HomeMy WebLinkAboutOC1971-0958 - ESTATE OF STEWART--------------------
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IN THE COtrRT 'OF CQiv.rMO~\PLEAS OF WASHINGTON COUNTY,PENNi.
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ORPHANS'COURT DIVISION
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
•IN RE:
:ESTATE OF
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~MARIE R.STEWART,zzIII
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No.958 of 1971
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THE HONORABLE P.VINCENT MARINO,
Judge of the said Court.
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Tuesday,October 26,1971,at 10:00 o'clock
A.M.
DAVID L.GILMORE,ESQ.,of Washington
Pa.,for Frank A.Conte,Esq.,represent 'ng
the Petitioner.
~APPEARANCES:
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Jacqueline Hammond -Official Stenographer
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INDEX TO WITHIN TRANSCRIPT.
,"W I T N E S S Direct By the Court•WILLIAM F.EAGAN 4 9
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THE COURT:Mr.Gilmore,are you handling Mr.Conte'~
matters?
MR.GILMORE:Yes,I am.He was called into an injunctio
matter this murning and was unable to come.
THE COURT:The first item he has listed for this mornin g
the doctor's medical testimomy when we can get to it?
Mayview Hospital is sending out a staff doctor and as yet she hasn'
is the Stewart incom petency.
arrived.
Are you ready for tha t?
Yes.Your Honor.
All right.Proceed then with your lay testir~ony.
Your Honor.the doctor hasn't shown yet.
Could we take the lay testimony and take
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First,has adequate notice been given and s'oforth?
(At the direction of the Court.off-the-record discussion was not~~",~,~'L .~
of Service of Citation pn Marie Ste'vart 'by a nurse at the Mayview
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Yes,Your Honor.I have here the Affidavit
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recorded by the stenographer).
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THE COURT:The Interlocutory Order of September 2~,
1971 having"been,ciomplied with and personal service having been
made upon the alleged incompetent in accordance 'vith the statutory
requirements and the rules of this Court.we will order same filed
and made part of the record.You may call your lay witness.
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MR.QILMORE:,.
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"i'd like to call WilliamE:.agan to the stand please.
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•wILLIAM F.EAGAN IS CALLED AND DULY SWORN..","t t
DIRECT EXAMINATION BY MR':'GILMORE:
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Will you state your name?
Vvilliam F.Eagan.
Where do you presently reside,Mr.Eagan?
11m presently residing in the State of Texas.
Do you have any relationship to the alleged incompetent,Marie R.
Stewart?
She is my mother.
Are there any other sons or next of kin of Mary R.Ste'Nart?
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You are the only next of kin?
I am theonly direct next of kin.
How long has your mother been a resident of the State of Pennsylvap.ia J
do you kno'N ?
My mother came to the State of Pennsylvania in,I be lieve it was H 29.
Q She has lived here since that time?
A She's lived here since that time.
Q Your father is no longer living?
A My father is dead.
Q When did he deceas e ?
5
A My father died,I believe it was 1945.
Q And do you know where your mother is presently residing?
A My mother is presently at the state mental hospital.
Q Where?
A Mayview.
arrangements to see if she could be confined to the state hospital
Power of A ttorney to handle her affairs .
at Mayview.And I followed their advice arid their procefure and
99 July
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Term,1971 A.D.oy J~dge Cti~'ran,.committing,Marie R.Stewart
then I contacted my attorney for the next step to try to obtain
I 'Nent to the local Mental Clinic here shortly after my stepfather,.
Do you know what the circumstances of her being at Mayview are?
Did you go t~Tough a Court proceeding tohave her committed to
l<;no'v how to handle this situation.And they advised me to make
passed away,as my mother was in St.Francis Hospital and I didn'
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4.4..,~·She'.'N~s·committed by Cou~Lproceeding:'..'
present
I'd like to,for the Co~~tls edification,Ian Order at Number
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to Mayvie'v on the'r,:'etifion ~(the.Was.hington County Mental Health.,
Clinic under the Mental Health Act of 1966,and she has been
residing there since that time.
A She was in St.Francis for about five 'veeks.And I gave them achE ck
to cover the cost of transportation,awaiting the confinment by the
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Court Order,and she has been there since that time.I believe she
'vas transferred August 6th.
To Mayvie"v?
Yes .
That is where s he is pres ently?
She's be(;n there since.
Have you,over the years,had time to spend,occasion to spend very
much time w"ith your mother?
Well,I vias in the Marine Corps at the time this first started
back in the early '30s,middle '30s,and when the initial phase
began I believe it was around 1938 or 1939,Dr.Shannon had her
committE;d to Torrance.And from then on it became periodic .
When!'vouid have an opportunity to have a furlough during the
ten years in the service in Worl:Gl War II,I would see her and then
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I was here frorp '1916 to 1gg~.Then I ,went ,to Chicago and would
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make periodic visits for maybe six months,seven months apart.
have you s pent v~ry :rrius.h~time ,;vith ~~~over the last year or two?
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In the last cou pie of years it got to th"e point that my stepfather had
more than he could handle and"ve made quLte ' a fe'v visits down to
try to keep her calmeddovm and go visit her at St.Francis Hos pitc 1
or wherever he would have her confined at different times.
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Q L Does she have any property or other assets?
A She has a house.
Q Where is that located?
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A 334 Tyler Avenue,VVashingtonl Pa.
Q Does she have any other property?
Well,the lowest price at 'Nbich that house could go,I would appdtL e I
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She has a small checking account which I have Power of Attorney a
the Mellon Bank across the street.
Here in Washington,Pa.?
Yes.
What would you estimate the value of the real property to be?
it at $151 000 minimum.
Do you have knowledge of how much is in the ohecking account at
Mellon Bank ?
There's probably around fifty to one ,hundred dollars left in it,
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because I have kept the'bips paid:.I have.l'i:ept the ,water and electrir'
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and everything,.so everything would be maintained in the building...
I have kept her insura!lce premiums all paid up and everything,of,.,
course.
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\'<-Nbwlth.e real property that is situate here in Wasil ington,does it neec
care and supervision?
Well,the lady next doorl Mrs.Mary MartinI has been kind enough
to keep it under surveillance and handle all situations and inquiries
that have come in for me as my agent,more or less.
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Q But it does require some management?
A Yes.
I ~C'~:~T~"nil¥'rnnthp¥,at nre.~ent doin!f anv sort of mana!fement?
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A My mother can handle nothing.
Q Mr.Eagan,froIY).your:knowledge of your mother's condition and ycur....~
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kno'vledge of her condition over the years,can she at present manage
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either the assets in the bank or'her real property?
A My mother,I am sorry to say my mother is not qualified to handle
And she was constantly going from one doctor to another.Sometirr es
that any doctor in Washingt;0)H~Pennsylvania or Wheeling or Pittsbl rgh
or Mercer or anyplace could get for her,that's what she wanted.
hypochondriac.Any medicine that's on the rna rket or any medicinE
Do you know of her physical condition?
She has been---I am not a physician,but I guess the term is
Could you describe it for the Court?
H0'.V old is your mother presently?
73 years old,
I have known her physical condition since it started.
this medicine or that medicine constantly.
~z any of it because she just wa~ders off in her conversations and
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there were not es found in the house that she'dJsee t'vo and three
different doctors in one day,trying to have one of them tell her
yes,that she was better.But her last physician here recently
returned,Dr.Super,and he had he~under.I don't know how man
different kinds of medicines.The medicine bill at Viehmann!s
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Drug Store last year was two hundred eighty some dollars for her
medicine.
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Does she have any physical ailments that you knoviJ of?
did
The doctor.at the,institution,'vhen I/visit them out there on my las
trip up here last month,she is in Medical Ward 101,and the
Arteriosclerosis?
physician in charge informed me that she had hardening of the
flesh and everything.
terrific.She's practically skin and bones.Shels lost that much in
And she is sufferingarteries,particularly in the brain area.
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Yes.Just a sample,she hadn't washed her hair for almost t'II/O years
when she got in,tl{er~,a:nd,~they gaye her a,;bath i3-n9~scrubbed it for
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her.She wouldn't ,even go to a beauty parlor to get her hair fixed.
That is not normal for a woman.
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Does the Court have any questions?
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Q Mr.Eagan,has your mother ever been a member of the Armed I
Forces of the United States of America?
A No,my mother '.vas never in the service.
Q And you say that you are the only son?
A Xes.
Q That '~IOU ld be by her first marriage.
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Yes:
Yes.
No deceased children.
able to handle her usual business affairs?
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Well,I would say that if the Court doesn't appoint either myself or
without the appointment of a guardian,do you feel that she would bE
Mr.,Eagan,if the Court permitted her to continue her existence
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goes to is,"I need medicine.They won't give me medicine."
When twas here the last time up,Your Honor,I 1Nent over to see
Does she recognize you 'vhen you call ton her?
No,sir .
And you are the only one by the first marriage.
Did she have any children by her second marriage?
No children by the second or the third ma~riage.
Are there any deceased children by those marriages?
her estate?
If she 'vere permitted to continue to handle her o'.vn business affair 3,
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someone in control,that it will be gone,"/hether it's a matter
of one day or one month;as soon as someone steps in,it will be
gone and she won't have anything.
Q In other words,you feel that she could become the victim of desigr ing
ind'ividuals ?
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Where 'Nere you formerly?
I was in Des Plaines,Illinois and Niles,right out of Chicago,for
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I have just moved to Texas,'Your Honor,two months ago.
""Now you are a resident of the State of Texas.
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A Well,I have already conversed with Mrs.Mossburg at the bank
Q Do you feel,Mr.Eagan,that ifyou ',Vere appotnted guardian of this
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the last 20 years.
estate,that you could handle the situation from Texas v/here you HIre?
and asked her if I could have the one account transferred to a bank
locally in Texas where I reside,which can be done.And I would
like to have then.any income or anything that comes,just deposit;E d
to that bank and then any billings that would come,I could handle
it straight ou t of there.
What would you contemplate doing about the real estate?How woull
you handle that?
I have told Mr,Conte I would like to have the house sold because
she will never live in it again.-
Was she living in the house?
Yes.Her and my stepdad lived in it until my stepdad died in May.
Then I take it that the house then is unoccupied.
Yes.
Nobody is renting it?
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Q How many rooms are in the house?
A There's three bedrooms upstairs and the bath,and then there's a
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big pador and a diningroom and kitchen and a back room,patio
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room,what used to be a porch,and then there's a full bas ement.
Does your mother have any income at all ?
Yes.She has Social Security,$154.00 a month.The last time
I was here I ,;vent to the Social Security 13pard and notified them
to transfer her future payments directly to her at Mayview.
That is the only income she has?
She has one little---her and my stepfather had one little income of
(,$3 .,78',a month from'Cl little ,bit of'stock ..,,..$.3.28 a ~yarter,I think .
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was.
·.tI#:Well,after your,stepfath~~'died,'vouldn't she inherit that?Wouldr't
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that be her stock?
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Incidentally,;sh'e has ahdx at the bank which I have to have Power
of Attorney to open.But I have seen it and there's insurance paper 3
in there and their joint Will is in there which leaves everything to
my s on,in cas e dlf ;}joth of their deaths .
Can you recall just what the stock was,how many shares,what
company?
A I bel ieve it's a gas stock,Columbia Gas,I think it was.
Q Well,we will pass that for the moment.Do you feel that there was
an income from that of approximately of what?
A West Penn stock.
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Q That was probably West Penn Power Company?
A It's $3.28 is the dividend on that.
q You don It feel that the income that she has,as lovv as it is,plus
the Social Security payment which she gets and any,income from thE
real estate.if the property were rented•.would that,do you feel,
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be enough to keep her?
-Well,I feel,Your Honor.actual~y,if the property is rented,by
the time that the taxes and everything is paid on the building and yo~
pay management and everything,that she's out money.Where if th
house could be sold,I realize that it can't be sold just at the initial
price of $15,000,.Other people may want to pay more,which wou d
be to her advant age.If that money could be placed away and if
she needed money,I could be n~,tified and f cou.1d release it to her
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or ,vhoev'er has t~'have"it.~nd'th'e;at le~st'i'w'o~id be"ea~ning
money for her I think m,C?re profitably in,the long run.Because
~'fasI,told the physician at the 'hospital and all,if she ever were---i
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they ever suddenly dec}ded~the'y·foundsomething that could cure
her.I al'vays told her our home was her home.
Well,of course,the reason that we inquire about the amount of
the income is that 've prefer,when 've can,to retain rEfil estate
as long as '''Ie can in an incompetent's estate,leaving it to the
incompetent herself or to her 'vill as to the disposition of same.
The last thing that '''Ie prefer to do is to sell real estate,but we
realize that in some instances it is impossible to continue without
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the sale of the real estate"
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It vwuld be a terrific har.dship 'on me,Your Honor.to come up
for the Court proceeding and the hearing.My attorney told me I
didn't actually have to be here.I said no,I have got to be 'there.
I am sure you realize,you know,I've got a family,I've got to be
with too,but I feel this is something I have to have finalized.
We appreciate your coming in.What the Court is trying to determ il1e
now is whether or not you could handle the problem of the guardian
being at the distance that you are in Texas.That is 'vhat we are
a little concerned about.Because we generally feel that a guardian
should handle real estate up to the time tha t it is sold.in his o'vn
capacity as a guardian;not to see to the.administration of it
through an agent.We prefer the guardian to do that and we
generally do not expect a guardian to hire an agent in a particular
place to look after the real estate becaus e anybody can do that.
That's the guardian's job in looking after real estate,as you surel
realize,and is a job for someone that is near at hand and knows 'vt at
to do with the real estate,in the way of repairs and maintenance
and taxes and all that sort of thing,i~addition to the renting.
so that there 'Nill be sufficient money left from the rental to
justify the keeping of the real estate.
Of course,I 'vant you to unders tand that th
Court is not determining at this tim e 'vhether the real estate shoulc
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0';vn mind aLJead of time.That is a determination to be made by the
Court when the proper time arrives.And we are not making that
de ter mination now.But we are just mentioning some of the things
th.at have to be kept in mind.The Court realizes also that it is•
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very difficult,if not impossible to get a bank or a banking institutic n.
financial institution to handle thes e incompetencies I administration
anymore unless there is a good deal of personalty involved.The
banks have been disinclined in recent years to look after real estat .
They just want to look after the personal property.and 'as I-,haVe
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.sta~ed.it is almos t impossible to get .a bank to handle such an esta e
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as this.That is why I am inquiring as to whether it would be prope f,
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for you to be appointed,guardian and whether you could look after,,,.l ~..,
this rnatter when you are living at a distanc e in Texas.I presume..
that if Mr.Conte were here he''IiIOU ld ask the Court to appoint this
iiia:IIIIi:gentleman as guardian.oII.III~MR.GILMORE:Yes,Your Honor.a:
:Jo~THE COURT:And that is the reason I am asking the ques ions
cu~that we ar.e making inquiry about now.How do you feel about it,o
Mr.qilmpre?
MR.GILMORE:
THE COURT:
I think that Mr.Eagan is capable of proper y---
I think he is capable too.I can see at a
glance that he is capable of doing this thing.It's a question of
whether it 'lilould be possible for him to do it properly.living in
Texas when vou havere:al estate involved.And we can't anticipat
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now that 'Ne are going to sell this real estate.There might be
enough income here from the various sources combined to keep thi
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real estate and if there is.the Court prefers to keep real estate
in every incompetency until something happens 'Nher e the real
estate must be sold.
willinrgness to do the job and to take whatever extra effort is
of cours e,.than if he were a res ident,but I think he can effec tively
no one else to do itl he be ing the only heir,and he's express ed his
manage it f!,om Texas.And as Your Honor points out,there is
Your Honor.I feel it will be more difficult,~MR~GILMORE:
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We have no further questions of you,Mr.Eagan.
advisement as far as the appointment of guardian is concerned.
necessary to properly manage it from Texas.And I think that the (ourt
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\·.~r told Mr.Conte he '\lill be my representat ve.
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in Chicago and Was hington.Pa.'
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should app,.oint him as'guardian of the estate and I think qe will carl y
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MR.EAGAN:I'd like to let the Ju dge know one other
thing I have done..We::::\,my mother and stepdad bought four lot"s
at the cemetery up here several years ago and we paid for two of
them.They wanted it that way.Well,I know that the wife and I
have never used our two lots there,but I have made arrangements
with Mr.Bob Gor0Qp.,the funeral director,'and I have notified him
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and it's on reco~d "at \he,Welfare Department at the institution,
that if anything happens,if my mother does pass away,they are tc
notify Mr.Gordon and Mr.Gordon is to handle all burial<matters
right away,without 'vaiting for any further directions.And he is
to use the one additional lot,and I have turned over the other two
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lot s that we had to Mr.Gordon as partial payment towards the
burial.And my mother has some insuranc~:lDolicies in the lock
box at the bank,but I have to have freedom to get them out so I car
see which ones I will have to turn over to Mr.Gordon so he would
have full coverage for the funeral.So that,you know,I don't want
'Nill take the matter under advisement.You are excused,sir.Now
.:uii:her to have to lay there and somebody wait until they notify me.lDa
~I 'vant everything done.
U~THE COURT:We understand.Well,as I stated,the COUIIL
:t~...N
that the staff psychiatrist would be here at 10:00 o'clock.
Mr.Gilmore,the doctor from Mayview 'vas supposed to be up ther
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this morning.
GILMORE:Yes,Your Honor.I have a letter stating
THE COURT:
office when she comes?
MR.GILMORE:
Would she be getting in touch with your
That's what I assumed,Your Honor,but
I had waited until about quarter to ten and I had heard no word,and
I assumed she "vould come straight to the Court House.But if
Your Honor will give mea few minutes,I will check to see if
there's been any notification.
(At the direction of the Court.off-the-record discussion was not
18
arrives so that we can get her testimony.
recorded by the stenographer).
•THE COURT:We 'vill continue this until the doctor
"''"( •~.t l ,I.t
has arrived and I 'would like to call her to the stand.
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:MR.GILMORE:zoI-eIZ
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Your Honor.after continuing the hearing 0 il
the matter of Marie R.Stewart,Dr.Barzd from Mayview Hospita
•••
You may.~~THE COURT:
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:r:I-~DR.VERA BARZD IS CALLED AND DULY SWORN.
iiiII:~DIRECT EXAMINATION BY MR.GILMORE:
II:oCL~Q Would you state your name for the Court?
l-ll:::I3 A Dr.Vera Barzd.
oJ<~Q What is your profession?
II.o
A
Q
A
Q
A
Q
Physician and psychiatrist.
Are you licensed to practice in the Commonwealth of Pennsylvania
Yes,I am.
And 'vhere are you presently carrying on your practice?
Mayview State Hospital.
What is your pos ition there?
'--------------'-<-------------------------
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A Psychiatric Physician and Senior Psychiatrist.
Q Where did you go to medical school?
19
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University of Pittsburgh.
Did you take addition~l psychiatric training?
Yes.I have my full qualifications.
Is there some licensing board for psychiatrists?
Yes,there is.I am board eligible.
You say you are presently at the Mayview State Hospital?
That is correct.
.Doctor,did you have occasion to eiXamine Marie Ste'Nart 1vhile ther ?
'Yes,I did.
Could you tell the Court 'vhat the results of that examination is
and the diagnosis and prognosis?
The immediate findings of the patient is that she is suffering from
a pathological illness,that she has paranoid and schizophrenic
conditions;she also has had a severe depression along with it.
She has impairment of her judgment;she has poor insight into her
mental illness.She also has unpredictable behavior and impulsive
emotional behavior at times.
Is the prognosis for the future that this condition would continue?
The prognosis is unfavoJ;'able.There may be s orne improvement bt t
the over-all picture is unfavorable,.
Q IQlctor,in your opinion,at the present time,is she capable of
managing''her own oersonal or business affairs?
L---'L-_
-11------------------------------------.,-------,
20
A At this time she does not have the judgment to handle her o'vn pers mal
affairs.
•
Q Do you think she would be susceptible to someone attempting to,
say,get at her property or some person of a designing scheme to
take her property a 'vay?Would she be susceptible to such a thing?
I am not so sure she vlould be susceptible to that as she would
than the mental problems?
That's all the questions I have,Your Honor.
It would tend to aggravate the condition.
,,
,lj•.fl.'_It.Yes,she eQuid'.
Just som e'vhat underweight and art.eriosclerosis.
Does she.at the pres ent time.have any physical impairments othE r
many years.
could rely upon their good judgment.She's had mental illness for
that she's always had to have someone that was stronger and she
Yes,it would,·unless she:fo"tind soineone"V'hom she could rely
....;r I I J ,
and depend upon.From her previous history.it is very evidetilt
In your opinion,'vould this inability to manage her funds continue
,--:,in the foreseeable future?
Would this continue to have some effect on her ability?
use poor contrlol and poor judgment in her management of her affairs..
Would she be susceptible to dissipate the fund?..".,.
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EXAMINATION BY THE COURT:
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Doctor,at her age,which I understand to be 73 years,is it usual
for the arteriosclerotic condition to progress and become more
pronounc ed than it is at her pre sent age?
It's usual to a high percentage.There are rare incidents 'lIJhere
they do not.
What would her paranoid condition be du e to?
That would be due to her personality and her make-up and the
way she was brought up by her family,the family situation and family
cons tell'ation.
\'to ...'.
I'••.,'I ,'.I ','.,
-.•,.~r J ..I --"I S ~You state that her actions are unpredictable.:Does that infer
-t-.
.1-.She,at one time,made one attempt to jump out of a moving car.
L J "t,".t'"1 •~. .
And at another time 'she":"---I'm 'sorry,but I can't recall right at
this moment without referring to the records.
Well,that would be more of a violence towards her own physical
being;not towards others.
No.There is very little tendency towards violenc e towards others
at this time.However,there is a record of her having been somev.hat
emotional and wanting to leave the hospitals or nursing homes whel e
she was when she was somewhat disturbing to the other patients
and:had to be put in restraints.But the details are not given
as to just how she was disturbing to them.
Q But vou are satisfied ores entlv that she would be unable to attend
22
to the usual business affairs?
A At this time I am satisfied she is not able to do this .
MR.GILMORE:
..
•
Q That's all the questions we have of the doctor.Do you wish to
her at this time on your next proceeliling,Mr.Gilmore?
I think that 'vould be appropriate,Your
j.It .,.
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I hereby certify that the proceeaings and e,\Tidence "are contained
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(Proceedings Closed).
Stenographer's Certificate
The foregoing record of the proceedings upon the hearing of the
'.
Stenographer
line Hammond
!"
hereby approved and directed to be filed.
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o above cause is
.,:u -.'~fully and accurately in the notes ~taken by .me q,ri the hearing of the above
a 4 'I -)i ..
,.'~cause,and that this copy is a correct trariscript of the same.
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BC]..e.:ourt,
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P.Vincent
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
MARIE R.STEWART No.._.-.,fI,--0=-..LJ.){~.--.::-...1+--·_1971 ~
Orph~p's Court Division
REGISTER OF WILLS:
TO::m:mxE{~X~
Please enter my appearance for Petitioner,William F.
Eagan in the above captioned proceeding.
~~l'Y'·!fU...Date ..-;;Frank A.Conte,Esq.
PETITION TO DECLARE MARIE R.STEWART
INCOMPETENT AND FOR APPOINTMENT OF GUARDIAN
AND NOW comes William F.Eagan,and by his attorney,
Frank A..Conte,Esq.,represents to your Honorable Court as
follows:
1.William F.Eagan is an adult individual who resides
at 2505 South Park Road,Apartment 6-D,Harlingen,Texas,and is
the son of Marie R.Stewart.
2.Marie R.Stewart is an adult individual who resides
at 334 Tyler Avenue,City of Washington,Washington County,
Pennsylvania.
3.Marie R.Stewart was committed to Mayview State
Hospital by Order of the Court of Common Pleas of Washington
County dated July 20,1971 at No.99 July Term,1971 A.D.
4.Petitioner,William F.Eagan is the only son and
only next of kin of Marie R.Stewart,the alleged incompetent.
Alleged incompetent has no other children and her husband
predeceased her.
,.
".
5.Marie R.stewart is seized of certain real and
personal property,consisting of a checking account at Mellon
National Bank valued at approximately $700.00 to $800.00,.and
a dwelling house located in the City of Washington valued at
approximately $15,000.00
6.The alleged incompetent is on Social Security and
obtains monthly subsistence checks on that account.
7.Since the committment of Marie R.Stewart to Mayview
State Hospital,it has become necessary that a Guardian be
appo~nted to handle the assets of the Estate of Marie R.Stewart,
the alleged incompetent,and your Petitioner is ready,willing
and able to assume the duties of Guardian of the Estate of the
said mentally disabled person.
WHEREFORE,your Petitioner prays your Honorable Court
to order a Hearing to determine\:whether or not Marie R.Stewart
is incompetent and in the event that Marie R.Stewart is found
to be incompetent,the court appoiht a Guardian for the Estate
of Marie R.Stewart.
"...z ~,
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
ON this ~day of ,~,1971,
before me,the undersigned authority,personally appeared WILLIAM
F.EAGAN,who,first being duly sworn according to law deposes and
says that the facts set forth in the foregoing Petitionfdr
,Appointment of Guardian of the Estate of Marie P.Stewart ARE
true and correct to the best of his knowledge,information and
belief.
F.Eaga
day of ~~~~~~~~~,1971
I
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III
1In m~r Q!oud of Q!omutou 'ltas of lIas~iugton Q!ounty.Jrnusylnauia
(®rp11unll'<!tUUr!mitllntrtt
OF GUA'qDIAN ))~or itatian ~NO.958 of 1971
((
))
(l!nmutnUlUl'Ultl1 nf Jl'ttttnyluuuiu Inn:.
.<!tuunty nf lD unqing1nu )
~J:N RE:
:::'APPO INTNENT
for
-MARIE R.STEHART,
an alleged Incomp.
To:MARIE R.STEWART
Sur Petition of:_----U.W~I.u.r.I....!I~A.....r,.J_f........F__".__'_'E.!......A.G......A~N~_
~rrrting:
Ite <!tnmmuu~luu,---.l.M"""'A........R..wIEL.J..-UR.......~S~T""'='E1..!..!.,;~lA~R.>..e.T_·_
that,laying aside all business and excuses whatsoever,you do file In the office
of the Clerk of our Orphans'Court of.\Vashington County,a full and com-
plete answer,under oath,to each and every of the averments of the said
I
petition,on or before_~T"-"u...."e'-"'s'-""d=a~y~_,the 26th day of__--.:::O:....::c:....::t...=.o--:..b....::...er=--__
19f.l-,at]0:00 o'c1ock-A:-.M.,and show cause why the said MARIE R.
.STEWART should not be declared an incompetent and a g:uardian of her
estate appointed;
and further abide the order of our said Court in the premIses,
If you fail hereof,the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the 22 day of September ,19 71
~A.~~~·
Clerk of the Orphans'Court
FRANK A.CONTlE
Attorney for Petitioner.
(Seal)
,Esq.
Wa~hington Trust Bldg.,
Washington,Penna.,
15301
I'.'..,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY"PENNSYLVANIA
IN RE:
MARIE R.STEWART
)
)
)No.
)
)
__________1971,o.C.
o R D E R
is incompetent will be held ~'1f~m~~~~~,!¥-'the z...C
day of ~,1971,-+-.-;..,.;.__-z OIC10Ck·-d-=~--";"""M-.-
AND NOW,this :<2 day of L.~£UV
1971,upon p~,on Of,William F.Eagan,it is liereby ORDERED~~..~~
tha~a Hearing to etermine whether or not Marie R.Stewart .
THE COURT:
J.
IN THE COURT OF COMJ.ViON PLEAS OF WASHINGTON COUNTY..PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
MARIE R.STEWART"
an alleged incompetent.
)
)
)
)
)
)
)
No.958 of 1971
FINAL DECREE
AND NOW..October t,?"1971,upon consideration of the annexed
petition and after a hearing held following due notice,it is ORDERED AND
DECREED that
MARIE R.STEWART is adjudged an incompetent.
William F.Eagan is appointed Guardian of the Estate of MARIE R.
STEWART..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 amendeb.
The said Guardian shall file his own bond without surety in the sum of
Two Thousand Dollars ($2,000.00).
J.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of
MARIE R.STEWART
BON D
No.958 of 1971 ~
KNOW ALL MEN BY THESE PRESENTS,that I,WILLIAM F.EAGA~,
-...T"(.ntamheld-and firmly bound unto the'Commonwealth of Pennsylvania,in
-~,~the sum of Two Thousand Dollars.($2,000.00),lawful money,to be
paid·said Commonwealth of pennsyfirartia,:"their certain -attorney or
~-".......,.,
assigns;to which payment,well ahel'truly to be made,I bind mysel"
my heirs,executors and administrators,"j;intly and severally,I
firmly by these presents.
Signed and sealed the
,f
·~71'~...r_.-day of OCTOBER,in the-7Pv'r-+-·--.
year one thoupand nine hundred and seventy-one (1971).
WHEREAS,at an Orphans'Court hearing,for the County 0'
Washington,held the-26th day'of October,in the year one thousand
nine hundred and seventy-one,the court ordered that the said
WILLIAM F.EAGAN be appointed Guardian of the Estate of Marie R.
Stewart,an incompetent,under the terms,conditions,and limitati0ns
-.~1 •,of the said decree,se.curity to bEt entered in the sum of Two
...r .,.,Thousand Dollars ($2,000.00),to b"'e"approved by the court.
NOW,the condition of the abo';e obligation is such,that
~;,-oJifthesaidWilliamF.Eagan,Guardian of the Estate of Marie R.
'.:1'Stewart,shall well and truly administer the said incompetent's
estate according to law,this obligation shall be Ivoid;but other-
wise/it shall remain in force.
Sealed and delivered in
the presence of:
[1
COMMONWEALTH OF PENNSYLVANIA
S8:
COUNTY OF WASHINGTON
ON THIS,the (2~-day of OCTOBER,1971,before me,
a notary public,the undersigned officer,personally appeared
WILLIAM F.EAGAN,known tome (or satisfactorily proveIl")to be the
person whose name is subscribed to the within BOND and .acknowledged
that he executed the same for the purposes therein contained.
In Witness whereof,I hereunto set my hand and official
seal.
rt./If!.
Notary Publi
tJ(AREN M.SANFORD.NOTARY PUBLIO
'fWASHINGTON,WASHINGTON COUNTYtIlyCOMMISSIONEXPIRESAPRILIt/;1975
/Member,PennsylvaniaAssociationof Notaries
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
ON THIS __2_9th day of ___-=S;..."ep"-tem...;..;",,;;·.;;.;;b~e.;;..r ,1971,
before me,the undersigned authority,personally appeared
BETTY J.RONCOVITZ,R.N.,who being duly sworn according to law,
deposes and says that the Citation and Petition to Declare Marie R.
Stewart Incompetent and for Appointment of Guardian were served
upon Marie R.Stewart,by personally handing a true and correct
copy thereof to her at Mayview State Hospital,Allegheny County,
Pennsylvania,on Wednesday,the 29th day of September,1971,
at 8:45 o'clock A.M.
.\
Sworn to and subscribed
before me this 29th
day of September ,1971.
t1J'~J;:~L
My Commission Expires:
MARGARET DELPHUS,Notary P'ublicPitt~burgh,Allegheny County,Pa.
..My Commission EXpires
February 19,197a
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IN THE COURT OF C01V.Llv.lON PLEAS OF WAS HINGTON COUNTY.PENNi.
ORPHANS'COURT DIVISION
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PROCEEDINGS ON PRIVATE SALE OF REA£:£,ST-'ATE W"1
U"V
lV.l.ARIE R.STEWU1',ftT,
ESTATE OF
IN BE:
~an incom petent.
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~BEFORE:-:tUl~
THE HONORA BLE P.VINCENT MA RINO.
Judge of the said Court.
TIlVlE:.
~~APPEARANCES:!!!
D...<C§
D~
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DAVID L.GILlvJ.ORE.ESQ.•of Washingtor.
Pa••representing the estate.
lvlonday.December ~3,1971.at 10:00 o'el ck
A.M .•EST.
-!
viII:III..~THE COURT:We will hear the Stewart estate.LIIIII:
~lVlR.GIL.l.vI0RE:Your Honor.this is the time set by the Court
ou~for the return upon request for private sale in the estate of MariE .
Uii:~h.Stewart,an adjudged incompetent.I don't have the Proofs
of Publication with me.I called down the newspaper today and
they assured me they would be up this afternoon.We had a bid of
$15.000.00 from Mr.Bellhy and no other bids have come to our
attention.
THE COUR T:Do you have the originalnle~tition?
MR.GILmORE:
THE COURT:..'..
Yes,Your Honor.
Was advertisement made in the Legal Journal as,.
, 2
I•.J.
well as the newspfllper?
MR.GILLV10RE:
THE COURT:
fue3 Court?
~
Z~MH.GILlvlORE:.J>-Ul
~THE COURT:III0.
Yes,sir.
And you will have the Proofs of Advertisement for
,Yes,I will,Your Honor .
In the matter of the Petition for Leave to make Pr vate'
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Sale of Incompetent's Real Estate of Marie R.Stewart,an incom e.tent,
at Number 958 of 1971,the petitioner has an offer of $15,000
for the property located at 334 Tyler Av~nue in the Seventh Ward
of tl?-e City of Washington,Pa.Is there anyone in Court at this .titpe
that desires to pay more than the sum of $15,000 for this propertty .
as described in the Petition at 334 Tyler Avenue,Washington,Pc.?
Court will execute the Final Decree with .res pect tothe sale of
Is t~ere anyone in Court interested in this incompetent's estate?
.oJ.
ui
II:III~11:'oR-IIIII:
~II:S'THE COURT:
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There being no further bids in this matter,the
this property to the bidder,who,at this time appears to be Thon as
J.BeUhy and Joanne M.Bellhy,his wife,of Washington,Pa.
(Proceedings Closed).'
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:
ESTATE OF:
MARIE R.STEWART /'
An adjudged Incompetent.
)
)
No.958 of 1971
'{~
PETITION FOR LEAVE TO MAKE PRIVATE
SALE OF INCOMPETENT'S REAL ESTATE
To the Honorable,the Judge of said Court:
The petition of William F.Eagan respectfully states:
1.Marie R.Stewart was adjudged an Incompetent by
Decree of P.V.Marino,J.,dated October 26,1971;and petitioner
was appointed guardian of her estate,by said Decree.
.-2.The Incompetent,whose domicile was 334 Tyler Avenue,
City of Washington,Washington County,Pennsylvania,is presently
a patient at Mayview State Hospital,Bridgeville,Pennsylvania.
3.The Incompetent's estate consists of:a house
located on a lot at 334 Tyler Avenue,in the Seventh Ward of the
City of Washington,Washington County,Pennsylvania,with an
appraised value of.$15,000.00;cash in bank account of approxi-
mately $70.00.
4.The only person interested in the estate of the
Incompetent.is this petitioner,her only son and heir at law.-
5.The Incompetent's creditors,so far as are known to
the guardian,are:Mayview State Hospital.
6.It is proposed to sell real property located at
334 Tyler Avenue,in the Seventh Ward of the City of Washington,
Washington County,Pennsylvania,and more particularly described
as follows:
ALL that certain lot of ground situate in the Seventh
Ward of the City of Washington,Washington County,Pennsylvania,
known and designated as Lot No.153 in the Clark Place Plan,laid
out by the Washington Land Company and of record in Washington
County,in Plan Book 2,pages 6 and 7,said Lot No·.153 being
bounded and described as follows:.
BEGINNING at a point on the Southerly line of Tyler
Avenue,at the Northwest corner of Lot No.152 in said Plan;thencr,
Southwardly along the westerly line of said Lot No.152,a distance
of 109.97 feet to a point in the rear line of Lot No.138 in said .
plan;thence southwestwardly along the rear lines of Lots 138 and
137 in said plan,a distance of 58.35 feet to a point at the south-
east corner of Lot No.154;thence,northwardly along the eastern
line of Lot No.154,a distance of 123.58 feet to the southerly
line of Tyler Avenue;thence,eastwardly along the southerly line
of Tyler Avenue,a distance of 50 feet to the place of beginning.
The house is presently unoccupied.
~he assessed value of the real estate is as follows:
7.The petitioner is not authorized to make sale of
said property since Section 443 of the-Incompetent Estate Act
(50 P.S.Sec.3443)requires that the Court must first make a
determination that the proposed sale is for the best interests
of the Incompetent.
8.-It is necessary that the sale be made since the
house of the Incompetent is presently vacant and,as such,it
would be susceptible to deterioration.In addition,the house
is located in a declining economic area;and its depreciation
would be in excess of an amount that it could be rented for.
9.It is the petitioner's opinion that a private sale
of the real estate involved-would be of greater benefit to·the
estate of the Incompetent since the consideration obtained under
a private sale is better than could be obtained at a pUblic sale.'
Attached.are affidavits of Anthony Colaizzo and Donald E.York,
both licensed real estate brokers,who are familiar with the
value of real estate in and about Washington County.Both affi-
davits indicate that the proposed considerations are better price~
than could be obtained at a pUblic sale.The affidavits have been
marked as Exhibits 1 and 2.
10.Thomas J.Bellhy and Joanne M.Bellhy,his wife,
have agreed to purchase the real estate set forth above for the
appraised amount of $15,00.0.00.The Agreement to Purchase is
attached and marked Exhibit 3.
11.Notice of the presentation of this petition has
been given to Mayview state Hospital,by writing annexed hereto,
by mail.Sent notice is attached hereto and marked Exhibit 4.
12.The Incompetent's medical condition as well as her
mental condition has been recently testified to in the incompe-
tency proceeding at the above number and term.
WHEREFORE,petitioner requests your Honorable court tha~
private sale be made of the real estate located in the City of
Washington,Washington County,Pennsylvania,by this petitioner.
Respectfully submitted,
~.~{f}_~.~./.~
Wi liam F.Eagar;
.J ••
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)..
)
SS:
..
Before me,the undersigned authority,in and for said
County and Commonwealth,personally appeared WILLIAM F.EAGAN,
.who,first having been 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 knowledge,information and belief.
t
Sworn to and subscribed
before me thisL~day
of !I:~,1971 •
~!!l.¥~
-KAREN M.SANfORD.NOTARY PUBLIC.I:~;WASHINGTON.WASHINGTON COUNTY
MY COMMISSION EXPIRES APRIL 14.1975
Member,Pennsylvania AssociationofNotaries
A F F r D A V I T
KNOW ALL MEN BY.THESE PRESENTS,That,.the undersigned,
ANTHONY COLAIZZO,·hasexaminedthe real estate set forth .inthe
within Petition,and upon consideration of the land,hereby
deposes and saysthatitis his opinion that.the,fair .market.value
of the premises described in the within Petition is $14:,500.00.
COMMONWEALTH OF PENNSYLVANIA ).)
COUNTY OF WASHINGTON )
Sworn to and subscribed If
before me :this .d2;Z~
day Of~V;"1971.
)..~04zJ/Il.~--NotaryPubll.c
~JIY'~bmmission Expires:
ji~;·.Y.MAREH M.SANFORD.NOTARY PUBlIC
..'}\:::J-WASHINGlON,WASHINGTON COUNTY
"YCO.M~SSION EXPIRES APRil Jr<,1975
Member,hnnsylylllllaAssociationof Notaries
EXHIEIT 1
AFFIDAVIT---------
KNOW ALL MEN.BY THESE PRESENTS,That,the undersigned,
DONALD E..YORK,.has examined the real estate set forth in the
within Petition,and upon consideration of the land,hereby
deposes and says that it is his opinion that the fair market.value
of the premises·described in the wi.thin Petition is $15 ,000.00.
COMMONWEAL.TH OF PENNSYLVANIA )
)
COUNTY OF WASHINGTON )
Sworn to and SUbscrJbeforemethis·~cJ·.
day Ofa~~,1971.
Notary Public
My Commission Expires:
KAREN M.SANFORD,NOTARY PUBLIC
.WASHINGTON,WASHINGTON COUNTY
.-MY COMMISSION EXPIRES APRIL 14,1975
Member,PennsylvaniaAssociationofNotaries
EXHIBIT 2
day of 19
Between·WILLIAM F.EAGAN,Guardian of the Estate of Marie R.Stewart,an
~HnkklKqPKdt incompetent,of Los Fresnos,Texas,.....
.'-....-----(hereinafter called "Seller")and
THOMAS J.BELLHY and JOANNE-_M.BELLHY,his wife,of l29Q DonnanA.v..enulr,
City of Washington,Washington.County ,Pennsylvania(hereinafter called 'Huyer ).
WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and
Buyer nlutuallyagree as follows:
1.Seller agrees to sell and convey to buyer orior before
by warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth )all the real property
described in Pa~agraph 8 hereof.
2.Buyer agrees to purchase said real property and to pay Seller th~refor the sum of FIFTEEN THOUSAND'
and NO/lOa -----,_($15,000 .00 )Dollars as follows:
FIVE HUNDRED AND NO/lOa Dollars ($500.00)to be paid upon the signing
of the within Agreement and the balance of Fourteen Thousand Five Hundred
Dollars ($14,500.00)to be paid at the time of settlement.
.)~"
3.Possession shall be given on upon settlement
at the office of Seller's attorney on ...19
19 ,and settlement shall be made
;or as follows
.4.Buyer and Seller shall each pay one-half of all state and local realty transfer taxes payable upon this
transaction,but real estate taxes,sewer charges,and rents and royalties shall be prorated on a calendar year basis
between Seller and Buyer as of date of delivery ofpossession of the premises,except as hereinafter set forth:
5.From and after the date of this agreement,insurance shall be provided and paid for as follows:
Seller shall provide insurance until the date of settlement.
6.Time is not of the essence of this Agreement.
7.The parties further agree as follows:
(a)In the event the Orphans'Court of Washington County,·Pennsylvania
does not approve the within sale,the hand money paid by
the Buyer shall be returned.
---
EXHIBIT 3
·...--'"".'~;'"~....::~.,:~'",::.~",......,.-.~.oc-;--'
~"-' ','I
8.The re~lPr-o"pertywI,;:~'is the subject of this Agreement is described as follows:
ALL that certain lot of,ground situate in the Seventh Ward of
the City of Washi~gton,Washington County,Pennsylvania,known and"
designated as Lot No.153 in the Clark Place Plan,laid out by the
Washington Land Company and of record in Washington County,in Plan
Book 2,pages 6 and 7,said Lot No.153 being bounded and described
as follows:
BEGINNING at a point on the Southerly line of Tyler Avenue"
at the Northwest corner of Lot No.152 in said Plan;thence ,Southwardly
along the westerlY,line of said Lot'No.152,a distance of 109.97
feet to a point in the rear line of Lot No.138 in said plan;thence
southwestwardly alo~g the rear lines of Lots 138 and 137 in said
plan,.:t distance of 58.35 feet to a point at the southeast corner of
Lot No.154;thence,northwardly along the eastern line of 'Lot No.
154,a distance of 123.58 feet to the southerly line of Tyler Avenue;
thence,eastwardly alo~g the southerly line of Tyler Avenue,a'distance
'of 50 feet to the place ofb~ginning.
I
l.
r,.~,
";'ii'~"""""';""""'i:;,-'---.~'
9.If Buyer defaults in payment or performance for days,Seller may,at Seller's election,
use one or more of the following remedies·in addition to or instead of any other remedies provided by law:
(a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in
which case Seller shall retain title to the real estate free and clear of any oblig-ation or duty.to Buyer and Buyer
shall surrender this Agreement for cancellation;
(b)eject Buyer from said real estate,for which purpose Buyer hereby'authorizes any attorney
of any Court of Record to appear for Buyer and confess judgment against Buyer in an amicable action of ejectment,
with immediate writ for possession of the real estate and for damages,to include attorney's commission of %
or$and costs,hereby waiving stay of execution,exemption and inquisition,with release of all errors;
(c)affirm this agreement by delivery of deed to Buyer,declare all sums due hereunder to be
forthwith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes·
and empowers any attorney of any Court of Record to appear for Buyer and confess judgment against Buyer for
the whole balance diIe,together with interest,attorney's commission of %or $,and costs,'
and hereby agrees tQ immediate execution thereon,waiving stay of execution,exemption and inquisition,with re-
lease.of all errors..:<J
<'
......10.This Agreement shall extend to and,benefit and bjnd,tl:teheirs,executors,admi!1istrators,successors and
assigns of the parties.Whenever used herein,the singular number shall include the plural,the plural the singular
and the use of any gender shall include al~:genders.,.:.~,'.,,:;'c'...••.)•,
NOTICE -THE USE OF ONE OR MORE COAL CLAUSES MAY OR MAY NOT BE REQUIRED BY LAW WITH THISAGREEMENT.i'...'.
.......
WITNESS the due execution hereof the day and year first above written.
WITNESSED BY:
".....,:.
~ff:~£$faiP~
oI..·fhe··..e·sEa:te..··Of·..·Ma·rre·..·R·~..·..S·t~~ra~1?
.:(SEAL)
•,/,)</)1/}·1. .~7.-;.o'..,evt--~/!.{/f 1//1,.,::...--:::-):<:1..~J ?"?.:-'.~j\_?-<.-[..,-/~;;:/..'.'.(SEAL)·Thoma·s....j ..~·....BeTlhy·:..)....;..···....~....:..··.~........
()~--):I_'.'/(r 4::J .
.......,£..:./.{....1'-i.:;..\.,(.::Lt:.:!...::CC':.s./.':..'::Z (SEAL)
/JoaYlneM.Bellhy .rj'-I ,/.,./~<(SEAL)
'.;:r.c
19..7/........,before me/L!dI.U.,.l.?1::...!....:..f£~!4 {...I
/JtflJ~L4---/~~~:~,yO~dk~~~..._..""..._...._.._Iss.
On this,the ./1::t.:day of....:/.1t2{.!-:J::?~f.~,
the undersigned officer,personally appeared
.known to me (or satisfactorily proven)to be the person whose name subscribed to the within instrument,and
acknowledged that ;;{L.-executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
~:~:~yO~:.~~~;~~~~;.;~9~_.._.""_!SS.
.3rd November 71 Karen M.SanfordOnthIS,the :day of ,19 ,.before me,~:,
the undersigned officer,personally appeared THOMAS J.BELLHYand JOANNE M.BBLLHY
..
$
......0
<D ~4-l u.r-!Q
~~'"d.eU1resUl~
'"'l::.,-j ~
rU ..c:bf.l ~
~en
0..·u
>f ..v'"'::r:>f 0....c::H ~.v....H ..c:.~r:q ~l ....
~l f£l ....~~-5.:
to)l '.>.~"0 ~mi ;>....
~'"'~!~uZ'"d >.Oi ~v'"d .D::r:,0 :..V81to)0 :..
U ~v ..c::p:::~.
known to me (or satisfactorily proven)to be the persons whose names subscribed to the within instrument,and
acknowledged that .they executed the same for the purposes therein contained.
In Witness Wheceof,I h",unto set my hand and OffiC,I..'.:li,e.,»C...!l!...,~__
.........................................................i~:~~t~(,~~~:!.Wo~el;.{1~~!~~.y..p.y.~pC
'.•/\,)n ~GTON COUN1V
..•••MY COMMISSION EXPIRES APRIL 14,1978
My .Commission Expires..MeJJJb.er.p.ennz.YJJJanf&A5SfJeflJN'C11'ofNoffiff§§
I
~...
.COMMONWEALTH OF PENNSYLVANIA
.COUNTY OF ;..iSS.
RECORDED on this dayof...A.D.19 _ ,in the Recorder's Office
of the said County,in VoL ,Page .
Given under my hand and the seal of the said office,the date above written.
"-.--...
............................................................................................................,Recorder
"'.~
IN THE COURT OF COMMON PLEAS OF WASHINGT.oN COUNTY,PENNSYLVANIA
ORPHANS'COURT.DIVISION
IN RE:
ESTATE OF:
No.958 of 1971
MARIE .R.STEWART,
An adjudged Incompetent.
NOTICE OF PRIVATE SALE OF INCOMPETENT'S
REAL ESTATE
Notice is hereby.g.iven that William F •.Eagan,.guardian
of the .aboveentitled estate,will on the 22nd day of November,
1971,at 10:00 a.m.,present to the Orphans'Court of Washington
County,his Petitionforle.aveto make privatesale of the real
estate of MarieR.Stewart.Any person wishing to submit bids
may do so in .accordance with the rules of Court.
EX}IIBIT 4
.~ol..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:
ESTATE OF:
No.958 of 1971
MARIE R.STEWART,
An adjudged Incompetent
o R D E R
AND NOW TO WIT:
-~-//J./7 /
This ~day of ~,1971,
it is hereby ordered and decreed that the Petition for Leave to
Make Private Sale of Incompe.tent's Real Estate,shall be presented.'2~.0\/).
on the!...L..----day of £tAp ~1971,at t..<:l/C'7<1 o'clock,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:
ESTATE OF:
MARIE R.STEWART,
An adjudged Incompetent
)
:No.958 of 1971
)
DECREE
AND NOW,·g,_.L./Jr I:;J~on consideration of the
annexed petition,the Court finding the proposed sale is for the
best interests of Marie R.Stewart under the provisions of Section
'.
443 of the Incompetent's Estate Act of 1955;that all parties in
interest have received notice of the presentation of the annexed
petition and that the sale price of premises is better than can
be obtained at public sale;William F.Eagan,guardian of the
Estate of Marie R.Stewart,an Incompetent,upon receipt of the
balance of the purchase price,as provided in the annexed copy
of Agreement of Sale,is authorized and directed to convey premises
of Marie R.Stewart,located at 334 Tyler Avenue,City of Washing-
ton,Washington County,Pennsylvania,Being
ALL that certain lot of ground situate in the Seventh
Ward of the City of Washington,Washington County,Pennsylvania,
known and designated as Lot No.153 in the Clark Place Plan,laid
out by 'the Washington Land Company and of record in Washington
County,in Plan ~ook 2,pages 6 and 7,said Lot No.153 being
bounded and described as follows:
BEGINNING at a point on the Southerly line of Tyler
Avenue,at the Northwest corner of Lot No.152 in said Plan;thencr ,
Southwardly along the westerly line of said Lot No.152,a distancf:
of 109.97 feet to a point in the rear line of Lot No.138 in said i
plan;thence southwestwardly along the rear lines of Lots 138 and j
137 in said plan,a distance of 58.35 feet to a point at the south~
east corner of Lot No.154;thence,northwardly along the eastern
line of Lot No.154,a distance of 123.58 feet to the southerly
line of Tyler Avenue;thence,eastwardly along the southerly line
of Tyler Avenue,a distance of 50 feet to the place of beginning.
To JIIIJPllls:::X Pi.:lA_J-Jy ft.y(JOAtllY1 /4,:6et.-Uij.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:
Estate of·
MARIE R.STEWART
No.958 of 1971 O.C.
BON D
KNOW ALL MEN BY THESE PRESENTS,that I,WILLIAM F.
ana.The Ohio Casualty Insurance Company -
EAGAN,/am held and firmly bound unto the Commonwealth of Penn-
sylvania,in the sum of Thirteen Thousand Dollars ($13,000.00),
lawful money,to be paid said Commonwealth of Pennsylvania,
their certain attorney or assigns;to which payment,well and
truly to be made,I bind myself,my heirs,executors,and
administrators,jointly and severally,firmly by these presents.
Signed and sealed the itif day of ~17'72.-•
WHEREAS,at an Orphans Court hearing,for the County
of Washington,held the 26th day of October,in the year one
thousand nine hundred and seventy-one,the Court ordered that
the said WILLIAM F.EAGAN be appointed Guardian of the Estate of
Marie R.Stewart,an incompetent,under the terms,conditions,
and limitations of the said decree,security to be entered in
the sum of Thirteen Thousand Dollars ($13,000.00),to be approv-
ed by the Court.
NOW,the condition of the above obligation is such,
that if the said William F.Eagan,Guardian of the Estate of
Marie R.Stewart,shall well and truly administer the said in-
competent's estate according to law,this obligation shall be
void,but otherwise,it shall remain in force.
'Sealed and delivered in
the presence of:
..
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
.
ON THIS,the --!i--day of ~
before me,a notary public,the undersi~d officer,
,1912-(
personally
appeared WILLIAM F.EAGAN,known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within BOND and
acknowledged that he executed the same for the purposes ther,ein
contained.
IN WITNESS WHEREOF,I have hereunto set my hand and
official seal.
r.,
CERTIFIED COpy OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
,,,In·~"I
I(lUlW All .tn by ijJ4tst prtStnts:That THE OHIO CASUALTY INSURANCE COMPANY,in pursuance
of authority granted by Article VI,Section 7 ofthe By-Laws of said Company,does hereby nominate,constitute and appoint:
HOME OFFICE,HAMILTON,OHIO
John P.Wege - - - - - - - - - - - - - - - - - - - -of
.;
No.10-211
Washington,Pennsylvania - -
,,
';
its true and lawful agent and attorney -in-fact,to make,execute,seal and deliver for and on its behalf as surety,and as
its act and deed any and all BONDS,UNDERTAKINGS,and RECOGNIZANCES,not exceeding in any single instance
ONE HUNDRED THOUSAND - - - - - - - - - - - - - - - - - - -($100,000.00 --)Dollara.
Excluding,however,any bom.guaranteeing the payment of notes and interest thereon.
And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,
as fully and amply,to all intents and purposes,as if they had been duly 'executed and acknowledged by the regularly
elected officers oJ the Company at its office in.Hamilton,Ohio,in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
In WITNESS WHEREOF,the undersigned,Vice-President of the said The Ohio Casualty
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
•said The Ohio Casualty Insurance Company this 11th day.of October J9 68.
STATE OF OHIO,
COUNTY OF BUTLER SS.
(Signed)J.Earl Rochester
Vice-President
On this 11th day of October A.D.J9 .68 before
the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified,cameJ.Earl Rochester ,Vice-President of THE OHIO CASUALTY INSURANCE COMPANY,to me
personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknow-
ledged the execution of the same,and being by me duly sworn deposeth and saith,that he is the officer of the Company
aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official
Seal at the City of Hamilton,State of Ohio,the day and year first sbove written.
Notary Public in and for County of Butler,State of Ohio
My Commission expires·p..~.~~p.~;J;'9..t ;:h9.7.~~.
STATE OF OHIO,
COUNTY OF BUTLER ~5S.
(Signed)Dorothy Bibee
I,the undersigned,Assistant 3ecretary of THE OHIO CASUALTY INSURANCE COMPANY,do hereby
certify that I have compared the foregoing copy of the Power of Attorney with the original thereof,and that the same is
a correct and true copy of the whole of said original Power of Attorney,and I do hereby further certify that said Power of
Attorney is still in force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand this 18tb day of January ,A.D.•1972
Form S-4300-T Assistant Secretary
1971
'F
Lot
.scrib
BEG '.a .pOint on theISouthe'rly yler Avenue.attheNorthwr.of Lot No.152!
.in saidJ;>1 ce,Southwardly;alon!f the W,-·'line.of said Lot
No.152,a di ,e'of 109.97 feet·to
a poi!)t in the'.:ar line of Lot No.
138 "in said 'plllri:thence'SQuth·
westwardly along the rear lines ofLots138and131insai:!plan,a
distance of 58.35 feet to a point at
the southeast corner of Lot No.154;thence,northwardly alond,the east·
ern line of Lot No.1M,a.distance,of 123.58 feet to the southerly line
of Tyler Avenue;thence.eastwardly"
along the southerly line·of·Tyler
Avenue,a distance of 50 feet to the
place of beginning.,.','to Thomas J.Bellhy arid (Joanne
M.Bellhy,his wife,for the sum of
$15.000.00.'..
Subject to confirmation by theOrphans'Court on Monday,Decem·,
bel'13,1971,at 10 :00 a.m.at which'time any person .w·ishing to submit.
a highe:r bid may.do so in accord·ance WIth the rules of Court.
WILLIAJYlf;F.'EAGAN,,.it>;GuardiaiV:'
I FraiJ~~A·.tqoJ1Ll!!.:AttorQey~,fatl'[;m,w ;IW'Ui!¥.n.gtpn~ust BuildingWasnmgton,Ji'ennsylvania
I . ,".'",'."71285-Fi'i'-olt
--=---..'.'-.'-,~".~:i~.....i.,II;"~,"THE C.OURT OF COM¥'ON"'PJJl!:AS OF WASIDNGTONCOUJIJ.!
'·TY.PENNSYLVANIA ORPHANS~
COURT DlVISION"NO;958 of 1971 .~IN;JtE:ESTATE ,OF MARIE R.,S 'ART,An 'adjudged Incompet·
~'"OTICE OF PRIVATE SALEl)TICE is hereby given that the
'nliersigned proposes to sell at pri·'vate sale the following described
property:'.:.ALL that cer,tain'lot of ground
situate in theS nth,Ward of the
,'Qity ,of Was on,Washington,.ty..J;'en riia.,'known and
atcd as 'No..•153 in the!.,ace ,lilid out by the
n'ompany and of
'gton County,in!es6 and 7,said!
bounded and de·
/97/,
Observer .Reporter
WASHINGTON,PENNSYLVANIA
PROOF OF PUBLICATION
Sworn to and subscribed before me this....4.....day oLD.ec.embe.r..~~.q ...711..~~'.
~MARGARET M.BRADLEY,NOTARVcfZBlIC
WASHINGTON,WASHINGTON COUNTY
MY COMMISSION EXPIRES MAY 6,1972
In compliance with the Newspaper Advertising Act of 16 May,1929,
P.L.1784,as amended.
Commonwealth of Pennsylvania,County of Washington,SS:.
,Personally appeared before me,a Notary Public in and for said County
and State,Ric.h.ard S .cowan ,who being duly sworn
according to law,deposes and says that he is the .Y.ic.e.~Pr.e.sid.ent
of the Observer Publishing Company,a Pennsylvania corporation,and its
agent in this behalf;that the said Com.pany is,the'owner and publisher of
the Observer-Reporter,succ'essor to The Washjngton Observer,established
September 18,1871,and The Washington Reporter,established Augu.st 15.
1808,a daily news,paper of general circulation,printed and published and
having its place ofbusines's at Washington,Washington County,Pennsyl·
vania,where it'or'its predeces,sors have bee):!established and published
Conitinuous'ly for more than six months prior to the publication of the notice
hereto attached;that the printed notice or advertisement hereto attached·
is a copy of an official advertisement,official notice;legal notice or legal
advertisement,exactly as printed or publisl).ed in th~Obs1erver-Reporter in
its regular editions on the following date or dates;..
......................................................D.ec.ember 4..,1.9.7.1.:..
thll:t neither th'e affiant nor the Observer Publishing Company is interested
in the subject matter of said notice or advertising and that all of the allega-
tions of this affidavit as to the time,plac~a)d character of ~~blication
are true.ItA;;;;j c:......~~t,.tA......,.c:l<~:~.
I"
Wasbington County Reports
Washington,Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with tlhe Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.S,paragraphs (S)and (25).
COUNTY OF WASHINGTON}SS.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the officilll1 legal periodical for said Washington County,published weekly
having its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March SI,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
........~.~.~~.~~~.:.??~.?..?.!.
............................................................................................................
that the affiant or the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the
allegations of this affidavit as to the /),ce~d ~aracterof the publication
".tro..._~r!l.__~
~--=:=__/Editor
Sworn to and subscribed before ~~
......9..1h day Of P..~.~.~;J?5J..u ,19 .?.!~
if"-.&-,2~
JOSEPHINE T.SCIAMANNA
Notary Public,Washington,Washington Co.
My Commission Expires July I,1974
IN THE COURT OF COMMON PLEASOFWASHINGTONCOUNTY.PENN-
8YLVANIA
ORPHAN'S COURT DIVISION
~NO.958 oCI1J71
IN RE:ESTATE OF MARIE R.
STEWART,An adjudged Incompetent
NOTICE OF PRIVATE SALE
NOTICE IS hereby given that theundersignedproposestosellatprivate
saJe the following described property:
ALL that certain lot of ground situ-ate in the Seventh Ward of the City
of Washington.Washington County.Pennsylvania.known and designated as
Lot No.153 in the Clark Place Plan,
laid out by the Washington Land Com-pany and of record in Washington
County.in Plan Book 2,pages 6 and 7.said Lot No.153 being bounded and
described as foLlows:
BEGINNING at a point on the South-erly line of Tyler Avenue,at the North-
west corner of Lot No.152 in saidPlan;thence,Southwardly along the
Westerly line of said Lot No.152,a
distance of 109.97 feet to a point in therearlineofLotNo.138 in said plan;
thence southwestwardly along the rearlinesofLots138and137insaidplan,
a distance of 58.35 feet to a point at thesoutheastcornerofLotNo.154;thenee
northwardly along the eastern line of
Lot No.154,a distance of 123.58 feettothesoutherlylineofTylerAvenue;
thenee.eastwardly along the souther-lylineofTylerAvenue.a distance of 50
feet to the place of beginning.to Thomas J.Bellhy and Joanne M.
Bellhy,his wife,for the sum of$15.000.00
Subject to confirmation by the
Orphans'Court on Monday,December13.1971,at 10:00 a.m.at which time
any person wishing to submit a higherbidmaydosoinaccordancewiththe
rules of Court.
WILLIAM F.EAGANGuardian
Frank A.ConteAttorneyat.Law
Washington Trust BuildingWash.ington,Pennsylvania
6)15-1