.The proposed guardian 6f the estate has no interest
adverse to the alleged incompetent and is not a fiduciary of any estate in whic
the alleged incompetent has an interest.
1L The petitioner requests the Court pursuant to the Act of
February 28,1956,P.L.(1955)1154,as amended by Act of July 11,1957.
P.L.794.Sec.1.50 P.S.Sec.3301.to award a citation directed to the
alleged incompetent,with notice to his next of kin residing within the Commo -
wealth and to such other persons as the Court may direct to show cause why
Frank Paytors.Sr.should not be adjudged an incompetent and why Betty J.
Paytors should not be appointed guardian of his estate.
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF WASHINGTON
Personally appeared before me,the undersigned authority,
JULIA M.MC CHANCY,who,being duly sworn according to law deposes
and says that the facts set forth in the foregoing Petition are true and
correct to the best of his information,knowledge and belief.
Sworn to and subscribed before me this
9)4 day Ofq,\I'{I.)".1971,A.D.
4~UbliC
MY;;&.omrnisiOit F.1tWres ~U,~.l.~
~O'Wn.PeL.WasrllOg~1 ~~N
',p '/~....
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNT,Y
PENNSYLVANIA ORPHANS COURT DIVISION
IN RE:}
}
APPOINTMENT OF GUARDIAN }
}-;"No.
OF FRANK PAYTORS,SR.,}
}
an alleged incompetent.}
CONSENT
WE,the undersigned,being all the next of kin of Frank
Paytors,Sr.,an alleged incompetent,do hereby consent to the appointment
of BETTY J.PAYTORS as guardian of the Estate of Frank Paytors,Sr.,
our father.
It is our opinion that the best interest of Frank'PaYtors'~,Sr.
and our best interest would be served by having Betty J.J?aytors appointed
guardian of the above estate and we waive notice of the hear41g on
incompetency.
Frank Paytors
STATE OF WEST VIRGINIA.
COUNTY OF Lewis.......;;;==---------
M.F.Bunyi"M.D.being duly sworn according------------
to law deposes and says:
1.That he is a practicing physician,resident at the Weston
State Hospital,Weston,West Virginia,and is connected with the Weston
State Hospital as a staff physician.
2.That Frank Paytors,Sr.a resident of West Virginia
was admitted to the Weston State Hospital at Weston,West Virginia,on
September 27,1968
3.That upon admission of the said Fr~n~Paytors,Sr.on
)September 27,1968 to the said hospital,his mental condition was such as
.'J.....
to require detention and treatment in a hospital for mental troubles.
4.That the said Frank Paytors,Sr.is so mentally ill that
•:~.I (',,.,...~,,jo~~,
he is unable to take care of his property and in consequence thereof is liable
to dissipate or lose the same and become the victim of designing persons.
5.That the generC!-l condition of the said Frank Paytors,Sr.
is such that his welfare would not be promoted by his presence in Court.
Further deponent saith no~~~.
·M.F.Bunyl.,M D.
Sworn to and subscribed before me
M.D.
this ,2 7 day of '.~. '1971.
~~~~NOtar~ublic
"EXHIBIT A"
•..,
3Jn m~t <nnun nf <!Inmmnn 'Itaa nf maa~hl!Jtl1n <!Inuntg.tEttnnagluania
®rp4aun ~Qtnurt mittininn
..(
.)
QHtatinui NO.660 of 1971
.}
~.SS:
IN"~E:.(
APP.OINTMENT OF GUARDIAN )
of (
FRANK PAYTORS,SR.)
an alleged Incompetent.(
)
QtntnmnuWralt11 nf Jenn.6ylttania
Qtnuuty nf ltfan4in!ltnu
To:FRANK PAYTORS,SR.
Sur Petition of:_......J1LJ.1...1oJL.LII..AiA~M....--'-'M=c-"!.CH""'A~N'-'-'C"'-'Y~_..........
~r.r.rttug:
lIe Qtnmmau~Inu~----IF.:-LRu;::A....,.N.....K_P.......Ao...y......T.......ou...t.R......S.,....,----'S.....R.......'----_
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 Thursday ,the22nd day of_~J!...':u=l"-4lY'---_
19--1.1-,at 19:00 o'clock----'L-.M.,and show'cause why the said Frank
Paytors,Sr.,should not be adjudged an incompetent and a guardian
of his estate appointed;
and further abide the order of our said Court in the premIses,
If you fail hereof,the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the 25 day of__---:::~J-=un==-e----1971''.f)-4~~~~Clerk of the Orphans'Court .
•i,
j
BRuNNER AND GREGORY Esq.
Attorney for Petitioner.Main St.,
Burgettstown,Pa.
(Seal)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
PENNSYLVANIA ORPHANS COURT DIVISION
IN RE:)
)
APPOINTMENT OF GUARDIAN:)No.
)
OF FRANK PAYTORS.SR..)
)
An alleged incompetent )
DECREE
DERED AND DECREEDconsiderationoftheannexedpetition.IT IS
~
AND NOW.this ;tfl--day of ----::;~o::!:::::>l!::,.L-'1971,upon
that a citation be awarded and directed to FRANK PAYTORS.SR.,to show
cause why he would not be adjudged an incompetent and a guardian of his
estate as prayed for in the foregoing petition.
1971 at
The hearing to be held on the
/<7~OO o'clock d ....M.
i
z..Z-day of -~~:::::~7-.L1
~D-
At least ten ~)days notice of the hearing shall be given to
Frank Paytors.Sr.,the alleged incompetent by personal service of the
copy of said petition,and by service of notice upon M.F.Bunyi.M.D.•
staff physician at Weston State Hospital.Weston,West Virginia by registere
'mail.
B
J )
.iJ
~
-..
,.0,1
ill
'~
.,'
j.
IN THE COURT OF COMMON
PLEAS OF W~SHINGTONCOUNT)
PENNSYLVANIA ORPHANS coufuNp.DIVISION
IN RE:
APPOINTMENT OFGUARDIAN
OF FRANK PAYTORS,SR.,
an alleged incompetent.
MEDICAL AFFIDAVIT
and
AFFIDAVITS OF SERVICE
'Vd "OJ N01.:;~nHS{;i\
Sllll.~.~'})'~'SU::i:J
C:t I.i '::.:::::~~r:H
BRUNNER &GREGORY
.-:lmHmKDDBBm:fKINBB:
f'fl r -1 1"':1"11AT~OBNE'(.A'T.!.;AW (.I "rI ;~i
MAIN STREET
eURGETTSTOW7'P NNSYL.VANIA',
\.::~
I
,.STATE OF WEST VIRGINIA
COUNTY OF LEWIS
M.F.BUNYI,M.D.,Staff Physician,being duly sworn according to law
deposes and says:
1.That he is a practicing physician,resident at the Weston State
Hospital,Weston,West Virginia,and is connected with the Weston State
Hospital as a staff physician.
2.That Frank Paytors,Sr.,a resident of West Virginia was
admitted to the Weston State Hospital at Weston,West Virginia,on September
27,1968.
3.That upon admission of the said Frank Paytors,Sr.,on September
,I27,1968 to the said hospital,his mental condition was such as to require
detention and treatment in a hospital for mental troubles.The diagnosis on
this patient is:Psychosis due to Organic Brain Syndrome due to Circulatory
Disturbance.
4.That the said Frank Paytors,Sr.is so mentally ill that he is
unable to take care of his 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 Frank Paytors,Sr.is
such that his welfare would not be promoted by his presence in Court.
6.The prognosis on this patient i~Poor,because of his bad
physical health condition.
Further deponent saith not.
\
M.F.Bunyi,M.D.,St f Physician
Sworn to and subscribed before
me this /A--I:daYOf~G~
1971.
"Nota Public
My Connnission EXPir~~/973
..;....
.,~
June 28,1971
M.F.Buoy!,M.D.
Weston State Hospital
/~0 Weston,West Virginia
! (I I
I;I
"
rj-,-..'
..,
",
I II.[I
:1\ILl;.
\I I'--<
1/'.1/.,;,-\ I .
Ii:,
".I
LI .~."":."j.'.
".~
'-
In Re:Appointment of Guardian of
~rank Paytors,Sr:,an alleged incompetent
Dear Dr.Bunyi:
Enclosed is a Citation and copy of Petition in the above
matter to be served on Frank Paytors,Sr.Also enclosed is an
affidavit which should be completed and executed by you.
In the affidavit concerning the condition of the patient,
which we forwarded you before,there was no reference to a prognosis.
We 'tf1Ould appreciate your completing the enclosed medical affidavit
by adding to paragraph three'what the diagnosis shml19 on this patient
and by adding to paragraph six your prognosis indicating that there
is little hope that the patient will recover or that the prognosis
is poor because of the advanced'age of th~patient or whatever your
prognosis would be.Please return the t,vp afHdavi.ts to us at your
earliest convenience.The Citation and copy of Petition should be
served o~·the.incompetent no later than July 2,1971.
This letter will a180 serve a8 notice to you that the
hearing will be held on this ma~ter in the C9tirt of Common Pleas of
Washington County,Pennsylvanla.Orphans'Court Division on July 22,
1971 at 10100 a.m."
Very tNly.yours,
.BRUNNER &GREGORY
Walter 'W.Gregory,Jr.
WWG/njt
Bncloouree
1
·1
".~,"•I~,;.~~...:('.....':.J.:r:.n:::QJl'"tJlN~~1.':'.r....:~t-£~~~;.·:~~,;'f.\i.;~·~·:';'~'''':'a.1....or.".'.-'~'"......:...".1~'·"~.•.""""'..'.~,:",wo-.~..,....
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
APPOIN~NT OF GUARDIAN
OF FRANK PAYTORS,SR.,
an alleged incompetent.
)
)
)
)
)
)
)
No.
day of JUL.-V
I
A F F .r::ni A V I T
STATE OF PENNSYLVANIA )
ss
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally appeared,WALTER
W.GREGORY,JR.,who,being duly sworn according to law,deposes and says
. . . ....
that he served notice of the hearing in the matter of the appointment of
guardian of Frank Paytors,Sr.,an alleged incompetent on M.F.Bunyi,M.D.,
Staff Physician,Weston State Hospital,Weston,West Virginia,by Certified
Mail as indicated by copy of letter attached hereto and return receipt.
Sworn to and subscribed before me
.',.r7;-!this/1Q~
My Connnission Expires
~OTAR'·""LlC..
.>.'y C()l1'~R'"uJirec Qdober 12.1~1·
~own,PI.w.~QMl'J
3Jn UJ4t'OIourt of Q!omwon 'Itun of 1lmun4iltgton OIounty.'tnl1nyluul1iu
(@rpquuli'.<nnurt iltlliliinu
..IN RE:.((
-.APPOINTMENT OF GUARDIAN ). )
-FRAN~fPAllORS,SR...~or i.tatton ((),NO.660 of 1971
.,an alleged Incompetent.(
))
<!LUututuUUtl'lIltl1Uf Jl'UU!iylulIuill ./!i!i:
<nuuut!}uf mUlil1tttgtntt )
To:FRANK PAYTORS,SR.
Sur Petition of:_.......JI"-"JL.........I...e.;A.............M......-"'-'M~c~CH~Ao.:!N'-'-'C~Y"'-----:-__
~r.ertiug:
me arnmmuu~:mnu,--'F.;....I.R.u::A>..UNL..UK~p c...AYT.L-J-J..OL..l,JR.......S.....J --'S......R.......'----_
I'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 Thursday ,the 22nd day of_-----=J:....;:u=l~y-_---
19-7l,at 10:00 'o'clock~.M.,and show'cause why the said Frank
Paytors,Sr.,should not be adjudged an incompetent and a guardian
of his estate appointed;
and further ,abide the order of our said Court in the,premIses,
If you fail hereof,the petition may 'be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,' '
,at Washington,Penna.,the'25 day of '-:;'~J-=un==--e __''---_1971.E)~~~~~Clerk of the Orphans'Court ' .
BRUNNER AND GREGORY Esq.
Attorney for Petitioner.Main St.,
Burgettstown,Pa.
,"
(Seal)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
APPOINTMENT OF GUARDIAN
OF FRANK PAYTORS,SR.,
••0 ••_.,••
an alleged incompetent.
)
)
)
)
)No.
)
),
...'. ...-.
COUNTY OF LEWIS
STATE OF WE'ST VIRGINIA )
..
~
ss
AFFTDAVIT
~.'.
Before me,the undersigned authority,personally appeared,M.F.
BUNYI,M.D.,Staff Physician,who,being duly sworn according to law deposes
and says that he served the Citation and a copy of the Petition for Appointment
of Guardian on Frank Paytors,Sr.,the alleged incompetent,personally on
June ~c 1971 at ~
Weston,West Virginia.
o'clock,~.m.at Weston State Hospital,
M.F.Bunyi,M.D.,
Sworn to and subscribed before me
this .;rfJ.L day Of?'""'_
1971.
My Conunission EXPirr 8)J973,
~"!o
ifJ.
In the Court of Common Pleas of
Washington County,~ermsylvania
,Orphans'Court Di~ion
No.660 of 1971
IN RE:
ESTATE OF
FRANK PA YTORS,SR.,
c,
"
an alleged incom petent.'!
DEC R EE
"j
,(Ma~ino J 'J'.)
-'",,-!
.~i
:.<>J
.~
".~-
'"
;;~:-:~.1
~?~.;~:,i
_?~---
L ~~"~",-~!;:S.~~;::::.'".
'~~:~~;
';~t~:;;;:a...- , ,~}".~C;;
{~~;;
t~NS'COURT DIVISION
\}(COUR:vX..~COMMON PLEAS)v\It.e ~HINGTON.PA.\%-?
""-\',
i-
")
~
,~
t,
\,•
.,.,\F
'o\l..,~--:,\
'~""~'~~\
/~
~2
/;,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNA.
ORPHANS I COURT DIVISION
IN RE.:
ESTATE OF
FRANK PAYTORS~SR.~
an alleged incompetent.
)
)
)
).
)
)
).
No.660 of 197 1
DEC R E E
AND NOW~August "f/I 1971,upon consideration of the
annexed petition and after a hearing held following due notice,it is
ORDERED AND DECREED that
FRANK PAYTORS~SR.is adjudged an incompetent.
BETTY J~PAYTORS is appointed Guardian of the Estate of
FRANK PAYTORS1 SR.1 an inoompetent.
The said Guardian is directed to file an inventory in accordanc
with the provisions of Section 402 of the Incompetents'Estates Act of 1955,
as amended.
.,-.
N THE COURT OF COMMON PLEA
~OF WASlilNGTON COUNTY,PENNA
RPHAN"S COURT DIVISION
o.660 of 1971
..,
BRUNNER &GREGORY
BOND
-"-"-_...__.......-
':...:..J
"..1
i ....~
",...g ~-;:
r-:;:':
--.::l r c-...>~,en
'i,e,w,
APPOINTMENT OF
GU~IAN OF FRANK
P AYTORS,SR.,
AND NOW~OCTOBER 31,1972
within B~nd appro~d a~~
ordered;'~~~-5i..~r~l.,'~_,""
r ,~)f''"/,/~C--?,,"::L '",_.",_~'
RuS-B e-'1 MaIi in:o ,
;;;~9.~rkO.C:.'Div'n
-'"~:4':'-'.-..-.::;..,,,-_,.--t:~''"
;~::'-;',,::".:,-
ATTORNEYS AT LAW
27 MAIN STREET
BURGETTSTOWN,pENNSYLVANIA
0/-----
\
an alleged incompetent
N RE:
l'
~
.;
l
I
l
t,I
/;:;:
~J
f~'
~
"
I!{
:~r:.IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY
~'PENNSYLVANIA ORPHAN'§COURT DIVISION
,.
IN RE:APPOJN.a!lVIEN'J:'~QF',r.;,:.t J,.)
GUARDIA,:N:.Of'lFRA!NK,:'I'T)
PAYTOR$,rStf.{:;,,'j,':)No.·,,66Q.®f.1971
)
an alleged incompetent )
BOND
KNOW ALL MEN BY THESE PRESENTS,that we,Betty J.Paytors
of R.D.#4,Burgettstown,Washington County,Pennsylvania,'and
Unit(1:d States Fidelity and Guaranty Co,.are'held andfi-r-m-l-y-----I
bound to the Commonwealth of Pennsylvania in the sum of 5,000.00 dollars,
lawful money to be paid to the said Commonwealth her certain attorney,or
assigns;to which payment well and truly to be made and done,we do bind
ourselves,our heirs,executors,administrators,successors and assigns,
jointly and severally,firmly by these presents.Sealed with our seals,and
dated the 31st.day of October,A.DJ;a on.e thousand nine hu~dred and
seventy-two.
The condition of this obligation is such,that if the above bouden
Betty J.Paytors,guardian of Frank Paytors,Sr.,an incompetent,,when '
required by the Orphan's Court for the County of Washington,render a just
and true account of the management of the property and estate of the said
incompetent,under her care,and shall also deliver up the said property
agreeable to the order and decree of the said Court,or the direction of law,
and shall in all respects faithfully perform the duties of guardian of the
said Frank Paytors,Sr.,then the above obligation shall be void,otherwise
it shall be and remain in full force arid virtue.•
ATTEST:
,w ....,,
United States Fidelity and
CO.Bal~imore Maryland,as
/",7'B .,U-~~tt.-C-Vh...~.?
At /.orney in Fact..{.
IN THE COURT OF COMMON PLEAS OF -WASHINGTON COUNTY.PENNi.
OR PHA NS'.COURT DIVISION
I.I!....,.....,""....,'"{.~.J
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
IN RE:
ESTATE OF
FRANK PAYTORS.SR.•
~an alleged incompetent.z~oJ>-UIZZ'Ill
II.
.'
i
I
.1••.,.
)...".-..'....)..
)...' .No··:;:6'6D of 1971
')>-~.'J '..;0..PJ\'
)+
)
)
)
i~~BEFORE:
:z:III«~
THE HONORABLE P .VINCENT MARINO.Judge
of the said Court.
Thursday,July 22,1971.at 10:00 o'clock A.M .•
EDST.
WALTER W.GREGORY.ESQ .•of Washington•
Pa.,representing the Petitioner.
TIME:
.=~APPEARANCES:...!!!Q
oJ<I:U
C
:J.,
:r:~N
aiII:III~THE COURT:Mr.Gregory?
LIIIII:~MR.GREGORY:Good Morning.Your Honor.If the Court pleasE,
:JoU
oJ in the matter of the appointment of a guardian for Frank Paytors,Sr.,
<I:Uii:~an alleged incompetent.this is the tim e set for hearing on the
petition of Julia M.McChancy for the appointment of a guardian.
THE COURT:Has ser~ice been made in accordance with the Court's
Interlocutory Order?of June 25.1971?
MR.GREGORY:Yes,Your Honor.I have here the Affidavit of
M.F.Bunyi,Staff Physician at Weston State Hospital,Weston,
West Vire:inia,indicating that he served the Citation and a copy of th e
2
.Petition on the alleged incompetent personally on June 30,197'1.at..
4:00 o'clock P.M.at Weston State Hospital.I also have the Affidavi
made by :Myself indicating that I served a notice of the hearing on Dr
Bunyi by cert~fied mail which was mailed June 28,1971,and the reh rn
receipt is attached showing delivery of the notice on June 30,1971.
THE COURT:Were there any heirs to be served?
~z~MR.GREGORY:The heirs are present in Court,with the exception of.....>-UI~a son who is not present.
III11..
time his sisters don't know where he is.
ments and with the rules of this Court and with the Interlocutory
Weston,West Virginia.'You may proceed.
'and there was a home in the nam.e of his wife who has died.The son,
The Court will order filed the Affidavit of Service on
The alleged incompetent resided at Weirton,West Virg nia
Where does he reside?
THE COURT:
MR.GREGORY:
the alleged incom petent.The same complying with statutory require
part of the record the Affidavit of counse 1 with res pect to service on
I am informed lives part of the time in that home and the rest of the
the physician who is'the staff physician of w:eston State Hospital,
Order made by this Court on June 25,1971.We will also make
THE COURT:i
0I-~z
iIIIC~
..:~0:I-
UI
e Cl...«U
0:J.,
:I:~...
ai0:IIII-0:
0L11/II:
I-0::J0U...«ij
ii:...
0
e
3
JULIA M.McCHANCY IS CALLED AND SWORN.
EXAMINATION BY MR.GREGORY:
Q
A
Q
~Az
0(>oJ Q>-en.zzIII AII.
7.0l-I)Qzien0(A~
~~QII:l-en
c
oJ A0(
~
C:J Q.,
:rI-....til AiiiII:IIII-QII:0II.IIIII:
I-AII::J0u QoJ«Uii:A...0
Q
What is your name?
Julia M.McChancy.
That is Mc Chancy.Where do you live?
179 Denese Drive.
In Weirton,West Vi.rgi.nia?
Yes.
And are you a daughter of Frank Paytors,Sr.,the alleged incompetF'nt?
Yes.
How old is your father?
69.
When was he born?
January 26,1902.
And is he married?
He was married.
And is your mother deceased?
Yes .
What is his usual address or where did he last live before entering
the hos pital?
A 3112 Hill Street,Weirton,West Virginia.
Q Who owns that home?
A Well,the house was left in my mother's name,but the estate was fiE ver
settled.
4
Q The house was in the name of your mother and she died and is the
house occupied at the pres ent time?
A
Q
A
c;;-
~z A«>..I>-(/lz QzIIIDo
i A0I-eI
Z
i Q(/l«~
.,;A~Il:I-(/l Qa
..I«
U Aa
::l""l
:z:QI-"N
<IiIl:AIIIl-ll:0Do QIIIIl:
l-ll:::l A0u...«Quii:II.0
A
Q
A
Q
A
Q
Temporarily by my b:rother.
Have you attem pted to s ell the house?
Yes.
Have you been able to sell it?
No.
And what condition is it in?
It's run down.
To your knowledge then your father would have an interest in that ho se.
Yes .
Does he have any other assets in West Virginia?
No.
Where is he located at the present time?
My father is in Weston State Hospital.
How long has he been there?
Going on thre e years.
Prior to that time where was he?
In a nursing home in Chester,West Virginia.
How long was he in the nursing home?
I don't know exa~ctly,but I think it was around two years.
While he was in the nursing home did you visit him?
Yes,every month we visited him.
Why was he moved to Weston State Hospital?
A Because he became violent up there at the nursing home and that's
what they recommended us to do.
Q And he has been in Weston State Hospital since September 27,1968?
/i Is that approximately when?
A Yes.
Q Haveyou visited him there?
A No.
Q Why?
A Because it seemed like whenever he seen us it became so upsetting
to him,so we felt it best not to.
Q Did the doctor at Weston State Hospitalsuggest thatyou not visit him
A Yes.Just not visit him,you know.
Q Your father has three children?
A Yes.
Q Yourself and who are the two others?
A My sister and brother.
Q And your sister's name?
A Betty Paytors.
Q And where does she live?
A She lives,it's an R.D.Number-I,Devil's Den Road,Paris,Pa.
Q That is R.D.#4,Burgettstown,Pa.?
A Yes.
Q Your father had one other son,is that right?
A Yes.
Q Who was he?
5
6
A Frank Paytors,Jr.
Q Where does your brother live?
A Temporarily he just lives in my mother's house.3112 Hill Street,aE fa;r
as I know.
Q
A
~z«>.J>-fIl Qz
ZIIIII.
i A0I-el
Z Qi
fIl«~
..=A
~0:I-QfIl
0
.J~Au
0:::l.,
>:Q0-r-(II
iii AIEIIII-0:0 QII.III0:
I-0:A:::l0U
.J«Quii:IL0 A
Q
A
Q
A
Q
Does he live there reguiIJa:fr!Y1or---
He doesn't stay there all the time.He's single,a single man and he
cb esn't stay there all the time.
When he isn't there do you know where he is?
No;no,we don't.
Your father had one other son,is that true?
Yes•
What was his name?
Stephen Paytors.
That is Staphen Jos eph Paytors.also known as Staphen J.Paytors ?
Yes.
And he is deceased?
Right.
And are you the Administratrix of his estate?
Right.
And did he live in Washington County.Pa.when he died?
Right.
Haveyou filed an Inventory in his estate?
Yes.
What was in his estate?
A A home and a car.
Q Do you know the value of the home?
A I imagine around $7,000.
Q And the automobile?
A About $2,000.
Q Was the home set out in the Inventory filed at a value of $7,OOO?
A Right.
Q Was tne automobile set out at a value of $1,975.00?
A Yes.
7
THE COURT:
MR.GREGORY:
THE COURT:
Is this an intrestacy,Mr.Gregory?.
Yes,Your Honor.
Who are the heirs?
Q Your brother did not leave a will,is that right?
A No.
Q And your father would be his sole heir.
A Right.
THE COURT:Not married?
Q His wife predeceased him.
THE COURT:No children?
Q And he has,the brother---no,excuse me,Your Honor.The brother
Stephen Joseph Paytors was not married and had no children.Is thai
true?
A Right.
Q So the sole heir woukll;be his father.
THE COURT:His mother having died.
8
Q His mother predeceased his father.So that (toIYou r knowledge the on y
assets.your father would have would be his interest in the estate of
Stephen Joseph Paytors in a gross amount of $8.975.00.Is that righ ?
e A
~z A0(>..I>-UIz Qz
1IJII.
i0I-lJZiUl0(
~
..:u
ii:I-UI ACie..I0(
§Qc:l..
%At::til
ai0:QIIII-0:0LIII0:
I-0::l A0U
..I0(u Qii:I&.0
e
A
Q
iI
I A
Q
What was that question again?
(Stenographer reads back last que.stion).
That's right.
And other than that amount.your father would have no assets except
his interest in this house in West Virginia.which you say you have
attempted to sell.and have not been able to sell.and which is in a
run-down condition.
Yes.
To your knowledge has your father any guardian of his estate?
No.
To your knowledge has anyone eyer gone into Court anyplace in orde r'
to have him adjudge'd,incompetent?
No.
And you have suggested as the guardian of your father's estate your
sister.Betty J.Paytors.who res ides at R.D.4.Burgettstown.
Washington County.Pa.Is:.:.;that true?
Yes.
Your sister is purchasing or with the permission of the Court intends
to purchase the home that was left by your brother,is that right?
Right.
If the Court please.I would ass.ume that that would create an adversr=
interest.
THE COURT:. I think so.
9
Q Inasmuch as the petition will be filed ·and the guardian would have to ;Je
notified.
THE COURT:Is she in Court tOday?
Q Yes.In the event the Court should find that your sister could not serve
as guardian of the estate of your father,would you suggest someone
el se?
A The only one I could suggest would be my husband.
Q And is your husband in Court today?
A Yes.
Q What is his name?
A George Me Chancy.
Q If the Court please,I would like to offer in evidence the Affidavit of
M.F.Bunyi,the Staff Physician at Weston State Hospital,showing
the diagnosis of the condition of the alleged incompetent~and his'
prognosis.This Affidavit is attached with the Affidavits of ServicefJ
and is more complete than the original affidavit pres ented with the
petition.The Court will notice that a prognosis is given.
'THE EOUmT:The Affidavit of Dr.Bunyi,he being a staff physician
at the State Hospital at Weston State Hospital,Weston,West Virgini ,
the same is received in evidence and made part of this record.
Q Now,Mrs.MeChancy,in the Affidavit of Dr.Bunyi,he states that
the chance of recovery of your father is very poor because of his
10
physfuiab condition.What do you know concerning his physical condit on?
A Well,I know that he had two severe strokes.One soon after my mot er
died,which left his right arm paralyzed.He can never use his righ
arm.It left him speechless.He never could speak after that.
e Q
A
~z0(>...I)0'
CIlZZIIIII.
i Q0I-0zi:
UI0(~
Was there anything else concerning his physical condition?
Well,30 yeEJrs ago he had a cancer operation.He had a colostomy.
And the doctor gave him 20 years to live,you know.That was way
back then.Other than that,I don't know of anything else.
Does the Cou rt have any questions of this witness?
..,:
!:1ll:I-CIl
0e...I0(
§
0:J.,
:t~C\I
iiill:..l-ll:0LIIIll:
l-ll::J0U
...I0(
Uii:IL0
e
EXAMlNATION BY THE COURT:
Q Mrs.McChancy,does your father speak at all,did you say?
A No,he never could speak after that.
Q Was that his condition before he went into this Weston Hospital?
A Yes.
Q Then :;would you say that he would be able to look after his bUfB'in.ess
affairs?
A No.
Q If he were permitted to receive the funds that he is entitled to from·
his son's estate,do you feel that he could manage that money?
A No.
Q Is it possible that he might becom e the victim of designing individua s
if he were permitted to handle that money?
AMes.
11
Q You felel then definitely that a guardian should be appointed for his
estate so that they could eventually handle that money?
A Yes.
Q And you are in favor of a guardian .either your sis ter.that is Betty.or
you r husband?
A Yes.
Q Do you have confidence that either of those persons wbuld properly
manage the estate ?
A Yes.
Q That's all the questions we have.
MR.GREGORY:I have one other on his condition.When your mother di~d
was your father notified?
A Yes.He was living at hom e with my mother and he was at the funer,I
home.Oh.his first stroke happened soon after my mother died.
THE COURT:What year would that be?
A 1968 my mother died.in October.He had his first stroke the day after
Christmas in December.
MR.GREGORY:Was he notified when you r brother died?
A We notified his doctor and the doctor sugges ted we didn't tell my dac .
That it might be upsetting to him.
MR.GREGORY:
THE COURT:
That's all I have,Your Honor.
One other question.Was your father to your knowledge
ever a member of the Armed Forces of the United States of Am eric,?
A Yes.he was.
THE COURT:
War II?
When was he in the Armed Services?Was it during World
12
A No,the First World War.
THE COURT:Would that be before 1918?Let's see,what was the
date ofyour father's birth?
A 1902.
MR.GREGORY;He would be 16 in 1918.
THE COURT:World War I ended in 1919.
MR.GREGORY:He would be 17.
THE COURT:Would your husband know something about it?
GEORGE McCHANCY:He didn't really know his age and the re was a
descrepancy about his age.He was in the Cawary with the horses.f.e
helped shoot horses.That was at the end of the First World War.
MR.GREGORY:How long was he in?
GEORGE McCHANCY:
MR.GREGORY:
GEORGE McCHANCY:
THE COURT:
GEORGE McCHA NCY:
Just a lshort period of time.
Was it months or---
Less than a year.
Was he honorably discharged?
As far as I know.
A He was honorably discharged,yes.
THE COURT:One more question.We won't go into that any
further except for this ques tion:was he ever awarded a pension of
any kind or any disability payment from the Government?
A No.
THE COURT:That's what we want to know.That's all.Let's hear
1 3
from the propos ed guardic:in because there's SOme doubt in the Court'~
mind as to who is going to be appointed.
BETTY PA YTORS IS CALLED AND SWORN.
EXAMINATION BY MR.GREGORY:
Q What is your nam e ?
A Betty Paytors .
Q Where do you live?
A R.D.4,Burgettstown.
Q That is in Washington County.Pa.?.
A Yes.
Q Are you a daughter of Frank Paytors,Sr.?
A Yes.
Q You heard your sister testify just now?
A Yes.
Q Doyou agree in every way with her testimony?
A Yes.
Q Would there be any changes you would want to make in her testimony?
A Well.yes.Whenever my father had that stroke.the second stroke.
it did a lot of brain damage.And I think that you asked what year did my
mother die.I think it was 1966.
Q You are living in the home which was owned by your brother Stephen
Joseph Paytors.is that true?
A Yes.
Q And have you agreed with your sister to buy that home?
A Yes.
Q This is a mobile home?
A Yes.
Q That was placed on land owned by you.r brother.
A Yes.
Q Do you feel that if you were appointed guardian of your father's estate
tha t you would have any interest adverse to his or against his intere st?
A What?
Q If you were appointed guardian of your father's estate,do you feel
you would have any interest that would be against his?
A Against his?
Q Yes.
A No.
14
Q Do you feel you'd be able to handle his estate or any money he recei'ed?
A Qh.yes.
Q How old areyou ?
A I'll be 34.
Q Are you married?
A No.
Q Are you employed?
A Yes.
J
Q Wher,e?
A Weirton Steel.
Q How long have you worked there?
A About 15 years.
Q Does the Court have any questions of this witness?
EXAMINATION BY THE COURT:'
Q When your mother died was she living in West Virg,iniadn this home
that is owned by the family?
A When she died?
Q 'Yes.
A My mother died in the hospital,but she lived there.
Q She lived there l::afore she went to the hospital?
A Yes.
Q Was your father living there with her?
A Yes.
Q When your mother died did she have a will ?
A No.
Q Was anything done in the settlement of her estate?
A No.
Q No one took out any Letters of Administration or anything like that?
That is to settle the es tate.
A No
15
Q Did she own anything of any consequence besides this house that they
were living in?
A No.
Q:;1 As far as you know was that hou se that they were living in in both
names,herself and her husband's,your father?
A No,it was just in her name.
Q So that the title to that property in West Virginia then would be partl
in your father and party in the children.Who owns the pro perty now
since your mother died?
"A Well,it went to us children and my father gets a share too.
Q That's my point.Your father would only have a share in that prope rtlY
and the children would have a share.
A Yes.
Q Who is looking after that property now?Is anyone in it?
A No,nobody is.
Q It isn't rented?
A No.
Q Why?
A Because sometimes my brother Frankie is there part-time and soml -
times he lives there.
(Q Was he left in charge of it?Your brother Frank,was it satisfactor
with aU the rest of the members of the family that he stay in that
property?
A Yes.
16
17
Q But he would only own a share of it just like you and your sister wou d.
Isn't that true?
A Yes.
Q Together with your father.
A Yes.
Q Now as to the property in Washington County that you r brother Steph n
owned,is that a mobile home?
A Yes.,
Q That is whereyou areliving now?
A Yes.
Q.Is anyone else living in that hom e?
A No.
Q Are you making any arrangements with anyone to pay rent for your
living in the home?
A My brother still has a mortgage on the house,so I just pay the bank
the money.
Q How much is the mortgage?
A $83.00.
Q You pay $83.00 a month?
A Yes.
Q How much balance is due on the mortgage,would you know?
GEORGE McCRANCY:$2800.00.
Q Your brother-in-law has suggested that the balance on the mortgage
is approximately $2800.00.Would that be about correct?
A Yes.
Q What bank has the mortgage?
A Steubenville Building &Loan.
Q In Steubenville?
A Yes.
Q Have you ever been married?
A No.
Q You intend,if it is possible,and a proper price can be arranged,to
buy this property that you are living in?
A Yes.
Q What size lot or acreage is this home on?Is it on a large piece of
ground or jus t a lot?
18
MR.GREGORY:If the Court please,thirty hu ndreths of an ac re .
Q About a third.
MR.GREGORY:Yes.It's a part of Lot Number 5 in an unrecorded plar
of lots laid out by J.M.Arnold in Hanover Township.
Q We understand that the p~operty there is about a third of an acre.
Do you feel that that is correct?
A Yes,I do.
Q And you have been living there alone?
A Yes.
Q That is since your brother died.
A Yes.
Q When did he die?
A May 24,
Q .This year?
A No,last year.
19
MR.GREGORY:May 25,1970.
Q And since tha t time you have lkiv·ed-in~ther.e.aill-Q::rme?
A No,I lived- --wait a minute.
Q Are there others living there with you?
A No,I'm living by myself.
Q Wereyou living with your brother there when he died?
A No.
Q You moved in later?
A Yes.
Q Was your brother living there alone when he died?
A Yes.
Q He was unmarried?
A He wasn't married.
Q Had he ever been married?
A No.
MR.GREGORY:If the Court please,may I interrupt?There was anothe
.man living there with the brother,is that right?
A Yes.
THE COURT:
MR.GREGORY:
Unrelated?
He was unrelated.He was paying a certain amount as
rent to the brother and he paid it to the estate after that.This other
man lived in the house from the date of the death of your brother unt'l
about December,1970,is that correct?
A Yes.
MR.GREG01lY:And at that time he was paying rent.
THE COUR T:Then did he move out?
MR.GREGORY:Yes.
THE COURT:And then did Betty move in?
20
MR.GREGORY:
THE COURT:
Yes.It was after he moved out,she moved in.
You moved in in December or January.
A I moved in in January.
THE COURT:
A Yes.
MR.GREGORY:
1971 ?
She was at that time or prior to that,had agreed that s e
would buy the home.
THE COURT:
MR.GREGORY:
Verbal agreement?
Yes.And it has been the delay in having a guardian
appointed and filing the Petition and so on,which has caused the dele y
and her living there.
THE COURT:Well,she never had any agreement with her brother to
buy the home,did she?
MR.GREGORY:
THE COURT:
MR.GREGORY:
THE COURT:
No.
He was going to continue to live there?
Yes.
But then he passed away and then she then agreed with
the heirs to buy this home.
21
MR.GREGORY:That's correct.
THE com T:Not knowing,of course,that the heirs don It have any ,
title in it.
..MR.GREGORY:That is true .
.THE COURT:Well,I am speaking of the heirs and what I mean is the
presumptive heirs at the time.None of them are heirs of her brothe
because the father is still living.
Administratbix of the estate of the brother and it is dated December
4,1970.Settlement was to be made on or before February 1,1971.
5z<l:.>..I>-en~MR.GREGORY:
IIIQ,
ioI-elZ%III<l:~
Yes.If the Court please,the agreement was with the
I
Ie
.:uiI-!!!c
..I<l:
U
C::l..
:z:t::'"
There was a good deal of delay in writing to Weston State Hospital
getting the information concerning the father and his condition and
determ ining that he would have to have a guardian and that none had
been appointed.
THE COURT:
THE COURT:
THE COURT:
MR.GREGORY:
Yes,it is,Your Honor.
Yes,Your.Honor.
a
Thatls/perfectly proper agreement..and undoubtedly
And her agreement is with the Administratrix of the es ate.
That is a written agreement then.iiilI:..l-ll:o~MR.GREGORY:lI:
l-ll:
::lo
U
~Uii:...o
enforceable.What were the main terms of the agreement?
MR.GREGORY:She was to purchas e the property for the sum of $7,000
paying $500.00 on signing of the agre'ernent and the balance of
$6,500 on delivery of deed.The sale.is subject to approval by the
Orphans I Court of Washington County and if approval is not obtained
22
the agreement is null and void.
THE COURT:Those are the pertinent features.
(At the direction of the Court.cff-the-record discussion was not
recorded by the stenographe r).
CONTINUED EXAMINATION BY THE COURT:
Q Miss Paytors,what has been the extent of your schooling?How far
did you go in school?
A Tenth grade.
Q And I presume that you went to work with Weirton Steel right after
you left school or shortly thereafter?
A Shortly after.
Q We have no other questions of Miss Paytors .
MR.GREGORY:
THE COURT:
MR.GREGORY:
That's all we have then,Youro "libnor .
Did you want to call Mr.McChancyas a witness?
If the Courtw,0u.ld appoint Miss Paytors.I don't think it
would be necessary to have him testify.unless the Court has a quest on
as to whether she would be appointed or not.
THE COURT:I feel sat}.isfied that we can appointcMiss Paytors as
guardian.Did he have something he wanted to ask you there?
(Proceedings Closed).
I hereby certify that the proceedi~gs and evidence are
contained fully and accurately in the notes taken by me on the hearing of th
above cause,and 1that this copy is a correct transcript of the same.
The foregoing record of the proceedings upon the heari g
of the above cause is hereby approved and directed to be filed.
..'",.
..~
J
PENNA.
\,.
1f .
I./.
IN THE COURT OF C0MMON PLEAS OF WASHINGTON COUNTY,.',.'...~
.,').-
ORPHANS I COURT DIVISION'
IN HE:
ESTATE'OF
FRANK PAYTORS,SR.,,
an alleged incompetent.
)
,).
)
)
)
)
)
No.660 of 197.1
D E.e,H,E E
I,
'/'""."
AND NOW,,,August'11:,1971,,upon'considerat'iC:mof the
~FRANK ,PA'YTO{{S','SR.i~adjudged'aQ incompeterit.
...'..,:..'
annexeg peti~~on~nd after a hearing held following dlJ.e notice,.,
,.""./
.ORDERED AND DECREED that'
it is
.,
,"
..BETTY J.,pAYTORS is appointed Guardian of the E;.stateOf '"
,- ,-_• "e',~-,,'.,"• .",~-,.....,~
.....11 ..,.,
''':'~,'
The .saidGuardian is directed to file an inventory in ac'cordance .,~
"l '.,..
w'ith the provisions of Section'402:of the I~competentsI ;Estates'Act 0('195'5,":':
..as amended.
,;.,,I •'4 '.,
~'-'..Th~said GuardianshaU file bond'with sufficient surety tn the..
sum-of $5,000.00 at-the .time of receiving too estate distributi<?n.
By the Cour~.
P.V.MA~INO"
J.
,,
"
.t
......'_.......~--..._~-~-'-,-,-j