HomeMy WebLinkAboutOC1971-0929 - ESTATE OF WEIHERForm for Guardian or Trustee
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lin wqr ®rpqun.6~<!Tourt of lIusqingtou Olouuty
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Estate of WIE Wll!F.lR .
For .
..........._AN INQOMI'E.TElir.r ..
minor-incompetent-life tenant
Date of trust
or guardianship O'Qt.~ib.~~16.."191..1 ..
If there have been former accounts
filed in this estate,list:None
Filed at No....63.~.1.l~.9.29.......~....
Fiduciary CLIF.E'ORD B.•...S.A1iTEE.,
Place of record
of appointment....W.a.shi.ngto.n...Cauu:ty....Caurt...Hous.e.
Reason for filing this account...p.~.?'l~h...Q.f.~9.9.mP.~t.~n:t;Qn p.~Q~mp.~~J::J,1.9.1.2 ..
All persons having any interest,vested or contingent (including claimants),in the fund now before the Court,
with the nature of their interests are:'
Mellon Bank,N.A.,Executor under the Last Will and Testament of Mazie Weiher
All of said parties have received notice as required by the Court Rules except as follows:
None
The fund now before the Court is subject to the following taxes:
None
Set forth any legal problems requiring'adjudication by the Court or difficulties that must be met in distribution:
None
/
Balance for distribution per account,Cash :i3a jil!~iX1 $2.llA.16..
Additional debits not shown in account:
(Indicate whether income or principal)
Additional credits not shown in account:
(Indicate whether income or principal)
Russell Marino,Reg.,Additional fee
for filing First and Final Account
Income
Total additional debits
Total additional credits
$..
$::::::::::::::::::::::::::..
$2...0.0 .
Balance for distribution
Cash
--~R.R6it>a~$.
--ln€,eHle--$.
Total $209..16...
If the balance for distribution is not in cash,list items held in kind with carrying value designated,and if this is
a distribution account,file elections to take in kind for all items so listed:
S'PATE'OF PENNSYLVANIA,'~
SS:
COUNTY OF V\TASHINGTON,.;.
Personally appeared before !lit'the undersigned authority
.................................................................-_.
guardian of the estate of UI1 MI1DB.M ~~.P.IP.l..IQI "".
.................................................................................................................................................................................................................................................._..-....__....._..
......,who being duly sworn.deposes and says that the following is a true and correct Inventory and State-
ment of the personal and real property which are of the estate of the above named __Ire lEe""
Sworn and suobscribed before me this )
~if
.......~day of...~~:."".,19..~.
.............................................................................................................)
Clerk of Orphans'Court.,
Dollars
lS.000(1)
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!lS -$1,000.00 a-t••B "'ling...••t...I
f---------r-.---!I
_....-·(~)---r~-;-~&ht ~.ID_e Pollet..vith tile 1
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__...J_..lJlWleDUal.IDa....c.qpaDl in .._.f _.000.00 IIII----+--'--~-I
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(3)I A aont.h17 Amn:a1 'J'Inc_t~01'1'11 ....1..1D tbe i
I--------·-r-I,
:__t ot $190.00.t---·T---------·.-..·..-·...:.----·----·----------...jll ----+-----1
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II- _--.-+---..---_·_---_·_-------_···_--_·_----------::-----1-----1
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NOTE---lf real estate,give street and number,Ward of City,Borough or Township,and
County,and reference to Deed,Mortgage·,Voiume and Page.
If cash in bank,give Dame of same.
S~t forth accountants suggestion as to manner and form of distribution to be made,awards to be stated in pro-
portions uQless specific amounts or items are designated by instrument under which estate is being distributed:
(a)
(b)
Check for balance in cash payable to M lIon Bank N.A.,Executor under the
Last Will and Testament of Mazie Weihet
Award to Mellon Bank,N.A.,Executor under the Last Will and Testament of
Mazie Weiher -9 -$1,000.00 Series H.Savings Bonds.
COUNTY OF WASHINGTON,
COMMONWEALTH OF PENNSYLVANIA,~88
The above named Fiduciary or representative thereof,
being duly Ii!W,Q*.n......•.....doth depose and say that the
facts set forth in the foregoing petition are true to the
best of his knowledge and belief.
.........s.wm to and subscribed before me
ThiS :.L:2..~~ay~.(l..~~ga:7.J.\.:"'~,'>/)
.Si~na.~~re Of.~~_.i~~r ~~~..~~~~~..~y-
TItle of Officer......;:]!at3fY.p~~,..\\!aslljl1gtonl.woll611~'CO'....
•My Commission Expires July 14,1975
Office expires :.
And your petitioner will ever pray,etc.
RUSSELL MMONO
REGISTER OF WILLS
WASHINGTON CO.•PA.
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'rtUion ~ur 1\ullU
IN THE
ORPI-IANS'COURT
OF WASHINGTON COUNTY
FORM USED FOR GUARDIAN-INCOMPETENTS
-OR TRUSTEES
No....63~1.l~...~...f)29
ESTATE OF ~.~~~.
FOR ..
.................................AN.mCOMPETENT ..minor-incompetent-life tenant
Counsel for the accountant shall submit herewith the
following,if pertinent:
1.Will or trust instrument-attested.
2.Inventory.
3.Signed elections of items to be taken in kind-
if distribution account.
4.Stipulation or certificate by minor approving
account.
S.Praecipe for those represented.
~~~~~~i:
JAMES C.BANE,ESQ.
307 Walilington Trust Bui.1di~
Washington,Permsy1vania 15301
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'73 MAV II AN 9 50.
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IN THE COURT OF COMMON PLEAS
OF WASHING TON COUNTY,PENNA.ORPHANS COURT DIVISION
NO.~3-7/~q::J-.
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IN RE:APPOINIJ.1JPIENT OF
GUARDIAN FOR MAZIE
WEIHER,AN ALLEGED
WEAK-MINDED PERSON.
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C.BANE
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
/AS-/
PETITION FOR APPOINTMENT
OF GUARDIAN
INTERLOCUTORY ORDER
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IN THE COURT OF COlYlMON PLEAS OF WASHINGTON COU1ifTY,PENNSYLVANIA
ORPHANS COURT DIVIS ION
IN RE:APPOINTMENT OF GU.ARDIAN )
FOR MAZIE WEIHER,AN )
ALLEGED lrlEAK-MINDED )
PERSON )
NO.~3-7/-7~1
PETITION FOR APPOINTMENT OF GUARDIAN;
TO THE HONORABLE,P.V.MARINO~JUDGE OF SAID COURT:
The Petition of Clifford B.Santee,respectfully repre-
sents:
1.Your petitioner is a long time friend of Mazie
Weiher,the alleged weak-minded person,and resides at 148 south
Wade Avenue,Washington,Washington County,Pennsylvania.
2.That Mazie Weiher is at present a patient at Ankrom
Convalescent Home,1198 West Wylie Avenue Extension,Washington,
Washington County,Pennsylvania,where she has been confined for
the past five (5)months.She is a w'idow,seventy-three (73)year
of age,having been born on January 3,1898.
3.That the names and addresses of the next of kin of
the alleged incompetent are:
(a)Edith Lewis,half sister,of R.D.#4,
Washington,Washington County,Pennsylvania.
(b)Arnett Lewis,brother,of Rome,New York,
who has only visited the said alleged
incompetent one (1)time in eleven years
and that being in October,1969.
(c)The said incompetent is the widow of
William Lewis Weiher who died on October
24,1969.
4.The estate of the alleged incompetent consists of
the following:,..
(a)15-$1,000.00 Series H Savings Bonds for a
total of $15,000.00.
,,'
(b)2 Straight Life Insurance Policies with the
Prudential Insurance Company and in the sum
of $5,000.00 each,and 1 Straight Life
Insurance Policy with the Prudential
Insurance Company in the sum of $4,000.00.
Each of the three life insurance policies
with Prudential Insurance Company contains
the name of William Louis Weiher as
beneficiary.
(c)A monthly Annuity income from Civil Service
in the amount of $190.00.
5.That the said alleged incompetent has never been an
is not now a member of the Armed Services of the United States of
America.
6.That the said Mazie Weiher,because of mental in~
fi~mities,mental illness and mental deficiency,is unable to
manage her property and consequently therefore is liable to dissi-
pate or lose the same and become a victim of designing persons.
7.That the name of the proposed guardian is Clifford
B.Santee,who has for the past five years and more,held a Power
of Attorney from the alleged incompetent and who has taken care of
all her financial requirements in addition to taking care of her
physical requirements.
8.That the said Clifford B.Santee agrees that he
shall at no time eVer make any claim against the said Mazie Weiher
either during her lifetimenor following her death for any of the
services performed by him from the hginning of time to the date
of his appointment.
9.That the proposed guardian has no interest adverse
to the alleged incompetent.
10.That no other Court has ever assumed jurisdiction
in any proceeding to determine the competency of the alleged in~
competent.
11.That the alleged incompetent has no legally ap-
pointed guardian of her estate.
WHEREFORE,your petitioner prays your Honorable Court
that a citation be directed to the said Mazie Weiher,alleged in-
competent,with notices to ber next of kin and to such other ":,'.:'
persons as the Court may direct,to show cause why she should not
be adjudged an incompetent and a guardian of her estate appointed
_.'
under the terms of the Incompetent's Estates Act of 1955 P.L.
1154,as amended.
...-;,
COMM:ONWEALTH OF PENN SYLVAN IA )
)SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority in and for said
county and state,personally appeared CLIFFORD B.SANTEE,who,
first having been duly sworn according to law,deposes and says
that the allegations of fact set forth in the foregoing Petition
are true and correct to the best of his knowledge,information
and belief.
Sworn to and subscribed
before me this 13th day
of _-=S:;.;;e:;"l;p:..:t:;.;;e:.::m::.:;b;".:e::..:r~_,1971.
_Mae Herceg
Notary Public,Washington,Washington Co.
My Commission Expires:July 14,1975
In W~e aInun nf aInwmntt.'leas -nf lIas~ittgtntt Q!nti':d~.'rtttt~q!~~ttia -
~~TiE:APPOINTMEN OF ®rpquuli~<1rnurt l1illiBUt{U
,ARDIAN FOR T ~)
~~EIHERJ-('fr·l t·-(~e~;~~~ed weak-minded l \!Jt1 a.tUn l NO.63-71-929
,J )
Q!OllUUOUnttult11 of JtuuByluuuia \).m liB:Oltttty of 1WfUBqiug1nu
'fo:----MAiiIE wETHER
Sur Petition of:CLIFFORD B.SANTEE
that,I ',aymg 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 a T d .nSV>ier,un er oath,to each and every of the averments of the said
pet',Itlon,on or before Tuesday ,the l2thday of October
19-ZL,at ]0 :00 o'clock-L,'M.,and show cause why the said·
Maz i e \.r •---=-..t 'le~her should not be declared an incompetent and a guardian
~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 decr'e demae against you.
WITNESS the Honorable P,Vincent Marino,Judge of our said Court,
at Washington,Penna.,die lJ day of ....~';;:£
Clerk of the Orphans'Court
--JAMES C.BANE·'.Esq.-Attorn f .,,ey or Petitioner.vrashingtonTrust Bldg.,
(Seal)Washington,Penna.,
15301
J.'>
"------
.:,;,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:APPOINTl{ENT OF GUARDIAN )
FOR MAZIE WEIHER,AN )NO.
ALLEGED WEAK-MINDED )
PERSON )
INTERLOCUTORY ORDER
~
AND NOW,this ~day of September,1971,upon conside1~
ation of the averments of the fOregOing~etit....on,the Court fixes
f /?~~~,the R Lrray of ';1971,at
/6-;~0 I clock,..8:.-.M.,in the Orphans I Court Room in,
the Court House at Washington,Permsylv ani~~s.Jhe time.andt:l ~~~1""llV'l'..etilw:::(1'
place for the hearing on said petition0-t peti~s hereby ~
directed to serve a copy of this petXtio~~a written notice
of the time and place of hearing upon the alleged incompetent
~~4)at least ~~days prior to the date of said hearing.
..0
IN THE COURT OF COMMON PLEASOFWASHINGTONCOUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.63-71-929
IN RE:
WASHINGTON TRUST BUILDING
WASHINGTON,PA.15301
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JAMES C.BANE
ATTORNEY AT LAW
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ORDER
AFFIDAVIT OF SERVICE
APPOINTMENT OF GUARDIAN
FOR MAZIE WEIHER,AN
ALLEGED WEAK-MINDED
PERSON.
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II.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLV.AJ.'iJIA
ORPHANS'COURT DIVISION
IN HE:APPOINTMENT OF GUARDIAN
FOR MAZIE WEIHER,AN
ALLEGED WEAK-MINDED
PERSON
o R D E R
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)
NO.
AND NOW,to wit,this ---day of ,---------
1971,upon consideration of the testimony adduced at the hearing
of the above entitled case,and upon motion of JAMES C.BANE,
Attorney for the petitioner,MAZIE WEIHER,is hereby adjudicated
to be an incompetent and the petitioner,CLIFFORD B.SANTEE,of
Washington,Washington County,pennsylvania,is hereby appointed
Guardian of the Estate of the said Mazie Weiher.
\
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September 20,1971
MRS~EDITH LEWIS
R.D.,#4
Washington.PelU1811van1e.1.$.301
Dear ~8.Lew1s:
,.please take notice that upon pet1tlon ot
CllttoX-Q B.santee to the sa14 Court 1t has decreed that
a hearlngon the petltion sbA11 be held to inquire into
the a11esedluc9%'1Petencl ot Mazle Weihe:r"whose 1'tesldence
is An.kx'om Convalesoent Home.1198 Weet W111e Avenue ~..
tension,~tJ.sh1ngton.Wa8b1nston Countr.PenntG'lvanla.
The h6ar1nS will be held on tI\tesdar.October 12.1971 at 10:00 o'olock:A.M.1n fibe Ofttban,,!
Oourt Room of the Wa.Gblngton Count)'COlU"t House.Copies
Of tbepetltlon and pl'ellxd.n.a17 decree tOl!hearlns areattachedhereto.
JAMESC.BANE
Attorne7 tor POtltloner
3081mb
Enolosure
.CERT1FIEl>MAIL
RETURN BECEIPT REQl1.SSTED J:~
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:APPOINTMENT OF GUARDIAN )
FOR MAZIE WEIHER,AN )
ALLEGED WEAK~MINDED )pmsoo )
NO.63-71...929
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)SS:COUNTY OF WASHINGTON
Personally appeared before me,the undersigned authority!
S.C.SOLOMON,who,being duly sworn according to law,deposes
and says that he is the duly appointed Deputy Constable in and
for Chartiers Township,Washington,Washington County,pennsyl...
vania;that he did serve a copy of the Petition for Appointment
of Guardian and Citation filed at the above number and term,on
Mazie Weiher,the alleged incompetent,at the Ankrom Convalescent
Home,1198 West Wylie Avenue Extension,WaShington,Washington
County,Pennsylvania,on Wednesday,September 15,1971,at 6:50
o'clock P.M.,The said Mazie Weiher was unable mentally to
understand and,in fact,showed no signs of life other than her
breathing.The said copy of Petition and Citation was left with
Mr-.Ankrom,the owner of the Ankrom Convalescent Home.The said
Mazie Weiher,the alleged incompetent,being identified to your
affiant by Ruth Rutan,R.N~and also by Mr.Ankrom and others.
Swornto and subscribed
before me this 16th day
of September,1971.
ton Co.,Pa.
July 14,1975
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
MAZIE WEIHER"
an alleged incompetent.
)
)
)
)
)
)
)
No.929 of 1971
DEC R E E
~
AND NO~,October4,.1971,·upon consideration of the annexed
petition and after a hearing held following due notice,it is ORDERED AND
,~~..
DECREED that '"
·lYIAZIE WEIHER is adjudged an incompetent..
Clifford B.Santee is appointed Guardian of the Estate of MAZIE
"
WEIHER,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.
The said Guardian shall file bond with sufficient surety in the sum
of r.::::.:etC.d __,£1(+-<7 C Q.~)~4d<--
J.t
Judicial 857 (Pennsylvania-Guardian)
IN THE Orphans t
(5·55)
Divisibon
COURT/OF Washington
STATE OF PENNSYLVANIA
COUNTY,
)
NO.929 of 1971
In the Matter of the Estate of
BOND OF GUARDIAN
Mazie Weiher
a n Incompetent Clifford B.Santee
L
KNOW ALL MEN BY THESE PRE,~ENTSt~That:we,.
"
I',.•...
C1ifford'B.,'sa'rttee
,.,(,/"'.as Principal ,
and UNITED STATES FIDELITY AND GUARANTY;COMPANY,a corporation under the laws .
of the State of Maryland,of Baltimore,Maryland;having an office and usual place of business at'
..~.~~Pi ttsburgh ....."State of Pennsylvania,as Surety,are held and
firmly bound unto the Commonwealth of PennsylVania,its certain attorneys or assigns,in the sum of
,Five Thousand .,"'.Dollars ($5000.00 ),
lawful money of the United States of America,'for which payment,well and truly to be made,we bind
ourselves,'our and each of our heirs,executors,administrators,successors and assigns,jointly and
severally,firmly by these presents.
SEALED with our seals and dated this 27the day of October ,1971.
WHEREAS the above bounden
decree of the Court of
has been appointed Guardian of the Estate of
a n Incompetent
Washington
Mazie Weiher
has by order and
County,Pennsylvania,
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above
bounden Clifford B.Santee Guardian of Mazie Weiher
a n Incompetent ,shall at the termination of his guardianship and at
any other time when required by Court,render a justand true account of the management of the property
and estate of said Mazie Weiher
under his care and shall also deliver up the said property agreeably to the order and decree of the said
Court or the direction of law;and shall well and truly administer,according to law,the estate of said
Mazie Weiher ,then the above
obligation shall be void,otherwise it shall be and remain in full force and virtue.
Sealed and delivered in the
presence of:
No.929 of'1971 ~~119
Orphans'Court Division
Washington County
State of Pennsylvania
In the Matter of the Estate of
Mazie Weiher
L,
a n I.ncompetent
L.BOND OF GUARDIAN
Surety:
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Home Office-Baltimore 3,Maryland
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Filed
And now to wit,~~S-,1971,
the within bond presented in open Court,
approved,and'"9rdered to be-filed._7,":,i
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(
James C.Bane Attorney ',.'v
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IN THE COURT OFu COMMON PLEASOFWASHINGTONCOUNTYfPENNA.
ORPHANS COURT DIV SION
NO.63-71-929
IN RE:
APPOINTMENT OF GUARDIAN
FOR MAZIE WEIHER,AN
ALLEGED WEAK-MINDED
PERSON.
,.
PETITION FOR ORDER
OF MAINTENANCE
ORDER OF COURT
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JAMES C.BANE
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
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~I WASHIN~~N,FA.1:K I
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:APPOINTMENT OF GUARDIAN )
FOR MAZIE WEIHER,AN )
ALLEGED WEAK-MINDED )
PERSON )
NO.63-71-929
PETITION FOR ORDER OF MAINTENANCE
TO THE HONORABLE P.V.MARINO,JUDGE OF SAID COURT:
The Petition of Clifford B.Santee,Guardian of the
Estate of Mazie Weiher,respectfully represents:
1.That he is the duly appointed,qualified and acting
Guardian of the Estate of M~zie Weiher,said appointment having
been made by your Honorable Cour t on the /3!R-'day of Oc tob er,
1971.
2.That Mazie Weiher is a"w;idow,73 years of age,and
is presently confined to her bed at Ankrom Convalescent Home,119'
IWestWylieAvenueExtension,Washington,Wa~hington County,Pennsyl~
vania,and has been a patient at said convalescent home for the,
past six (6)months.
3.That the said Mazie Weiher,at the time of the ap~
pointment of a Guardian,had a personal estate consisting of the
following:
(a)15 ....$1,000.00 Series H Savings Bonds
for a total of $15,000.00.
(b)2 Straight Life Insurance Policies with
the Prudential Insurance Company and in
the sum of $5,000.00 each,and 1 Straight
Life Insurance Policy with the prudential
Insurance Company in the sum of $4,000.00.
Each of the three life insurance policies
~wi th Prudential Insurance Company contains
the name of William Louis Weiher as bene-
ficiary.
(c)A monthly Annuity income from Civil Service
in the amount of $190.00.
4.That your petitioner has paid the following costs
and expenses in connection with this Petition:
(a)Russell Marino,Register of Wills
Petition for Appointment of
Guardian and Citation
(b)Russell Marino,Register of Wills
Final Decree
(c)S.C.Soloman,Serve Citation
(d)Certified Mail
(e)James C.Bane,Attorney's fees in
·preparation of and presentation
and hearing on Appointment of
Guardian
(f)Dr.Marshall W.Graham
10.00
3.00
200.00
25.00
666.00
5.That the said Mazie Weiher is indebted as follows:
(a)washington Hospital
Extended Care Facility
(b)Ankrom Nursing Home:
.August,1971
·September,1971
October,1971
453.75
450.00
47~-.75
1,378.50
(c)James C.Bane,Attorney's fees
in Preparation and presenting
initial Petition for Allowance 100.00
WHEREFORE,your Petitioner,showing as above,respect-
fully prays your Honorable Court to make an Order authorizing and
directing him to pay the various amounts set out in Paragraphs 4
and 5 above and further authorizing him to pay the monthly charge
for the maintenance of the said Mazie Weiher in accordance with
the statements rendered by the Ankrom Nursing Home or any other
facility in which t4e said Mazie Weiher may be confined;that he.'...:
be authorized to dispose of by sale or otherwise the Savings Bond
se~forth in paragraph 3(a)of this Petition andto borrow on the
~Life Insurance Policies set forth in said Petition in order to
secure the necessary funds to pay for the maintenance and support
of the said Mazie Weiher until the further order of this Court.
AND HE WILL EVER PRAY,ETC.
Clifford B.Sant'e e
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
\\,
Before me,the undersigned authority in and for said
county and state,personally appeared CLIFFORD B.SANTEE,who,
first having been duly sworn according to law,deposes and says
that the allegations of fact set forth in the foregoing Petition
are true and correct to the best of his knowledge,information an
belief.
Sworn to and subscribed
'/r.bbeforemethis~day
of October,1971.
I.c,_;;f -,~
Ie Not~a.ry Public,Washin ton,Washington Co.,
:"My Commission Expires July 14,1975.-.
Pa.
'.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:APPOINTMENT OF GUARDIAN )
FOR 11AZIE WEIHER,AN )
ALLEGED WEAK~MINDED )
PERSON )
ORDER OF COURT
NO.63-71-929
~
AND NOW,this ~day of October,1971,after due con-
sideration of the Petition for Order of Maintenance,Clifford B.
Santee,Guardian of the Estate of Mazie Weiher,a weak-minded
person,is hereby authorized and empowered to pay the costs and
expenses set out in Paragraphs 4 and 5 of the Petition;the said
Clifford B.Santee is further authorized and empowered to pay to
Ankrom Convalescent Home,for the maintenance and support of
Mazie Weiher such monthly charges or amounts claimed by said
Ankrom Convalescent Home as evidenced by statements submitted in
writing during the time of confinement of the said Mazie Weiher
or until the further Order of this Court.I
Said Guardian is further authorized and empowered to sell
when money is needed,the SaVings Bonds set forth in Paragraph
3(a)of the Petition and also borrow on the Life Insurance
Policies set forth in Paragraph 3(b)of the Petition in order to
secure the necessary f~ds to pay for the maintenance and support
of the said Mazie Weiher.
/
j
STATE OF PENNSYLVANIA,!SS:
COUNTY OF WASHINGTON,
Personally appeared before me the undersigned authority
CLIFFORD B.SANTEE,.........................................................................................................................................................................................................................................................................
guardian of the estate of.............MAZIE ...:wE.IHER.,.....AN:...AL.LEGED....WEAK~M1N.DED ....P.ERS.ON.,...........................
,.........................................................................................................................................................................................................................................................................
mXroICX,who being duly sworn,deposes and says that the following is a true and correct Inventory and State-
ment of the personal and real property which are of the estate of the above named miKI>t Incorupe ten t.
Sworn and subscribed before me thiS)...~d~...3 December 19..7.J......,........................dayof................................................,
~.-.(....,.....................................................~..)Clerk of Orphans'Court.
!
I •
Dollars Cents
$1,000.00(1 )1.5 -Series H Savings Bonds for 15.000 00
I
(2)2 Straight Life Insurance Policies with the
Prudential Insurance Company in the sum of $.5,000.00
Al:l~h £Ini1 1 Straig:ht Life Insurance Policy with the
"Orudential Tnsurance Comnanv in the sum of ffil.L.ooo.OO.
(3 )A monthly Annuity income from Civil Service in the
amount of 8)1g0.00.
I I\
I
I
.
.~.
•
I I,
I
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NOTE-If real estate,give street and number,Ward of City,Borough or Township,and
County,and reference to Deed,Mortgage,Volume and Page.
If cash in ibank,give name oct'same.
)
No:§J.::7.1 ::9..?.9 ~x~.
In Re Estate
of
..........J'XA~.+..~~J..fmB..I ~.~!.\1~S!.9:~p..
..............WE.AK.~MI:N:nED .P.ERSD][...~
GUARDIAN'S
INVENTORY AND
STATEMENT
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Fee $.......:--.............................
Filed ,19 ..
......................../.?--'.j--Y ~..............................................................~2 ·tt~~~·~·;:····
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,
The wit'hin named Account'an't being duly sworn according to law,deposes and says that the above account
as stated is true'and correct as he verily believe,
Sworn and subscribed before me thiS....l••_,io.:?
WOIshington County"ss:I do certify that I have given leg-al notice to all persons
concerned of the filing of the within account in the manner
prescribed by Statute and Rule of Court,as evidenced by proofs
thereof filed to No t#.....J..=..71-:::.l .
Witness my hand and official 'seal this £_ .
....J.~
o+-'
55
dayof ~-19-71.
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The Court is respectfu Ily requested to determine
proper distribution ~s estate.
I ••!
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The First and Final Account of CLIFFORD B.SANTEE,Guardian of
the Estate of Mazie Weiher,now deceased,late of Washington,Washington
County,Pennsylvania.
The Accountant is charged as follows:
PERSONAL PROPERTY:
.~
To Amount of Inventory and Appraisement
Monthly Income from Civil Service
See EXHIBIT "A"
Interest and Refunds Received
See EXHIBIT "A"
15,000.00
2,738.55
914.92
REAL ESTATE None
TOTAL ASSETS OF THE ESTATE ----------------~--------~-------;
TOTAL AMOUNT OF CREDITS CLAIMED BY ACCOUNTANT --------------...
BALANCE FOR DISTRIBUTION ------------------~---~-----------
ABOVE BALANCE IS MADE UP AS FOLLOWS:
$18,653.47
..9,441.71 .
,
$9,211.76
I
I
9 -$1,000.00 Bonds delivered to
Mellon National Bank and Trust
Company,Executor
Cash on Deposit
$9,000.00
211.76
$9,211.76
"';:,
-.
EXHIBIT "A"
MONTHLY INCOME FROM CIVIL SERVICE
1O/~71 -191.69 6/1%72 -192.40
1%2 71 -191.69 7/6 72 -192.20
1 4 72 -191.69 8/4/72 -202.20
2/4/72 -191.97-91%72 -202.202/2~72 -191.97 10 3/72 -202.20
4/6 72 -191.97 11/6/72 -202.20
5/24/72 -191·97 12/6/72 -202.20
TOTAL MONTHLY INCOME FROM CIVIL SERVICE ---------------------$2,738.55
INTEREST AIm REFUNDS
10/8/71 Transferred from checking account 8.03
10/27/71 State Farm Refund 11.93
12107/71 Interest received on bonds 276.00
2/4/72 Aetna.Insurance Refund 63.31
3/28/72 Medicare Refund 9.60
7/5/72 Interest received on bonds 256.30
12/13/72 Refund from Ankrom Nursing Home 289.75
TOTAL INTEREST AND REFUNDS -----------------------------------------914.92
The Accountant claims credits of the assets of said estate,to wit:
I;
DATE
.ill.!
11/8
11/8
11/8
11/8
12/2
~
1/5
1/10
1/10
2/1
2/1
3/13
3/13
3/21
4110
4/10
4/10
4/10
4/28
1/11
1/11
1/21
1/21
1/21
1/21
8/10
NAME OF PAYEE REMARKS
Washington Hospital Services
James C.Bane Attorney's fees and
costs advanced
Ankrom Nursing Home August,September,and
October,1911,nursing
services
Dr.Marshall Graham Services rendered
Ankrom Nursing Home December,1911 services
Ankrom Nursing Home January,1912 services
Annex Pharmacy Account
Dr.W.A.Prideaux,Jr.Services rendered
Ankrom Nursing Home February,1912 services
Annex Pharmacy Account
Ankrom Nursing Home March,1912 services
Russell Marino,Reg.File Petition for Order
of Maintenance
Prudential Insurance Co.Insurance Premium
Ankrom Nursing Home 'April,1912 services
Prudential Insurance Co.Insurance Premium
",
Annex Pharma?y Account
Dr.W.A.Prideaux,Jr.Services rendered
Ankrom Nursing Home May,1912 services
Ankrom Nursing Home June,1912 services
Ankrom Nursing Home July,1912 services
Annex Pharmacy Account
Washington Hospital Services
Dr.W.A.Prideaux,Jr.Services rendered
Prudential Insurance Co ','Insurance Premium
Ankrom Nursing Home August,1912 services
AMOUNT
666.00
340.00
1,318.50
'.25.00
481.50
414.15
44.19
20.00
446.25
15.15
419.25
5.00
32.10
465.50
32.10
15.15
50.00
413.00
465.50
481.50
19.40
12.00
20.00
1.32
479.00
..........."I,
9/19
,
F.J.Buckley Insurance 'Bond Premium·35.00
Agency
9/11 Mellon National Bank &Printed checks 2.05
Trust Company
9/27 Ankrom Nursing Home September and October
1972 services 940.75
10/3 Mellon National Bank &
Trust Company Safe Deposit box 5.00
11/6 Dr.W.J.Prideaux,Jr.Services 40-.00
11/6 .Annex Pharmacy Account 30.35
11/6 Ankrom Nursing Home November,1972 services 463.50
12/6 Ankrom Nursing Home December,1972 services 475.50
Mae Herceg Notary fees 2.00
Russell Marino,Reg.File Account 17.00
James C.Bane Attorney's fees 500.00
$9,441.71
Enter m....,y:.,appearance for__Cl.LJ..lT'u.T..I:FF'-ILl.O,u,RDJ.lL_BL1.&.e---'ySI/jA~NTEEL.U::l.I:L'f---lGol:lld.]ga..r.1jn~j..caw.nL-_
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N.B.-Counsel shall,by separate paper,present a concise statement of each
claim,wHh supporting calculation of any interest claimed.Objections
to an account as filed,shall be concIsely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
TO THE AUDITING JUDGE:
Es,tate of__----A.:,MAlAl;ZL,lIE......--IWELI;J.!HERu.JJl:l.U.---------{
In the ma;tter of the Audit of Account in
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IN THE!COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA
ORPHANS'COURT DIVISION
•
INRE:
Estate of
,MAZIE WEIH~R,
an incompetent.
"
(
)
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(
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(
No'.929 of 1971
\.'
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z0(~>-CIlZZIII
Q,
HEARING ON AUDIT
Tuesday,March,20,1973,at.9:'30A.;M;,:EST
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"1 ,I ':to'
The'Honorable.I~,ICHARD DiSA~LE,Presiding Judge
JAMES C.BANE,Esquire,o£.Washington,:Pa.,
representing the Accountant.,;;
ggEFORE:"l-e>~
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I-APPEARANCES:
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is to be awarded to the Mellon National-Bank.
on---and we have-a balan~e of $209.00,I believe it is,that
and the Praecipe for appearance.The only balance in the esta e
The estate of Mazie Weiher.Mr.Bane?'
If the Court please,I have the Audit Petition
that- --this is a guardianship account---the incompetent has'paE sed
MR.BANE:
THE COURT:uill:
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"THE COURT:Is anyone interes ted in the es tate 'of Mazie
Weiher?
NO'RES PONSE );
THE COURT:The audit is closed.
(AUDIT CLOSED )
,.'L ~.,,'.r
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.
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";'.T~e foregoing record of the proceedings upon the'hearing of the
,,"
above cause is hereby approved and'd.irected to be filed.
,
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~n t4~OInurt nf OInmmnn 'hus nf lIus4ingtnn OInunty,
'~nnnyluuniu,(@rp4unnf <!rnm lIiuininn
ESTATE OF No._----"'6~3_-7L..=1~-_"'9=2""_9 _
Mazie Weiher ,
an incompetent.
In the matter of the First and Final
Account of Clifford B.Santee.
Guardian
ADJUDICATION AND DECREE
And now May /Oi"h ,19~,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thereof of the balance for distribution in the hands of the Accountant is determined to be
$9209.76 and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with ,the
schedule of disribution hereto attached and made part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
~court,~,dB4~
SCHEDULE OF DISTRIBUTION
Balance per account _$9,211.76
Additional credit -Audit
Balance,_
Deduct Clerk's Costs &Receipts,_
James C.BaneAttorney _
Mellon Bank,N.A.,Executor of Estate,of Mazie Weiher,
deceased (12/11/72),balance consisting of cash of
$187.76,and nine $1000 Series H Savings Bonds awarded
in kind,
22.00
9187.76
No balance
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JAMES C.BANE
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,FA.15301
TO THE HONORABLE P.V.MARINO,
JUDGE OF THE ORPHANS COURT DIVISION,
COURT OF COMMON PLEAS OF WASHINGTON
COUNTY,PENNSYLVANIA
In the matter of the Appointment of a Guardian for
Mazie Weiher,I hereby voluntarily declare that I shall at
no time ever make any claim against Mazie Weiher or her
Estate for any of the services performed by me from the
beginning of time to this date.
I respectfully request the Court to add this state-
ment to Paragraph 8 of the Petition for the Appointment of
Guardian filed by my husband,Clifford B.Santee.
r;t.
DATED at Washington,Pennsylvania,this /5 cay
of October,1971.
J
,.
IN THE COURT OF COMMON PIDEAS OF WASHINGTON COL~Y,PENNSYLVANIA
ORPHANSI COt~T DIVISION
)
ESTATE OF
MAZIE WEIHER,
AN INCOMPETENT.
)
)
)
)
)
)
)
NO.63-71-929
DISTRIBUTION RECEIPT
I,the undersigned,hereby acknowledge to have received of
CLIFFORD B.SANTEE,Guardian,
the sum of One Hundred Eighty-Seven and 76/100 ($187.76)Dollars
in full payment of the amount awarded to me by the said Orphans'
Court in the Decree and Schedule of Distribution filed in the
above Number and Term of said Court,and in consideration thereof,
I hereby release and discharge it from any fU~rther liability on
account of the same.
Witness my ha.nd and seal this ~day of __...;;M,;;;:;ay~_
MELLON BANK N.A.
ATTEST:
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RECEIPT FOR CERTIFIED MAIL-30~((plus postage):
POSTMARK~ro M~
MR;,JOHNM.LEWIS:-.~~.CE~('
STREET ANO NO."\"
7618 Rome-Oriskany Roa~~'~~.'~
PO STATE AND ZIP CODE 440';\'~:?"\...."'Rome,New York 13 ....~\~
OPTIONAL SERVICES FOR ADDITIONAL FEES __.~\,~.)
1,Shows to whom and date delivered 15¢\:"dp:'"'4/RETURN ~'With delivery to addressee only 65¢','1t.,\oi~RECEIPT 2,Shows to Whom,date and Where delivered ..35¢.'~'ISERVICESWithdeliverytoaddresseeonly85¢
DELIVER TO ADDRESSEE ONLy 50d
-sPECIAL DEliVERY (2 pounds or less)-4-5'¢-------'-----~POD Form 3800 NO INSURANCE COVERAGE PROVIOEO-(See other side)
July 1969 NOT FOR INTERNATIONAL MAIL ..GPO,19690-359-312
SENT TO
(See other side)
1t GPO:19690-358-3t2
IN TEE COURT OF COMMON PLEAS OF WASHINGTON COUNTY ,PENNSYLVANIA
ORPHANS'COURT DIVISION
","
ask 'permission to call Dr'.Graham out of order "•..He would
."
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No~929 of 1971.·.".'?'
,'
)
)
)
)
)
.)
.)
Mr.Bane,we ~re ready for your proceedirg.
If the Court please,we would like to
Tue'sday,October 12,1971,at 10:00 o'clcck
A.M.,EDST.'
JAMES C.BANE,ESQ."of Washington,Penn:;;.,
represe~~ing the Petitioner •
..
TEE HONORABLE P.VINCENT MARINO,Judge of
the said Court.'
,Ye s.But has service been made"of the Ci i at ion
aC,cording to the Court ",s Interlocutory Order?
/,,-
y/,{
.'Mr.Bane,to whom we re not ices ma iled,
like to get back to his office.
TEE COURT:
TEE COURT:
MR.BANE:
Y'HB COURT:
MR.BANE:
APPEARANCE S:
IN BE:
an alleged incompetent.
ESTATE OF .
MAZ IE WE IHER ,
~z~oJ>-Ul
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Do BEFORE:io~ClziUl<~
..:u
0:~Ul
E TIME:
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c::J.,
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0:
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concerning the hearing?
MR.BANE:"The notices were mailed to-:"-I have the
yellow copysheet of one attached to that---to Mrs.Edith
Lewis and to Mr.John M.Lewis.And the return receipts
are attached to the return.
2
CQHE COURT:Very well.The Affidavit of Service is receivt=d
in evidence and made part of this record;it having complied with ....
statutory requirements and with the Interlocutory Order of this Cour
·'
made September 13,1971.Mr.Bane,you may call Dr.Graham:
Yes.
31 yea.rs.'.
And have been for how many years?
You are a practicirig physiciari.in the.City of W~shington?
Marshall W ..Graham,659 East Beau Street,Washington,Pa.
Doctor,wil Hyou give us your full name and address?
~
~'MARSHALLW.GRAHAlVi IS CALLED AND SWORN.
oJ •>•m . ,.~'EXAlVn~ATION BY MR.BANE:
Ill'
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'~.Qu.~
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;"
And you are presently engaged in the practice of medicine where?
At the'.Washington Hospital Extended Care Facility.
Doctor,I ask you to state whether you knew Mazie Weiher?
Yes,sir.
Where did you see Mazie Weih~.r the last time?
I saw her the last time at the Was hington Hospital Extended Care
Facility.
Q Can you tell us how long Mrs.Weiher was confined at this facility?
A Yes,sir.She had two adm issions to the faciHity.One when it was th
Washington Manor from July 3,1968 to January 29,1969;and the
second admission fromNovember 28,1969 to March llil,1971.
"
3
Q During the time that Mrs.Weiher was 'confined in this facility was
she under your care?
Yes.
How often woul~you administer to .her?
I wc;>uld see her approxiD~atelyonce every week or if necessary.in
between times.
Doctor,I ask you to give us first oJ all,just immediate ly prior
to her leaving the facility,did you make any examination of her?
Yes,sir.
Were you able to determine from your examinatio n her mental condition?
Yes,sir.
What would you say that her mental condition was?
Well,she was suffering from a:senile condition which we term
a chronic brain syndrome due to senile brain disease.
And wiasL it tthe typ.e of condition that would remain stabl~or progreEs?
,.
It's'usually~progressive thing..'
Was she abl.~,at the last time t~at.you saw her and examined her.
"..
was she able to conduct any of her affairs?
No.sir.
Was she able to identify persons who may come to visit her?
ThaLwDuld be very difficult to ascertain because Mrs.Weiher,in
all the time that I had known her,was practically non-communicativ~.
Q She was non-communicative?
I
A Yes.
4
Q During most of the time that·she was under Jour care?
.,
A·Yes,sir.
Q Now when you say that she was non-90mmunicative,does that mean
that this was,a voluntary attitude on her part or was ~t:a p~.ysical
condition?
A . I believe it was physical.
0(
~Q In your professional opinion,~ould she 'have been able to have hand ~d
.I.>-III~any matter of gusiness which mi.ght affect her?
IIID.
~A I do not believe so ...lJ
Z~Q You have not seen or attended to Mrs.Weiher from the date of her
~
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.discharge from the Extended Care Fa.'ciiity?
No,sir,I have not.
Do you know or hav§!c;you heard where she has been confined since
that time?
own business ~
I believe she wa~confined to the Ankrom Nursing H~me.
Was or is the condition from which.Mrs.Weiher is suffering one tha
might become better,aHowing her to r~gain the ability to handle her
It's a degenerative condition and I believe ~anything,itNo,sir.A
:AbI·I-a::o.a.Q.~.
I-a:::JoU...<ij
ii:II.o
would beco'me worse.
Q Did you know Mrs.~Weiher prior,to the time that she first came to tpe
Washington Manor?
A No,sir.
Q I think that that is the extent of my examination,if the Court please.
EXAMINATION BY TEE CO~T:
Q Dr.Graham,what would be the general cause of her chronic
brain syndrome?
It,wouJP.be.due to arteriosclerosis of the cerebral"vessels,
causing a degeneration 'of .the.brain cells..~....
Had that arteriosclerosis beEm evidenCed for some time past?
I believE?:it had been even before she was admitted to the
,.
institut ion •.
Had she been employed at any.time?
"
Not that.I know qf.
What was her age?'
73;the 'age this year ,.73.
And in a person of that a.ge,with the condition of arter-
iosclerosis,what would be the general prognosis?
Th~general prognosis would.be poor.She is going through
..a stage'of arteriosclerotic brain'changes at a rather
early age when you look back at the beginning of this,which
,.
is always going to cause a worse prognosis than you would
..
in an older-type individual."It becomes more rapidly
progressive.
So·that if she were unable to look after her business
affairs when you were examining and tre ating her,she cer-
tainly would be unable to do so presently..
Yes,sir"
And in ihe .future.
Yes.
Docmor,would it be possible,if she were permitted to lock
5
6
"after her;.own business dealings and affairs that she might
.:.
become the victim of designing individuals.
A Tha t could be~,sir.I don't believe that she,in a non-
(Wi tne ss excused)<•
CLIFFORD',B.SANTEE IS CALLED AND SWORN.
EXAMINATION BY MR.BANE:
?ommunicative man~er,she just pays.no attention to anyone,
I don't belie~that you could even get her tb sign her na~e.
Q But as far as hey present.condition is concerned,you feel
Q Will you state for the record your full name and address?
A Clifford B.Sante~,lLrb South Wade Avenue,Washington.
Q Mr.Santee,you are the petitioner in this proceeding?
A Yes.
That's'all,~r.Graham.Thank you kindly.MR.BANE:
Q How long have you known Mazie Weiher?
A Approximately 12 years.
Q Was Mazie Weiher married1
A Yes,sir.
Q What was her husband's name?
J .<
that she certainlyts unabie to look after her usual and
g§neral business affairs.
A Yes.
Q The Court has no other questions of Dr.Graham.
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A W.Lewis Weiher.
Q Is Mr.Weiher still living?
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No,h~is not.
When did he die?
October 24,1969.
Did you know hi~?
Yes,I d·id.
For how long a time prior to h~death did you know him ?
Ten years~
Witli.'whom was he living during that ten year period?
His wife.
Her name?
Mazie.
Mr.santee,'did you have any close relationships with Mr.
and Mrs.Weiher during Mr'.Weiher's lifetime and up until
recently?
Yes~
What was the nature of your de~H:l~g~with them?
Well,we had more or less a business proposition,I guess.
Well,I mean so far as the living,·the Weiher's living con-
ditions and so on.
They were neighbors of ours.We lived nextdoor.That's how
we became a9Quainted.
And what was the condition of health of Mr.Weiher prior
to his death?
He was a semi-he.art invalid.
For how long a time?
Well,it was before I knew'him,several years.
Prior to Mr.Weiher's death,'will you state whether or not
you wer~..ever caliied upon to do anything for Mr.and Mrs.
Weiher?
A Ye s,we were.
Q Tell us what you were called upon 'to do and what you did.
A We were called ~pon to help them out with things to manage
care of Mazie and I took care of Lewis.
And you took care of Lewis.
Yes.
Yes.
Up until the time that Lewis died and then W1at did you do?
The care he required became more than one person could take
care of when you can't'be in the home;so we did hire a
housekeeper to.look after Lewis while Mazie was'in the,
Yourwif6 took care of Mazie.
,,
a household,the,everyday care of the household.
Did Mr.a:p.d.Mrs.Weiher have any domestic,help?
At the·;beginningl :no;when we first started to help them
they didn't.
Who took.care of'the house and the taking care of their bodies
up until.th~time that Mr.Weiher passed away?
When we found out they needed more help my wife took
"Extended Care Unit.
And for'the 'past how many years have you and your wife tak~n
care of the physical ne eds of Mr.,and Mrs.Weiher?
A It was the early part of '66.
Q Mr.'Sante,during the year 1966,were there any papers or
documents drawn which would relate to any of the services
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Mr.Santee,I show you-this paper and ask you to identify,
it;'tell'us what it is.
It's the 'Power of Attorneydrawn up by James "lNeihersfr,om
Mazie Weiher to Clifford B.Santee..
And what is the date 'of the Power ofAttorney?
26,January,1969.
"And have.you,in accordance with the terms of this Power
of Attorney,conducted all the financial matters for Mrs.
Weiher?
I have.
When you first began to assist Mr~and Mrs •.Weih~r,W1tn
thetr]problems,what was the health condition of"Mrs.Weihl3r?
"Around the same time of that part.of the year she had been
to the hospital for a checkup.Her physican then was Dr.
Berman,and he thought that she should have a checkup and
when she was in the hospital"he felt he wanted Dr.Benton
to look ip on her.And Dr.Benton detected .this degenerative
type condition of Mazie,and s aid perhaps in a year she wo~ld
have to have somebody taking care of her husband.It woul~
be im~ossi~le f0.r her within a year to take care of him.
We decided at that time,through Dr.Bentpn's
recommendation,that.if she.be relieved of all this,the
10
household chores-and the lawn work and different things th~t
she'd 'tried to,do and,'taking care of Lewis,that she would
have a eetter'chanc~at staying at home a-longer period of
."time.
Q
A
All right.What was done~?
That's when they decided on the appropriate documents,the
1 ~ower of Attorney,and things tha t would permit.me to take
0(.>~over their household and take care of their things as ifUlz .
z~it was my own household.
'z"o~Q Have'you done that continuously since that time?
zx~A I have.
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Mr.Santee,were you able to detect any change in the ment~l
condition of Mrs.Weiher during the past'year or 'So?
we
After having talked to.Dr.Benton/were on guard for this
condition because with this type of condition the doctor -~
it's impos sible "to give a definite time as to how quickly
this condition progresses~So naturally,my wif,e and I
are on guard for it,and we could detect different things
that would be adverse to'Mazie's way,of life,decisions·
that she would make and the conversationsand things'.But
it was very gradual.But we.could detect this.
Now did Mrs.Weiher require hospitalization at any time?
A She did.But it'wasn't ,immediate;'after we started to help
her.~just forget the exact date.She acquired a kidney
condition and had to be'hospitalized to have this taken
care of.
Q How long was she in the hospital at that time?
11
A Prob.ablY,a week to two weeks;not more than that.
Q:,All,right.Now :when di~it become necessary to have Mrs.
Weiher admitted to the Washington Manor?
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It was a reoccurrence of this k,idney condition and'she wa
back in the.ill spital and Dr.Berman was the physician and'.
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he'recommended 24 hour care until this was taken care of.
Was she the~taken to the Wa?hington Manor?
It :t'l8..s the Washington Manor,yes.
And how long was.she 'there that time?
I just can't remember the exact time.
Was it in '6b that she went to the Manor?
Yes •
What month?
The date has slipped me •
Could it have been July 3rd?
It was in the middle of the summer.It was in July be,cause
the brother had visited tqen.
How long was she in the Manor at that time?
From that period up until March,the following year.
Did you?bserve in your own lay way any change in her'
-mental capacity during the time that she was in the Washin ton
Manor?
I visited her daily and as time went'on I could see where.,
she was 'worse •,i
Q What noticeable change did you observe?
A Well,her ability to remember people's names and not know
people that were close 'to her,you know,for several years.
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a yea~and a half since she's called me
Now what denominations are those bonds?
state of health?
.'
They are $1,000 bonds.
There are 15 $1,000 bonds,is that right~
That's right.
her aff13-ir s?'
No,she has not been able.'
What assets does Mrs.Weiher h?ve?
At the present'time she has $15,000 in Government Bonds •
Does she have any money in the bank?"
Her checking account has just a verY,small amount.It would
be $50.00 or less.
Dr.Prideaux is affiliated with the Ankrom Rest -Home.
That is Dr.Prideaux from Claysville.
Th.at's right.
For the ,past year or more,has Mrs.Weiher been able mentally
to know,anyt,hhg.about her affairs or to do anything abcut
Well"it t S been
by name.
Wha t doctor 'looks ~n upon her now?
I think if somebody yells in her ear real loud she might
say som~thing,but it would not often'be,the answer 'to what
you are asking.
How long has it been that she has been in a non-communicative
A.......
'Q Now then,doe s Mrs.Weiher have any income other than the
interest on these bonds?
A She ha-~_an annuity from Civil Se rvice •
14
And she receives $190.00 monthly annuity under Civil Servip~?
prior to her employment at Social Security here in WashinglGon,
1sntt that correct?
The local!:offic'e,Washington office.I beg your p arden,~.
I didn't understand.
And I ;be1ieve that she had been employed by the Guvernment
That's correct.
What.are the rates at the Ankrom Nursing Home for Mrs.Weip,er?
Her 'monthly care would be $450.00.,Now that's exclUding anf!
supplies that~are needed.'You never know in advance what·
supplies are ~eeded...
Where was that?
At an-Air Force base in Colorado •
,Yes.
Well,has the $190.00 been sufficient to take care of the
monthly cost.of maintaining her at the Ankrom Nursing Home?
A No,it ~as not.
Q How do you supplement the additional 'amount?
Q ;Where did Mrs.Weiher work under Civil Service?
A She worked ,locally for Socia1.Security;upon retirement.
She was.emp1oyed there.
In what office did Mrs.Weiher'work under Social Security?
She investig~tedc1aims of some type •.
I don't mean that.Where did she work,here ;~t the Washingtpn
Office or---?
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A It was taken from her savings account.
Q And has -that account been dep1emed?
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Tha t"s right.
Do you have those policies with you?
Yes,I do.
Is that correct?
guardian appointed'for Mrs~Weiher?
I need monies to contin.-u;e to'have her,.taken care of..
T beli~ve that Mrs.Weiher·has two life insuranc~policiE3
or three life insurance policies with the Prudential,Insu
The bank will honor;the Government will not.
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Is that the reason for your petition here ,today,to have a
In~ther 'words,this Power ..of Attorney which you have had
since 1966 is ,not sufficient to satisfy the Government •.
It has ~
Have you made any effort to secure cash from thes@Ssavings
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bonds?~,
I have.,"
Have,you been successful?,
I have not.
Why?,.
~•We'll,I have Power of Attorney and under the rules,I gues
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protecting the oitJfler,that's not sufficient •
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Q The f.i~st policy Number 47b606Qois on ·the,.life of Mazie
M.Weiher,is'that correct?·
A
,
Tha t's correct.
Q In the amount of $4,000.•'Thedesignated.benefiQiary is
W.Lewis weiher,'husband of the ins11ll'.ed.:.e C'
16
A That's right.
THE ,COURT:Are there premiums currently due on those
policies or are they paid up?Would this witness know?
"A They are paid for this ye~r,.
THE COURT:The witness 'answers that they are paid
up for the year,but not continuous.So that I presume thit
the premiums are due 'yearly or s'emi-annually.
No,I believe that this is a straight life policy with a
premium of $76.t1~yearly.
THE COURT:.All right.Let's describe the other,polic~es
to us •That's the one policy.'Now let's get the informatibn
.on the other two policies •
Q.Policy Num,ber b42796'b on the life of Mazie M~Weiher in
the amount of $5,000 payable $~4.00 per year for the first...
'five years and $141.50 per year after five years,premiums
payable ~r life with th~designated beneficiary,W.Lewis
Weiher.And Policy Number b427969 on the 1 ife of Mazie
M.Weiher in the face amount of $5,000,payable $74.00 .
per year for the first five years an~$141.50 payable afm~
five years,premiums payable f or life.And with a design,:[ted
beneficiary of W.Lewis Weiher,husband.I might state'ttat '
there are no,endorsements ,of any kind on any of the policies.
Mr.Santee,have you given .any thought.or made any ef:fort
to cash in the se poJ,.icie s ,for the cash surrender value?
A I have made the attempt,.made the application to do so.
But that was also denied because of in the case of insurar:ce
policies wour Power of Attorney m~st be signed by the per~on
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.involved within the current year.or within a year •
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So that you ~ere unable to get any ~elp from these policie~?
That's rig~t •
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When was th~last time :that you spoke with Dr.Pridea.ux?
I really have no occasion to talk to him.
You have not talked with him?
No.
Oh,'T see."I thought maybe you had.
".I felt that since Dr.Graham had taken care of her for suc~
a period of time and Dr.Prideaux is looking in on her becp-use,
I has paid the bills.
..
When you go into the room where Mrs.Weiher is,does she
""recognize ~ou?'..
.
No,'sh~d o~s not •
.Do you try to talk.or communicate with her?
Ye s,I do.
Do you §et any response Whatsoever from her?
I might get a word,she might say tlYes,tl something like tb~t.
I might call her by name and she might say,tlYes,tl but tha[t's
.it.
But she is not able to carryon any conversation with you?
None whatsoever.
Wb.a t next.of kin doe s Mr s •Me iher.hava:?'
Mrs.Weiher has one half sister,Mrs,.Lewis.She has.a 'fultL
brother ,Ai'neJt Lewis.
Q Is Edith Lewisfthe halfsister,present here today?
A Ye s,she is.
lt5
A Tha t's right.•
Q Do you have any interest Whatsoever adverse to Mrs.Weiher~
.A No~I don't.
Would you cover paragraph eight specificaaly
of the United States.Is that correct?
Can you give us the date of birth of Mrs.Weiher?
She was born .January 3,lb9t5.
".
And that makes her what?
No',he is -not.
Is Mr •.Arnett Lewis,the ,brother here?
73.
Mr.Santee,you allege in the'Petition that Mrs.Weiher
has never been and is not now ~member of the Armed Servic~s
.'That's right.
You also allege that you have taken care of all MrS"Weihe~'s
financial'pr'oblems,'services and requirements under the
Power of Attorney,which we have produced here in Court.
THE COURT:
of the Petition,Mr.Bane?
Q I have been looking for that and I couldn't just lay my
ey..e on it.Mr.Santee"do you .agree that you shall at no Itime
in the future ever make any claim against the said Mazie
Weiher or her estate either during her lifetime or following
her death for any of the services that you have performed
from the time that you 'first had contact with her to the
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A Ye s,I agree to that.'"
THE COURT:'How about his wife?.Is she in Court here
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19
Q No,I didn't have her come in.
-THE COURT:Does he know what her attitude is?·She'
helped take care of Mrs.Weiher •.
.Q Would y,our wife agree'to'the same thing?
..Q You graduated from nigh school?.
THE COURT:
And she has agreed the same as you,that she will not?
Yes.
If the Court please,I ask permission to 'have such a state nent
made and signed by Mrs.Santee and filed with:the record.
She would.agree,ye s..
.Have 'y o,u discussed'it,and I am sure that you have,since·..'......
reading the petition ,and the'phraseology that I have used,
you have talked it over with your ,wife?,
,.
I graduated in 194()from Centerville
Very well.
Through 12 years.
High School.
How far have you gone in school?
Ye s,'sir.
(At the direction of the Court,off-the-record discussion
was not recorded by the stenographer).
Mr •.San~ee,~hat is your business?
I ~anage the Top Value Redemption Center at the Washington
Plaza.
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Q You have had no college training?
A·No,I have not.
Q What has been your manner of making a illive1ihood since your
,
20
gradu~tion from high school?
A'Well,:I have ,had two jobs since high'school.Other than b~ing'
:in the service,.I worked at Montgomery Ward managing a
dep'ar'tment':for 12 years.And after that,Ii\Was employed by ~he
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.Top Value Enterprises and I've been there'ever since as
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manage of their redemption center.
How long:were you in the Armed Services?
Two and a half years.
Were'you overseas?
Yes,for a short time.
Do yo~believe that you have had the practical training,
business training-to properly perform the duties of a
guardian,should the Court make the appointment?
For the last 11 years I have to take care of payroll,collect
State Tax on items,and there is quite a bit of paperwor~
in the'type of job,T have to be admin-istered;.
And you have performed all.of the service s since at le'ast 1966 -..
when the Power of Attorney was given ,you to the pre sent
time that would be required of a guardian.Is that correct?
That's correct.
'What was the condition of Mrs.Weiher Gfl the d ate that her
husband died?
She was in.the hospital·at that time with a'kidney infect~on..And she could not be told of her husband"s death.She
could-not communicate at the time.
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Q Following a period of time was she then informed of her
husband's death?
.fl.1~U ,Sfltj WCl.S llU v •
"Q She has never been informed so far as you know?
AN?,.she would never hav~been aware of it.If we hadtri d
·to tell her shewouldn~t have understood.
Q Have I satisfied the Court·on the financial capabilities?
THE COURT:Yes.
Q
...I believe that's the extent of my examinat ion.
:$·z«>.J>-enz..~EXAMINATION BY THE COURT:
II.
A Yes,I understand,sir.
Q And that.y ou will be required by the Court to enter a suff'cient
security for your position,'the amount of which will be
fixed by the Court.
Mr.Santee,do you understand that if you are appointed
guardian by this Court that you must keep specific and detailed
conne9tion with the administration of this incompetent"s
estate?
accounts of the monies you receive and that you expend in
Yes,sir.
Of course',the premiums on that bond would come out of the
estate and not ouf of your own personal funds.
But you do understand that everything ~ust be kept separat
Yes.
as between your own business'affairs and this incompetent'
affairs.
Q
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Q
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..A I understand,yes.
Q And tha.t you'will"be !equired eventually to report those
things to the Court.
A Yes.
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Q ,You are willing to do that?
,'A Yes.
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teller.
Do you know for what bank he worked?
I believe it was the old---was there a Citizens Bank at ore
time?
I believe that's where he wor-ked,Citizens Bank.
Now you knew :Mr.Wehier as well as Mrs.Wehier before Mr.
Weiher passed away in 1969.
That's right.
,But your Power of Attorney which was'executed approximate]y
three years before th~t<i:t;l"1966 was'~;nlY from Mrs.Weiher.
What would be the reason for that?
Q Mr.santee,what was the occupation of Mrs.Weiher's husbcnd,
L!3wis,Wehier,before,he,died?
Well,he wasn't employed several year?immedia~ely prior
to his death.He was at a~:tit:tme a pharmacist and -also a barlk
I had both,and maybe I sho-gld have brought,his.
You had one from him also?
I had both,ye s,in case one or 'the other would pasS c.\away ,
there wouldn't have to be any more 'paper work,you know,
taking care of it.
Q I under stand'.
A The date would be the same.
Q,'Now,'Mr.Santee,do;you understand also that if you are
appointed -guardian that you begin your duties'of the
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administration of this incompetent's estate as of t~e timE
that you are appointed by the Court and simult~neously
with that you drop all your duties under the Power of
Attorney that you have.
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Yes •
.They don't coexist.You are not working under the Power
of Attorney and also under the ,Court's appointment asguar dia:q.o·
-~,As ,roon as you;'ar.§f(dtpp.6llinted as guardian which is an ~ckno~-
ledgement by this Court and an adjudication that this
.individual is i~competent,then that Power of Attorney
which you have ceases just the same as if she haq died.
Do you understand that?
Yes.
Now so that we'get this cl ear again,you have been'acting
under this ,Power of Attorney for several years and doing
quit~a bit of work as I understand it,in addition to
personally,you and your wife ~oDk1nglafter the phys~cal
needs of Mrs.Wehier.Now do I ~nderstand correctly that
neither yo~nor your wife will at any time present any".
claim to any Court for those services that were rendered
to Mrs.Weiher?
There will never'be any claim made up for those services.
Well,that's what 'We want understood and I am wondering
why the situation is such,that you have not made some
c+aim for all these services that you and your wife have
rendered.They a re not related to you,are they?
A No.
24
MR.BANE:If the Court please,I can answer that.
About six or seven years 'ago,Mrs.Weiher owlle~the propel ty
in which'they 'live.
,,
Mrs.Weiher',iJwas quite worried abou
"-and looked'lafter her in her home.But the total occupancy
there would be just twoyears and two months,I suppose,at
the most.
explanation of the"situation.Is the recital of the fact~
by him correct?
A There might be one C.~QiIJ..];te:.oHro.We didn t t live in the house
all the time that we have been taking care of him.My wife took
care of our home and their home separately.And it was onlV
when Mr.Weiher passed away and that we were able to take
care of one of them at a .time,then we brought Mazie home,
her husband who had had this severe heart conditiontfor
years.She has a deed drawn to her husband and to Mr.
Santee as joint tenants with the right of surv~vorshmp.
Of course,Mr.Weiher died and Mr.Santee now owns that
property.Now he lived,he and his family lived in'the heme
with Mr.and Mrs.Weiher .during all this time t~:)Q.However,
Mr.Santee furnished the food stuffs for his family.Now
that is the reason that h~would not make,he says that he
feels.he has been justly compensated and that he nor his~ife
will ,ever make any claim for any services rendered.
Mr.Santee,you have heard Mr.Bane give anTHE'COURT:
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THE COURT:But other than that change,the matters
recited by Mr.Bane were correct?
A Yes,they are.
25
.-'
TEE COPRT:And that would be the reason that neither
you nor your wife would be making any claim against this
incompetent's estate.
k 'Yes,'that's:correct.
'.MR.BANE:
.I might add,I hope I'm not'speaking out
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of turn,but Mr.Santee has told me that he would have done
all this ev~n though he had 'not received the home.'And he
had become quite friendly with Mr.a~d 'Mrs.Weiher.And
he waslwilling to helppout.
i~·THE COURT:Very well •.Mr.Santee,wereyou honorably
zx .~,_~i~charged from the service?
~
"
"What year dId you get your discharge?,
,
A May of 1952 .
Q And where was that issued to you?
A It came f~om New Jersey•.I can't think--
Q'The camp in N~w Jersey?
A Probably Camp Kilmer.I was just there about two or three
days,just to stop over until they discharged me •
A Yes,sir •
(Continued examination by the Court)':
Now,Mr.Santee,will youconsult whenever necessary with
counsel's?that !OU will be .dai.ng the things that:>au are
,'.,,'.....we
:r:equir~d to do:in theadministrationof ,this estate anev brir g
that to your attention because you are entitled to consult.-'
uth counsel in the administration of the esta'te •.And-..;.
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there often arise:problems that are entirely different in
,.,vu__--,-'•f>,_,-,.oy
26
"
might b.ein the carrying out in pursL!-ance of'a Power of
,'Attorne'y that JOU have been acting on.Do you'understand th t'?
.J-'
A _Yes.
Q ',And you will consult when It is required with an attorney?'
A ,Ye"s.
,'
(At the direction of the Court,off7"the record discussion
you wanted to add 'to this?
<
was no t recorded "by the stenographer).,
them,Mr.Bane.We are acquinated with their hoine.
Ankrom who operate,t~e Ankro'm Convalescent Home'.Whe ther
Your Honor would care to hear them---
, I
.'I think that theiri:es'timony woUld probab y
I don't think it will be negessary to cal
No,,sir •
No,I believe not.
Any objections or anY,thing at all?
1-,
Mrs.LeWis,did you have something that
I have no further questions,of Mr.sante .".
That's all,Mr.Sa~tee.,
Are the~e any other witne~~s,Mr.Bane?
:.~f;wth,ejEJou.r,t::plea:se,.,1.-have Mr ",and Mrs.
THE COURT:
MR.BANE:
MR.BANE:,
MRS.LEWIS:
.,
MR •BAJIJE:
THE COURT:
MR~BANE:
..=uit~,MRS •LEWIS :
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~MR.'BANE:"
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corroborate the qoctor that she is non~communicative.
'MRS.ANKROM:
,MR.BANE:
Right.
Does ,she ever speak any words at all?
MRS.ANKROM:No,she 'doesn't •.N~thin.g !!It all:.She'
doesn't respond'at,all to conversation.
THE COURT:All.rig~t.I believe that will complete
our hearing.
MR.BANE:I will draw a declaration by Mr~.Santee
27
and have her 'sign it and get it to Your Honor probably
tomorrow.
THE COURT:Very well,.
(Proceedings Closed).
I hereby certify that the proceedings and evidence are contained full
and accurately in'the notes taken'by me on the hearing of the above ause,
:'..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.