HomeMy WebLinkAboutOC1971-1156 - ESTATE OF MILLER,
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
10.3-7/-JL~t,
In re:
Estate of LUCIAN MILLER
RUSSELL MARINO,Register
of Wills
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Fred J.Sentner
Attorney At Law
950 So.Central Ave.
Canonsburg,Pa.15317
Ph.746-2001
P.0.Naly Co.,425 Fourth Avenue,Pittsburgh,Pa.15219
to •,........
IN niE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
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In re Estate of LUCIAN MILLER,deceased )
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To the Hon.Russell Marino,Register of Wills of Washington County:
This is to request that you do not probate any alleged will
or codicil of LUCIAN MILLER,deceased;grant no letters test-
amentary or letters of administration upon the estate of said
deceased without notice to the undersigned,
~,
Fred J.entner
Attorney for Alberta Williams,
daughter of said deceased
A copy of a POWER OF ATTORNEY executed by Alberta Williams
is attached hereto.
.
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.lOWRR OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS"That I,
ALBERTA MILLER WILLIAMS ,of 137 Millen Street,
.31401'\Savannah,Georgl,a •have made,constituted and appointed,and
by these presents do make,consti1.ute and appoint Fred J.Sentner,Canonsburg,Pa.15317
.ESquire 0",950 So.Cen1tr al Ave.".rq true and lawful
attorney,for me and in my nama'andon behal.f'generally to do and per-
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form all mat\ers and :things".transact allvbusiness,make,execute and...
acknowledge all contractsl orders..deeds,checks,writings,assurances
and instruments,and also to execute"endorse and cash my'social secur-
ity and insuranoe checks,which may be requisite or proper to effectuate
a:rr:r matter or thing apperta1rling or belonging t(')me"with the same pow-
ers"and to all intents and purposes wi'tlh the same validity as I could,
if personaJ.1.y present;hereby ratifying and confirming whatsoever my'
said attorney shall and may do"by virtue hereof.
IN WITNESS 'WHEREOF"I have hereunto set rrry hand
.r£-and seaJ.this /;/-!laY of E<I}·'c (~c,v ,19.2..s...
Signed,sealed,and delivered
in the presenoe of:
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_______(SEAL)
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Sworn to and subscribed before me
...this/Z~ay of~k ~197cZ -.,......"-'"...
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RE:
LUCIAN MILLER,
DECEASED
NO.63-71-1156
CERTIFICATION OF RECORD TO ORPHAN'S COURT ON
APPEAL FROM DECREE OF REGISTER ADMITTING TO PROBATE
OF A CERTAIN PAPER WRITING.
WHEREAS,there has been offered for probate before me papers
purporting to be the Last Will and Testament of LUCIAN MILLER,
late of North Strabane Township,Washington County,Pennsylvania,
deceased,and the same was duly admitted to probate;and,
WHEREAS,an Appeal from the probate of said Will has been
filed with me and required security entered:
NOW ,THEREFORE
By virtue of the provision of the Acts of Assembly in such cases
made and provided in the Register of Wills Act of 1951,I do
hereby certify the entire record pertaining to the matter afore-
said to the Orphans'Court of Washington County.
WITNESS my hand and the seal of said Office this 22nd.day of
March,A.D.1972.
usse Marino
Regis er of Wills of Washington
County ,Pennsylvania.
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Estate ofl-:LLl..Qta.n ..rv1:t..+.:L.EJI'}
N th St b m No .late of ..().r.r:'.tll3:!,1~lW.P~...,Deceased
APPEAL BOND
....of 19.......
KNOW ALL MEN BY THESE PRESENTS,
That we,.J:i'~EJCi...J..!:$.e.n:t.13,~.r.....~.~...:1;".r.:1..P.~.~.p.~1...~n.0 1!Il~.~e.0 ?~t=l..t.~.f3 ~:~?e\i.~."!.~.~.(~.
........C7.LlEt.r..f:t!1.~Y..q()i3a.~.~i.09.~~"'~J1.?~~~:r'~.~.Y....
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of :F.t.~~P:Ll.nq..r..e..d;Dollars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated the E:3~~...day of
.........~~~.r..c.J::1 A.D.,one thousand nine hundred and ~(3Ye.!1.t.trw'p'.
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden ..
...............................F..r.~.?...J..~...:~~.~.~.~.~.~.L.A.~.~.().r..n..~.:r ..~.r::...!~.?~.~....!,,():r'....~}1J.~.~.~~~I~.~.~.~.r..Wi 11 iams
Jroimi».i:&tfiti»:-.or any of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.
Sealed and delivered in the presence of:
@>tatttttrut of ~urdl1
I,----------------------------------------------------------------------------------------•surety in the sum of $on the
administration bond in the estate of ------------------------------------------------•say that I reside at
----------------------------------------------------------,Washington County.Pennsylvania;that I am the owner of real estate.the
title to which is in my own name and duly recorded,situated in .._____ __ ____.____ __ ____.__ ____.__•
Washington County,Pennsylvania.worth above all encumbrances $---;and that I am worth the
amount expressed in said bond.over and above my just debts and liabilities.
.----------------------------------------------------------------------------------------Street
i'tatrttttut of ~urdl1
P.O.
I,-----------------------------------------------.--------------------------------------------..,surety in the sum of $....on the
administration bond in the estate of ....-----------------------.'------------..------------------------..-........_.say that I reside at
----..------------~--------------------------------..---....---------------..---------.Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in ____ _ ,
Washington County.Pennsylvania,worth above all encumbrances $----..------..;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
................................................................................................................
._------------------------------------------------------------------------------------
COMMONWEALTH OF PENNSYLVANIA,}
~S·WASHINGTON COUNTY."".
Street P.O.
And now __...19.............comes __ _ _ _ .
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and that the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before me this ..
day of ....A.D.19 __.__..------------------...-..------_.----------------------------------.._------------_.._-----------.
i,,3-7/-/IS-(,.
No .
Appeal
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IN THE ESTATE OF
IJucian Miller
And now ~~.~.?~~~.~,19.I?.
AP~~~::"oJ~:;;:;=~
Register
o.c.1I~Book ...1.25.................Page 37J.....
BADZIK PRINTING ~9 DONORA
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
Estate of LUCIAN MILLER,
Deceased
NOTICE OF ®PPEAL
Fred J.Sentner,Esn
950 S.Central 'Ave.
Canonsburg,Penna.
P.0.Naly Co.,425 Fourth Avenue,Pittsburgh,Pal 15219
T:X~-:-3,7/
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NOTICE OF APPEAL
Estate of LUCIAN MILLER,deceased,
To the Hon.Russell Marino,Register of Wills of Washington County:
Alberta Miller Williams,by her attorney,Fred J.Sentne ,
;,hereby appeals to the Orphans'Court of said County from the
J .--'.•t :("'".':'..
decision of the Register c)fWills;'ln'the above ....estate,admitting.,-~...--
to probate a certain paper writing,dated February 8,1971,as
the last will and test~ment ot s~id·d~ced~nt and from the granting
of letters C T A thereon.
•,,
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The undersigned deposes and says that the aforementioned
appeal is not intended for delay.
Power of Attorney attached hereto.
AND NOW,Security in the above appeal is fixed in the
sum of $500.00.~~\~»:i~
Register of Wills.
•
~~\IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
•
Estate of LUCIAN MILLER,
Deceased
No.63-71-1156
•I
PETITION FOR CITATION
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P.0.Naly Co.,425 Fourth Avenue,Pittsb rg ,Pa.15219
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNSYLVANIA
ORPHANS'COURT DIVISION
Estate of LUCIAN MILLER.Deceased
No.63-71-1156
PETITION Foa,CITATION
TO THE HONORABLE.THE JUDGES OF THE SAID COURT,L
The petition of Alberta Miller Williams respectfully repre-
sents:
1.That LUCIAN MILLER died on October •~971.a resident
of Washington County.leaving to survive him as the persons en-
titled to his est.'.'*'_t the intestate laws:Alberta M.Williams
daughter of the de~$.~t A~I4a ~.Hunter.grandaughter of the
decedent.
2.That you!'~'lt1_.J'1$$-party in interest in the estate
of the decedent ••nJ;l~l_.',4MQpter to a one-half <i>interest
under the intestate ".••,
3.That a C.l"!tltlll _.itus .lleg(l:d to be the last will and
estament of 8a14 4•••:tt.ttt end P~1"~o~ting to have been executed
8•.1911 ••••"'ltted to probate on January 18.1972.
nd letters C T Atb.~.~n..,.I'.~td to Menther Lee Martin.
4.That on M.rcb.3.~91~.'ou~petitioner filed her appeal
the decree ot the Reg1st.,an4 duly entered the security
equired by the Act ot A8S$JIl1>ly;and the record of proceedings
the Register has been duly certified to your Honorable
ourt.
5.lour petitioner avers and expects.to be able to prove
at the date of the execution ot said writing.the physical and
ental condition of the decedent were greatly impaired by sickness
nd infimlty.and that he was ·not a person of sound mind,-capable
disposing by will of h1.s esJ;ate.
6.Your petitioner aver$and expects to be able to prove
at the date of execution or said writing,when the physical
nd mental condition of the decedent were greatly impaired by
ickness and infirmity.said writing was procured by undue
influence,duress and constraint practiced upon the said decedent
by Menther Lee Martin,named in said writing as sole beneficiary
and by other persons whom your petitioner is at the present time
unable to name.
7.Your petitioner avers and expects to be able to prove
that execution of the said writing was procured by fraud practiced
'upon the said decedent by Menther Lee Martin,who was in a con-
fidential relationship with the decedent,in that well knowing
the decedent's physical and mental infirmities and of his depen-
dence on her,she failed to advise him of the nature and contents
of the said writing which he,the decedent,allegedly signed,with
the result that she,Menther Lee Martin,was named as sole
beneficiary of the decedent's entire estate,rather than having
it pass to the natural objects of the decedent's bounty.
WHEREFORE,petitioner prays your Honorable Court to award
a citation directed to all parties interested in the decedent's
estate as heirs,relations or next of kin,devisees,legatees,or
administrators,to wit::Ida Mae Hunter,1476 Chicago Street,
Pittsburgh.Pennsylvania 15214,and Menther Lee Martin,728 Anahei
Street.Pittsburgh,Pennsylvania 15219.to show cause Why th~
said appeal should not be sustained and the decree of the Register
set aside and an issue directed to try by a jury the folloWing
questions of fact:
(l)Whether or not at the time of execution of said writing
the decedent was a person of sound mind;
(2).Whether or not the said writing was procured by undue
influence.duress and constraint practiced upon the said decedent
by Menther Lee Martin and others;
(3)Whether or not the said wrtting was procured by fraud
and deceit practiced upon the said decedent by Menther Lee Marti~
and others.
Respectfully submitted
ATTO EY R PETITIONER
IN RE:
ESTATE OF
LUCIAN MILLER ,.
DECEASED.
'.
3Jn m4e C!tourl of C!tommon 'lta.a of lIa.a4ington C!toumy.'enn.ayluania
(@rpl1Ult1i'Q!nurt 1.Ritlininu
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))~Qt ttuttuu ~NO.63-71-1156
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<!tnmmnumtultij nf Jtuunyluuuiu \nn:Q!nuuty nf munijittgtnu -
To:IDA MAE HUNTER and MENTHER LEE MARTIN
Sur Petition of:_~A~L~B....,ER~T"-=A.o-..l~.....II~L"",L",,,E,,",-JR~1tl,-=I"",L=L~I:..:..A,.".M-=S
(l)r.e.etiug:.
mt Q!nmmuttb Inu,IDA.MAE HUNTER and MENTHER LEE MARTIN
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-
t..\pled.~answer,under oath,to each and every of the averments of the said
petition,·on or before__M~Qnu.du..a<::LY*-__'the ]7tbday of__~AG.p~r.l..:..ol..i~.I.·~_
19--12-,at 10:00
,
Alberta M.Williams from the decree of the Register of Wills admitting
to probate a certain writing dated February 8,1971,as the last
will and testament of Lucian Miller should not be sustained;the
decree set aside,and an issue directed to try by a jury the
following questions of fact:
(1)Whether or not at the time of execution of said writing
the decedent was a person of sound mind;
(2)Whether or not the said writing was procured by undue
influence,duress and constraint practiced upon said decedent
by Menther Lee Martin a nd others;
(3)Whether or not the said writing was procured by fraud
and deceit'practiced upon t he said decedent by Menther Lee Martin
and others.
-'-'~-,~~.-&z~?~~-.:o'
Clerk of the Orphans'Court
FRED J.SENTNER,.Es~'--=-...:.....:::-~-~-'--~~---,.---rr:=:::-:J::'•AAttorneyforPetitioner.950 S.Centra ve.,canonsburg,Pa.,15317
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(Seal)"
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Estate of LUCIAN MILLER,Deceased
No.63-71-1156
AND NOW,';/~"'"=t-;;;;",.
petition,a
DECREE
1972,upon consideration of the annexed
directed to Ida Mae Hunter and
Menther Lee Martin to show cause Why the appeal of Alberta M.
Williams from the decree of the Register of Wills admitting to
probate a certain writing dated February 8,1971,as the last
will and testament of Lucian Miller should not be sustained,the
decree set aside,and an issue directed to try by a jury the
following questions of fact:
(1)Whether or not at the time of execution of said writing
the decedent was a person of sound mind;
(2)Whether or not the said writing was procured by undue
influence,duress and constraint practiced upon said decedent
by Menther Lee,Martin and others;
(3)Whether or not the said writing was procured by fraud
and deceit practiced upon the said decedent by Menther Lee Martin
and others.
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IN THE COURT OF COMMON PLEAS
F WASHINGTON COUNTY,PENNA.
O.63-71-1156
N RE:ESTATE OF LUCIAN MILLE~,
Deceased •.
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ANSWER TO PETITION FOR
CITATION
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HORMELL.TEMPEST.SIMMONS
BIGI &MELENYZER
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ATTORNEYS AT LAW
SECOND 8:CHESS STREETS
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF LUCIAN MILLER,
Deceased.
No.63-71-1156
ANSWER TO PETITION FOR CITATION
1.As to Paragarph 1 it is admitted that Lucian Miller
is now deceased and was a resident of Washington County,Pennsyl-
vania,but it is neither admitted nor denied that Alberta M.Willi ms
and Ida Mae Hunter are the persons entitled to the Estate under
the intestate laws of the Commonwealth of Pennsylvania.
2.As to Paragraph 2 it is denied that Alberta M.
Williams is a party in interest in the estate of the decedent
and on the contrary it is averred that she has no interest at all
in the decedent's estate.
3.Paragraph 3 is admitted.
4.Paragraph 4 is admitted.
5.As to Paragraph 5 it is denied that at the time of
the execution of the decedent's will that his physical and mental
condition were greatly impaired by sickness and infirmity and
further it is denied that the decedent was not a person of sound
mind,capable of disposing by will of his estate and on the
contrary it is averred that the decedent was in fact a person with
sound mind and fully knew the objects of his bounty.
6.As to Paragraph 6 it is denied that the physical and
mental condition of the decedent were greatly impaired by sickness
and infirmity and further it is denied that the will in question
was obtained for procured by undue influence,duress and constrain
practiced upon the decedent by Menther Lee Martin and further it i
•
denied that the testator-decedent was influenced by any person
whatsoever,and on the contrary it is averred that the testator
decedent was at all relevant times ffientally capable of executing
a Will.
7.As to Paragraph 7 it is denied that the said writing
or Will was procured by any fraud practiced on the decedent by
Menther Lee Martin and further it is denied that Menther Lee
Martin was not a confidential relationship with the decedent and
further it is denied that the decedent was physically or mentally
infirmed and depended upon Menther Lee Martin and further it is
denied that Menther Lee Martin failed to advise the decedent of
the nature and contents of the Will and on the contrary it is
averred that the decedent willingly signed said Will for the reaso
that he wanted all of his property to be devised and bequeathed
to Menther Lee Martin,who in fact was a natural object of the
decedent's bounty and in that the decedent helped to rear the
said Menther Lee Martin for the first seventeen years of her life.
WHEREFORE,the Honorable Court is requested to dismiss
the Petition of Alberta Miller Williams at her own cost.
Respectfully submitted,
HORMELL,TEMPEST,SIMMONS,
BIGI &MELENYZER
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COMMONWEALTH OF P£NN8YLVANIA )
)S8:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally
appeared MENTHER LEE M~RTIN ,--------------------------
who,being duly sworn according to law,deposES and ~ays that
the facts set forth in the foregoing AnSi'ler to Petition for
Citation
believe
~.~~~#
Menther Lee ~n .
SWORN to and subscribed
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
No.63-71-1156
IN RE:
ESTATE OF LUCIAN MILLER,
Deceased.
AFFIDAVIT OF SERVICE
AFFIDAVIT
TO JOIN AS A PE~~TIONER
..,
~
Fred J.Sentner
Attorney at Law
950 So.Central Ave.
Canonsburg,Pa.15317
Ph.746-2001
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<--P.0.Na1y Co.,425 Fourth Avenue,Pittsburgh,Pa.15219
/:;;'6-3 7;)-373
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF LUCIAN MILLER,
Deceased.
)
)
)
No.63-71-1156
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)SS.
COUNTY OF )
Before me,the undersigned authority,personally
,who,being duly sworn
according to law,deposes and says that he is an adult
individual residing at
and that he did serve a true copy of the PETITION FOR
,
.'.'
CITATION and the CITATION IN RE:Estate of LUCIAN MILLER,
Deceased,No.63-71-1156,on MENTHER LEE MARTIN,at
728 Anaheim St.PittsburghAllegheny County,Pennsylvania,
on A,AIt.3 1972,at or about7:/~o'clock,P.M.,·
Sworn to and subscribed before me
this ..,day of ",11,/1.,,1972.
_.......Il.~~J,.-~~OTARY PUBLIC
John Chandler Justice of the Peace
DISTRICT NO.05 - 3...11
MY COMMISSION EXPIRES
FIRST MONDAY IN JANUARY 1976
1
•
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA)SS.COUNTY OF )
Before me,the undersigned authority,personna11y appeared
IDA MAE HUNTER,who being duly sworn according to law,deposes
and says th9 t she joins with ALBERTA M.WILLIAMS as petitioner
in the matter of the ESTATE of LUCIAN MIL~ER,deceased,No.63-
71-1156 ,and further deposes and says that the facts set forth
in the foregoing PETITION FOR CITATION are true and correct to
the best of her personal knowledge,information and belief.
Sworn to the subscribed before,
me this 8t~day of April
FORM NALY No.112-S WILL For Bale by P.O.Na~CO~L:\:ZL;Llr£L
425 Fourth Avenue,PlttBbur6h,Pa.15219 J
iGant Ifill nnIt Wrntttlurnt·
I,Lucian Miller
of Eighty-four
and State of Pa.
,County 0/Washington
being of 800nd mind and memory,do hereby make,
publi8h and declare thi8 to be my La8t Will and Te8tament,in manner and form following,hereby
revoking any will or wi1Z3 heret%re made by me.
Fir8t.1 direct that an my jU8t debt8 and funeral expeme8 be fully paid and 8ati8jied,as 800ft
as conveniently may be,after my decease.
Second,I direct that the property that I own in North Strabfl,n.-:::T.ownship,
Washington County,Pennsylvania pass to rrry daughter,Menther Lee Ha.rtin •
.'
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1 do hereby make,constitute and appoint
Lucian Miller
to be my execut or of th~,my La3t Will and Te8tamenr
In Witness Wbeteof,1,Lucian Miller
above named,have hereunto subscribed my name and affixed my seal,the 8
the Testat
day 01 Feb.
Seventy one.
in the year 01 our Lord O1le thousand nine hundred and
q~..c.--~IrJ:i.t/1lif0-._----_..~
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Signed,sealed,published and declared by the above named
Lucian Miller ,as and lor his
in the presence of us,who have hereunto subscribed our names at his
Last Win and Te8tament
request as witne8se8
thereunto,in the preseru;e of said testat !
IVl ((S,It L L·le R if:-S I N/PS ,q}tJ
f(eVt K0 .J3 ()R'{w·.;t/l/f-It (J'rJ
,and 01 each pther.
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•FORM 67
REV.1-50
REG.WILLS
1\ppliratinn fnr iGttttrn nf 1\bminintratinn nn tl1t
j
Estate of ~UG.I~MJ:.~~R :.
late of NQ.b:.th S.t..b:.9,};?gD,!?T.w:P..!\,Deceased.
Before the Register of Wills of Washington County
personally appeared !:!'!J.9...t.QD.p..~.~.~~.
who,being duly sworn deposes and says that....L.UC.IAN MI.LLER .
age 88 ,having hi.~last family or principal residence at..R D #..l..
(Street and Number)
.Eighty.::::fo.ur ,Washington County,Pennsylvania,died intestate
(City.Borough.Township)
at..Wa.s.hing.tQ.n...HQ.~.p.i.ta..l./.l?a..,on the l.Q.day of Q.l:;;.t.Q.P..§b:..
A.D.,19 1.1 ,at...:-=:M.,possessed of personal estate to the estimated value
$~P.:~9..~,and of real estate in the Commonwealth of Pennsylvania to the estimated value of
$unknQ.wn ,situ~te in NQ.t:.th S.t..t:.~P..~D,!?T.w:P..I Wg.§.h.i.D,g.t.Q.p.G.Q:gnt.y.l ..
..l?~.P.IU;?.Y.;J"Y..gn.;!,.~..
The names and addresses of the decedent's surviving spouse (if any)and other heirs (including-heirs by adoption)are as follows.
UELATIONSHIP UESIDENCE
..~.~..~!.\~?~.~.!:~~~.~.~.~.~~.~p..~~~~.!:~.~+..~.?~~J.;h.~~.$..t.;:.~.~.t...
.......................................................................................................s.av..aonab."Ge.Qrgi.a 3.140.Q .
........................................................................................................
..j;.9..~:M-.~~JND.t.~f Gf.?!I:9.g.~Y.-.91 .t..e.~J,4.7..Q.C.b..ig~g.Q S.t.~.!?.e..t..
.........................................................................................................................................;NQ.;J;::.t.h Y.;!,.!?W ,ij~.;i.,.ght,.~·.
..............................................................................................................................................l?..t.t..t.~p.:gt:.gh.l..;J,,4.~.....~.e.D.P..~yJ,..y.g.p..i.g.
........................................................................................................
That deponent is over 21 years of age,resides at....%~.?N.o.r.th Cen.tr.al Av.en:ue.#..
..G.9.:p.9..p..§Q~.:r.g..I ~.~D.p..§.y.;b.Y.g.p..i.g ;b.~.~.;b.1 ..
is a citizen of the United States and a resident of Pennsylvania,and respectfully applies for Letters of
Administration upon the Estate of said decedent,no letters having been previously issued thereon.
Sworn and subscribed before me this ?.~..
day of.....Q.l:;;.t.Q.P..~;t;",A.D.,19 1..J....
....................~--C....~.........
REGISTER
COMMONWEALTH OF PENNSYLVANIA }
WASHINGTON COUNTY,SS:
And now 9.g.t,.QQ§.:r.?~,19..:?J ,comes J:'~9J9.~P.~.~.~.~..
who being duly sworn doth depose and say that hg will well and truly administer the goods and
chattels,rights and credits of ~P.GJN;'l.Ml~~R ,deceased,
to the best of.h..t.!?......skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating-to inheritance taxes.
\~'.
Sworn and subscribed before me this ~.~.
day of.....Q9..t.9..P..~f ; ,A.D.,19 ?.~.
.......................~..~.
REGISTER
.~~Ll!i2~.
l
'f /lf5LJ
~~C:-5-7/-//~
...'-
I'
APPLICATION FOR
Letters of Administration
,I -;
ESTATE OF ;.·f
_I
...............X:!p.G.;J;~MI.M.~R .
Deceased -,
R $~.
Letters ..
P $.......9...1...(/..:~..
~xtra Alias . . . . . . . .$.
Certificates $..I.~..()(!....
Renunciations $£..Q..Q ..
.....-0
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-''!"O'_J LPe'P-.-:.-"""T1 ..;..-
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LJ,o:>(f)
...................G.e..ar..ge M.o.dr.ak ..
.Attorney
-::~--r:............................:.:.:.::::J =_$.
~rn ...-Il..J .-."-......·..........·........·:'"~~..~..·8......·..·....§·....·::...·:··:....::·........·...
.c._._._.~~.-
";.;)I---'-'~/J -M'L,"J /J A........,~.,I l.i '"CJ;.--.:..;..__"'•••u •••~.
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"
~
.-'Form 23.Register of Wills.
i!{rnunriatinn
_________L_U_C_I_A_N_M_I_L_L_E_R Deceased.
It
The'undersigned MRS.ALBERTA WILLIAMS
(Parties entitled to Letters)
hereby renounce__--"h....,e=r=---right to administer on said estate and respectfully request that
Letters of Adminis tra.tion
be issued to Mr.Lucion Deese
Witness
~~~~
ALBERTA WILLIAMS
\.
.Vd ..0()rH)1.~_':~IHSV;'.\
Slllf,\:!')'jj LSI~)j;J
eN P.\'.',,I ~:.~ntj
•...-,"j I t\.I ..-.;'I
...~~t
it
LET.ADM.JillVOKED JANUARY 18,1972
>
----.....::..::...:.-..:.--_--Qt/i?7nmmnuwraltij nf Jruusyluauta
1IlIhtn4iugtnu Cltnuutg.nn:
I,R.lJ..a.a.e.l.l lYJa.r..lnD Register for the probate of Wills,
and granting letters of administration within and for said County and State,do hereby oertify that the records
of my office show:
That..~~.9..~.~.~~.~J.±.~.r...,.
of..B.9..r..t.h ;~t.r.~.Qg.n.~r..Q:w.n.§hj,.P.,in said County,died on the ~.~.~~.<Iay of...~~.~.~.?.~E .
A.D.19 7.1 and that ~~.~.~.9.;?:P..~..~..~.~..
................................................................................................on the J7...t9.-.~day of ~g.y..~.m.1?.~.r.A.D.19 7.1 w.~.lL..
duly and legally appointed Administrator of all and singular the goods and chattels,rights and credits
of ~.~.~.~.~~~~.~.~.;~.~..
late of.~9E.~.~....~~.!.:~.~~D.~~.~~.~.~9:~.P.deceased.I hereby certify that the above appointment is in full
force and effect at this date.
IN TESTIMONY WHEREOF,I have hereunto set
my hand and affixed my official seal at Washington,
Pennsylvania,this}.?.~.9.-.~day of...~.9..!~~~.~E..
A.D.:.~.~.~~:~~/1~._.
Register
LET.ADM.REVOKED JANUARY 18,1972.
~--~----.......,.
Q!nmmnumraltq nf Jruunylnauia,t nn.
:IIa:nfJington <!1ountg.\
I,Russell Marino ,Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington,in the Commonwealth of Pennsylvania,
to Lucian Dee se
administra tor
credits,which were of Lucian Miller
WHEREAS,the said Lucian Miller
of all and singular the goods and chattels,rights,and
late of Washington County,deceased,
GREETING:
late of
North Strabane Township in the county aforesaid,lately died intestaJte
(as is affirmed),possessed of divers goods and chattels,rights and credits,within the said County,
Russell Marino
by reason whereof the power of granting administration thereof doth belong to me;I therefore,confiding
in your fidelity,do by ,these presents grant unto you these LETTERS OF ADMINISTRATION,here-
by committing unto you full power to administer the goods and chattels,rights and credits,which were
of said deceased within this Commonwealth,you having taken ,and subscribed the oath of office pre-
scribed by law;requiring you to well and truly administer the goods and chattels,rights and credits,
which were of said deceased,and to exhibit a true and perfect inventory thereof into the Register's
office,at Washington,within ninety days,and to render a just 'and true account of your administration
at ,the expiration Df six months from the date hereof,and to regard and comply with the provisions of
the laws relating to inheritance taxes.
IN TESTIMONY WHEREOF,I have hereunto set my hand and
caused the seal of said Office to be affixed this ~7 t h.
day of November in the year of our Lord one thousand
nine hundred and Seventy One
.....................................................................~~
RUSSELL MARINO,Register.
LET.ADM.REVOKED JANUARY 18,1972
~
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6 I-'-CFJ >-......."'"3.......>t:Y"(J),N ~"'"3 aM....
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ORIGINAL BOND GIVEN TO BUCKLEY AGENCY FOR REFUND.LET.ADM.REVOKED JANUARY
18,1972.
J
latc of
Estate of Ltlc.i.Cl...Ii'I:iJ:ier...)
F ort~1~tr2 b~?e"'~\~;'~'''''':,'''~~~e'as~~JNu...,of 19........
KNOW ALL MEN BY THESE PRESENTS,
That we,..lJ\lci o.!l ..p.~.e..~e..!3:.~....~.!.'.~.~..c:.~?~~....~I1d..United Sta ~~~.'.~'ide]i ty a ~~.........
•-r.'('t:.....?l:lf.l ~·:~lFi.~.y...q()~~a..~~.~.rrt().~.e..?11~1?~'.~.:~.e.~,Y.., ,.
all of \'Vashington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
. f h f h .'rd'h·.h·f One Thousand Ivama,or t e usc 0 t ose mte.este m t c estate,m t e sum 0 ~Dol ars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for 'and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated the?9.~.h..day of
..........Q.~.~.Q9.~.r.A.D.,one thousand mne hundred and Se.v.en.ty ..Cne .
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden .............
Lucian Lee'se...............
Administrator or any-of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.4.$c,I,•...•div"'.in th,ff''''''''of,
----~t~·l-~---
f\_,
I,------------------------------------------------------------------------.---.--__. .._.._.,surety in the sum of $.___________on the
administration bond in the estate of -------.--.---------.-----.....__.__.._,say that I reside at
----f--------.---------~-,Washington County,Pennsylvania;that I am the owner of real estate,the
title to .which is in my own name and duly recorded,situated in __ ,
Washington County,Pennsylvania,worth above all encumbrances $.._.. ;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
.~-----_._----..--------------------_._---------------------------------------
Co.
Street
~tattml't1t of ~urrtt!
P.O.
I,......._----------.-,surety in the sum of $...______________on the
administration'bond in the estate of --.--------------------.---------.---------.-------------....-.,say that I reside at
_______________________._..._.-----------.,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in :_ _.._ _ _ _ ,
Washington County,Pennsylvania,worth above all encumbrances $-.._.. . •._..;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
.......•••.•••.._.0.••••••.•••••_•••••••••••••...•_••••~••••••...••....••.•..••.•••••••••••••••.•••••••.•••.••..••••_••0.
-------------------··-------_·_--------------:-0 ._
COMMONWEALTH OF PENNSYLVANIA,}SS:
WASHINGTON COUNTY,
Street P.O.
And now .___...............19__.eOll1es _ __- - _ __.
who being duly sworn.says that he is acquainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and th:1t the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before me this ..,------...---.-------------
day of ..__._..__._........_.._..__._._._......._._...__.....__. . .__.A.D.19.__._.....
_-__._----_._-_--..__.--__--_.------_.-.-._.-_--_._._---.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS f COURT DIVISION
IN RE:
Estate of
i
I
I
LUCIAN MILLER,
Deceased.
Q R D E R
No.63-71-1156
AND NOW,this ~day of ~1973,it is
hereby ordered and decreed that a hearing in the above-captioned matter be
held on "Z.z..~1973,at -1 0 :()O
0'clock in Court Room
By the Court:
.,
.-
•';~6 _to,."...:"..'
f •.
"-I ••
•.\
,,,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNA.
ORPHANS I COURT DIVISION
IN Re:
Estate of
No.63..71 ...1156
L UClAN MILLER.
Deceased.
o R D E R
AND NOW"this 5th day of July"
the hearing in the above..captioned Estate scheduled for Tuesday.1'May 22nd"
1973"is rescheduled for Friday"July 20"1973"at 10:00 a.m.
By the Court:
j
L 1;·1,'·'1.1 1, "
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
J
IN RE:
Estate of
LUCIAN MILLER,
Deceased
)
)
)
)
)
No.63-71-1156
STIPULATION FOR JUDGMENT AGAINST DEFENDANT
It is hereby Stipulated by and between Fred J.Sentner,
Esquire,Attorney for Plaintiffs,Mrs.Alberta L.Williams and Ida
Mae Hunter,and John W.McIlvaine,Esquire,Attorney for Defendant,
Menther Lee Martin as follows:
1.That judgment be entered in favor of the Plaintiffs
against the Defendant in the amount of $1,000.00.
2.That said judgment will be paid and satisfied out of
the proceeds of the sale of the real property,which forms the
basis of this suit,located in Eighty Four,North Strabane Townshi ,
washington County,Pennsylvania.
3.That the defendant,Menther Lee Martin,immediately
make arrangements to have said property listed with a reliable
real estate broker for sale at a reasonable price commensurate wi
its fair market value.
4.That the plaintiff will not execute on said judgment a
long as reasonable but diligent efforts are being made to se~l sai
property at a price as aforesaid.
It is hereby represented by counsel to this Stipulation
that they execute the same under and pursuant to the instructions
and authorizations of their respective clients.
It is further understood and agreed between the parties
hereto that said Judgment will carry no interest so long as the
Page 1.
.,""..--....
IIo!.
provisions of this STIPULATION are adhered to by the defendant.
w.McIlv
Attorney for Defendant
APPROVED BY THE COURT:
Judgment Entered And
Damages Assessed As Above
Prothonotary
flee crck r (714)//..
P9ge 2.
r=
•i I J ".ill ;_(-,I "...(
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FI LEO,
'n JUL 2D M1 I!21~
..Ht,r;',,'E:Y STUt;f~T
REG!STEi\OF WILLS
wtlSHINGTON CO,.PA.
f"
IN THE COURT OF COMMON PLEAS
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
""\NO.TERM 19
c'
PETITION FOR CITATION
ESTATE OF
ASED
~/'&;,
ANI
~.,.3vr o tfM
S~l~71 f;;
~A,eJ[ZZ'G1;/z~fl!~6tJr~~?lu/J71~.5"-37:?'1l e
'"
~
I N R E EST ATE
OF
LUCIAN MILLER
··
:
•·
IN THE COURT OF CO~~ON PLEAS
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS·COURT DIVISION
DECEASED ••NO.TERM 19
PETITION FOR CITATION
TO THE HONORABLE THE JUDGES OF SAID COURT:
AND NOW,this day of ,19 ,
comes the Commonwealth of Pennsy1vania,'by Marco S.Sonnenschein,
Deputy Secretary for Taxation,for Milt Lopus,Secretary of
Revenue,who avers:
1.That Lucian Miller,deceased,(hereinafter referred
to as "the Decedene'),died on October 10,1971.
2.That a Petition for Letters of Administration,
C.T.A.,was made by Menther Lee Martin,Administratrix,(here-
inafter referred to as "the Administratrix"),on January 15,1972.
That Letters of Administration,C.T.A."were granted to the
Administratrix on January 15,1972.Attached hereto and made
a part hereof is a copy of said document attesting to the date
Letters ,,,ere granted marked Exhibit"A.n
3.That on August 10,1976,a certified demand letter
was sent to the Administratrix,advising that the Inheritance
Tax Return for the Decedent had not been filed.A receipt was
signed and returned to the County Inheritance Tax Office.
Attached hereto and made a part hereof is a copy of said letter
and receipt marked Exhibit "B."
,.,
4.On February 28,1977,Special Assistant Attorney
General David Abrams telephoned George Retos,Esquire,who
indicated that the Inheritance Tax Return would be filed on
March 15,1977!"
5.That as of the date of this Petition no Inheritance
Tax Return has been filed by the Administratrix of this estate
IasrequiredbySection701oftheActofJune 15,1961,P.L.
373,Article VII (72 P.S.2485-701),and Section 703 of the
Act of June 15,1961,P.L.373,Article VII,as amended (72
P.S.2485-703).
6.That under Section 821 of the Act of June 15,
1961,P.L.373,Article VIII,(72 P.S.2485-821),the Secretary
of Revenue is authorized to request the Court to issue a ·Citation
directed to those sUbject to any duty imposed by the aforesaid
Act,commanding such persons to appear and show cause why the
requirements of this Act should not be met.
WHEREFORE,your Petitioner prays your Honorable Court
to issue a Citation upon the Administratrix,directing the
Administratrix to appear and show cause why 'said Inheritance
Tax Return in the estate of the Decedent,should not be filed
as required by law;and to further direct that.the costs of
this action shall be borne by the Administratrix.
COMMONWEALTH OF PENNSYLVANIA
co S.Sonnensche~n
eputy Secretary for Taxation
Milt Lopus
Secretary of Revenue
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
··
··
ss
Marco S.Sonnenschein,Deputy Secretary for Taxation,
for Milt Lopus,Secretary of Revenue,being duly sworn according
to law,deposes and says that the facts set forth in the fore-
going Petition are true and correct to the best of his knowledge,
information and belief.
~~ar •Sonnensche1n
f5eu6'uty Secretary for Taxation
/For:Milt Lopus
Secretary of Revenue
Sworn to and Subscribed
h
C2ztj~
M ,..N~TAllY PUBlIC
y CommISSIO/l E .~ri5burg,Pa "olres March.17,1979
I)iluohln County
before me this /!ituday
197?of
~I.t-,,'~.
~.!.:.~:
:{;J~~"'~"
.,,;,};/:),
",:~
~..
.~..
RCC-530(1~-76),,,
COMMONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUR EAU OF COUNTY COLLECTIONS
4115.SECOND STREET
H;ARRiSBURG,PA.
17127
r ,.-,'")lA.j;l)I!.>2/b L321
Nam:e l~"!ll ther :L.(iH~Mlti:'t:lt'.l
~d d "",....e"''''."·.h""'i,'",;,~"r ...."""',-1-1.,ire's s f 4!:Q ~..Ji.'J>""".,.•..f~""t;.(,.
City;State,Zip Code
1':1 t.t1$!}JUl:gh tP~';.,"1_na.l5Z19
Dear Sir:
Dat,€:;j A\1~u.~~,t,10 1976 .
!Re:Esrat e of ~:!llc:1.en I..t111~r
Date of'Death 10-10-7\
Fi~eNo.LJ-~1-1~St
I.,
"
\-,, ,We have recently cbn~a6ted yov or your legal representative-
advising that the above estate was in:a delinquent status.As of
this date,the matter has not been resolved.
...
.Section 701 of the lriheritanc§and Estate Tax Act of 1961
requires the personal repres~ntative of an estate and/or a trans~
fere'e to make an inherifance,tax return.'In addition,.Section 711
states that inheritance tax i~due atithe date of the decedent's
death and shall become delinquent at the expiration ot nine (9)
months.
Section T91 of this Act provi~es that any pers:on who
wilfully fails to file a retLirn required under the pro'vision
of this Act shall be personally liabl~for a penalty of twenty-
five percent (25%)of the tax determined to be due or '$1,000.00,
whichever is less.Thi spena.lty is i~addl tion to any other
li~tilities impos~d byth~Act.
Our review shows that this estate remains open because;
K An inheritanc~tax return has not been filed;
A tax in the principal sum of'---plus six percent (6%)annual interest from
";',remains due and unpaid.--------
Accordingly,please ~e advised that unless th~return is
filed or the tax due,including interest,is paid in full within
fifteen days from the date of this letter,proceedings will be
instituted in the Court of Common Pleas by this Depart'ment to
effect compliance with the law.',
:Very trhly yours,
C-M~a~
,Assistaqt Attorney Gene~al
Commonweal th of Pennsyl v;ania
Address Reply to:
FOR:Stanley'M.Weiss,Jr.
Director
Bureau of County Collections
D~partm~nt of Revenue
9,:<,60
f~,.'.,,"
'\'"...,~_.:4~J.~ii.t}~
:~.I ;,'):5'Jl
'EXHIBIT B
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.,
!~:A,~1...~~~..l?IiUff!_~!1.:...L.-....;.::;..-.~-~~-.r~__4,:;''-<;'''''';''''''~''-'4-~."""",,_~.~~.........i.""""'i.-·-·-,~~·~.._=-o.~--'~~----_~__~~~V~~::';';'~~;'~~~
~.~
:IN.RE:
1JuliJlte WOltrt of Womtttl1tl 'lrun oflJiu.alttugtnu mlluuly.Jeuullg1uuttiu
(@rp11ttttn'Qruurt iltntlliun
QJnmmnuwtaltll nf JtltU!1yblttltttt
Qtouuty of llt1ttt.al1iugtou
;~:STi\TE OF LUCIAN MILLER
DECEASED
To:Henther Lee Martin
QTitattnn
\nn:
63.~71-1156
Sur Petition of:Common'ltle.alth of Penn1?ylvania,.By Marco'S.Sonnenschein
.O)r.rrtiug:
lIt "<nnUtmuu~Inu,__M_e_n_thC--'-e.;...c.r;....c."_L--=.e--=.e_M:......:a=r:......:t;.:::i=n _
that,laying aside all business and excuses whatsoever,you do file in the office
of the Clerk of our·Orphans'Court of Washington"County,_a full an4 com-
,
plete :answer,under oath,to each and every of the averments·of.the said
petition,on or before Friday ,the 26th day of--"-'A"""u-eg..>ou....s .....t _
'19 77 ,at_1-----':3_0 0 'clockR.-.M.,and show cause why the Inheritance
Tax Return in said estate has not been filed.
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 Paul A.Simmons,Judge of our said Court,
at Washington,Penna.,the26th day of-----..A...."uegu..........st.><--_
Davi d Abrarn......s Esq.
"Attorney for Petitioner.
(Seal)
•
19_LL.
I",
t
I
i
I N R E·EST ATE
OF
LUCIAN MILLER
··
··
··
IN THE COURT OF COMMON PLEAS
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
DECEASED ··NO.TERM
63-71-1156
19
o R D E R
Now,to wit this the 20th day of·JuLy ,1977 ,
upon consideration of the foregoing Petition,it is ORDERED
and DECREED that YOU,Menther Lee Martin,Administratrix for
the estate of Lucian Miller,deceased,are hereby cited to be
and appear at Courtroom No.5 ,on the 26th day of August
1977 ,in the Courthouse of Washington County,Pennsylvania,
at 1:30 pfl.,then and there show cause,if any there be,Why
the Inheritance Tax Return in said estate has not been filed1
and to further direct that the cost of this action be borne
,
by the said Administratrix1 said Citation returnable twenty (20)
days from date of Service.
BY THE COURT
P.J.
j
i\ffi~nuit (@f 1£xrrutnr (@r Abministrntnr
~3 r 7/-JJ6-Zf,;tutt of Jtttttsyluuttiu.~99:
C!1nUttty nf lIIlIas4il1gt0l1 \
Personally before me,the undersigned authority,a ~?~~~~9.in and for said
County and State,appeared ~~~E ~~~~who,being duly
sworn according to law,deposes and says that s he is the executor or administrator of the estate of
..................~~9~~~~~~E deceased,that the foregoing schedules constitute a
I ·T d .f h al d I'f Lucian Millercompetemventor)an appraIsement 0 t e re an persona estate 0 ,
deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item
of real and personal estate in the foregoing schedules are determined and stated by the undersigned to
be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each
item made by the above named Executor Administrator.
day ~~~::2~c~;~.:~n;.:..;~;~.ri~t:i:.~.~..:;..)~,~~.A.
'lJ..N'N'IJ..·M'AR·fE..SM!SR':·i;;i:ita·fy·P'Uo1'rr···..~)
Washrngton,Wa~hi,13ton Co"Pa.ADDITIONAL INSTRUCTIONS
MYACommission E2<'pires AOfjl 1,111280 .h'h h f .fl'1.nn mvemory mustoe tI ed WIt m tree mont sater appomtment 0 persona representatIve.
2.A supplemental inventory must be filed within thirty days of discovery of additional assets.
S.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2
l1uneutnry null ~pprni.6pmfttt of the goods and chattels,rights and credits which
were of M)JQ.1gn.J1iJJ,g.t'late of F.;;j,gh.t.Y.:::f.9.~..
Washington County,Pa.,taken and made in conformity with the above affidavit.
i-·..
DOLLARS CENTS
IDts Nos.284,283,282,275,&276 in Reedville
Plan of IDts',North Strabane 'lbwnship,Washington
County,Pennsylvania $3000 00
Ud C)~n~Lt.1oih(.y
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IN RE ESTATE
OF
LUClAN MILLER
DECEASED
:IN THE COURI'OF COMM)N ?LEAS OF
WASHINGroN COUN'I'¥,PENNSYLVANIA
ORPHANS'COTIro'DIVISION
NO.63-71-1156
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ANSWER
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RETOS,SYMONS &CLARKE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
RETOS LAW BUILDING
70 EAST WHEELING STREE.T
WASHINGTON.PA.15301
IN RE ESTATE
OF
LUCIAN MILLER
DECEASED
'.
IN 'IRE.COURI'OF COMMJN PLEAS
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURI'DIVISION
NO.63-71-1156
ANSWER 'ill PEI'ITICN FOR CITATION
'ill THE HONORABLE,'IRE JUDGES OF SAID COURI':
N,lDNOW,this 22ild day of August,1977,cares Menther lee
Ma:l::tin,Administratrix,C.T.A.of the Estate of Lucian Miller,deceased,
by and through her attorneys,RE'IDS,SYIDNS &CLARKE,and files this
Answer:
1.Admitted.
2.Adrnitted.
3.Admi tted.
4.The allegations of paragraph 4 are denied as stated.It
is specifically denied that George Retos,Jr.,Esquire,indicated that
the tax return would be filed on March 15,1977.Rather George Retos,
Jr.,Esquire advised Special Assistant Attorney General David Abram:;
that he would attempt to file the tax return by March 15,1977 if the
file could be located,since the sarre was not yet in Mr.Retos'possession.
5.The allegations of paragraph 5 are denied as stated.It
is admitted that as of the date of the Petition,no inheritance tax
return had been filed,havever,said return has been filed as of this
date.
6.Admi tted.
WHEREFORE,your respondent prays your Honorable Court to dismiss
the Citation since the inheritance tax return has been filed and the
question is nON rroot.
X,C.T.A.
COMMONWEALTH OF PENNSYLVANIA
COUNTY·OF WASHINGTON
)
)
)
_.
SS:
Before me,the undersigned authority in and for said County
and State,personally appeared.LEE P_.__S_YMONS__,_ES__Q_UI__RE __
who,first having been duly sworn according to law,depose (s)and say (s)that
the allegations of fact set forth in the foregoing~An__swe__r_·.are
true and correct to the best of (his)(~)knowledge,information and belief.
Sworn to and subscribed
before me this 22nrlday
of ...;:A;,.:;u:::;;ous::.=:.:t=--,1921
\
I
ANNA MARJE SARISH,Notary Public
My Commission Expires:Washington.Wc',hington Co.,Pa.
My Commission Expires April 14,1980
.'
...
...
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PA •
(Orphans'-Court-Division)
No.63-71-1156
In Re:
Estate of
LUCIAN MILLER,
Deceased
ORDER
.-
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•
ORPHANS'COURT DIVISION
(COURT OF COMMON PLEAS)
WASHINGTON.PA.
/;{5-:31d-A
~2
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of
LUCIAN MILLER,
Deceased
)
)
)
)
)
)
No.63-71-1156
SATISFACTION OF JUDGMENT
I,Fred J.Sentner,Attorney for Alberta L.Williams,
and Ida Mae Hunter,claimants in the above captioned matter,do
hereby acknowledge receipt of $1,000.00 plus costs from the
tf
above captioned estate,in full payment and satisfaction of
the judgment entered in this matter on September 11,1974 and
hereby authorize and direct the Register of Wills to so mark the
record.
IN WITNESS WHEREOF,I have hereunto set my hand and seal
"')9/Zr/L---day of August 1977.
COMMONWEALTH OF EPNNSYLVANIA,
COUNTY OF WASHINGTON
~~(SEAL)
/
)
)ss:
)
Before me,the subscriber,a Notary Public in and for
the ·said County and State,personally appeared Fred J.Sentner,Es •
and in due form of law acknowledged the within Satisfaction of
Judgment to be his act and deed,and desired the same to be re-
corded as such for the uses and purposes therein mentioned.
WITNESS my hand and Notary seal this //£day of
August,1977.
~~(SEAL)
'v Commi~sion Iilqriro.MlIrcJt 4 ~"r
'in AUf 3n [til II 12
REGISTE,U or WiLLS
WIiSf-lii'J.JrON co.,PII.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
(Orphans'Court Division)
In He:
Estate of
LUCIAN MILLER,
Deceased
:No.63-71-1156
ORDER
AND NOW,this 26th day of August,1977,upon consideration
of the motion of Attorney Reginald A.Guy,representing the
Commonwealth of Pennsylvania,his motion to withdraw the
Commonwealth's Petition for Citation in regard to the filing of
an inheritance tax return and/or the payment of the same in
regard to the Estate of LUCIAN MILLER,deceased,is granted
By tJ;1e Court,
.,
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
No.63-71-1156
RE:
ESTATE OF LUCIAN MILLER,
Deceased
PETITION AND DECREE
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MICHAEL E.KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVENUE
CANONSBURG.PENNSYLVANIA 15317
.t.~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
RE:
ESTATE OF LUCIAN MILLER,
Deceased
)
)No.63-71-1156
)
)
)
)
PETITION FOR ORDER EXCUSING OR REQUIRING
ADDITIONAL SECURITY PURSUANT TO
SECTION 3351 OF THE PROBATE ESTATES AND FIDUCIARIES CODE
(20 Pa.C.S.A.§3351)
TO THE HONORABLE,THOMAS J.TERPUTAC,
JUDGE OF THE SAID COURT:
AND NOW,comes MENTHER LEE MARTIN,Administratrix Cum
Testamento Annexo of the Estate of Lucian Miller,Deceased,and
files this Petition requesting an Order to excuse or require the
posting of additional security,pursuant to Section 3351 of the
Pennsylvania Probate Estates and Fiduciaries Code (Pa.C.S.A.§33511)
and represents as follows:
1.Lucian Miller died testate on October 10,1971 and
the said Menther Lee Martin,applied for and was issued Letters
of Administration Cum Testamento Annexo on January 18,1972.
2.Your Petitioner filed a Bond with the Register of
Wills of Washington County,Pennsylvania,at the time of her
appointment as Administratrix,in the amount of $j()tJ(}~
)
3.An Inventory has been filed in this Estate and,
within that Inventory,certain real property was reported as an
asset of the Estate,which real property is more fully described
as follows:
ALL those certain lots of ground situate in
North Strabane Township,Washington County,
Pennsylvania,known and designated as Lot
Nos.282, 283, 284,275,276 and 277 in the
Reedville Plan of Lots laid out by Francis R.
Dooley,and of record in the Recorder's Office
of Washington County,Pennsylvania in Plan Book
5,page 129.Said lots are more fully described
in Deeds recorded in Deed Book Volume 1782,
page 112 and Deed Book Volume 1909,page 329 in
the Recorder's Office of Washington County,
Pennsylvania.
4.The above-mentioned real estate was sold to Glenn
W.Edwards,Jr.and Darlene R.Edwards,his wife,by Deed of
the Estate of Lucian Miller by Menther Lee Martin,Administra-
trix,C.T.A.,dated August 19,1977 and December 8,1978,for
a total consideration of $5,000.00.
5.The said purchase price of $5,000.00 was paid on
350.00
3,431.40.
(a)Payment of judgment creditor $
(b)Recorder of Deeds,transfer tax
(c)Escrow payment for past due real
estate taxes
(d)George Retos,Jr.,Attorney for
Miller Estate
August 18,1977,and distribution of the same was made as follows:
I
1,168.60 I
50.00
6.The money paid for said property has been received
by the Estate and distributed in payment of its expenses and
therefore the posting of a Bond in this matter would not be
necessary.
6.The only purpose for the presentation of this
Petition is to clear the title of the property sold so that the
purchasers of the same may secure marketable title.
WHEREFORE,it is prayed that your Honorable Court
enter an Order excusing the necessity for filing additional
security pursuant to Section 3351 of the Probate,Estates and
Fiduciaries Code and authorize the Administratrix,C.T.A.,
nunc pro tunc,to receive the proceeds of the sale of the subject
real estate.
-------------------------,
I.
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III,
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falsificati<)n to authorities.
subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn
I understand that false statements herein are madearetrueandcorrect,
:1;1Ii
II!i
:i 1 verify that the statements made in this PETITION FORIi,,-..---'
:\ORDER EXCUSING OR REQUIRING ADDITIONALSECURI,TY
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Menther Lee Martin
Administratrix C.T.A.of the
Estate of Lucian Miller,Deceased
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within
C)};R'I':t:J!'IC1\~.'l!:Oli'S)!a~VIC]!:
I hereby certify t11~l.t a true and cO:l:'rect.copy of t.110
PETITION FOR ORDER EXCUSING OR REQUIRING ADDITIONAL
~r:et1R't'f"t and prOposea DECREE --.-.----.
was forwarded to all parties and/or their respective counsel of
record,this ___day of ____M_a_Y ,198 4 ,by
un:i.t.ed stat.es J:i'irst Class Mail.
I(Us'l:U :,iss,
12 or'ell.,J'offe:n;on l\vonuu
canonsburg,pennsylvania 15317
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
RE:
ESTATE OF LUCIAN MILLER,
Deceased.
DECREE
No.63-71-1156
AND NOW,this ;2 ~day of May,1984,IT IS HEREBY
ORDERED AND DECREED that Menther Lee Martin,Administratrix
of the Estate of Lucian Miller,Deceased,is hereby ~xcused
I
C.T.AJ
II
from entering additional security and she is further authorized
to receive the proceeds of the sale of the subject real estate,
nunc pro tunc,as described in the annexed Petition.
By the Court,
I N R E EST ATE :IN THE COURT OF COMMON PLEAS
J
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
OF
LUCIAN MILLER
DECEASED
••
··
·•NO.TERM
03-7/-115~
19
AFFIDAVIT OF
SERVICE OF CITATION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
··
·•
ss
I,Judy M.Oller ,being dUly sworn according to law,
deposes and says that on the 26th
1977 ,at about 1:.30 O'Clock
day of 'July
PM.,he served the
,
Citation in the above captioned matter in the following manner
and at the following location:from the Central Post Office,
Washington,Penna.,by certified mail to the Executor:
Menther .Lee Martin
728 Anaheim Street
Pittsburgh,Penna.15219
Sworn to and Subscribed
before me this d Y dayOfH19,/UI)
~d:\Lk·
BOB A.FRANKS.,Prothonotary ,.,
My Term Expires first Monda,.oIeJWy 1I8D
Certified Mail Receipt
#176261 Returned 7-28-77
~'.~.'.".i
COMMONWEAL TH OF PENNSYLVANIA
I DfPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS...•.'
1
RE~:U~iST FOR LEGAL ACTION e---
.:Bureau File No.
_________-.1 63-71-1156
Co.No.38-223-4
~en~~l~_~Lee Ma~tin ,residing gt 728 Anaheim St.Pittsburgh,Penna.15219
.Allegheny .ExecutorInCounty,IS the _of property formerly owned by
Luci.an.J1iller ,who died on 10-10·71 in Washington County.
The attorney for the estate i s --=C~l=-.ly-"d..,e",---=T-"e~m...p~e~s,--,t",--whose addressis _
Second &Chess Street Monongahela,P,nna.15063
The above named E::...:x:=e::..:c::..;u=.t..:::..::o..::r:--is in violation of the provisions of the Inheritance and
Estate tox laws of the Commonwealth of Pennsylvania in the following respect:
1 -Lil Failure to file on Inheritance Tax return on or before _7'-'-~1~Ou-....7~2 _
3 -0 Failure to file a copy of the Federal Final Letter.'
2 -D Failure to file a copy of the Federal Estate Tax return on or before -\.\_
\
4 -0 Failure to pay Pennsylvania Inheritance tax due in tho amount of $_before it became delinquent
on_
I have made the following demands for compliance without results:
Dote of demand Name of person contacted Title Method of contact
j-27~.fL
~-l0=7,-,6,,--_
8-10 76
~._T,-,OeaJID"oIIp,oe.....s.....,t"'--_
Clyde Tempest
Menther Lee Martin
Atty
Atty
Exec.
Rcc-529
Rcc-530
----------
A formal notice of demand was sent to the taxpayer by certified mail.This demand has been ignored.A copy
of this notice together with the certified mail return receipt is attached hereto.
I recommend that the following legal action be taken to compel compliance:
1 -0 A lien be filed with the local Prothonotary against real estate owned by the decedent.
2 -£J A petition for citation be filed in the local court.
3 -C A civil complaint be filed in the local lower court.
_....ib.2:I==.:LfL _
(Date)
Additional remarks:WeB"113-2]6-2327 ]etters were taken ...out.aD 1 =.l.5....-J2 •The
estimated__pers..-i.a none a.n.rl-estimated real is $5,OOO-,-OO ...-'!'.he e~_ec._i_~_still
~ve_...§..ng living at the same addres •
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RCCoS29 (3-75)
••,v ,
COMMONWE-ALTH OF PENNSYLVANI
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
Date:
•
Atty.Tempest iI
Second &Chess Street
~)nongahela,Penna.15063
Dear Sir:
Date:July 27,1976
Re:Estate of Lucian Miller
Date of Death 10-10-71
File No.63-71-1156
A review of our records has disclosed that you are responsible for the settlement
of the above estate or,in the alternative,that you represent the responsible party.
Section 701 of the Inheritance and Estate Tax Act of 1961 requires the personal
representative of an estate and/or a transferee to make an inheritance tax return.In addition,
Section 711 states that inheritance tax is due at the date of the decedent's death and shall
become delinquent at the expiration of nine (9)months after the decedent's death.
Our review shows that this estate remains open because:
x An inheritance tax return has not been filed:
___Tax in the principal sum of ,plus six percent (6%)
annual interest from remains due and unpaid.
Our records indicate that action on the item checked above is now past due.
However,we are extending to you a ten-day courtesy period from the date of this letter
to permit you to settle this estate.If you fail to do so,the Department of Revenue will
make a formal demand on you or your client (s)and,if necessary,institute legal action.
Very truly yours,
~~::.,~
Director
Bureau of County Collections
Department of Revenue
Address Reply to:
I:~~R:::T;\':CE TAX DIVISION
244 Washington Trust Building
Washington•Pennsylvania 15301
,.,
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Nt t'(.(.Il~n file...
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JOHN W.MciLVAINE
ATTORNEY AT LAW
•
August 30,1976
Inheritance Tax Division
244 Washington Trust Building
Washington,Pa.15301
OFFICES,
408 GAL.L.ATIN BANK BL.DG.
UNIONTOWN,PA.15401
PHONE:438-0596
9 EAST BEAU ST.
WASHINGTON,PA.15301
PHONE:225·4730
WAYNESBURG -627-6230
~J.7/.JiS1'
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Gentlemen:
Re:Estate of Lucian Miller
Please be advised that the only asset in this estate is
a piece of real estate,which we are attempting to sell;and
so far have been unsuccessful.The moment that it is sold,we
will know what the value of the estate is,and we will have funds
upon which to pay the inheritance tax.
JWM:pls
•
IN RE ESTATE
OF
LUCIAN fULLER
:
....
i
IN THE COURT OF COMMON PLEAS
i
WASHINGTON COUNTY,pmm'SYLVANIA
ORPHANS'COURT DIVISION;
OECEASED :NO.1'E1U!,19
03-'1J-II5'b
,
I AFPIDAVIT OF
SERVICE OF CITATION
CO~101~EALTH OF PENNSYLVANIA
\
COUNTY OF t~1ASnINGTON
i
;
:
ss
I,Judy \.1.Oller\.1 ,being dUly sworn according to law,
deposes and.says that on the 26th
~977 ,at about O'Clock
day of 'July ,
P H.,he served the
j.•
,i ,,
I'},.
Citation in the above captioned matter in the following manner,\
!"'\
and at the following location:from the Central Post Office,
,..\8shington,Pmnt\.,by certified mail to the Bxecutor:
flenther Lee ,I ~1urtin
7 28 ~.nahe1m ~treet
.~j
;I
/~ittsbur9h,~ennc.15219
,f \
Sworn to and Subscribed
,t"1"'
bafora me this d 7 day
• ,I
of "i~'~7&!19 7/·/1)
,/.
~t-/d 1 ¥!<.:iJ-<t/,
BOB A.fRANKS,Prothonotary
~"{el"m Ex,ires First Monday.January 1980
<"ertified Hoil Receipt',
,,
;;J.7tl;261 Returned 7-28-17
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"{i..SIG'I"TUl1f 0 A .~.I 'S,<c 1-'Authoril."d agento_..
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R~C-'03 (3-73)
/~COMMONWEALTH OF PENNSYLVANIA
'~DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
INHERITANCE TAX RETURN
FOR INSOLVENT ESTATES ONLY
OF RESIDENT DECEDENTS
j
This return must be completed in detail and filed in duplicate,with the Register of Wills in the County where the decedent resided within nine
months after date of death,unless an extension is granted by the Secretary of Revenue.
wm 63-71-1156 Menther lee Martin 728 Anh ..Admn.No.~19__I,_.::.=.::..::...::==--..=.:.=-==-==of elTIl Street.Plttsburgh.PA
(NAME)(ADDRESS)
of the estate of__L_u_c_i_,an__Mi_'_'l_l_Err_'_
~
being duly sworn according to law,depos es and says tha t~e is the _AJ_dmi__'ffi_'_s....,tr-=ca-:tr-::-ix--:-=:,_C....,•....,T::-.,...,A-:.=-::::--:=-='--,--_
(EXEC.,ADM.,LEGATEE,ETC.)
late of--=E:!:i:.:.:;qh~ty;;,-:_'F~o~ur~.~Pc£:A~===:-:-:-=;__-----(CITY,BOROUGH,OR TOWNSHIP)
deceased,and that the whole of the estate of said decedent,who died on __OC_t_o.....:b_e_r_l.....:0:....!,~1==9:..,,7:,..:1=-------------_
(DATE)
consisted of the assets listed below and that allowable debts and deductions exceeded the fair market value of the assets and
no Pennsylvania Transfer Inheritance Tax is due.
Sworn and subscribed before me
the 9th dayaf June 19.Il.-~Ch'?~(),~_.'-''/.4 tJ')..-~
Type oi 'As{(~t:
Rea I Estate,Pers.,
Property,Jointly
HeId PlOp.or
Tronsh"s',
M._.~,,!o!,•,NOTary t'UOII\;
Wi:lsnington,Washington Co.,Pa.g1SSETS
My Commission Expires January 26 19(Attach adClitiona I sheets if necessary)
Description of Asset
Estimated
Market
Value
Department
Valuation
CAUTION
(Do not write
in this s pOce)
Real Estate Lots Nos.284,283,282,275 and 276 in
Reedville Plan of Lots,North Strabane
TaNnship,Washington County,Pennsylvania $3000.00
$3000.00TOTALS
t e ast c~umJ1 tf t+r1~t.7 • \ ),".'nY\...(!A .'-'"J).1l VV\~
Dated:~l ''''/.......(INHERITANCE TAX APPRAISER)
Nom}of Pay;e DEBTS AND DEDUCTIONS Amount Amount Approved
Nature of Claim Claimed by Register
West Funeral Heme Funeral expenses 715.00
West Penn PCMer Final bill 12.63
Bell Telephone Final bill 14.00
Kentucky Central Insur.Final fire insurance 15.44
Pittsburgh Hospital Final bill 22.00
Wash.Co.Tax Claim Bur.1972 property taxes 76.00
Wash.Co.Tax Claim Bur.1973 property taxes 116.72
Wash.Co.Tax Claim Bur.1974 property taxes 76.86
Wash.Co.Tax Claim Bur.1975 property taxes 86.75
Wash.Co.Tax Claim Bur.1976 property"taxes 61.88
F.J.Buckley Insurance Bond 100.00
,John W.McIlvaine Atto:rneys fees &reimburse costs of wi~iest 291.50con
Retos,Symons.&Clarke Atto:rneys fees and costs 350.00
(cont.page 2)
TOTALS page 2
REPORT OF INHERITANCE TAX APPRAISER
I,the undersigned duly appointed Inheritance Tax Appraiser in and for the above County do respe~tfully report that I have
appraised the real and personal property as reported in e foregoing schedule at th values et forth opposite each item in
h I I h'h '((.
REPORT OF THE REGISTER OF WILLS
I,the undersigned duly elected Register of Wills in and for the above County,do respectfully report that I have allowed
deductions in the amounts set forth in the above schedule as claimed,except where I have s t forth a greater or lesser amount
in the last column to the right,whi't greater or lesser amount represents the sum allowed sa deductio
Date or APpmval~..;(ff /'17 2
t "'_--..-.
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~}63-71-1156
Administration ~~~QQ~XX:HM~~:X\t j \'
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-.'•'It;',h ~';IN THE.._--'...
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MAriER OF THE APPRAISEMENT~......-=-..I·'
\',,;'
""("'""...../'{'I,\OFTHE
"'I I,It I'ESTATE OF
LUCIAN MILLER
(DECEASED)
Late of Eighty-Four
County of Washington
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
•
Page 2
Name of Payee
Recorder of Deeds
Fred Sentner,Esq.
Menther L.Martin
D=bts and Deductions
Nature of Claim
Transfer tax for property
Payment of judgment
Administratrix fees
Total
Arrount Claimed
50.00
1168.60
180.00
$3337.38
L
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG
17127
NOTICE OF fiLING OF APPRAISEMENT
Menther Lee Martin
(IUX*,X&Adm ini strator)C.T.A.
IN YOUR REPLY RL·EASE--.
REFER TO 38-223-4
InheritQnce Tax Division
J
In Re:Estate of _--=L~u.:...:c:....::i::.::a.:..::n~M-=J.=·I=I=-e.:...:r.:...:-.-- --__
_-,W:.!.-'a!<!!:s~h=l=·n=gc::>.t=on~__County -Fi Ie No._....:6~3.L-=-7~1~-~1=-1~5~6 _
Dear Ms.Martin:
You are hereby noti fi ed that the__.:o.::.r-=i~g:>.::i:::::n:=a:=.:I=--,--_
appra isementin the estate of ....L,-,O!ul),c....i....a.....n............Ml.:LI.i....]....l~e.....r~.-'----:_
has been filed in the office of the Register of Wills of Washington
County on September 14 ,19....11,Said appraisement reflects the following
valuations:
Real Estate ~3:..,,~0~0~0~_~0~0::-...-_
Personal Property _
Transfers -_-
J 0 int Iy Owned --:=---:=--=-::_,--_
Tota I 3.::....L..tO-,-O-,-O-=-=...._0.::...0=--_
As to such tax that is paid within three months from date of death,a five (5%)
percent discount is allowable.As to any tax that remains unpaid after nine (9)months
(fifteen months when death occurred from December 22,1965 to June 16,1971,inclusive;
and twelve months when death occurred prior to December 22,1965)from date of death,
interest at the rate of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by this notice may object thereto within
sixty days after receipt of said notice as provided by Section 1001 of the Inheritance and
Estate Tax Act of 1961,72 P.S.2485-1 DOl,P.L.373.
Date September 14:1977 Si9~~---~-''''''.--R /JLM~.
Title Appraiser II
Date of DeatH:October 10,1971
ESTATE INSOLVENT
Note:This is not a bill.
~J [JJ~wriloAlce
d~ri~1Wn
~u1flitw
GEORGE RETOS JR.
LEE P.SYMONS
ROBERT N.CLARKE
Honorable Paul A.SiImons
Washington COunty COurthouse
Washington,Pennsylvania 15301
RETOS LAW BUILDING
70 EAST WHEELING STREET
WASHINGTON,PENNSYLVANIA 15301
TELEPHONE (4121 228-7770
August 22,1977
RE:LUCIAN MILLER ES'm.TE
NO.63-71-1156
J
Dear Judge SiImons:
Please be advised that a hearing has been scheduled for
the 26th day of August,1977 at 1:30 P.M.requesting that the
Administratrix of the Estate show cause why the inheritance tax
return has not been filed and directing the costs of a citation
be borne by the Administratrix.
I wish to advise you that the inheritance tax return
has been filed this date,thereby making the PJint moot.Should
the COurt choose to assess.the costs of this action against the
Administratrix,we will agree to pay the same.
Accordingly,we would respectfully request that you
cancel the hearing scheduled in the above referenced matter and
issue any·appropriate order.By copy of this letter I am advising
the Attorney General's Office of the COnmonwealth of pennsylvania
that we have satisfied their request.Unless otherwise instructed
by the COurt,we will presurre that the hearing has been cancelled•
GR,jr.:ans
cc:Canmonwealthof Pennsylvania
Department of Revenue
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,ORPBANS":COURT DIViSION
'.,"",,.-
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Estate of '
LUClAN:.:imt£R,
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thehearulgin th~::aboye';'~ap~ionedEstate scheduled ror1::uesdat,',May 2'2nd,
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'IN Re~:,':
IN THE·COURTQF'COMMON,PLEA$OF WASH1tJGTON ,€OUN~1!lr~'PENN~c.,
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REQUEST FOR LEGAL ACTION I
t---.-
Bureau File No.
,63-71-1156----'.Co.No.38-223-4
I1 ._
1..0MMON\'\'EAL TH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
Nenther Lee Martin ,residing ot 728 Anaheim St.Pittsburgh/Penna.15219--~--_._.-
in Allegheny County,is the Executor of property formerly owned by
J,._uc.ian..Miller ,who died on 10-10-71 in Washington County.
The attorney for the estate is Clyde Ternpes~t=-whose address is _
Seconq &Chess Street Monongahela/P.nna.15063
The abcve named Ex.e=..::c:..:u=-t=.o.::..::r~.is in violation of the provisions of the Inheritance and
E.~tate tax laws of the Commonwealth of Pennsylvania in the following respect:
1 -[ij Failure to file on Inheritance Tax return on or before _7J-'-.J.l,..l.OJ.l'ra...l.7...t.2~_
2 -0 Failure to file a copy of the Federal Estate Tax return on or before _
3 -0 Failure to file a copy of the Federal Final Letter.-
.4 -0 Failure to pay Pennsylvania Inheritance tax due in the amount of $_before it became del inquent
on _
I have mode the following demands for compliance without results:
Date of demand Name of person contacted Title.:......-----
7-27-76...-
__~.lO-76
8-10-]~
Q¥de._T':.-'oedJrn....p....,e....s"'-'t"'--_
Clyde Tempest
Menther Lee Martin
Atty
Atty
Exec.
Method of contact
Rcc-529
Rcc-530
Rcc·530 cert.mail
---------
A formal notice of demand was unt to the taxpayer by certified mail.This demand has been ignored.A copy
of this notice together with the certified mail return receipt is attached hereto.
I recommend that the following legal action be taken to compel compliance:
1 -0 A lien be filed with the local Prothonotary against real estate owned by the decedent.
2 -£J A petition for citation be filed in the local court.
3 -C A civil complaint be filed in the local lower court.
Additional remarks:w....B....-1l3-2]6-2327 Jetters were taken out on 1.15-72.The
estimated-pers-is none and estimated real is $5,000.00.The exec.is still
~ive an4 living at the same addres •
Chi~~raiser II ~
(T;,oj ~
-----
......._r-1 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA .
(Orphans'Court Division)
e
In Re:)
«)z«Estate of )No.63-71-:-1156>.J )>Ul LUCIAN MILLER,)zz )..,
0.
i Deceased )
0I-elZ
:I
I Ul<::-
I ..=HEARING ON PETITION FOR CITATION0
0::l-e Ul
c
.J<
0 BEFORE:THE HONORABLE PAUL A.SIMMONS,'
c Judge of the said Court:J..,rI:I-TIME:Fr;id?-y"August 26,1977-\"'""t-,.N ,...-At-l:50 P•M.-f'..';t,0-
Ul -..,-
0::..,APPEARANCES:George Retos,Jr.,Esquire~,
0 ,Washington,Pennsylvania0...,,Representing the Administratrix,,-·-ta:::-...,•.2 ~,'•....
:J Guy A.Reginald,Esquire00
,.J i '"Representing the Commonwealth
/,~, I of Pennsylvania'.0 .,.,
IL .,
IL0e
~
Janet A.Jackson.Official Court Reporter
d
THE COURT:The next case will be the
Estate of Lucian Miller.
2.
MR.GUY:Your Honor,the inheritance
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tax return in the Miller Estate is also on the
record and we would move again that our Petitio
be withdrawn.
THE COURT:All right.
ORDER
ANE NOW,this 26th day of August,1977,upon consideratio
of the motion of Attorney Reginald A.Guy,representing the
Commonwealth of Pennsylvania,his motion to withdraw t~e
Commonwealth's Petition for Citation in regard to the filing
of an inheritance tax return and/or the payment of the same
in regard to the Estate of LUCIAN MILLER,deceased,is grante
-~.,',.~.~'"...
i;.•'''J/'i;,,',
(Proceedings in this matter closed)
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I hereby certify that the proceedino;s
and evidence are contained.fully and accurcitely in the notes
taken-by me on the hearing of theab6ve ~ause,and that this
-copy .is a correct transcript of the sa"'me."
Official Court Reporter
The"foreBoin~record of the_
proceedin~s upon the hearirig of the above cause is hereby
approved and directed to be filed •
:i3y the Court,
('Paul A.Simmons,J •
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIJ
ORPHAN'S COURT DIVISION
•
IN RE:Estate of Lucian Miller,)
Deceased.)
~No.63-71-1156
•
DEPOSITION OF MENTHER MARTIN
Taken on Thursday,September 7,1972,at 10:00
o'clock A.M.,Daylight Savings Time,at the
Office of FRED J.SENTNER,ESQUIRE,at 950
South Central Avenue,Canonsburg,Washington
County,Pennsylvania,before Lois Stewart,
Stenographer-Notary Public.
•
A P PEA RAN C E S:-----------FRED J.SENTNER,ESQUIRE.
PAUL A.SIMMONS,ESQUIRE •
* * * * ***
•
\I
INDEX TO THE W:THIN DEPOSITION·
Examination b~:
(.'/~I•
l1R..SENTNER:.~••••'!I '••~•••••e _••e·••••'••4!• • • • • • • •2
• • • • • •&• • •4 ••.'• • • • ••• •e • • •-.•e ••~•'.44
•
•
:t1R..SIlvIM:ONS,:••••••'•••,'-••'••••••••••-.'•e •••!f:'•..• •..•42
(MENTHER MARTIN SWORN BY LOIS STEWART,NOTARY PUBLIC)
MENTHER MARTIN,having been duly sworn,testifies as follows:
•
•
,
II:
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Examination by MR.SENTNER:
Q Do you want to give us your full name please?
A Menther Lee Martin,M-e-n-t-h-e-r.
Q And your address?
A 728 Anaheim Street,A-n-a-h-e-i-m,Pittsburgh 15219.
Q How long have you lived there?
A Sixteen years.
Q Are you married?
A Yes.
Q What is your husband's name?
A Robert Martin.
Q Do you have any children?
A Four.
Q How cid are they?
A No.
A Seventeen,fifteen,twelve and seven.
Q How many are living with you?
A All four.
•Q Are you employed?
Q Is your husband?
A Yes.
1
i.",'Q What is his occupation?I
~A He is in the advertising department at Giant Eagle.!
'~~ii I_______-:"'i._~____________________________1\
11 -~~r-
,----------------
3
•
•
•
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
Would you tell me your relationship to Lucian Miller?
He was my father;he raised me.
Was there any blood relationship?
No blood.
Any legal relationship?Were you ever adopted?
Not to my knowledge.
How old were you when he started raising you?
A year old.
A year old.How long did you live with him?
You mean,consecutive years?
Well,let me ask you this way.Is this your only hus-
band?
Yes.
And when did you get married?
I was around seventeen.
And did you live with Mr.Miller up until that time?
I lived with him,with my father for about twelve or
thirteen years.
You were about twelve,thirteen or fourteen when you
left?
I didn't leave.I stayed in Pittsburgh in order to go
to school and I came out here in the summer until I got
married.
You were born and raised in Pittsburgh?
They lived in Pittsburgh at the time.
When Mr.Miller took you in,where was he living at the
time?
Q
A
Q
A
•
2605~Webster Avenue,Pittsburgh.
How long did you live there?
I really don't know how long we stayed there until he
built this house here in Eighty-Four.
You lived with him thewh,ole time in Pittsburgh?Is tha
correct?
A Yes.
4
•
•
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
Do you ~ecall when he moved out of Pittsburgh?
No,I was quite young.
Was this when you were twelve or thirteen?
No,before then.
Before then?
I was quite young when he built the house and we moved.
I couldn't tell you the exact year.
Can you give me an idea how old you were?
I can't remember.
You were younger than twelve?
Yes.
Were you in school at the time?
Dh yes.
Do you recall what grade you were in at the time?
No.
When did he move out here then?Did he move when he
built the house out here?
When he finished building it.
What did you do at that time?
I came out with him for awhile and then I went back to
A
Q•
•
.,
school.
Q And where were you going to school?
A In Pittsburgh.
Q I mean,grade school--~
Grade school,high school,yes.I graduated.
Did he move out here permanently when you were very
young?
A How young do you mean?
"
QThat's wha~,I ,am trying t9get at"!
~
A Because I don't remember·exactly how old I was when the)
moved out here.
Q 'Well,can you give me a rough idea?Was it six,seven,
eight?
5
MR.SlMMONS :
what?
What do you mean,six,seven,eight
MR.SENTNER:Years old.Approximately how old?
A That's something I would have to~--I would have to
A I stayed with my aunt.
Q And who is that?
A Daisy Addison White.
Q And is she still living?
•Q
find someone who knew me.
Well,who did you live with when he moved out here?
A Yes,but not in Pittsburgh.
Q What is her address?
A She is in Philadelphia,Pa.
Q Philadelphia.How long did you live with her?
A Unil I graduated.
•MR.SIMMONS:
summers.
MRS.MARTIN:
Well,you still came out here in the
I come out here in the summer.I
6
just stayed there in the winter in order to go to school.
Q Was it your decision to stay there and go to school?
A Well,yes.Do you remember when they built the school
out here in Eighty-Four?(.
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Q
A
Q
A
Q
A
Q
A
No.
It hasn't been that long.I remember
when they completed it and the kids had to go quite a
distance on the bus to the school and that was one of thE
reasons I stayed in town to go to school.
Now did you ever live out here in Eighty-Four permanentl)
for a full year?
For a full year,no.
Just in the summers?
Just in the summer months.
When you would move out here in the summer,who would yo\
live with?
With my father.
Q I mean,anyone.else in the household?
A My mother,Mrs.Anna Miller,till she passed.
Q Just the three of you?
A Just the three of us.
A No.
Q Do you recall the last summer that you stayed out at
Eighty-Four?
A Yes.
Q When was that?
A When---Right after she died.I stayed that summer.
After all,by then,I had a family of my own.
•Q Anyone else?
7
,
•MR.SIMMONS:
MRS.MARTIN:
She died.Who died?
My mother,Anna Miller.
Q Do you recall what year that was?
A No.
Q Do you recall how old you were?
A I would have to go and look up the death certificate.
I •Q Can you give an approximation?How many children did
you have at the time?
A Two.
Q How long had you been married?
A Ever since I was seventeen~
Q At that time,how long had you been married?
"
8
A Ever since I was seventeen.
MR.SIMMONS:At which time are you speaking of?
summer you stayed in Eighty~Four?•MR.SENTNER:When your mother died and the last
MRS.MARTIN:I guess I had been married then about
five years,going on about five years.
A At home,working.
Q When is the last time you saw your father before he died?
A The week that he died.
Q Where was this?
And where would your husband be?
So you stayed out there in the summer,even after you got
married?
Yes,in my early twenties,yes.
You·were about twenty~two,twenty-three?
Oh yes,I stayed and took the kids.
How long did you stay after you got married?
As long as I wanted to.
Well,how long would you stay?How long did you want to
stay?
A Like I say,I had a house and husband of my own,so two,
three weeks,sometimes a month.
Q•
Q
A
Q•
A
Q
~A,....
Q
A At the Washington County Hospital in Littl Washington,
•
Q
A
Q
A
Q
A
Q
A
Pa.
I am going to the time,say,the year prior to Mr.
Miller's death.Do you recall the date of his death?
October---I believe it was October 10th.
1971?
Yes.
Now the year prior to that in October of 1970,where was
Mr.Miller living?
The year prior to that?
Yes,the year p~r to his death?
In October?
9
•
MR.SIMMONS:
MR.SENTNER:
From the year prior to his death?
Yes,I am going back.
MR..SIMMONS:Why don't you just ask her were was
he living in October 1970?
•
Q
A
Q
A
Q
A
Where was he living in 1970?
In 1970 he was living in Eighty-Four,Pa.
How long did he continue living in Eighty-Four after tha
time?
If I am correct,correct me if I am wrong,but I---
He has never moved really.
He never moved?
No.
"
,.
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10
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Q Would he visit you often in Pit~sburgh?
A When lie became ill,.very seldom.,t .~
Q When did he become ill?
•MR e SIMMONS:
what she said now.
MR.SENTNER:
are talking about.
MR.SmMONS:
Wait a minute.Let'her finish fitst
."
Well,I want to get an idea when you'
You have already told her.You aske~
her,where was he living in October of 1970.
•MR.SENTNER:
became ill.
Yes,and then she said,when he
I am not going to understand her answer till I
find out when we are talking about.
A Now,before then,when he stopped driving...-..He used
A No,I couldn't tell you that but I could get you the
facts if you want to wait for them.
Q Well,,right now,I just want to know what you know?
Approximately when?
•Q
to come into town quite often and visit me,but after
he had to give up his driving,he didn't travel too
much.
Can you tell me when he stopped driving?
A I mean,I can't tell you and you write it down as a fac •
Q To the best of your recollection,Mrs.Martin.
A About six,seven years or longer,that he wasn't able to
drive~
11 I
•
Q
A
Q
A
Q
A
Do you recall the last time that he visited you in Pitts
burgh?
No,I couldn,t tell you the year or the date or anything
Could you give me approximately how long ago?
Now,when is he speaking about?Prior"""Before---Hl
knows that I took him home with me.
Well,I am leading up to that.Just prior to that time.
Well,I just told him that he wasn't able to drive and
he didn't come in town.
•MR.SIMMONS:Wait a minute.You have got to ask
the question so that she will understand it.
MR,SENTNER:Alright.Ask me if you don't under~
stand the question.I'll be glad to repeat it.
•
Q
A
Q
A
Q
When is the last time he came to visit you at your home,
prior to the time you took him back and prior to his
death?
That was before he had to give up his driving and that
was before his eyes went bad.
Can you give me an approximate year?
No,I don't.No,I couldn't.
Can you tell me approximately how many years prior to hif
•
A
Q
A
Q
A
death his eyes got bad?
Well,its there in black and white,but I can't remember.
I mean,approximately.I don't expect you to pinpoint it
down to the exact year.I understand this ~something
that is hard to remember.
Around ten or twelve years.
Is that roughly when he stopped driving?
I think.I am not even sure.
12
MR.SIMMONS:She said,she thinks.She's not sure.
MR.SENTNER:
•
•
Q
A
Q
A
Q
A
Q
A
Yes,that's all written down.
When did you take him from Eighty~Four to your home after
October of 1970?
In February.
And would you explain to me the circumstances leading up
to that?
What circumstances?
Well,did he request for you to take him to your home?
I asked him to come to my home.
When did you do this?
In February.
MR.SIMMONS:Start from the beginning and explain
how the contact was made and how you happened to go up to
Eighty~Four and take your father back to Pittsburgh.
•
•
•
./
13
MRS.MARTIN:Well,he wasn't feeling good and he w s u]
up in age.He was in his eighties and .I had been asking him f r
a long time to leave Eighty-Four and come in town to live so I
could look after him.He was a very independent man.I even
had suggested getting a senior citizen's apartment.In fact,
it went through and he always said he wanted to stay in his
own place.I finally kept after him and he consented to come
back with me.He called me and told me he was ready to come.
Q This was in February of 1971?
A Yes,.
Q Did you drive out and picknhim q>?
A Now,do you want me to tell you literally,whether I
drove or somebody else drove?But we drove out in a car.
Q And you took him to your home?Is that correct?"
A Do you want,actually,was it my home?
whether he called you,what he said to you.Tell the lawyer
_exactly what happened.Now,don't give ~im'part of the story.
Give him all the story.
•
MR.SIMMONS:
MRS.MARTIN:
Just relate exactly what happened,
Well,he called me after I had been
begging him to come back with me.He finally called and he
told me,he said,"I want you to get a will drawn up for me".
He said,"Because,you are my daughter",and he said---He
had raised me like a father and the only father that I really..
know."And bring the will with you",and that's what I did.
I did just exactly what he told me to do.
14
•
Q
A
Q
A
Q
A
And who drew up the will?
Charles Wilson.
He is a J P?What is his occupation?
He is a notary public.
Did you have the will drawn up before you took it out to
Eighty...Four?
He told me to.
•
MR.SIMMONS:
MRS.MARTIN:
He,meaning who?
My father.
Q What did he tell you---Did he tell you what to put in
the will?
•
A
Q
A
Q
A
Q
A
Q
A
Yes.
What did he tell you to put in the will?
The house.
Did he mention anything about his other daughter?
Yes •
Alberta?
Yes.
What did he say about .A1berta?
He said he had given her a house previous of the marri-
age,in Dorseyville---Not Dorsey---In Georgia some-
Ji,,
where.
Q Did he mention anything about Ida Mae Hunter?
A No.
IS
she is not a natural object of his bounty.•MR.SIMMONS:We object,for the record,because
MR.SENTNER:Yes,she is the granddaughter.
MR.SIMMONS:No,she is not a natural object of
his bounty.She is not a child.
Q Did he mention anything about Susan Wiggens?
•A Wiggems?
Q No,Wiggens.Do you know the name,Susan Wiggens?
Wiggens?
A (No answer)
MR.SIMMONS:We would like to know this,for the
record.Who is Susan Wiggens?
•MR.SENTNER:
MR.SIMMONS:
Well,that's what I am asking~--
Well,she is not a party to this
because,you have Ida Mae Hunter and Menther Lee Martin---
MR.SENTNER:Well,I am asking her a question,
"..•16"i"•
"
Paul,whether she knows Susan Wiggens?..
,......"<,
A I am familiar with Susan,but I am not familiar with the
Wiggens.
Q Do you know the name Susan Wiggens?
A No.
•
Q
A
Q
Do you know a Susan Wiggens?
,-
-~Explain Susan Wiggens to me and I will-~-
No,I want to know if you know Susan Wiggens.
Q You don't know the name?
A I said I am not familiar with the---
who she is---
If you explain
•(OFF THE RECORD DISCUSSION)
Q So you don't know the name Susan Wiggens?
A No,I am not familiar with Wiggens,but can I ask you a
question?
Q Well,I would prefer.that you answer my question first.
You don't know the.name,Susan Wiggens?
she don't know her name by Wiggens.She told you this three•
I-
MR.SIMMONS:
times.
MR.SENTNER:
No,she didn't say that.She says
She hasn't answered my question.
Q
I A•Ii Qi
A
Q
A
Q
A
Q
"•~A
I.
1'1 Q!,l
I:!I~I
i!A
ii~Q
I A'III
Iii QIj~
I A
•Q
1 A
Q
I
A
Q
II Ai"
---~~~i"~=X
I
I
No.
No.
17
I don't know.I can't---
Did you ever meet her?
Yes,I met her.
Where did you meet her?
No.
Did you know of her?
Yes,just of her.She---
She never lived in the same house as you?
__~'_~__.-
At the house.
you when you were a child?
You don't know?Do you recall growing up with a Susan?
No.
She didn't?
Did Mrs.Williams,Alberta Williams,did she live with
Do you know who Susan Wiggens is,yes or no?
I can't answer you yes or no,when I am not familiar with
Wiggens.
You don't know the name Wiggens?
That's right.
She,to my information,is the daughter,the deceased
daughter of Lucian Miller.Do you know a Susan?
I know a Susan,yes.I knew a Susan.
What was her relationship to Lucian Miller?
Well,its down as his daughter,isn't it?
What was her last name?
A
Q
II
•
•
•
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
Which house?
Eighty-Four and when I was small,we went to Georgia and
I seen her there.
How many times did you see her out in Eighty-Four?
About three.
Did you know her relationship to Lucian Miller?
Dh yes.
What was her relationship to Lucian Miller?
She was his daughter.
Did you ever see her in Pittsburgh?
Yes.
Where in Pittsburgh?
She was visiting some of her relatives.
Did you know where she lived in Pittsburgh?
No,I didn't.know she ever lived in Pittsburgh.
I am going to get back to what we were talking about whe
you took Mr.Miller to your home.Did you take him to
your home initially in February of 1971?
Right.
To your home?
Yes.
And how long did he live with you there?
He---I put him in the hospital.
Well,did he live with you at your home for any length
of time?
No.
You took him directly to the hospital?
18
20
A Because he was ill.
Q I mean,how was he ill?
A He couldn't-walk.
Q Was he having pains?
A No,not to my knowledge.•Q How did you take him to the hospital?By car?
A No,by ambulance.
Q By ambulance?
A Yes.
Q How was his eyesight at that time?
A The same.
Q How was that?
A He could see.•Q How well could he see?
A He could read.
Q He could read?
A Yes,sirght.He wrote all his receipts,took care of al
his business.
Q By himself?
A By himself.In fact,he told me what to take care of
while he was in the hospital.
•Q How long did he stay in the hospital?
A Dh,roughly,about thirty days,maybe more.About a
month.
~Do you recall what he was treated for there?
A He had impaction.
Q Would you explain that,please?
I:------t-------------------------r--J
I
A
Q
A•
That's sort of like a severe case of constipation but
·it get real bad and he tore the or one of the small
blood vessels in the rectum and he lost a little blood
but that's all.
What caused him to not be able to walk?
This was---Now,you would have to talk to Doctor
Lucia.
Q To your knowledge,that's a11---
21
MR.SIMMONS:She's not a doctor.
A
Q
A
Q
A
Q
A
Q
A
••
•
I can't tell you.He didn't---He said he couldn't
tell me but he walked out of there •
He walked out?
Oh,yes, yes.
Where did he go?
I took him to a nursing home.
Where is that?
At Mrs.---I took him to Mrs.Martin,Gertrude Martin
no relation to me,in Wilkinsburg.
Was this a private nursing home?
She ran a nursing home.It was recommended by the hos-
pital.The social worker at the hospital recommended
it to meo
Q Did he want to go there?
A He was willing to go anywhere I suggested.
Q How long did he stay at the nursing home?
A
Q
A
Until he was strong enough to go home.
How long?I mean,time wise?How long?
I guess,around three months.
22
Q Three months.
A Yes.
Q And where did he go from there?
A Home,to his home.
Q And you took h~back?
A I took him back.
Q Do you recall what month this was?
A No,I know it was in the spring of the year because I
didn't want him to go back in the winter.
Q In the spring,and it was 1971?
•A Yes.
Q Was it his desire to go back to Eighty~Four?
A It was his desire to go back to Eighty~Four.
Q
A
Did you want to keep h~with you?
I wanted to keep him near me because he was up in age.
Q Did he have any problems with memory,understanding---
A No.
Q Do you know any other man by the name of Lucian Miller?
Q Is he the only Lucian Miller that you know?
A Only Lucian Miller that I know.
Q Hi is the only Lucian Miller that you know?
A Right.
•A No •
Q Now you said that he called you on the phonce from
-,:-23
Eighty-Four and asked you to come out and bring a will?
A Yes.
Q And you went down and had a notary public draw up a
will?Is that correct?
•
•
•
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Yes.
And where was the will signed?
There at his home.
In Eighty-Four?
Yes.
Who was present?
Mrs.Alverta Simpson.
Alverta?
Yes.
And who is she?
She is my sister-in-law.
And who else?
Reverend Martin.
And who is he?
My husband.
Oh is your husband a minister?
Yes,but he works.
Anyone else present?
No.
This was at his house in Eighty-Four?
Right.
Do you recall when this was?
You mean,the time of day or the date?
"
"..,
24
A Yes.
".
•
Q
A
Q
A
Q
~\
The date,the day ,o'f.the month or the month?
It was in February.
In·February of 1971?
lese
Is that correct?
•
Q You had the will prepared when you---
A He called me and told me to get it prepared and bring it
there to him and I did just what he told me and he told
me just what to put in the will.
Q Did he read the will before he signed it?
A Oh yes.
Q He was able to see well enough to read the will?
A
Q Do you know what an executor is,of an estate?
A Executor?I am beginning to get familiar with it.
Q When this will was drawn up,who put the language in the
will?
A The person who drew it up_
•
MR.SIMMONS:
MRS.MARTIN:
You mean,Wilson?
Charles Wilson drew it up.
Q And who named the executor?Who gave him the informatio
as to the executor?
A I gave him the information the way my father told me to
"
--_._-------------
25
put it.The way he worded it;he did that.You know---
Q He put Lucian Miller as the executor?
A I don't understand that.
MR.SIMMONS:
thing up?
MRS.MARTIN:
In other words,Wilson typed the
Right.
A
Q
I •
Q And you gave him the information?
A Yes.
Q You say your father,Mr.Miller,read the will before hE
signed it?
Yes.
Did he say anything about himself being named the execu-
tor?
A No,he didn't say anything.
Q And this (indicating)is his signature?
A Yes.
•
Q
A
Q
A
Q
A
Q
What happened to the will after he signed it?
He told me to hold onto it.
You took it back to your home with you?
Right.
Do you recall being at a picnic at Eighty-Four,at your
father's place in July 1970,July 4th 1970?
What kind of a picnic?
At a family gathering on July 4,1970?Do you recall
nics.
=======*I!==========================j,26J!Iii
II)being there?
:i I
i A What circumstances?We have been at alot of family pic-l
I
Well,do you recall being there when a Mrs.Alberta
Williams and Mrs.Ida Mae Hunter were there?
Yes.
Do you recall talking to your father as to what would
happen if he should die?
A No.
Q You don't recall that?
A No.
Q
•!I~:A
Q
Q Do you recall being at the picnic thought?
A I was out there,but I don't know the date and I can't
Yes.
Mae was there?
even swear if it was July the 4th•
that he wanted the will made up,did your father ever
iDoyourecallbeingthereatafamilygatheringwhenIda'.
iI
.\i'II,I'IIIIIl
say anything as to how he wanted his property disposed o~?
He told me he wanted me to have it.
Does he live near your father?
Prior to your father signing this will and telling you
To have everything?
Everything.
Do you know a Mr.Green in Eighty~Four?
Yes.
Yes.
Q
Q
A
Q
A
Q
A
Q
A
A
I:
I
•
27
•
Q
A
Q
A
Q
A
Q
Do you ever talke to Mr.Green---
Not about my father's business,no.
Did you father have any other property besides a home in
Eighty-Four?
The only thing that I can tell you is that he said he hac
a home in Georgia that he had previously given to Mrs.
Williams.
Well,in February of 1971,do you know of any other prop-
erty that he owned?
Besides Eighty-Four?
Besides Eighty-Four.
•MR..SIMMONS:
that.
Well,he had furniture and stuff likE
Did he have any money in the bank?
Not to my knowledge.
Did he have any stocks or bonds?
Not to my knowledge.
Did he have furniture?
A
Q
Yes.
Do you have any idea of the approximate value of the
property in Eighty-Four?
No.
What is the status of the property today in Eighty-Four?
Is anyone living there?
A Yes.
Q
A
Q
A
Q
A
Q•
---------------------------t'!'
'I
.\28
Q Who ~s living there now?
A Mr.and Mrs.Kelly.
Q Are they renting?
A Yes.
•Q
A
Who is collecting the rent'on that?
I am.
•
Q And how much is the rent?
A .Sixty a month.
Q How long have they been there?
A About two months,just two months.
Q Do you know whether or not there are any judgments or
liens or any encumbrances against the property?
A No.Can I tell him why?
MR.SIMMONS:
know?
MRS.MARTIN:
If you don't know---Or do you
I don't know.
Q You don't know whether there is or isn't?
A No.
•Q
A
Q
A
Do you kno~whether or not the mortgage is paid?
The mortgage on the house?
Yes.the mortgage on'the house.
I believe it is.
Q Whose name is the property in today?Whose name is on
the deed?
,:,'-,
-~
•
I'
MR.SIMMONS:
Milk.
MR.SENTNER:
MR.SIMMONS:
MR.SENTNER:
know.
MR.SIMMONS:
No,no, no.It would be Lucian
Well,that's what I am asking.
Well,she wouldn't know this.
Then she can tell me she doesn't
Its a,matter of record.You can
29
find out for yourself.Its not proper for a deposition.
Q You mentioned before that,he quit driving because his
eyes were going pad.And aPRroximately when,you say,•
A He had Social Security,I guess.I imagine.
Q Do you know of any other income he had?
A He had a pension.
Q From whom?From where?
A The blind pension.
Q Did your father wear 'glasses when his eyes started to
fail?
•
•
Q
A
A
Do you recall what income JOur father had?
To my knowledge,he has always 'worn glasses.
.you don!t ,know?.
'\1 ~j../
Yes,but you didn't ask"me'why.
Q Why?
\..
.'
,
•
!IHl A
Qi
"
!A
Q
A
Yes.
Do you want to answer why?
He got cataracts on his eyes and it changed his vision,
but he could still see.
Was he treated for these cataracts?
Yes.
taken off in the Little Washington Hospital.
I think the
Q
A
Who was the doctor?
I don't know.He was treated---
sure.
cataracts [was
!
I am not !
Ii
Q Did he have a family doctor?Did he have a personal doc
tor that he went to?
name.
Q Other than that doctor,did he have any other doctors
I am not talking aboutlocallythatwouldtreathim?
his eyes necessarily;generally speaking?
I don't know.I really don't know.
Do you recall him being in the hospital prior to Februar
He had one and he passed away and I don't remember his
Did he have a family doctor,a personal doctor?Q
A
Excuse me.Did you say the cataract1 w
were removed from his eyes later?
,I
Yes,in Little Washington Hospital.I
!IIl
!
MRS.MARTIN:
MR.SIMMONS:
•
•
"31
•
A
Q
A
Q
Now,you have to explain when,because,naturally he
was in the hsopital for the cataracts.
And when was that?
I don't know exactly the date or year.
Do you have any idea when?
MR..SIMMONS:She said she didn't know.
•
Q
A
Q
A
Q
At any other time,do you recall him being in the hos-
pital?
I don't know the year or the date.He's been in the
hospital.
Well,say,in the five years prior to his death,do you
recall him being in the hospital?
In five years.I don't recall whether he was.
You don't recall whether he was or whether he wasn't?
MR.SIMMONS:
MRS.MARTIN:
Except for the cataracts.
Except for the cataracts.
•Q Was that within the last five years?
MR.SIMMONS:And remember,that's up to the time
that she took him to Pittsburgh and put him in·the hospital.
~A I can't say for certain.I wouldn'tilven commit myself-------ll---------------------------------+---I
----_._----------------------
MR.SIMMONS:Wait a minute now.
ing about the five years prior to his death.
about the---
You are not talk~
You are talking
! •
•
MR.SENTNER:Paul,the question I asked her was,
whether or not---Other than the fact that he was in the
hospital in February and in the hospital for the cataracts,wa~
he in the hospital five years prior to his death.That's my
question.
MR.SIMMONS:Alright,but your question,the way
you put it,is not proper because he was in the hospital afte~
the first period of hospitalization in February and then at
the time of his death,he went to the hospital.Is that~ue?
•
MRS.MARTIN:
MR.SIMMONS:
MR.SENTNER:
MR.SIMMONS:
explain it.
Yes.
But the way you put it---
Well,she can explain that away.
She'll not explain it away;she'll
MR.SENTNER:The question is proper,Paul.Now,
I am asking her the question.I would prefer that she would
answer it.
MR.SIMMONS:Wait a minute.The question is prop-
33
•
er,but the way it was phrased,it was phrased in such a way,
it was misleading.You are talking about the hospitalizations
up to the time he went to Pittsburgh.That's what she thought
and---
Q Alright.Let me rephrase the question.Up to the time 0 f
of hi his death,except for the time he was in the hospital at
his death.
A Yes.
Q Forgetting that,
•MR.SIMMONS:
MR.SENTNER:
MR.SIMMONS:
And the time---
Paul,let me ask the question please.
Alright,go ahead.
•
Q Except for the time in February that you have already ex-
plained,well,except for ~hat time,was he in the hos-
pital within five years prior to his death?
MR.SIMMONS:Now,we object again,because you
have now shifted your question.
MR.SENTNER:I didn't shift my question.I am
.-
34
rephrasing---
and you will see how it is shifted.
•
MR.SIMMONS:
.MR.SENTNER:
Yes,you did.Let her read it back
I am rephrasing and I want an answer
to.that question.You argued on the question and I rephrased It.
MR.SIMMONS:Let me say this to you.Its a simpl~
•
thing to ask a simple question,in the right way.The man was
in the hospital in February and he was in the hospital the sam~,
year at the time of his death.Now,other ~han those two hos-
pitalizations,when was he in the hospital.That's the ques-
tions you should be asking.
MR.SENTNER:Within five years~--I am talking
about within five years prior to his death.
MR.SIMMONS:And other than those two hospitali-
•
zations and other than the cataracts,as she has already told
you.
MR.SENTNER:No,I,want to know whether or not
•·that ~as in .the last fiveyears.-When he was in the hospital
for the cataracts.
MRS.MARTIN:
•t
,".-....
I don't know.
II
No.
I don't know the time.I could give you approximate.
You don't know if it was in the last five years or not?
You don't know?
You don't know if he was in the hospital for anytling
else in the last five years,other than the cataracts,
assuming that that was in the last five year?
A I am not sure.
Q
Q
A
Q
A
•
MR..SIMMONS:Well,if you are not sure---
Yes.
You say that he couldn't see to read?
can you give me his physical condition?
permitted to drive because of the cataracts.
that he lived by himself and he okayed that he was well
The doctor okayed him to go home and the doctor knew
!
I didn't say that.)1
I'm sorry.You said he could see to read,but he wasn.J
I
!
!,IiI:Now what was his physical condition after he got out of Ii
the hospital,when he was in in February,and he got oui.
!~~~
Okay,you don't know?
No.
A
Q
A
Q
A
Q
Q
A•
•
"'I
,!~~----~_-e-_~~~r
.1
Q
A
enough to go home and take care of himself.
Now when he went home in the spring of '71,and you
he stayed by himself?Is that correct?
Yes.
36
Q When he went home,he stayed by himself here in Eighty~
Four?
A Yes.
•
•
•
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
it
Did you visit him at any time,from the time you dropped
him off in the spring of '71,until the time of his deatl?
Yes,I did.
How many times?
I don't know exactly.
Roughly?
I don't know.On the weekends,I would come out and do
his shopping.
Every weekend?
No,he didn't need it every weekend.
Approximately how many times?
I really don't know.
I mean,in other words,we are talking about an approxi~
mate six~month period,I presume,from spring until
,
October?
Yes.
Could you give me the approximate number of times you
visited in that interim,in that period of time?
No,because I couldn't count the times.
Was it a dozen?
Should I say a dozen?
No,I don't want you to---
A I don't know.But if I say I don't know,you are going
A If I say twel~e.times,then you'll say,just twelve times.
But I don't know exactly.
•
'I
Q
Q
A
to say,well,can't you count.
Well,I am asking for an approximation.
You know it was a number of times?
It was a number of times.
37
Q Was it approximately once a month?
A It was a number of times I cane out and shopped.
MR.SENTNER:That's a big number.
Q Was it approximately once a month?
•A It was a number of "times.
MR.SENTNER:
MR.SIMMONS:
MR.SENTNER:
Well,see that's not an answer.
She knows it was a number of times.
That's not an answer,Paul.I mean
on t~~ftand,you know aa~n well she couldn't get away with
...~4 .....r"..
~that.I could sit there and badger her for an hour.•.I.".jt
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MR •.SIMMONS:
,
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.
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littl~b~t.Now\y,0u want her to tell the truth and she didn~
••"t ','- .
count the times,each time---·
•
38 I
MR.SENTNER:Well,she thinks that if she doesn't
know the exact number of times,she can't give an approximatio~.
I understand that you can't make an exact---
MR.SIMMONS:Well did you come out three times a
month,two or three times a month,on the average,as near as
you can recollect?
MRS.MARTIN:
that.
Oh two,three times a month.About
•
•
MR.SENTNER:I realize that you can't remember th~
exact amount of times.I don't expect you to remember the
exact---
MRS.MARTIN:Yea,but I don't want you to hold me
to no exact amount of times.
MR.SENTNER:Nobody's going to.I am asking you
approximately,to the best of your knowledge,was it once a
week,once every other week.That's all.I am not trying to
pin you down to an exact figure.I can't do that.
Q Now,during this period of time,how was his health?
MR.SIMMONS:Which period?
39
MR.SENTNER:The same period we are talking about,
between spring of '71 until his death.
A
A
Q
Q
What was his health like?
He seemed good.In fact,I was marveling at the way he
was carrying on by himself.You know---
Did his health start failing in that period of time?
You mean,did I see any signs of his health failing?
Well,in other words,why did he go into the hspital?
The last time?
He became ~ick.
And when was this?
In October.Wait a minute,in September.No,it was
,around September when he took sick,and I took him back---
How long prior to his death,in a matter of weeks,apprc~-
imately?
Approximately two weeks,two.
Do you recall what type of sickness?
You mean---
What were his symptoms?In your own words,I realize you
are not a medical doctor.In other words,when somebody
gets sick,you say,they had a heart attack;he had a
cold;he had pneumonia.Can you give me an answer to
that?
A He couldn't walk again and we thought it was a reoccurr-
ence of this other illness and he was taken to the Wash-
Q
A
Q
A
Q
Q
A
Q
A
•
•
•
40
Q
Q
A
Q
A
Q
A
Q
A
ington Hospital by his own request.
And what did he die from?
According to the death certificate?
Well,according to what you know.
Well,when I talked to the doctor,he said that as far cs
he could see,it was pneumonia.
And did you visit h~in the hospital?
Yes,I did.
How many t~es did you visit h~?
The first week,I went every day and the doctor---ThE
second week,he said---He knew I lived in Pittsburgh
and he said,"Just come when you can".He said,"Becau~e
we are doing everything we can".
Do you ever recall your father telling anyone that
Alberta Williams'name would be put;:on the deed to his
property in Eighty-Four?
A No.
Q .Do you ever recall your father telling anyone,you or
someone else,that he wanted his property to pass to
you,Mrs.Williams,and Mrs.Ida Mae Hunter,three ways~
•
•
A No.
•Q
A
You never heard that?
No.
Q Do you know an Addie Simmons?
A Yes.
Q And what is her relationship to Mr.Miller?
A Niece.
QI
Q She is a niece?
A Yes.
Q Did she visit him often?
A When?What do you mean?
At any time?Say,within the last two years?When yo\
were there?
A I don't know how often she---I don't know,to my know·
ledge.
Q Did she visit him in the hospital when he was on his
deathbed?
A In Washing~on?
41
Not to my knowledge.
j Yes.1 4 _.'.,
Q N~t when ,Y9u were there?.
I·~..•
A .Bht,.she,did visit hini.in.Pittsburgh;'yes.
Q Did she visit him at ~he nursing home?..,•
A Yes.
Q Did you have any idea how often she would visit him?
A No.
Q Did your father ever express his feelings about Alberta
Williams to you?
Q About the house in Georgia?
A Yes.That's the only thing.You know.
Q Did he ever express his feelings about Ida Mae Hunter?
A No.
Q Did you know Ida Mae Hunter well?
,A Only what I told you.
II ----ir --~~-
A Not well.I knew her.
I
Q You never lived with her?
A No.I Q At any time?i A Not at any time.i•I
MR.SENTNER:That's all the questions I have.
* * * * * * *
Examination by MR.SIMMONS:
,Q Did Ida Mae Hunter,in his last illness,did she know
MR.SENTNER:
MR.SIMMONS:
Ida Mae Hunter?that he was sick?
ton,Pa.?
!
"Oh yes,.I called her when he was in the Pittsburgh hos-jl
~pital,just about every day.~
Did Ida Mae Hunter,at any time,ever visit him in Pitts~
11burgh?Ii
No.I
And did Ida Mae Hunter know about his illness in WaShingt
II
i
Now,Paul,this is the deposition---i
II
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Yes.
your deposition.
A
A
Q
A
Q
•
•
'43
MR.SENTNER:Now,wait a minute,Paul.First of
all,these questions have no foundation,whether or not she
knows if Ida Mae Hunter knew of his sickness or not.
•MRS.MARTIN:
her.
I called her.I called her and told
Q Then did Ida Mae Hunter know about his last sickness in
Washington?
A Yes.
Q Did she know about his last sickness in Washington?
A Yes.
Q Did she know about his last sickness in Pittsburgh?•A Yes.
Q Did she,at any time,visit him?
A No.
Q Did she come to his funeral?
A Yes.
Q Now what about Alberta Miller Williams,did she know
about his last illness in Pittsburgh?
A Yes.
•Q Did she know about his last illness in Washington?
A Yes.
Q Did she ever visit with him?
A No.
Q Did she come to his funeral?
No.A I
I I-------4+-1 --------------------------------11---,
I
I
MR.SIMMONS:No further questions.
* * * * ** *
•Re-Examination by MR.SENTNER:
Did you call Mrs.Williams?
I have the telephone calIon my bill,where I called hell
You 4id ~all her?
On my bill where I called Savannah,Georgia.
When?
Q
A
Q
A
Q
A
A
Q
.I called---
I mean,prior to Mr.Miller's death?
When I brought him home,I called her.Whm I put him in
the hospital,I called her.I kept her posted on his
condition.When I took him back home,she knew it.Whe~
he was placed in the hospital in Little Washington,I
called them.
Q Do you recall the last time Mrs.Williams was here in
•
this area?
A No.
•Q Do you recall the last time you saw Mrs.Williams?
A Yes.
Q When was that?
A At this picnic.
Q Do you recall what year that was?
A The same year of the picnic.What year did you say?
,
I
45'
What did Mrs.Williams say to you?
Well,I said 1970,but you weren't sure.
Well,whenever it was,that's the last time I seen her.
Does it seem reasonable?Does it seem like two years
ago?
A Yes,that's the last time I seen her.
Q
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A
Q
•
A Well,it wasn'tffunny.I felt---I was pretty---I!
II
called from the hospital in Little Washington and I I
called Savannah,Georgia,and I told her that our fathe~
wasn't doing too good at the time.I was giving her th~
Ireportthatthedoctorhadgivenme.I
•
MR.SIMMONS:This was the last one,illness.
MRS.MARTm:
am leaving everything in your hands and you'll have to take
And she says,'~ell,you know,I am not doing wellington.
Well,I can tell you about the firs9
I'
But this is the last one I am talking about in Was~-
~
!
myself and I can't come up there and take care of Daddy,so I l
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one too.
•
care of Daddy because I know you'll know what to do for him".
And then she proceeds to tell me,that if he should die,"I
won't be coming to the funeral,so you just take care of
thing".
No.
And did she come to the funeral?
IiI'll~:I MR.SIMMONS:
~I:~I!~i.;i~J:MRS.MARTIN:
;1:
Iii._--~---~_._-----------~-------------~
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MR.SIMMONS:
MRS.MARTIN:
or a telegram.
She didn't?
No,and she didn't even send a floweI
46
Q And did you,at that time,tell her that your father had
made his will?
A I don't know.
Q Did you,at any time,tell her?
A Yea,I did tell her.
Q Prior to your father's death?
A I don't remember---
•Q Before his death,did you tell Mis.Williams about the
will?
A It was never brought up,to my knowledge.
Q Well,did you or didn't you tell her?
A No,I don't think so.
•
MR.SENTNER:That's all.
* * * * ** *
DEPOSITION CONCLUDED:--------------------------------------
.,
I hereby certify that on the 7th day of September,1972,
at the Office of Fred J.Sentner,Esquire,950 South Central
Avenue,Canonsburg,Washington County,Pennsylvania,the
deposition of MENTHER LEE MARTIN was taken in shorthand by me
and subsequently transcribed.
I further certify that the proceedings and evidence are
contained fully and accurately in the notes taken by me and
that the foregoing ,transcript of the said deposition is a true
and correct transcrip~of my stenographic notes taken at that
•••.'>t1.~e.-'.
I'
47
•
STATE OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS:
•
I,LOIS L.MOWL (STEWART),a Notary Public duly commiss
ioned and qualified in and for the County of Washington,Stat
of Pennsylvania,do hereby certify that there came before me
the 7th day of September,1972,MENTHER LEE MARTIN,who was b
me duly sworn to testify to the truth concerning the matter i
controversy in this cause.
INWITNESS WHEREOF,I have hereunto set my hand and
affixed my notarial seal this 16th day of September,1972 •
•
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANI~
ORPHANS'COURT DIVISION
IN RE:ESTATE OF LUCIAN MILLER,)
(No.63-71-1156
Deceased.)
RECORD OF PROCEEDINGS HELD IN THE
ABOVE CASE BEFORE THE HON.RICHARb
DI SALLE,SPECIALLY PRESIDING,ON
FRIDAY,JULY 20,1973 and TUESDAY,
JULY 24,1973..
APPEARANCES:
John McIlvaine,Esq.,representing
Menther Lee Martin.
Fred Sentner,Esq.,and David L.
Gilmore,Esq.,representing Mrs.
Alberta M.Williams and Ida Mae
Hunter.
Lodged in the Register of Wills Office:
'71Iwr Wt//I?J
Rose M.Paci11a
Official stenographer
Court Room·No.3
Washington,Pa.
I
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INDEX TO WITHIN TESTIMONY
EXHIBITS:
.Exhibit A -.,.Letter
Exhibit B --Will
Exhibit 1 --Letter
Exhibit 2 --Thank you card.
2.
MR.SENTNER:Your Honor,
this is the time and place set for the hearing in the case of
the Estate of Lucian Miller,deceased,at No.63-71-1156,
which involves a will contest,Your Honor.
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status of this proceeding?
probate?
What's the
Has the will been accepted for
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Your Honor .
Yes,it has,
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g represent?.,
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And whom do you
Mae Hunter,who is the gran~da~ghter of the decedent,Your
I represent
Mr.John McIlvaine represents the beneficiary of the
MR.SENTNER:
Honor .
will,one Menther Lee Martin.
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~Mrs.Alberta Williams,the daughter of the decedent and Ida
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MR.MC ILVAINE:For the
record here,I should enter my appearance in this matter.
This case was originally one of Judge Simmons and now he is on
the bench and I'm handling the matter here.
3.
THE COURT:Yes,I think
the record should show that I'm specially presidi~g here
because it would be an obvious conflict for Judge Simmons to
sit on it.
to that,a Citation was filed on a Petition of Alberta Miller
(1)Whether or not at the time of execution of said writing
will in this matter'was entered for probate and was accepted
and on January 18,1972,letters of administration were grantea
Williams against Ida Mae Hunter and Menther Lee Martin.Th.i~
Subsequent
Your Honor,
Those are the three issues that are
and deceit practiced upon the said decedent by Menther Lee
(3)Whether or not the said writing was procured by fraud
presented here today,I believe.
Martin and others.
influence,duress and constraint practiced upon the said
decedent by Menther Lee Martin and others;
the decedent was a person of sound mind;
(2)Whether or not the said writing was procured by undue
MR.MC ILVAINE:
was filed on March 27,1972 and alleged the following:
to Menther Lee Martin,Administratrix,C T A.
maybe I can throw some light on the proceeding here.The
e
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THE COURT:Okay.Are ther
some matters that co~sel can stipulate to?I see Paragrap
one of the Petition for Citation filed by Mr.Sentner says
l
4
that Lucian Miller died on October blank,1971,a resident
of Washington County,leaving to survive him as the persons
entitled to his estate under the intestate laws:A~berta M.
Williams,daughter of the decedent and Ida Mae Hunter,
granddaughter of the decedent.
Is that agreed?
MR.MC ILVAINE:
a fact.
I think that's
THE COURT:Paragraph two
of the Petition:That the petitioner,Alberta Mil~er Williams
is a party in interest in the estate of the decedent,entitled
as daughter to a one-half (1/2)interest under the intestate
laws.
If he died
intestate,she would be entitled to a one-half interest,is
that right?
MR.M.C ILVAINE:
a correct statement of the law as it reads,
THE COURT:
Yes,that's
Paragraph three
Th~t a certain writing alleged to be the last will and
testament of said decedent and purporting to have been execute~
I
5.
on February 8,1971,was admitted to probate on January 18,
1972,and letters C T A thereon were granted to Menther Lee
Martin,administratrix.Is that stipulated to Mr.
McIlvaine?
Honor,on paragraph two however,I think I'm going to have to
two,it says the petitioner is a party in interest.
that she isn't.
deny the statement as it is put down here.
We say
YourYes.
NOW,in paragraph
~MR.MC ILVAINE:
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note that reservation and come to that I presume,in due cours~.
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THE COURT:
MR.MC ILVAINE:
Then we will
The law says
a daughter,if she is entitled to something,would be entitled,
under these circumstances,to one-half interest but we cannot
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agree that she is a party in.interest.
THE COURT:Paragraph four:
That on March 3,1972,your petitioner filed her appeal from
the decree of the Register and duly entered the security
required by the Act of Assembly;and the record of proceedings
before the Register has been duly certified to your Honorable
Court.
I presume that
.-----------.,----
Direct -Albe.rta Williams
6.
':
is stipulated to.
MR.MC ILVAINE:·
March 3id,is that the date it was filed?
The date of
The date of the
Citation is March 27th.
THE COURT:
I assume that's the right date.
Do we have the
exact date of death of Mr.Miller?
MR.MC ILVAINE:
October,1971.
THE COURT:
The 10th of
All right,the
first four paragraphs,subject to the reservation made by
Mr.McIlvaine,with respect to paragraph two,will be admitted
as part of the.evidence of this case.
All right,
let's proceed.
ALB"ERTAMILLER WILLIAMS CALLED AND SWOR,N.
DI'RECT EX~INATION'BY MR.SENT~ER:
Q
A
Q
A
Your name is Alberta Miller Williams?
Yes,sir.
Mrs.Williams,what is your present address?
137 Miller Street,Savannah,Georgia.
--------tl-----------------------~f__~
Q'
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Q
How long have you lived there?
I went there in '36.
Pardon?
7.
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I went there in 1936,to Georgia,Savannah,Georgia.
From where?
Macon,Georgia.
Have you lived in Georgia all your life?
Yes,sir.
You have never been a resident of Pennsylvania?
No,no more than when I was visitin'my father.
And your father is the decedent,Lucian Miller?
That's right.
Where were you born?
In Wilkerson County,little place called
Tombsborough,Georgia.
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And the date of your birth?
February 18,1906.
That would make you 67?
I will be 68 this February I hope•
How long did you live with your father?
My first marriage was when I was 15 years old,
October 23rd.
You lived with your father up until that time?
Yes.
The first 15 years of your life?
Yes,that's right.
8.
Q And your father lived in Georgia at that time?
A Tombsborough,'Georgia.
Q Did he subsequently move to Pennsylvania?
A In '26 he came to Pittsburgh,Pennsylvania.
Q And you didn't move with him,is that correct?
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No,sir,I did not.
THE COURT:Your father is
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mother and I did that.
about four months,he wrote for me to send my
That's right.
Did your mother move to Pittsburgh also?
After he was here
Lucian Miller?
Not at that particular time.
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And when did your mother die?'
In '33.
And did your father subsequently remarry?
Annie Miller,yes.He married a woman by the name
of Annie Miller •
Q When was that?
A It was in '33 because he married her shortly after
my mother died.
Q Do you know how old your father was when he died?
A 88 years old.
Q From the time in 1926 until your father died in
-----------..------~
A
9.
1~71,did he remain a resident of pennsylvania?
He visited back home twice I think it was but he
lived in pennsylvania.
He lived in pennsylvania,in and around Pittsburgh,
is that correct?
That's right.
Did you have occasion to visit him during that
period of time?
From '27,every year or every other year,I came to
pennsylvania to vi.sit my father until year before
last and I was struck with arthritis in my knees.
Would you ever come to visit him more than once
a year?
Yes,I have been here as high as twice a year.
In 1964 I came 'here twice.
During this period of time,what was the relationsh p
between you and your father,the social relationship?
Did you get along well?
I was always his daughter and he my father.We
done well.
What did he call you by?
He called me Trick.
Would you spell that?
T RIC K.
Is that a nickname?
Yes.
10.
Q How long has he called you by that name?
A All my life.That's.all I ever heard him call
me.
Q Did you communicate with your father when you were
living in Georgia since 1926?
wasn't,himself because I had been here when he
At least three times per month and if he had
I wanted to clean up the house.
And how would you communicate?
At times he just
and then I would call him by telephone.
Do you recall in what year his condition started to
Well,for the past five or six years I would say,
let's say in 1969?
How often would you call h~m?
I wrote him until he got where he couldn't write
Yes,sir,I certainly did.
Now,what was your father's physical condition
ordered me out o;f the house and I told him to wait,
anything he wanted to tell me within that time,he
would get the operator to get me.
of his life,.it was bad.
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'fail?
A First I remember was '64,real bad.
Q What happened that year?
A He had two operations.One was on the 8th and the
other on the 12th of June.
11.
Q Operations for what?
A I forget what you call it now but some kind of
stone that was growing in him.
Sure.
me he couldn't see out the other one at all.
1969?
No,sir,I can~t but my cousin can because he was
I believe that's what it was,a burn
How was your father's eye ·sight?
Would you explain to the ·Court the circumstances
period of time?
in his back from a heating pad.
And did you visit with your father at all during th~t
I came up one day and I went back that same day.
Do you know what he was there for?
For a burn.
right here.
Do you recall your fath~r b~ing in the hospital in
Can you give us a rough estim.ation how long prior
to his death he started having vision problems?
Do you recall when his eye sight started to fail?
Well,one eye he could see just a little and he toll
I see.
Well,I don't h~ve that in figures,~o,.1 don~t.
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surrounding why you came up and why you went back?
A Because it was snowing,snow everywhere and as my
cousin said,th~house was shut up,the electricity
was off,the telephone was off and no heat out ther~
12.
and I had no way of going back and forth from
Eighty-four to little Washington Hospital.
Terrible.
his back.
And how was it?
at that time?
Did you visit him in the
Whatever Medicare runs,over three
That's where I went.
time?
Three months.
What was his condition at that time?
Do you know how long he was in the hospital that
He could sit up on the side of the bed and show me
hospital?
When you carne back,di.d you corne back to visit your
Sure.
to see him.
·got
Because I had the message that he/burned and I corne
What was the reason for your traveling to this area
father at that particular time?
You carne to see h~m.
No,I didn't.
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months I had to pay for 10 days I think it was.
He stayed three months and 10 days.
Q Did you have occasion to visit him after that time?
A Yeah.
Q When was that?
A Summer before last.
Q
A
Q
A
Q
This would be,you mean the summer before he died?
Yes.
Do you rec'all what year that would have been?
In July,and we had a cook out in the yard.
Where was this?
Out here in Eighty-four,.to his house.
And this was the year prior to his death?
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the'year?
Do you know what year it was?
!70 ,.was it?
Well,if you recall Mrs.Williams.
It must have been '70.
What was the year of his death?
'71.
Yeah.
TH;E COURT:
Did you establi h
So the 'last
A Alive,yes.
period.
time you saw him was the summer
of 1970?
That's the last time I seen him,
Q An.d who was at this cook out in July of 1970?This
14.
was at Eighty-four,at your father's house?
A Yes.
Q Who all was there?
A I know a lot of people here from GeOrgia and I had
them all up there.Mrs.Martin was there,Mr.
He called me,my niece and Miss Martin to the bench
Did you h~ve occasion to have a conversation with
pennies left,each of us will have a penny apiece.
hOuse and he told Menther L'ee to go get them.She
IIlaughed.
He says I'm serio IS.
He had three pyrex dishes in the
There was 'about 25 or 30 he.ad of us
indication of his intention at that time?
the opportunity to bury you,if there is three
No,he didn't.
He said that's.my girl.
Did he say anything that would give you any
said you ain't goin'no place.
there.
where he was si,tting and he said I want to hear frotl
I says well Daddy,I promise you this,if I have
children.
you what would h~ppen when I go.
Martin,Mr.Deese was there,Mrs.Hunter and her
your father th~t day?
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went in the house and brung out the three pyrex
bowls.He gave me one,~rs.Martin one and Ida
Mae one.That's.what he give us that time.
Q Did he say why he gave those to you?
A
Q
A
NO,he didn't.
Do you know when the lapt time -you teptified you
would communic?te with him by mail,is that correct
Until he got to where he couldn't see and then I
called him.
Did he write back to you?
Sometimes.
Do you recall the 'last time you received a letter
from him?
I don't remember the date.
15.
Well,approximately the year?
I don't remember the year even.You might have
it.I believe 'I sent it in some papers I sent,
where he said he wouldn't write no more because
he'couldn't see the line.
Is that the last letter you received from him?
That's the last letter I received from him.
Mrs.Williams,I show you a piece of paper on which
there is some writing.
to the Court please?
Would you identify that
A
This is the last note that my father wrote me.
Is there a date on that note?
4th 'month,2nd day and'68.
Which would have been approximately three years
prior to his death,,is that correct?
Yes.
-----------..------.----,1-.,---.-----------------
16.
Q
A
Would you read that to the .Judge please?
"This is a note to show you I am very well.I
hope you all are okay.I'm sending you a money
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order.I made a mistake but I think it will pass.
If not,send it back and I will make another one.
Trick,I will stop.,'1 can't see .the lines.Love
to all.Your Pap Lucian Miller.II
What does that say right there?
That's for Lucian.
But what does it say?
L.Miller.
Now,are you ,familiar with your father's writing?
Yes.
Is that his writing?
yes,he wrote this.
Is that his signature?
Yes,he wrote thit.
That is his signature7
Yes,sir,he wrote that.
(Letter marked as Exhibit A.)
MR.SENTNER:Your Honor,I
would offer this in evidence as
Exhibit A.
17.
THE COURT:It will be
admitted •.
Q Now,.Mrs.Williams,'your father at .that time was
able to see well enough to read and to write and
No.
No.
vision?
I couldn't answer that either because he would
If he
Would you call him or did he call you?
Did you communicate with him.by telephone after tha ?
If I got worried about him,.I called him.
sign his name,is that correct?
it hid.
Did you receive any letters from him after that tim~?
Yes we did,by telephone.
hadn't lost it totall~.
Do you know what type of pyobH~ms;:he had with his
Do you.know whether or not his sight remained stabl~
He was just partially blind then in one eye.He
So you don't know,.of your own knowledge,whether h's
sight.got any worse?
No,I don't..
or did i,t get worse?
never tell me.I would always want him to go hom~
with him and to keep me from knowing,he would keep
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had somethingtQ tell me,.he called me.
And when he would call you,do you know how he
w.ould dial your number?
I showed him how .to get the..zero and ask the
oper.ator to connec"t him with me.
A,nd why is that?
Because he couldnt ..see how to.do it.
What .couldn't.he ·.see?
Hecouldn 't .se·e :the figures on the .te:tephone.
Now~,.did he ever state to you that he was unable
to se·e ·to write?
18.
He might have told me that.There'.s so many thing~
Daddy told me but I knew he couldn't write.
How :do you know .th:at?
Because he didn't4 He didn't try no more after
A
Q
that note when he said he couldn't.
1.968 was the last·time,.to.:your knowledge ,.that he·
wr.ote .to you?
Yes·.
Did you notice any change the last few years in you
father's mental or physical.condition,either by
your conversations over the telephqne or your visit;
in person?
Yes.•
Wo.uld you de:scribetothe Judge any knowledge you
have as to any mental change?·
19.
A Every year he,got weaker and weaker.Every xear
I would come .up r s'ometime'to clean up or to do
something to hel~around the house and he would tel
me 'he'just had it 'cleaned.sometimes I would
attempt to clean up certain places in the house and
Yes.'
people out to clean for him and do for him .
these years?'
father to me,other than 'one day I was there and he
He was the same
The Welfare or something here would sen~
he would te~l me he ,just had it did and it would be
perfectly filthy and I knew it 'hadn't been done •
Would you be able to recall what year specifically
that this occurred?
That's,what I'm 'tryi!1g to say .
Did that 'affection ever change?
He was 'always my father",the same wax.
Well,I 'm,talking about hi,s affection towards you.
Did he ever demonstrate anx change?
Now,did he 'show you affection asa father througho~t
In 1969.
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told'me I had no busines'sthe're ,:that was his damn
house.You know,'~en'tally sick.
Q Do you recall when'that was?
A The,last year I was there.
Q This was in 1970~
A Yes.
20.
Q Did this surprise you or shock you?
A I went on .the back porch and cried until he called
me.
I know he was.·
Was it your impression that he was not himseTf?
Did you know Menther Lee Martin,Mrs.Williams?
How long have you known her?
All right.
He is trying
..1'11 object
I let you go so far
THE COURT~
MR.Me ILVAINE:.
at this point.
to that.
to get this witness to say
but I think we've got to object
something she's not saying and
she's not even attempting to say.
Yes,sir,I know her.
Had his mind.~
?ro~a young girl.
And what was your connection or your relationship
Q
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with her?
A Whenever :r seen her,it was very fine with me.I
Q
wasalwa·ys glad to see her.
well,how did you first meet her?
21.
A When my father got "down this last time,I had this
arthritis in my knees.
Q No,let's go back.What was your connection with
Mrs."Martin originally?How did you know her?
left.
that's when I know her.
Yes."
old.
He brung her
Was she a young girl?
No.
When you would visit your father in Pittsburgh-
to Georgia onetime when she was three or four years
And do you recall hOw old she "was when you would sel:
her in Pittsburgh?
Well,wherewo"uld you see her?
Whenever I would come to Pittsburgh and see her,
yo\).don't know hOw old she was?
Did she live with your father?
Up at my father's ho\).se until she married up and
I don't know nothin ,about her.
In Pittsburgh,pennsylvania.
Where would she be in Pittsburgh?
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your father?
A My father and my step-mother practically raised heI.
Cross Alberta Williams 22.
THECOU;RT :.How old Via-S.she
.when she started living with your
father?
CROSS-EXAMINATION BYMR.MC TLVAINE:
Mrs.·Williams ,·don't.you refer to Menther Lee
No~I can't tell you .that either,Judge,I really
don't know.
long she lived w~th him?
That's all we
Do you know how
I was in Georgia and they w~re
have,Your Honor.
MR.SENTNER:
']HE COURT:
Martin as your sister?
My sister?
up here.·
Yes.·
I really don't know.
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A No.I had one ~ister.She died in '4.6.
Q I see.And isn't.it true you refer to her as
your sister because she actually.grew up with your
father?
,-------------,,----------------------
23.
A No,sir.
Q Isn't it true that Mrs.Martin was raised by your
father from the time she was a year old?
A I said once and I'll say it agai~,I do not know
what time Daddy had taken her.My father and
I don't know.
three or four years old?
NoW of course you are older than she is.
my step-mother was paid to take care of that child
It might
I consider.
Now,what year they
I treated her just like a child
She's a child to me.
That was Menther Lee and I was Albert
and that was all.
that the first time you saw her?
have been.
Now,isn't it true she actually lived with your fat~er
I don't know if that was the first time.
That's right.
Yes,that's right,he brung her to Georgia.
And how did he present her to you at that time?I
had taken her or what month they had taken her in,
while her mother worked.
You say that he brought her to Georgia when she was
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for some 13 or 14 years?
A I don't know how many years she lived with him.
Q You don't know that.And isn't it true that all
of the time,up until the time of your father's
death,that Mrs.Martin actually stood in the
relationship of a father and daughter to Mrs.Marti?
24.
Isn't that true?
A Say that again please.
o Isn't it true that Mrs.Martin stood in the
wasn't she?
I don't know about that.
He called her his baby because she was the last
this is my baby.
But I didn't call her my
It was true up until the very
But your father did refer to her as his
isn't that true?
And that was true up until the last time you saw hir ,
Mrs.Martin as his baby.
And as his daughter,i~n't that correct?
last time you saw your father,that he considered
And Mrs.Martin w~s very close to your father,
Any time he talked about her,that was his baby •
I don't.know about daughter but I know he said
baby?
I see.
child in his life.
Yes.
sister.
relationship as a daughter to your father all durinc
his life and up until the time of his death?
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Q Didn't she take good care of your father -look aft~r
him?
A Can I say something just a little bit the opposite?
Q I would appreciate it if you would just answer my
II
25.
question.
A No,she didn't take care of my father.His money
Q
A
took care of him,what the state paid him.She
was the one to cash his checks and do whatever was 0
be done with the money.
Well,I mean isn't it true she was the one that was
closest around here in the family?
No.That gentleman right there,Mr.Green,took
care of my father for me,out at Eighty-four.
Well,in other words,as far as you know,Mrs.
Martin never did anything particular for your fathe~
as far as caring for him is conceined,is this
correct?
I wanted to tell you,when my father got real sick
this last time,I was not able to come to him.
He threatened to kill my cousin there if he ever
come to his house.
Who is your cousin?
Lucian Deese.
Do you know why he didn't like Mr.Deese?
Then I called Mrs.Martin and asked her would she
go out and see about him and she said yes,she
would.
And did she?
She went out and got him and carried him over in
Pittsburgh and put him in the intensive care in the
26.
hospital.I have never got a bill,never got a
statement,never know what nothin ,was,what nothin
cost,not from her.
Q Was there bad blood between your father and Lucian
Deese?
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It should not have been but I guess the devil made
it.
It did exist though,didn't it?
But he threatened to kill him if he come back there
hadn't he?
But it was for some time,was it not?
way toward Mr.Deese for quite a period of time,
The devil did it.
And as a matter of fact,your father had felt that
I don't know how long it been.
Yes,it did.
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This was three weeks before he died.
Now,this was back in 1968?
Did you see him three weeks before he died?
let me call Menther Lee and get her to go.
I said don't you go,and I asked him not to go.
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A No,I didn't,but I called.
Q You talked to him on the telephone?
A Yes,that's right.
THE COURT:This was over
your father threatening to kill
your cousin and you called
,~rs.Martin to take care of him
and that happened about three
weeks before he died?
27.
0(A No,he has been threatening my cousin ever sincez
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THE COURT:If it didn't
A
happen three weeks be~ore he
died,do you know how long before
he died it did happen?
This was between him and Mr.Deese?
28.
THE COURT:No,when you
called Mrs.Martin to take him.
house.
before he died?
That was three weeks before he died.
Yes.
I h~d an operation on my
I called him Daddy and he said
~did and he did too.
Yes,he did.
Did he know who he was talking to?
~guess he did.
I'm glad you called.
Did he carry on a coherent conversation with you?
Did he'make sense to you?
Now,you talked to him on the telephone three weeks
put him in intensive care 'and out of that,she put
him in a home and from there he came back to his ow
February of 1971 she carried him to Pittsburgh and
and Mrs.Martin took him there back in January or
February of 1971?
Now,isn't it true he went to the hospital in
Pittsburgh,according to your story,at your reques
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throat and I was telling him that's why I hadn't
been up that summer and he to'ld me,he says I
Q
.got news for you,he says,your Daddy is sick too.
So he told you he knew you hadn't been around?
29.
A Yeah,he kne~oJ.
Q Did he tell you where he was staying when you.were
talking to him?
and see about him.
And was he coherent and realized that he was
I knew where he was staying when I called.
So then it's fair to say that three weeks before
What he isTHECOURT:
Did he tell you he was living there by hi~se1f?
And did he tell you he was taking care of himself?
Yeah,he never had nobody to stay with him.
him,he knew who you were,he was coherent in his
speech and he sounded like your father and like he ~as
Such as it was he did,unless somebody would go in
he died in October of 1971,that you had talked wit~
He sounded like my father and he was my father.
okay,is that fair to say?
talking to you on the telephone?
The way he answered he must have been.
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asking you is this Mrs.Williams:
As far as you knew when you were
talking to your father on the
telephone three weeks before he
died,your father seemed to know
what he was talking about?
A
30.
I told my father the reason I hadn't been there
was because I had this serious operation on my
throat and I was trying to keep it from him.He
said I'm sorry to hear it but he says I got news
for you,he said,your Daddy is sick too.
that conversation last?
Not long because I never talked to him long because
get the impression that your fath"r
knew what he was talking about anI
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I wasn't able to pay it.
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How long did
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knew what he was doing?
welL,lots of times I talked with my Daddy and mayb~
he would be just as cranky as he could be but
I wouldn't know it and he tried to hide it from me.
THE COURT:So you think he
A
might have been cranky at this
time?
They find him underneath .the bed wh.en you look for
31.
so he had to be.
A±l right now,had you been calling him,as you sai~
in your direct examination,two to three times a
month -is this during the year 1971?
For the past five or six years I called him two or
three times a month.
In other words,'you have talked to him two to three
times a month and three weeks before he died,for
a period of time five years prior to that,is that
right?
That's right.
Okay.~w,when you talked to him on each of
those occasions,did he know he was talking with yOl?
I hope he did.He sounded like he knew he was
talking to me.
And did he make sense in giving answers to your
questions?
Everything he would be saying over the:telephone
he would make sense 'but you go to the house and start
two or three days,he would change just the
opposite way.
But as far as you know,,when you talked to him on
each occasion over this five year period,two or
three times a month on the telephone,he ,seemed to
be mentally alert and knew what he was talking aboult?
A He seemed to be all right but like I say,.go there
and stay two or three days.
32.
Q All right.Now,your testimony on direct
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examination,you say as far as your father's
physical condition was concerned,in 1964 he had
two operations for stones of some kind?
Yes.
That had nothing to do with his mind or anything,
did it?
Well,I don't kriow..I have had four operations
and I don't think like I used to .
Well,the operations your father had,it was a
phsyical operation for some kind of gall stones or
kidney stones or something?
Something like that.
And did he get out of the hospital?
Yes.
And it was after that that you talked with him and
had seen him?
Yes.
Now,on occasions wheri you would visit him,you
said you came to visit him at least once a year?
I sure did.
You would come up from Georgia?
A Yes.Sometimes twice.
Q All right.Now,on th6se occasions when you w&re
1
A
Q
B3.
with him,did he know who you were?
He did.
Did he make sense when he answered your questions
and talked with you?
Well,I say like this.Some days he knew
exactly who I was.Then some mornings when I
would wake up,he would have his breakfast already
and then some night$I would wake up and he would
be standing over the bed.
back and lay down.
And would he go?
Yes,he would go lay down.
I would tell him to go
Now,at this July 4th picnic that you talked about
in 1970,did he know the people that were around
him?
Some of them he knew and some he didn't because
he asked me,how did I know all those peoples.
There were 25 or 30 people there and some of them
were from Georgia?
All of them come out of Georgia but live in Pittsbulgh
now.
Did he know Mrs.Martin?
Yes.
Did he know you?
Yes',he knew me.
Did he know his granddaughter?
34.
Yes,he did.
to her as your sister?
of a finger.
No,I didn't call her my sister.
I know I
He told her to go get the bowlsMusthavedid.
Yes,and he called all three of us to him.
Did he talk with you?
Did he make sense when he talked to you?
and she separated and give us all a bowl apiece.
at least up to that time,was mentally a,ware of who
Answer my question please.
he was and who his family was and where he was and
anybody gets old,they mind change just the click
86 far as July 4,1970 was concerned,your f~ther
considered to be his daughter and you considered
her to bea member of the family and you referred
Martin,as 'far as your father was concerned,was
I might have wrote her once or twice.
Did you ever write any letters to Mrs.Martin?
Now,isn't it true Mrs.Williams,that Menther Lee
Yes,at that particular time,he did,but as
what he was doing,isn't .that true?
Can I say this to you?
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wrote her a thank you card after she buried my
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Q Did you ever write her a letter on November 16,197 ?
35.
A I don't know.Do you have one?
(Letter marked as Exhibit No.1.)
letter you sent to Menther Lee Martin?
I'm asking you if that's your signature there
And isn't..i ttrue that you were thanking her in that
I think it is.
Is that a
Is that your
Never mind the letter.
I did in this.
So you do refer to her as "sister"?
Yes.
"Hi,sist'er"?
All right,thank you very much.
I did in this.
"Hi,sister".
How does that letter begin?
Now,let's look at this letter.
signature there?
first.
That's your handwriting?
Mrs.Williams,I'll ask you this:
Yes.
I think it is.
Let me see the letter.
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letter for the care that she was giving your father
and looking after him?
36.
A The kindness towards my Dad.
Q Didn't you ask her and her husband,the Reverend,
you refer to him as the Reverend -"Tell Rev.to see
after him"?
Yes.
No.
I don't know.
You did write this letter?
Can you read
It might
I said the best way he can.
that there?
That's dated 11,..16-70,isn't it?
Might have been,might have been.
have been.
Yes,November 16,1970.
And that's the same as the date on your letter?
Yes,I d.id ,and I said "Hi,sister"but I don't
Is that the envelope you sent this letter in?
Who wrote that envelope?
And this envelope,that's in your handwriting?
father,isn't .that right?
That's what I asked them,but she didn't.
You wanted him and Mrs.Martin to see after your
I asked them.
That's what you wanted them to do?
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consider her my sister.
Q Now,you say you wrote her again after your father's
death,is that correct?
How did you say that?
Q Isn't that correct?
A How did you say that?
Q After your father died,you wrote another letter
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to Mrs.Martin?
I wrote her a thank you card.
And you thanked her for looking after your father,
is that correct?
That wasn't no more than right.
(Thank you card marked as Exhibit No.2.)
Yes,and I'll read the note if you want me to.
This is the 19th of October I think,1971 -isn't
that's your handwriting,isn't it?
I believe
I think that's the 18th orthatthepostmark?
And this note?
All right now,I have an envelope here.
Yes.
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October?
A I know it's October.I don't know 19th or 18th.
Q 1971?
A Yes.
THE COURT:Are you saying
38.
this was written after his death?
MR.MC ILVAINE:Yes.
I said "Deep in my heart I thank you and yours for
what you have done for Lucian Miller,only had one
child,one grandchild,eight great grandchildren.
He never took me in and cared for me while my mothe
went on her way.He got me by my mother Frances.
She passed in 1933 but I pray God blessing upon
you,always."
That's the note you wrote?
Yes,after she buried my father.
And when you say here that"he never took me in and
cared for me while my mother went on her way",you
were referring to the fact that he had taken
Mrs.Martin in and cared for her?
Had to have been.
So the truth is Mrs.Williams,is it not,that
Mrs.Martin was what we call a natural object of
his bounty.
MR.GILMORE:Obje d:.ion.
L
That's a legal conclusion.I
don't think you can ask that
-----
39.
question.
THE COURT:Sustained.
e Q Isn't it true again,as I say,that Lucian Miller,
<your father,looked upon Mrs.Martin as a daughter?
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THE COURT:How many times
did your father marry?
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A Twice to my knowing.
THE COURT:And his second
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wife died when,do you know?
I believe it was October 10th too,in
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all.
Okay,that's
(witness excused.)
LUCIAN DEESE"CALLED AND SWORN.
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Mr.Deese,where do you presently live?
1942 Remington Drive,Pittsburgh.
And how long have ~ou lived in the City of
Pittsburgh?
Oh,30 years.
And are you related to Lucian Miller,the deceased
in this case?
I'm his nephew.
On which side?
My mother's side.
T.~""?
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I work for U.S.Steel as a mold man,in Homestead.
How long have you worked there?
30 years.
Where did you live prior to living in Pittsburgh?
2605 1/2 Webster Avenue.
And where is that?
That's known as the Hill in Pittsburgh.
That's still in Pittsburgh?
Yes.
How long have you known your uncle,Mr.Miller?
All my life.
Do you recall where your uncle was living at your
earliest remembrance?
In Georgia.
And do you recall when he moved to Pittsburgh?
I don't because I was a little young.
Did you have occasion to visit him in Pittsburgh
since he lived here?
Oh,yes.
How often would you visit his home?
All the time because I was right 'around the
corner from him.
At what age were you at that time?
Early 20's.
And do you recall how long he stayed right
around the corner from you?
41.
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Recall what year -did he subsequently move?
He moved to eighty-four in 1945 ..
How do you know that?
Because my younger son was born about a couple
weeks before.
Did you subsequently move into his home?
I did.
Now,.during that period of time,did you know
Menther Lee Martin?
Yes .
Well,I guess it was just Menther Lee at that time.
Did you know Menther Lee?
Yes.
And what was her rel.ationship to Mr.Miller,your
uncle?
The only thing I knew she was therein the house
and her mother was working,doing domestic work
and they paid the two to·keep 'the child .
Do you know,of your know~.edge,how long she stayed
at the Miller household?
No,I don't.
You say he moved to Eighty-four in 1945?
Right.
Did you have occasion to visit him in Eighty-four
from that time?
42.
.
-------------------------------------.----
43.
A I visited him all the time.
Q And who did you or rather who did he live with
at Eighty-four?
A He lived with Annie Miller,his wife,deceased wife
Q How often did you visit him at Eighty-four?
wife died?
Once a month.
Yes,I do.
Mrs.Miller was sick,in the hospital .
That's when the deceased
Mr.Deese,do you remember when Mr.Miller's last
Dp you recall what year it was?
took her out there.
-ever
And during this period of time,did yo~see
Menther Lee in Eighty-four?
The only time I seen her out there is the time I
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April 11,1957.
And did you know her?
Yes,I did.
Did you attend the funeral?
Yes,I did.
From that time-on,that would be 1957 r who did your
uncle live with?-
A He lived at Eighty-four,alone.
Q Alone?
A Yes.
Q And would you visit him frequently or often after
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Yes,I did.
How often?
A little bit more often because he was alone.
Do you recall how old your uncle was when his
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No.
What was your unc.le's physical condition in 1957?
'57 he was.good.
Did he have any problem with his vision at that time?
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And did he suffer any deterioration in his vision?
1967 he had a cateract removed from his eye.I
don't know what eye .
Did his vision then become worse?
I v~s~ted him at the hospital and he told me that
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he had lost the sight of both eyes.
only "zon".
Only what?
Zon,you know,see'just a little bit.
He could
He couldn"t
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see well and he h~d a magnifying glass that was his
eyes and he used that all the time.
And when did he tell you this?.
A 1967.I don't remember 'just what month.
Q How did your uncle treat you during this period
from 1957 up until the time he d~ed?
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He was very good to me.
Was there ever any change in his attitude or his
behavior towards you?
Not from the time of 1957 up until 1969 I think it
45.
was that he began to go the other way.I mean
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by that,we didn't see eye to eye.
During this period of time -from 1957 until 1969,
what was your relationship with your uncle?
Very close.
Would you do things for him?
Yes,I did.
Like what?
I would run errands for him,pay bills for him and
whatever he wanted me to do.
And during this period of time,was there anyone
else who~would~Io6k after your uncle?
Nobody but Mr.Green.
Where did Mr.Green live?
Oh,maybe couple hundred yards away.
From your uncle?
From my uncle.
Did your uncle then permit you to handle his
business?
In 1967,yes,he did.
And you say in 1969 there was a change?
Yes.
46.
Q Do you know of anything that would have caused
this change to occur?
A No,I didn't.
Q Explain to the Court what type of a change took
place?
No.
No.
to?
No,I don't.
He said I
He didn't have anythin~.
Do you recall how long he had the blind pension?
took $600.00.
I cashed a couple for him while he was in the
Who would cash his checks for him,do you know thatP.
What type of income did your uncle have?
He had a blind pension and Social Security.
When I would go out there,he would watch me and
Did you in fact ever take anything?
Do you have anything you can attribute this change
Do you know why he changed?
he accused me of taking his money.
Did you do anything that would give him reason to
be suspicious of you?
NO,I never took anything.
No,I don't.
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Did you ever cash any of his blind checks?
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No,I cashed his Social Security checks.
During this period of t~me up until 1969~did you
ever see Menther Lee out there?
No.
Did you see her in Eighty-four after that?
No.
Why is it that you didn't see her after 1969?
I don't know why.
Did you have occasion to go out there after this?
E~ghty-four,yes,I went to Eighty-.four.
After 1969?
yes,I did.
Explain to the Judge what your relationship was wit~
your uncle after that.
He called me and told me he wanted me to do something
for him and I asked him what it was and he wouldn't
explain it on the phone so I went out and he asked
me to take care of h~s business for h~m and I
told him I couldn't.I says you have to give me ~he
power of attorney.I says I have gone as far as
I can go,just as you know,paying bills,grocery
bills and what not and I said I can't.do any more
because I have to have a power of attorney and he
wouldn't sign the papers.
Why did you feel at that time that you needed the
power of attorney?
A
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Because I knew it would lead up to a law suit or
some misunderstanding.
Was your uncle at that time unable to take care of
his own affairs?
When you were not at Eighty-four,did you communica e
Do you know whether or not your uncle was able to
read,say from 19697
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THE COURT;
was this?
I don't recall.
with your uncle from Pittsburgh?
Yes.
And how did you do that?
By telephone.
And would he ever call you?
Yes,he would.
Do you know how he called you?
He would h~ve the operator call.
How do you know that?
Because he told me.
What date
A No,he wasn't.That's one thing he wanted me
Q
to come out and read his mail.
You had to read his mail?
A
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Yes.
Do you know whether he was able to write?
A No,he wasn't able to write."He could sign his
check,that's about all.
write.
He wasn't able to
After the time he accused you of stealing his money
did your relationship change?
No,he didn't change.He still was my uncle.
When you visited him,was there a change in att~tud=?
Sometimes.Sometimes.
Did you noti"ce any general change in your uncle's
mental condition?
Yes.
Describe "that to the Court please.
He would get lost "and he asked me who is that in th~
house and I's~ys nobody here but the two of us.
He says where's that bill.I says it's right
there and he had his bills placed in one particular
area and he didn't want anybody to touch them
unless he told you.If you misplaced 'them,he
A
Q
couldn't .put it back there."
You mentioned he accused you of stealing $600.00.
Do you know whether or not he mistrusted other
people?
I couldn't say whether he did or not.
Now,getting back when Mr.Deese,you said in 1969
is when he accused you of stealing .some monev -did
he generally mistrust you after.th.at?
No,he didn't mistrust me.
Do.you recall whether or not he ever prohibited you
from coming out to Eighty~four?
He 'told me not to come out unless I bring his moneV
and I didn't know .anvthing about it because I
hadn't took .any money.
Now,Mrs.Williams testified that your Uncle told
her that he would kill you if you come out.We~e
you aware of that at .the time?
Not until she.told me.
Did you ever confront your uncle with this?
No.
Can you describe to.the Court,in your own words,
any cha!1gesthat :occurred in your uncle's
capacity from 1969 to the time of died?
I recall he wasin Pittsburgh Hospital and my
daughter and I went to see him and he says to me,
50.
he says,hOw .did you kn'ow I was here.I says,
well,Alberta called and told me and he says I'm
in the mine.I said no,you are in Pittsburgh,
Pittsburgh Hospital,just off of 5th Avenue.
Frankstown Avenue is right over there and he says
no,I'm down in the mine.He says this mine is
cavin'in on me.He says I gotta get out of here
51.
Q Do you recall when this was?
A No,I don't..
Q Recall what month it was?
MR..MC ILVAINE:The man said
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he didn't know.
Well,do you r'emerriber what year it was?
No.
Recall how soon prior to his death this was?
Maybe a couple years I guess.
The'man
I move toMR.MC ILVAINE:
strike that answer.
I don't know.
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that's the answer - I don't know.
Well,.this was in the hospital at Pittsburgh.Do
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you rec"all what he 'wasin the hospital for at that
time?
THE COURT:I think I
should rule on the ·objection.
52.
MR.SENTNER:I'm sorry.
THE COURT:There's no
jury here so for the record,
we will overrule the objection pr
No.
Yes.
matter of argument Mr.McIlvaine.
time he made ,these statements?
We understand that's aforma.
Did you ever see Menther Lee Martin there at the
Do you recall how lo~g he wasiri·the hospital?
Did you visit him often in theh6spital that time?·
The whole while he was there.
This was in what hospital?
Do you recall what he was :in the hospital for at th ~
The Pittsburgh Hospital.
The Pittsburgh.Hospital?
compaction.
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MR.SENTNER:That~s all.
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CRQSS-EXAMINA,TION BY MR.MC ILVAINE:
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Mr.Deese,you have known Mrs.Martin for a number
of years?
Yes.
And isn't it true that she was raised up by your
uncle?
She lived in the house with h~m.
From the time she was one year old?
I don't know.'
How old are you sir?
I'm 56.
Now,.since 1940,you say here that you were with YOlr
uncle continually?
Yes,I was.
D~d you live in the same house?
Yes,!lived in the house with him for a while.
At Eighty-four?
No,at Pittsburgh.
D~d you ever come out to live in the house at
Eighty-four?
No,just visit weekends,over the weekends,somethi~g
like that.
He moved there in 1945?
Right.
And it was there thqt Mrs.Martin came to stay
54.
with him asa baby?
No.
No.
Yes'.'
Me?
That~s :the 'first time I seen her.
Rem,ember how old you were when'you first saw her?
I knew her moth,er.
Did you know Mrs.MartinIs real parents?
Was she older than you or the same age as you?
You we.re 'a'young man,weren't you?
fi.rst came 'into the home of your uncle?
One ye'ar old,wasn It,.she?
year it was.
Well',:he took her to Georgia,I don't,know what
No.
that little baby,thete 'at the 'time?
How 'old were 'youwheri you first saw het,when she
Over in Pittsb~rgh?
In Pittsburgh.',
2605 1/2 webstet Avenue.
She was older than that,r would say.
She was a good sized girl.
Whete did sh~~tart7
Do you remembetthat ,occasion 'or remembet seeing;"
You donlt knowtheri"do you?
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A I don't know.
Q Did Mrs.Martin's,mother stay in the same house
or come and pick Mrs.Martin up when she w~s a
come and stay there with my uncle and his wife.
But Mrs.Martin actually,she was there and lived
there and your uncle is the one who actually raised
b~by while she was staying there with your uncle?
She was there on her day off from her job,she woul
IIworkallshifts.
"
One day a week or a month 'or what?
Didn't he see that she had proper clothing?
T don't knowtha.t.
I really don't know how many days.
Didn't,he take care of her?
Didn't he look after her?
her,isn't that right?
That I don't know.
They was paid to keep her.
Di,dn 't he see that she was fed?
I don't know.
I was probably asleep.
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Q Didn't he see to it that she had a place to sleep
and she was in the house and watched over her?
Didn't he do all those things?
A I don't know.
Q You lived there but you don't know?
56.
A No.
Q I see.And he moved to Eighty-four.pid
Mrs.Martin go with ·him?
No.
She went with her mother.
Where did she go?
You know that for a fa c t?
Now,this Mr.Green is a neighbor
And you don't know whether she·ever went to
And you and Mr.Green are good friends and have bee
All right.
Yes,bedause I helped her move.
for a number of years(isn't :thatcorrect?
In the early 60's?
Now,you mentioned here on direct examination that
That's been a long time ago,hasn't it?
It was in the 60's.I think,I'm not sure.
Yeah.
Eighty-four or not?
She didn't go to Eighty-four to live with him.
Yes.
out there at Eighty-four,is that right?
Ye;s,sir,ever since .1 met him we've be·en friends.
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your uncle was in good health from 1957 until he
died,is that \o'lhat you are saying?
A No.'67 he had cateracts -removed.And prior
to that,somewhere along the·line,he had two
57.
oper.ations.I don't know what year it was.
Q You don't,recall what ,they were about?
A No.
Q In other words,in 1967 he got cateiacts on his
eyes and had an operation for it,didn't he?
Yes.
And it was 'after.,the removal and so on that he
Right.
And the'y removed the'cateiacts?
Did he 'know he was signing ahewassigning?
check?
And the fact is,'according to your testimonx,you
used to go out and have him sign these checks so
you could cash them for him?
Oh,yes,he knew what he was signing,yes.
And when he,signed those checks,did he know what
Right.
Then you say as far as his pension is concerned,he
was able to sign checks,.sign his name?
then got the blind pension?
I don't know .just'when he got the blind pension.
WeTl,it was 'subsequent to that,wasn't it?
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A When he would call me.
Q Yes',that's what I mean,.when he would call.you.
A Yes.
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Did he know he was 'having you come into the house?
Yes .'
And did he know you when you came in the house?
Yes.'
He knew who you were?
58
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Did he know whe'n you came :in that he'had a check
he wanted you to cash for him?
Yes.
And he s~gn'ed his 'Own checks,didn!the?
Yes,he signed his own checks.
You saw him do that?
Yes.
He knew,ho'w to write his own name?
Sure.
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You did this up until what -1969?
Just the yea,r of 1967 while he was in the hospital.
Then after he came out of the hospital,he took
care of his own business as 'far as I know.
So in 1967.
..About 3 months I did that.
In 1967?
Yes.
You never did that after that?
No.
So in 1967 he was mentally all right?
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S6 far as I know he was.
Now,he accused you of taking $600.00,is that righ ?
Yes.
Is that one 6f those checks that he said you cashed
and didn't.give him the monei b~ck1
No,that was'$600.00 he'was supposed to have in the
house he said and he told'me''r came in during the
night and took his money and I was on the'job worki n.g.
That's.where all the 'bad blood started?
As 'far as '1 know that's it.
And you also had some bad blood when you told him
you 'had a paper you wanted him to sign so that you
would look after his business?
No,the 'relationship was good when he was in the
hospital in 1967.
Well,when did you present :this paper to him that
you wanted him to·sign that hewouldn'tsign?
1967.
You had the power of attorney and he wouldn't sign
it?
That's right.
You had it made up,didn't you?
Ye~,.1 have it at home.
Who made that for you?
Attorney Dave Washington.
And you went down on your own to have him sign it?
60
A :(.told him I can't go any further.He says you
have the neces·sary papers drawn'up and I called
I don't know.
Yes ..
You told him what .it was all about?
Yes.
I don't
He told me he wanted me to go to his
Right.·
Do you know whether he·cashed his checks·and paid
his bills?
NoW,:he took care of his own business·until just
to sj.gn it?
Right.
And he refused to sign it.
lawyer and I said I don't have ·time.
The point is,.he knew what it was and he refused
Mrs.·Williams and told he·i the same thing.
Then you went to see your uncle?
know who his lawyer was at the time.
Yes.
You handed him the paper?
::h:ortly before he·died,isn't.that true?
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A I don't know that.I only know what I did.
Q Did yOU do anything ·from February 1971 until October
10th,when he died,1971?
A I went to see him.
Q When?
61.
No.
Yes.
In.October?
Yes.
He ~asstililost.
He said he knew who I was.
Too bad phys:ical .shape?
Yes'.
Did he answer your questions?
Did you talk to him at all?
yes,wheriever he felt like .'
And did they make sense?
Yes,I talke'd to him.
Didn't mention nothing.
But he did know you?
Did he say anything abOut the $600.00?
Yes',.he did.
Did he know who you were?
He was home at .thetime?
Washington HOspital.
You went to see him at .the Washington Hospital?
Did you go out to see.him -after February of 1971?
I was visiting him just a couple days before he
passed.
Can you tell us the date or month?
The whOle while he was ·sick.
No.,I don't know any dates.
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Q But he did know you?
A He said he'knew ,who I was.
Q He kne't'J ,where he was at the time,didn l t,he"r
A No,he"didn't know where he"was.'He thought he
wa;s"home.
did you?
And when you 'saw him in the'hospital over at
Pittsburgh"you saw Mrs .Martin over the're 'one time
Once we were 'there together.
Now,:did he know who you were at that time?
He knew who I was.
Yes.
Y~s',.he recognized me.
He ~ecognized you?
Yes,he 'was in intensive care.
Anybody else up there?
Mr •Green and I.'
Were you th.e only two.there?
We,couldn't talk long be'cause he was too sick.
He knew who I was,,that's alII know.
And ,whe'n you were talk'ing"he answered your,.guestio s
at .that time?
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and what was going on?
A I think so.
Q Now"you mentioned here about a change ;in his
mental condition but you didn't,give any period of
--------------,--------,
63.
time there :where you said if the bills were
mispl.aced ;from a pile.he wasn't able to find them
cr something.When was that?Was that
back in 1967 or when?
That's what sheto.ld me.
He .threatened to kill you,did he?
on down to the end,wasn't.he?
rather than you going down?
According to Mrs.
That was maybe 1968.
When I went to visit him at Washin~ton Hospital,
he was very nice.to me.
and your uncle.
Fact is,he was pretty mad at you from 1969 right
stay away and let her go down and see your uncle}
Wi 1li'ams ,who .just testified here before you,she
No,that wasn't.in 1967.
I didn't know anything about it.
Did Mrs.Williams ever tell you that you better
said there was ·an awf.ul lot of ba:d blood between yO)
Now,.;let me ask you this:
you know,what he said he was going to do.
That was three days before he died?
Yes·.,three days before he died.
The truth i.s betweenth.:it period of time,you never
No,.Mrs.Williams was in Georgia and we talked over
the phone and she.told me not to go because of,
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Two~or three "days before he died or what?
WelT,one\'leek .andthenthe,next week on my day
off I went up.
That's 'all you saw him in 1971,right?
I don't recall.
Is that ·the best of your recollection at this point
~hat'&the b~~t I know •
At that time he ',knew you and knew',who :you were?
Yes.
And you talked to.him?'
Yes.,'I talked.
If you asked him a question,he would give you an
,.
answer?
I didn't ask him any questions because he was too
weak.'
After.his death,did you go to Eighty-four?
Yes.
What did you do then?
Give ,the power.of attorney to be administrator ove.;r
after Mrs.Will'lams came and Attorney Modrak and
heto,ld me to lock .the house up and I put two
pad-lock~on the:house.
What did you take out of the house?
65.
A No thin , •There was nothin'to take out.
THE ,COURT:Was there no
66.
furniture.:in the house?
J;was sworn .in.downstairs.'
Yes·.,there was ..
Did you ever se·e.the papers?'
You don't.have .them wi"th 'you?
Was 'this 1TIan
That's.all.
That's 'all.
THECQURT:
MR,.SEN-TNE R:
MR.SEN-TNE,R:I don't know
MR.MCILVAINE:
of .thisestate?·
'appointed as an administra tor
how far .that ·got.Apparently
.letter:s were 'filed and .three
Were you ever appointed.by..the Court as ·administrat )r7
I 'have 'a copy.·
No,I don't,..
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months later Mrs.'Martin came up
and proba:ted the will.
THE'·.COURT:You don't,know
whether letters were issued to th s
67.
person?
MR."Mc ILVAINE:I don't know.
THE .cOURT:What we"re the
I saw one after he passed and it was one "hundred
amount of the Social Secur-itx
checks?
THE "COURT:"
maxsteJ?down".
All"right,you
I don't know just
ex"actly what."
dollars and some cents.
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would like "to ask of Mrs."
have a few more "questions I
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Williams.She can stay where
she .is there,"that's okay.
THE COURT:All right,go
ahead.
Cross Mrs Will;rlm~rn
CROSS'-EXAMI,NATTON,OF MRS.WrLLTAMS'CONTINUED BY MR.'Me lINA;rNE':
Q
A
Mrs.'Williams,may I ask you,did your fath.er~when
he'lived in GeOrgia,did he'have a house''down'there D
Yes','he did.
Q rs 'that the house you eventually acquired?He
A
Q
gave It to yoU?
When I was bo'rn he deeded i tto me.When he'come
to ~ennsylvania he mortgaged it and come to
pennsylvania.
You are the title owner of the 'ho'me 'then?
A I wa,'s.He 'deeded i,t 'to'me but he mortgaged it
at 'a bank and got the''money and comehe're.
MR.MC ILVAINE:
very much,.
Okay,thank you
(Noon recess 'taken;hearing is resumed at '1:50 p.m.,
D.S.T.)
-------H-------------------------------i---1
Direct John Green 69.
JOHN GREEN CALLED AND SWORN.
DIRECT EXAMINATION BY MR.GILMORE:
Q Tell us where you live Mr.Green.
A I live .at R.D.#2,Eighty-four,pennsylvania.
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Could you describe for the ~ourt wheie that is in
relation to whereth~deceased,Lucian Miller,
lived?
I stayed,oh,I stayed on,oh,Dooley Street is
Mr.Miller stayed about 200 yards up above me and
How long have you lived at that address?
I have been staying there since 1958 .
And did you come to know Mr.Miller quite well?
the name of the little street.There's no sign
Thats the street I stayed on.on it.
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I knowed Mr.Miller ever since '57 see,I bought
the place in '57 and I started to building my house
then but I didn't move out till '58.
And did you remain friends with him until he died?
Until he died.
Q In the period between 1957 and say 1967,what was tle
condition of Mr.Miller's h~alth as you observed it.
MR.MC ILVAINE:Well now,I
have.got to object to this man
giving any opinion as to this
70.
man's health,except what he
could observe on'his own.It's
quite obvious this witness is not
a doctor and couldn't give an
opinion.
Mr.Mill'er often?
time?
see him.
In that period from 1957 to 1967,did you see
Rephrase the
question.
THE COURT:
Did Mr.Miller wear glasses during this period of
Oh,.he was in the hospital once before '69 but
I didn't,go to th~hospital to se~him then.
Did you say in 1969 or before 1969?
Before 1969 but in '69 I went to the hospital to
Every day practically,only time was when he was
in th~hospital .
Did he have any physical problems during that time
from what was apparent by looking at him?
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Q Did Mr.Miller wear glasses duri.ng this period of
time?
A Yeah he did.
Q
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71.
Did he wear glasses all the time that you knew him?
All the time I knowed him he wore heavy glasses.
Q You said you did see him often.How often?
A
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Every day,sometimes twice,three times a day after
I retired.
Did you visit at his house?
yeah,I visited there practically every evening wher
I come off from work.
Where were you working at that time?
Colisons in Lawrence.
And lrlas he working at that ,time?
He was doin'carpentry work 'around then.
Doing what?
Carpentry work around,you know.
When did you reti,re?
When I retired?
Yes.
'65.
And from 1965 until the present day,are you
usually around your house?
Yeah,I haven't done no work,haven't been able to
do no work since I retired in '55.
1955?
A I retired in '65.
since then.
I ain't been able to do no wor
'l'H'R I fol'•How old are vou now?
72.
A I'll be 67 my next birthday.
Q After the period that you retired in 1965,was
Mr.Miller working at all?
A Well,I don't know if Mr.Miller done much work
after I retired.I don't ,remember him doing much
From'65 on?
Any time after that?
How do you mean he was disabled?
places.
See,,he wouldn't drive his
He was disabled hisself.work after that.
During the time we are considering,,in the late
any day to q~y business items for Mr.Miller?
See',he didn't,go out to do no work.
60's,anywhere from 1965 on,did you ever perform
Well,yeah,after I retired see,Mr.Miller come
to be sick and then I carried him aro~nd different
I drive him around.
What do you mean carried?
I would carry him.
car,he couldn't see good enough so I taken him to
How often did you do this?
different places,doctors or to do his shopping.
Well,about onct a week if he didn't have to go
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to the doctor ,sometimes he',ha'd to go to the doctor
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Did you get to know Mr.Miller pretty well during
----------------------,.-------
73.I
this period of time?
A Oh,yeah,I got to know him pretty well all that
time because I would see him practicall~every
day.When I didn't go'to his house,he would
come to my house see,he would walk his dog,
All I ever knowed was Lucius,that's
And did he confide in you and talk to you about people
Dur:Lngthis period of time,~id you ever see any
Who is Lucius?
about once a day,walk his d?g and stop by the
house .
His nephew.
No,he didn't say nothin ,much about his famil~.
of his relatives visit him there?
Nobody but Lucius::>and Mrs.Williams come there.
:Ln his family?
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what I called him.
That's the man that ,testified earlier today,Lucian
Deese?
Yeah.
You say he was the only relative you ever saw come
to visit?
A Him and his daughter.His daughter would come to
see him from Savannah,Georgia.
Q During the period of time 'that you lived next to
Mr.Miller,did you ever see Menther Lee Martin
visit?
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I never did see Menther Lee there until Mr.M~ller
give me her telephone address,that's the first tim~
I ever seen her.
And when was this approximately?
That wa~after he come out of the hospital in '69.
1969?
Yea;h.
You h~d ne~er seen Menther Lee Martin before?
Never h~d seen'her,there before.
Had you .ever heard Mr.Mill'er speak of her?
I heard him talk about the,girl he had raised see
but I ne~er seen her,not to,know her.
NoW"during the period of time after 1965,did you
notice any cha~gein Mr.Miller's ability to see?
Well,after Mr.Mill'er got burnt in '69 see,I
Miller holl'ered and called me to come up there
,hospital because I called my doctor and told him
taken care of his dog and his ho'use and carried him
to the ho'spital see.' I carried him to the
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what ,shape he was in.He :done got burnt and Mr .
and I went up there and he'said Johnny,I'm burnt
and I says ho'w did you get burnt and he showed me
and so he wanted me to put salve on it and I said
no,I wouldn't put no salve on it,I said you need
to,go to the doctor.He 'said you think it's
that bad.I said yeah so I called Dr.Schmieler.
75.
Q Who?
A Schmieler,down in Canonsburg and so I called him
and heto.ld me .to bring him over the next evening
and I said doc,he is in too bad a sh.ape so he
This was in 1969?
didn't.want to.corne horne,said he wasn't able but
remember that but I think Lucius brung him out.
had to ,corne out of the hospital,wasn't allowed to
He 'said I'll cal
He is on Medicare and
He .stayed over there,well,he
I ain't for sure who brung him back from
I won't say I got him because '1 can'thim.
Yeah.
stay but 90 days and I did:ri~.t..go get him.He
didn't call me.I think ',Lucius,I think th.at's
wh.o brung him.I ain't,for sure I went and got
and left him.
stayed over.the '90 days·.
you can only st'ay 90 days and he stayed 10 days
over..the 90 days Medicare .takes care of.He
says you bring him over now and so I carried him
over to the office and doc examines him and he said
you take him on to the hospital.
up and so I brung him to the Canonsburg Hospital
still he had to get out of the hospital and so he
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the hospital but I know I carried him and he corne
back to Eighty-four to 1ive'and then he was telling
me about they put him out of the hospital and I
didn't know nothin'to say.I told him,well,he
had to pay that 10 days over and so he asked me
76
to take him to Canonsburg.His daughter sent
him the money to pay this 10 days,that was Mrs.
Williams,so I carried him to Canonsburg to pay fOl
that 10 days he stayed over Medicare and he never
did but so good after then no more.
Do you know of any problems that developed between
Mr.Miller and Lucian Deese?
Well,see,Lucius was the only one corning out there
to see him and he told me that Lucius wanted to
take his place.See,Lucius brought the paper
to show them to me.He told me,he said Mr.
Green,the only way I'm going to take care of Uncle
Lucian is if he signs these papers so he said
I'm going to take them up there to him and so
Mr.Miller called me that evening after Lucius left
and said Johnny,you know Lucius brought them
papers.He is trying to take my horne from me
so I said Mr.Miller,Lucius ain't trying to take
your horne,I said somebody got to take care of you.
I said you no relation to nobody out here and
I said somebody got to take care of you,I said
your daughter lives in Savannah,Georgia and I
said I can't take care of you but so much and I
said Lucius is trying to fix it so he can take care
of you.I don't want him in my house no more he
77.
says.Any time he come in,don't you let him in
Johnny,don't let him in my house no more.I
told him I'm not going to say that Mr.Miller,if
Lucius comes,I'm going to tell him to go in becaus
that's the only kin folk you got.I don't know
nobody else..He said I don't want him in there
and before I got ready to leave,he said Johnny,
look on this paper and get this telephone number
and so I did and it was Menther Lee's telephone
number so I told him okay,Mr.Miller and I carried
that on down to the house and rung it up.So the 1
he just kept being sick and I couldn't do but so
much because I wasn't no young man and so then I
called Menther Lee and told her,I said Menther Lee
Mr.Miller is sick.I said he gave me your
telephone number and told me to call you.I said
I don't know nobody else to call.I said I calle:l
Mrs.Williams,she's in Georgia and he give me this
number to call you.He told me if·he got
sick,he didn't want Lucius in his house and to
call you.She said well,Mr.Green,I can't
get out there until Saturday.She ::aid I'm working
at night and my husband works in the day time and
I got children here and she says I can't make it
out until Saturday.Well,I told her I have no
idea you got children and him and you work and so
78.
Saturday,I took my wife to Pittsburgh and I went
up there that Right and asked Mr.Miller did
Menther Le~come out.He said yeah,she come
out.I said she told me she's comin'out on
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Saturday but I went to Pittsburgh and I didn't
know and he said yeah,she was here today and so
I didn't see her no more then for a good while.
What year is this?
Well,this here was in,when he told me to call,
when he gave me the telephone number,that had to
be after he come from the hospital,when he was in
the hospital and that was in 1969.
It was subsequent to that?
It had to be late '69,something along that.
And after he returned from the hospital in 1969,
did you continue to see him on a regular basis?
Yeah,because see,I got Dr.Saltzman in Houston
for his family doctor and I would take him over the~e
to Dr.Saltzman,sometimes I would have to take him
twice a week and sometimes every two weeks.
During this time,did you ever do things like get
groceries or anything like that?
Well,I carried him every week to get his groceries
and if he didn't go,he would call up there to
Day's up there and he could give his order to them
and all I had to do was go up and pick it up.He
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had a credit running up there at that store.
Q And during this time,what if anything happened to
his eye sight?
A Well,he got blind.I don't know blind but
this man from the blind people's home,he come out
take care of the mail and take him back and forth
to the doctor and see after him and he said we'll
there and examined Mr.Miller so he come out there
it was left that way.
He said that's good
He said we want to know
NOr not no reading because lots of times I would
Mr.Mil1er reading anything?
and called me,asked me would I come up there so
and forth to the store and see to him gettin'his
During this period of time,did you ever observe
and he said we'll give him a pension if you will
Green,we are going to put Mr.Miller on blind
pension so I said yeah.
will you get his mail and will you take him back
I went up there and so he asked me,heeys Mr.
give him the check and so I told him I would so
mail and I told him I would.
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take his light bi~l or telephone bill up,you
know,anything like that an~he had a spy glass,
he could always look at 'that spy glass,any big
printing or anything,he 'could make out what it was
with that spy glass but he couldn't without that.
80.
Q During this period of time,did you ever see him
write his name?
THE COURT:What period?
After he got out of the hospital,no,I don't
he got out of the hospital.
me.I looked at the check and I said who signed
remember ever seeing him'write,his name,not after
I cashed one
We are talking
That's what he told
That check was signed
about subsequent to his illness,
when he was in the hospital in
1969.
MR.GILMORE:
Did you ever cash checks for him or anything like
that?
to go pay his oil bill.
the check Mr.Miller and he said Menther Lee signed
Yeah,I cashed two checks for him.
by Miss Menther Lee I think.
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handwriting.I knowed it wasn't Mr.Miller's when
I looked at it.
Q Had you ever seen him sign his name?
A Yeah,he used to do a lot of signing.He helped
me when I started to building my house see.That
-----------------------------,-----,
81.
was before he taken the operation on the eye.
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Okay now Mr.Green,again subsequent to when he
got back from the hospital in 1969,after that,did
you notice any change in his attitude towards
relatives or towards his friends?
Oh,yes,Mr.Miller was altogether different.Afte
he went to the hospital and stayed that 100 days
which was supposed to be 90,he come out altogether
different.
How do you mean different?
He couldn't.remember and he was cross at everything
and anybody that come up.
How do you mean cross?
He didn't speak good about nobody and that's when
he fallen out with Lucius,his nephew.
And did the situation get worse or better as time
went on?
It.got worse.
Were you ever in his company when it appeared to yo~
that he didn't understand what was going on around
him?
Oh,yeah,about two weeks before he died,Mr.
Miller practically had lost his mind.
Were you ever around him when it appeared that he
didn't recognize people?
Well,I don't know I was ever around him when he
------""it-------""---------------------.f---1
didn't recognize people.Well,when he was
82.
real real sick,when he was real real sick,there
was plenty of times he didn't know nobpdy far as
thats concerned,that's when he was real sick but
when he is at hisself,he knew practically
everybody that come in.I had knowed,everybody
I had knowed,you know,he knowed.
Did he stay at his home in Eighty-four all the time
after his sickness in 1969?
Well,when he wasn't in the hospital,he never
went noplace unless somebody carried him.
Did he ever go to the hospital again after 1969?
Oh,yeah,I carried him to little Washington see.
When was that?
Oh,I carried him to little Washington,must have
beeri '70,I carried him to little Washington but
he wanted to go to the hospital to stay but when I
carried him up there...
..Mr.Green,did he tell you why he wanted to go
to the hospital to stay?
Yeah,he say he sick.He called down see and
I heard him calling and I went up to see what it
was.He said come up here Johnny so I went on up
there and so he said call Rosabell,that's the fell w
lived over on the road and I knowed Rosabell worked
and I told Rosabell,I said I know you work until
83.
11 o'clock at night and I told Rosabell,I says
you got to go to work in the morning,I says I'll
take Mr.Miller and I'll take him up to little
Washington,so Rosabell said well,I appreciate
that John.I carried him up there so the
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nurse,she come out to me and said are you the
one brought Lucian Miller and I said yes I was and
she said don't you leave because we goin'to send
he said nothing much and I sat there and sat there
wrong with him and he said if he would haveknowed
and she said to come on in where they are dressing
up to the hospital and they didn't even put him on ~
He said they told him there wasn't nothing
him and he come out hollerin'at me why I carried h m
him back home and I said what's wrong with him and
bed.
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lives up above him and Rosabell,if all of us would
have went up to sign,he would have been put in the
that,he would have went to some other hospital,
that they should have had me and Herman Cass,who
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hospital.I thought he wanted us to carry him
up there because he was sick and he was mad when
he come home because he couldn't stay there and we.
got back home,.it was 2 o'clock.
THE COURT:When was this
Mr.Green?
A
84.
This here was in ~7l,that was after he done
went to the''hospital and come back from the operatipn.
THE COURT:When in 1971,dbeyouremember?
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e be in '72 when I carried him,to the hospital.
THE COURT:
1972 do you?
You don't mean
A Well,I'~ean it hadlto be '70 because that was befo~e,
Q
85.
he went to the hospital you see~th.islast time.
Mr.Green,at any time when you talked to Mr.
Miller,did he ever tell you anything about what he
would like to have happen to his property after he
died?
No,he didn't never tell me nothin'about it.He
spoke to my wife.He didn't.• •
MR.MC ILVAINE:I'll object to
anything he might have heard from
his wife.
THE COURT:Yes,you can't
tell us what he 'told your wife.
When he spoke to your wife,Mr.Green,were you the e?
Yeah,I was right there.
wife.
He told me to call my
What did he say on that occasion?
He asked me to call my wife.He wanted her to
Q
A
clean up his kitchen and I was connedting his
radio,I mean hisfrigidate~he got a new
frigidare.
How long before he died is 'this?
Had to be something around threewee'ks before he
died because when he died,he hadn't had the
86.
frigidare .long enough to make a payment on it
and so he told me to call my wife and so I called
my wife.
MR.MC ILVAINE:I object Your
desires were three weeks before
in February of 1971 .
totally irrelevant on what his
stringing this on·when it's
I think
This will was made
There's no sense in
the death.
statements of testamentary intent
Honor.
MR.GILMORE:
either prior to or subsequent to
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the will :are always admissible
especially when the validity of
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objedtion is overruled.
Q
A
Do you remember the question Mr.Green?
Yeah,I remember it,and so he asked me to call my
wife and I called her and so I told her Mr.Miller
wanted her to come up and clean up his kitchen
and she said I ain't got time to fool with Mr.
87.
Miller.I says come on up,you know he is sick
and so spe says well,I'll be up there and so she
come on up.While I was connectin'the·frigidare
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and taking all the packing out of there,she walked
in and the kitchen sink was piled up with dishes
and so that made her hot so she said Mr.Miller,
who in the world piled all these dishes up in the
sink and Mr.Miller says Menther Lee was out here
yesterday and she had all the children and my wife
says to him,you mean to tell me she was out here
and had all the children and he says yeah,she
fixed dinner for all of us and my wife says she
fixed dinner and knowed you was sick and left all
these things piled up in the sink like this and
Mr.Miller said,she said she didn't h~ve time to
do the dishes so we just left them so my wife
said didn't you raise her and so Mr.Miller~said
yeah,I raised her and my wife says I don't see
how in the world she could come ·out here and ceok
and knowing you was sick and leave all these dishes
and things piled up in the sink here and he said
we.ll,she "didn't.have time.
MR,.Me ILVAINE:At this point,
Your Honcir,I object.We have
I
heard this relation of this
story and I don't see has any
bearing of any kind whatsoever
on testamentary disposition of
this procee'ding.
88.
unresponsive to the question and
I mOve 'that all that testimony
be stricken as totally
it's irrelevant but it's hard to
get him to get to the point of th~
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right.'
MR.MC TLVAIN:E:
irrelevant.
MR.GILMORE:
question .
THE COURT:
I think ,that's
I obj,ect and
I might agree
We'll strike
that part of the testimony with
respect to the washing of dishes
and cooking of the meal.l\:sk
hi,m a ques,tion at this point.I
think weare letting this witness
Cross -Mr.Green 89.
go on in narrative form and that
might be bad.
Q Mr.Green,now just tell us what Mr.Miller sa,id
He told my wife and I'm standin'therelistenin',
about what he would like happen to his property
after he died.«
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workin'on the frigidare.My wife sa,id Mr.Mille r
to nothin'and this ·old house needs lots and he
you got any will made and Mr.Miller said no,I
he.said this old house,the .furniture don't.amount
says nobody can't get it but Trick and he says if
He says I ain't got
He says I don't have nobody but Trick and
ain't got no will made.
nobody but Tricks -h~called his daughter there
'l'ricks.
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she don't want it,well,she can will it to .Menther
I don't need no will and I'm not goin'to ·ha,ve one
made,he says I don't have but one daughter,so
my wife says well,that's all.
He saidthing,you should have a will made.
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CROSS-EXAMINA;TJ;ON BY MR ..Me ILVAINE:
Q Mr.Green,did you see Mr.Miller during the year
A
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1970?
1970?
Yes'.
Yes,sir.
Did he know who you were?
Sure.
Did he talk to you?
He talked with ~e,yeah.
When you asked him questions,did he give you a
sensible answe'r?
Well,that depends on how he felt.
Did he know who his family was?
Well,he knowed his daughter Trick,he called her,
but he never call nobody else!s,name to me ha,rdly
ever.
And he talked about Mrs.Martin too,didn't he?
Well,he give me ,that there telephone number.
He never said nothin'much 'about he'r to me.
But he knew who she was?'
Oh,yeah.
Fact is,he~must'have known enough about her that
he gave 'you the telephone 'number of hers,isn't
that right?
Right.
And he asked you to get in touch with her?
Yeah.
90.
91.
Q And you did?
IAIdid.!
Q Now,the'reason that he wanted you to call her ,...
what was that again?I don't.remember what you !
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said.
I «A Abo.ut what?
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:t..r-Q Now,during 1970,did you take Mr.Miller around toN
ui get his groceries?0:IIII-0:0 A Around what?Carry him to get his ·grocer.ies oh,0..,..III0:
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e store sometimes?
A Yes.
Q And Mr.Miller himself would do the ordering?
A Yes.I
Q And he would go in and pick up the groceries after
you took him up in the 'car?
A
Q
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No,I had to e;p get his groceries and lead him
around when he had ,to'go to the 'doctor,,when I
carried him to th~,'doctor.
You helped him get the groceries back to the'house?
Yeah.
How many times a week would you go to the grocery
store with him during 1970?,
Once a week.
Once a week?
Yeah,that's all the time we ever went to the
grocery store.
In 1971,after he got hOme from bei~g over in
Pittsburgh"did you help him go get his,groceries
when he lived in Eighty-four the'n?
No.Some of them - a few,but he would call up
there to the store and the man would bring his
groceries out.
Oh";he would call the'store 'and make an order and
they would deliver,it to his house?
Man owned the ,store would br,ing them out to his
hOuse.
I see,and he lived there alone,didn't he?
Yeah,he lived alone.
So he prepared his own food"didn't he?
92.
A Well,I reckon nobody else.Well,some 'of the
women go around and cook sometimes for him but he'
wouldn't eat it•.He wouldn't eat it.
93.
Q
A
Q
But apparently most of the time he would do for
himself?
Yeah,the most of the time·he.would.
All right,and he paid his bills,didn't he,gas
bill and light bill and phone bill and grocery
bill?
A His money did.I paid it.
Q Who cashed the check -would he give you the check?
A He would always get .the check cashed.He.gave me
the money.
his checks.
He wouldget·~the grocery man to.cash
Q I see.He did that himself?
A The grocery man would bring the order to his house
and then bring him his change.see f he would tak~
Q
A
Q
A
Q
A
Q
his check and give him his change,what was left.
Now,when he gave you money to pay the other bills,
di.d he knowhow much he was paying?
Sure but I would tell him hOw much ·it was.
And did he understand?
Yeah,sure he understood.
Did he understand all through-197l?
I don't know whether he understood all through
1971 but he did about liis bills but not everything
else.
Now,what about 1970 ,.would he understand how much
A
94.
he was paying on those bills whe'n you talked to him?
Yeah"but ,anyhow ,some of them bills he coul..dn't
see but he would trust me'.He asked me to look
at ,th.em somet"imes,,'ask 'me how much isit John and
I would tell him.
But he a'sked,You how much it was,didn't,he'?,
Yeah.
And when you told him ,how much it was,.he
understood what you mean't?~,
That's right.
Then he would give you that amount of money?
Yeah,and sometimes more and tell me to get out of
that what you are ,supposed to get out of ,there.Lbts
of t"imes,I gave him:money,back and say Mr.'Miller,
yOU gave me too much money.
NoW,you said Mr.Miller was able to read if he
us,ed a spy,glass'?
He was able in big print.I don't know whether
Q
A
Q
he could do no reading or writing,nothin'like
that,not wi,th :the SPy glass but I didn't see him
do anything like that but see his telephone bill
and light bill,now"he 'could take that spy glass
and he could look .at ,that if he wanted to.
Right"and he,could readit too?
He could tell what ~t was.
That's right,he knew what he was looking at when he
--------".-------------------
was readi~g it?
95.
A We.ll·,sometimes.·Sometimes he 'would hand it over
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to me and I would have to make out what it was but
he didn't mind that and I didn't mind that either.
Did he know he was handing you his telephone.bill
or his light bill?
He didn't know what bill :it wa,s,not all the time.
He knowed it was a bill.·
And was this true during.the years 1970 .and 1971
when you saw him.on those different occasions
and was over at his house?
Was :it true?
Was it true that he.knew what he was ha,nding you?
He knew he had bills 'and took care of his business,
he got his checks cashed and managed his own money
and made orderstothesto:re :and had groceries sent
in or else you would take him and pick up the orderP
Yeah,he.knowed that.
And he was able to:know •.
He was able to know :it but he wasn't.able .to do
nothin.He .just was abl.e to know it.
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He was able to know .it but not physically able to d)
it'?
No,he wasn't physically able to do it.
And I believe you did say that up to two weeks
be,fore he died,.that he knew .everybody,he knew who
96.
was coming to see him,knew who everybody was?
Yeah.
Yeah.
He ordered that himself?
Frigidaire;
Didn't your
I didn't understand you.
conversation,isn~that correct?
Mr.Miller didn't volunteer that to her?
wife ask Mr.Miller if he had a will?
And all the time 'that you knew him,I be'lieve your
No,she asked him,in front of me.
Yeah,he knowed it.
It was your wife then,when she came up to clean
Did he know a frigidaire was coming in his house?
signed it up and got this 'frigidaire for him.
from the blind people,you know,she went down and
the place up,it was your wife that started that
No,the home worker,this here lady that takes care
new frigidaire.
Three weeks to the time he died,he got this here
He knew everybody then?
What did you say?
I said three weeks.
Court here that he seemed to know people?
No,sir,I didn't say th~t.
I say,two weeks before he died,did you tell the
Explain that again.A
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testimony was that he didn't discuss his family
with 'you?
No',he didn't much 'discuss his family business with
me at all.
97.
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And he knew you a lot better than he knew your wife'
'¥'eah,but I didn't,ask him about no wilL
And I believe you did say that he I?assed off her
question by saying that he had no will and that he
only had one daughter and all he''had was this house
and that his daughter,could give it to M,e'nther Lee
if she wanted to?
That's what he 'said.
He did mention Menther'Lee,didn't he?
Yes,he mentioned her.
Is that the 'last time you saw him?
No,I was up to the hospital to see'him.'
In Washington?
Yes.
Did he know who you were when you came to'visit
him?'
Y~ah,heknowed who I wa's.'
How long was that before he 'died?
That was on a Thursday and I think he died sund~y
or Saturday.
That would be two or three days before he 'died?
Yeah.'
98.
Q Was ,there anybody with you ,at ,the hospital?
A Lucius.Heknowed both of us and he ,set up in
bed there,propped up on pillows.'and talked to
both of us.
,'57 when I first met him.
a day .
And you saw him every day mostly?
with him and at ,times he was a nice fellow,.easy
Hissist'er come in,him
You have known him since 1957?
At :times couldn't nobody get along
to get along with but .attimes,his people'couldn't
At times.
Let me ask you this:
and her COUldn't,get along.
He wasn't the kind of person you could push a,round?
No,I wouldn't.,think he was a fellow .you could
get along with him.
And you were neighbors actually from 1958 on?
Yeah.
Was Mr.Mille'r a person that had a mind of his own
or was he .just a ,fellow .tha,twould go along with
anybody?
Practi,ally every day,sometimes two or ,three ,times
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Q Independent fellow?,
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;Right"he was indep.endent.
Kind of had a head of his own?
A Kind of.
99.
MR.MC .ILVAINE:Thank you very
much.That's all.
THE .COURT:On this day whe
he would get down.and got disabled and couldn't
Well,he could creep aroun.d the house .there,Mr.
well,he had spells,you know,he would get where
three weeks,a month,and then got to where he coul
The year before
In fact,all the ti~e until
around his property and around th
walk around?
you were cleaning the .refrige;rato
or putting stuff into it and your
wife was :there,,was he able to
house?
THE COURT:
he died,did he'.get around,get
Oh,yes,he was walking around in the'kitchen.
Miller could.
do anythi~g for himself and sta,y like .that say two,
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THE COURT:What kind of
work did he'do?
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A Well,all the time I knowed him,carpentry work.
THE COURT:Do you know
Vlho'he.·did work for?
know.he·was ·ableto read and
he belonged to the union?
write,he ·could read the newspape
oftravelin'different places workin'.
Do you know if
As ·far as you
Before h.e got
He done a lot of
THE COURT:
THE ·COURT:
and all?
He·just worked for different people,done carpentry
work for anybody he could.
carpentry work ·on the ·hOuse for me and done a lot
No,I don't think h.e~belo~ged to no union.
Oh,.before he.got sick,yeah..
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sick he used .to.take the paper but he quit tak.in'
the paper,well,after he come·out from gettin'
burnt in '69.
THE.COURT:His ·eyes went
A Yeah.
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bad?
the bench,Your Honor?
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THE COU;RT:.
that's all.
MR.SENTNER:
THE COURT:
All.right,
May we approact
Yes.
we would ask that the burden
shift to Menther Lee M.artin to
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MR.SENTNER:At .thisstage,
come forward to establish .that
the will was made without any
undue influence,fraud or
constraint on the basis that we.
have established,through the
testimony so far,that the deceden,t
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was 'a man of 88 xears of age,
feeble .in body,particularly as
to his vision,and a weakened
individual,that the beneficiarx
was Mehther,Lee Martin ,:that ther ~
is no blood relationship between
Menthe'r:Lee Martin and the
decedent,that she was instrument;!.l
in getting the will made up,
which is 'clarified in the deposit on
which is 'part of the record ,that
the will was kept in her control
and .custody until the time of his
death :and under the case'law,the
burde~shiftsto the beneficiary
her to prove a lack of the.
of the will at this point,for
al.legations we have .charged.
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THE .COURT:Where is it
in the .re.c:ord thatshe'had the
will prepared?
MR •.SENTNER,:r.t's in the
deposition and it.'s.filed as part
of the .rec'ord.
103.
THE COURT:It'S.not part
of the'.case'until ~ou move .it
into evidence.
MR.SEN.TNER:We will request
I don't.:know .where we:~stand.
call her for cross-·examination.
Have you completed your case?
,Men.ther.Lee Martin because you
You are making
No.
We want to.call Mrs ~
at this point,that·the burden of
a motion here,'.as I understand it
MR.Me ILVAINE:
proof in this 'case shi.ft over to
Now,you are saying you want to
that.
MR.SENTNER:
Martin as .forcross-examination.
claim you have 'showncertain thine s.
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still open?
MR.SEN.TNER:Yes.
104.
MR.:Me TLVAINE:.Then this i~n't
the 'time'forthe 'moti.on.
THE .cOURT:Yes','the 'motion,
is pr'emature.
witnesS'as of cross-examination •
call her as of cross'-examination
reques.t to call ,her as of
However,I don't.thi'nk you can
I~this 'is a
have every right to call'her as a,
MR..Me ILVAINE:
cross-examination,I ,think you
at :thisst'age of the',:game because
if you 'Call her,you are calling
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she.says :in response'to your
questioning becomes a part of
your.case and you are .stuck with
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MR.SENTNER:Subject to its
credibility.
THE COURT:That's always
.the'..case.,
105 .
her as of cross-examination so
pe'rmitt'ed to call her as;fo;J:;'
what.e.ver.her.te.stimony-is,it
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calculated risk.
THE :COURT.:
erasS'-examination.
MR.MC 'ILVAINE:
MR •.GILMO'RE :'
we :ask...
END 'OF STDE:'B'J\:R.'
MR..,SENTNER:
You will be
You 'are 'callinCJ
Que:s.tions that
At ,this point
Your Honor,I wo'uld'like to call
Men:ther:Lee :Martin as ofcross-.
examination in our case.
MENTHER LEE'M1\RTIN 'CALLED AND SWORN'.,
MR.MCILVAINE:At this point
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our position is that h~shou~d
not be ?alling .this witness as of
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this witne~s as his own witness
in his own case.
statutory provision th~t we can
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call an opposing party as for
We·recognize that there's some
danger if there's some evidence
put ,in to hurt us but we·are not
calling her as our witness,not
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by any means.
THE COURT:
That's
The Cour,t
understood at side bar,Mr.
McIlvaine,that you agreed that
it was the right 6f Mr.Sentner
and Mr.Gilmore to call this
wi.tnes·s as for·cross-examination
but yoU took the··position they
-._--------------------------,---
Cross Mrs.Martin
would be,b6und by.hei ,testtm,ony.
107.
CROSS-EXAMINATTON :OF MRS.MARTIN BYMR.,~'SENTNER:
Mrs.'Martin,:where 'do you pres'eritly res',ide?
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THE COURT:
let's,proceed.
728 Nlahe'im street.,
And how long have you lived there?
17'years.'
THE .cOURT;
Pittsburgh?
Yes.
Do you drive?
Yes'.'
Do you own an aut'omobi,le?',
Tha;t "s,right.
All right,
I sth.at :in
My'husband and I,yes.'I don't,have my own.
(Will marked as E~hibit B~)
Q Mrs .Martin ,do'you r.e,cogni.ze 'this do:cument T'm
108.
showing to you,from the.face of it?
A Yes,sir,it looks familiar.
Q Do you recall whO was inst'rumental in drawing up
the will,who typed the will that I showed you?
Yes.
Charles Wilson.
And whO is that?
Can you recall what month :it was?
It was winter I
Do you recall when.he'call:ed you?
typing up this will?
It was the'same month I took him back to Pittsburgh
to put him in the hospital.
Yes,it was winter or fall.
im~gine.
You want me to tell'you -well,my father called me
and told me to go and .g.etit done and bring it up
to him..
No,not.the exact date I can 'ttell you that.
What were the circumstances'leading up to.him
Was it in the winter.?
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can't.hear you.
A I wasn't quite .sure of the exact date,you know.
Q NoW,you say your father.called you andto.ld you
L ."~?
109.
A Yes.
Q And you subsequently obtained this viill,is that
correct?
And who actually typed the words on the 'will?
Who wa's preseritand witnessed the signing of this
Who witnessed the,wi,ll,,the,signing of this will?
What do you mean?
Alberta Simpson ,Rev.R.W.Martin and myself.
Did yoU:carry this will out to Eighty-four and have
She already
answe,red that.
MR.MC ILVAINE:
Mr.Charles Wilson.
Charles Wilson.
Charles Wilson.
Is he a Justice 'of the ,Peace?
The paper itself?
He was.
Yes .'
Where did you get .the 'will?
wi,ll?
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A Yes.
Q What became of the will 'after it was signed?
A He told me 'to put .it with ,the rest of the important
110.
papers.
she doesn't remember what date
You don't recall the precise date?
Where was it kept then?
In my house,right.
Well,she says
I think that
Can you recall the
THE COURT:
speaks for itself,Your Honor.
The will is dated February 8,
1971 and that speaks for itself.
And where was it kept,I mean in your house?
Of what?
precise date?
MR.MC ILVAINE:
When I brought him -let me clarify this,okay?
The date of the signing of the will.
Not exactly,no.
In the folder with the insurance papers.
Just answer my question.
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but there is that date on the
will,is there not?
MR.SENTNER:Yes.
Q Was this signed the same day it was prepared?
IlL
A Yes,I believe it was.I'm not sure but I believ~
it was.
So whatever information Mr.Wilson got he got
The information that Mr.Wilson received,yes.
Did your father ever talk to Mr.Wilson directly
Were you in his office when he typed up the will?
May I see the
will?
THE COURT:
Yes.
He got directly from you?
Right.
from you,is that correct?
type on it.
My father told me what to say,what to have put on
the will and that's what I told Mr.Wilson to
No.
with regard to this will?
Were you in Mr.Wilson's office the time it was dra~n
or was typed up?
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MR.SENTNER:Yes,Your Honor.
(Will,Exhibit B,handed up to the Court.)
Q Mrs.Martin,I'm going to go back just a little bit
112.
over what you have already testified to.Your
father called you and told you to have the will
drawn and told you what to have put in the will and
then you went down to see Mr.Wilson and he typed
Wilson's office but she wasn't
the best of her recollection that
to overrule the objection.We
she thought it was signed the
Well,I'm going
Objection Your
The woman testified to
sure .
THE COURT:
MR.MC ILVAINE:
Honor.
will let her answer the question.
Read the question back•
same day it was drawn up in
it was that it was signed?
up the will and do you recall from that point when
(Last question read back by the stenographer.)
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A I think it was either that same day or soon after,
I'm not sure.
Q You don't recall going from Mr.Wilson to Eighty-
four?
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straight from Mr.Wilson?
On the same day.
I said I wasn't 'sure.
But I say you don't recall going straight from
Mr.Wilson?
No.
Do you recall what time of the day you went to
Mr.Wilson to have this work done?
It was in the 'afternoon.
Who was with you at that time?
I was by myself.
You said the will was signed at Eighty~four.Was
this at Mr.Miller's residence1
Right.
Do you recall what time of the day the will was
signed?
In the evening.
Can you give me an approximate time in the evening?
No,I couldn't give you the approximate time.All
I know it was in the evening.
This wasn't the day you teok your father back to
Pittsburgh?
Yes.
It was the day you took your father to Pittsburgh?
Yes.
What time did you take'him to the hospital,do you
113.
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remember?
I didn't take him straight to the hospital.
When did you arrive at your f~ther's house on the
day the will was signed?
The time?
Yes.
I couldn't tell you the exact time.
What part of the day?
114.
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know.
Do you recall how long you were there?
We were there quite a long time before we left.
How long?
There again,it's going into exact.
No,IJ'm not asking exactly,approximations.
Oh,late into the evening.
Were you there four or five hours?
Yes,or more.
Do you recall what time you left with your father
to return to Pittsburgh?
No,I don't.
Was it night?
I think it was towards dusk or night but the exact
time I couldn't tell you.
Had you already made accommodations for your father
in Pittsburgh?Did you have a place for him to
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stay in Pittsburgh?
Oh,yes.
,-Where was he ~o stay!
With my aunt.
And did he in fact stay there?
Yes.
Now,who was with you in Eighty-four on·this day?
Rev.Martin and Mrs.Simpson.
And who is Reverend Martin?
He is seated over there (ind~c~ting).
What relation is he?
He is my husband.
And who is Mrs.Simpson?
She's my sister-in-law•
Was there anybody else with you on that day?
No.
Do you recall whoseacar you were driving?
Repeat that.
Do you recall whose car you went outto Eighty-four
in?
Yes.
Whose car?
Mrs.Simpson's.
Mrs.Simpson's car?
Yes.
And did she drive?
115.
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116.
Yes.
Does your husband work?
Yes.
What are his hours of work?
It varies.
Recall whether he had gotten off work that day or
didn't he work that day?
He worked that day.
He did?
Yes.
And did he come out to Eighty-four after he got
off work?
Right.
What time does he normally get off work?
5:30,6 o'clock.
Did you drive shortly after that out to Eighty-
four?
Back out?
Shortly after he got off work,is that when you dro~e
out to Eighty-four?
You asked me who took me to Eighty-four first,
didn't you?
I'm asking you when you left Pittsburgh to go to
Eighty-four on the day we are talking about.
A Right.Okay.Didn't you ask me a few minutes
ago did Mrs.Simpson...
117 .
Q . .I'm not concerned about who was driving.I'm
saying what time did the three of you leave Pittsbu gh
to come to Eighty~four.
Yes.
Reverend Martin.
No.
He drove out in his car?
I don't even remember which car I
HoW did you leave?
I don't know.
And who drove Mr.Mill-er back to Pittsburgh?
And your husband came out later?
And do you recall what time he got there?
You didn't leave together?
Mrs.Simpson brought me,and when my husband got
No.
Right.
We didn't leave together.
Right.
I see•
off work,he came out.
Who did you go back with?
You went out there earlier with Mrs.Simpson?
Right.
Just the two of you?
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Q But you do recall your husband driving?
A Oh,yes,sure.He sat in front.
------
Direct -Mrs.Martin 118.
Q Mr.Miller sat in the front seat'?
..
A Right.
Q with your husband?
A Right.
e Q And you drove back to your aunt's place,is that
«correct?z0(>A Yes.oJ>-IIIZz Q And did you have .the ·will with you?iiiII.
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J:Q Do you recall where precisely in the·house .theIII0(~will was signed?..:u
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:I:I-Q Was Mr.Miller sitting at the time?,..
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.,..
.DIRECT EXAMINATION·BY "MR.·Me ILVAINE:
Q Mrs.Martin,did you at any time sugges·t to your
..
father,Mr.Mi·lleitha.t is,that he'should leave hi p
---_.-
119.
property to you?
A No.
Q Did you at any t'ime threaten him or put any pressur
on him to draw a will for your benefit?
undue influence on her father
have here a witness and one of
I have asked as of cross-
to prove is that this woman used
Your Honor,we
Your,Honor,I
I object.
the things they have been trying
MR.Me ILVAINE:
think Mr.McIlvaine is limited ani
MR.SENTNER:
MR.SENTNE R:
examination.
restricted to the questions that
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to get h'im to sign over this ,,,ill
and all of his property to her.
That's what they have alleged her~.
She was practicing fraud on her
fath,er.This is the woman.
They called her.'Now,I'm
120.
entitled to go into that.
THE COURT:You are entitle<
to go into that by calling her
as your own witness.You can't
EXAMINATION BY MR.'MC ILVAINE CONTINUED.
Let's take a
short recess now.
hearing is resumed at 3 :30 p.m.,
go beyond the scope of their
examination.
(Recess taken at 3:00 p.m.;
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Mrs.Martin,during your initial examination here,
you were asked about how the will was signed and al
that and who was present and I believe you said tha
when the will was signed,there were three people
present and who were they again?
Mrs.Simpson,Reverend Martin and myself.
Q Now,this was signed at Eighty-four,what we are
calling Eighty-four,and by that we mean Mr.
Miller's home?
A Yes.
Q Now,I believe you said it was signed in the living
121.
room?
A As I think about it,me o.nd my sister...,in-law was
in the living room and my husband was dressing him
in the bed room and he.called us into the bed room
He called you in?
Right.
Now,who made some expression about signing the
And all three of you were there when he did it?
Let's get it
talking aboutLucian Miller?
clear on the record,when you
THE COURT:
refer to your father,you are
Who started the idea that he was going
Right.
so I made that mistake,so it was actually signed
in the bed room.
to sign and wanted you in there?
He did,my father.
will?
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A Right.
Q You are referring to Lucian Miller as your father?
A Right.
Q Have you always referred to him as your father?
A I called him daddy.
Q How old were you when you first went to live with
,
122.
I
him?
MR.SENTNER:Obj'ecti,on Your
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...:between you and him were concerned?
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J:l-I'A He the only father I knew....was
uilI:Q All right.Now,while the will was being signed,\II
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0ii:u.A No.0
e Q Would you say he signed that will 'freely?
A Yes.
Q And did he know what he was signing?
A Oh,yes.
Q Did he know tha.t this will was giving everything
to you?
123.
A Yes.
THE COURT:How did he know
that?
then and signing it.
Did you have him locked up in the room or
Now,at the time of the signing of this will,was
He told me to have it drawn up and to bring it out
We were
We didn't carry him.
Now,how did he get to the car?
My husband and I were there naturally
Oh,yes.
and before we left,he insisted on us coming in the e
getting ready to leave .
By himself?
All right.
He walked.
Was his mind alert?
He was sitting on the side of the bed.
Yes.
condition?
he laying in bed or sick or what was his physical
He walked.
Did he know who you were?
with him but he walked.
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imprisoned in any way before he ~igned the will?
A Oh,for heaven sakes,no.
Q Did you say anything such as you wouldn't take him
Recross -Mrs.Martin
.to Pittsburgh ·or take him to the hospital or
anything if he didn't sign the will?
124 .
A
Q
A
No.
Did you put .any pressure of any kind on your father
to make him sign the will on that day?
No,nothing.
MR.MC ILVAINE:That's all.
RECROSS-EXAMINATTONBY MR.SENTNER:
Q
A
Q
A
Q
A
Q
Mrs.Martin,you said that Mr.Miller was sitting
on the side of th.e bed when he signed th.e will.
What was the will resting on?
The bed side table,little table,small table.
And did he sign it unaided?
Right.
Did he read the will before he signed it?
He had me to read it back to him.
He didn't read it himself?
A He looked at ~t.He could read.
Q
A
You say he could read?
He had a magnifying glass and after he had the
operation on his.eye for cateracts,he had these
extra thick lens and he could,any bills or anythin~,
you couldn't make any mistake with any money.He
125
would correct it.
Did he read the will on the date it was signed?
Do you recall him signing his name to anything else.
you may step down.
He read it himself?
All right,
That's all.
That's all.
MR.Me ILVAINE:
THE COURT:
MR.SENTNER:
His checks.
Right.
Right.
Did he use the magnifying glass?
Yes.
What?
besides the will after that day?
Checks.
Why yes.
Q
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MR.SEN'l'NER:May we come
to side bar please?
THE COURT:.Yes.
.AT SIDE HAR.
MR.SENTNER:Your Hono!!,at
126 .
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this time,I would renew my motio~
to shift the burden to the
proponent of the will,Menther Le~
Martin,for the same.reasons
and grounds I raised before,on
the basis of Stewart's Will,
354 Pa.288,which says in a
will contest,in which the eviden~e
shows bodily infirmity and greatl~
weakened mentality,the
presumption of undue influence ar ses
where a stranger to the blood of ~he
testator,standing in a
confidential relation,is benefit~d
by.the will whi.ch he.has been
instrumental in having executed,
and it goes on to say.
THE COURT:
interrupt you.
your case?
MR.SENTNER:
••Let me
Have you concluded
No,.Your Honor.
127.
I'm asking at this point that the
burden shift to the proponent
of the Wi'll on the basis we have
made out all :the 'a,rguments tha>c
need to be 'made out,namely that
of confidence and such a relation
andthi,s 'case sa,ys that no
parti:cul'ar words or form are
required to create a relationship
Well,it's,THE COURT:
direct proof.
there was a confidential relation::hip
may be found inferentially from
circumstances as well as from
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I'm not going to rule on this
are you prepared to put some
gettingla,te in the afternoon.
in the ,interest of going ahead,,'
I wi'll ask Mr.McIlva,i e,motion.
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witnesses on now so we can
hear everybody?
MR.Me ILVAINE:Yes',I have the n
here.I have ~f course the
woman that just testified and the
128.
two people there when the will wa
signed and I would like to have i
clear on the record now.,Are yo
closing your case now?
like the motion ruled on because
I can't proceed until it is
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MR.SENTNER:No.I would
Brantlinger Will,this lays out
what we are talking about,undue
influence and shift of the burden
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motion.
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In 418 Pa.•236,
woman enjoyed any kind of
Now,in .the first place,they
haven't proved a confidential
no preof of any kind that this
There has beenrelationship.
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confidential relationship or that
she had him under her thumb.
THE COURT:Well,all I'm
saying is,in the interest of
permitting me to hear everybody,
Direct -Rev.Martin 129.
I will not rule at this time but
I am asking Mr.McIlvaine to go
forward with his case.
MR.MC ILVAINE:For the record,
this is for the convenience of
it at this point with that
understanding •
END OF SIDE BAR.
I'll conclude
Yes,and I'll
the same purpose.
MR.SENTNER:
conclude my case at -this time for
the witnesses •
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----.-..-,,,---.-DIRECT EXAMINATTON BY MR.MC TLVAINE:
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~"REVEREND ROBE-RT W.-MARTIN CALLED AND SWORN .
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Q Reverend Martin,:where do you live sir?
A I live in Pittsburgh,72S Anaheim street.
Q HoW old are you?
A 41.
Q Are you employed?
A Employed,yes,I am.
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Q
A
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130.
Where are you employed?
At the Giant Eagle Food Markets Inc ..,busine~s offi ~e
in Pittsburgh.
And the nature of your work?
Commercial artist.
And I notice you had a title of Reverend.Are
you a~pastor at a chtirch?
Yes,Second Baptist .church in Penn Hills.
HoW .long have you he.ldthat position?
Eig.ht years.
Are you married?
I am.
And do you have any children?
I have four children.
To whom are you married?
Menther Lee Martin.
Is that the lady that was just on the stand?
That is correct.
Now,are you familiar and did you know Lucian
Miller,now deceased?
Very well,yes.
And would you tell us please how you knew him?
We.l.l,I knew Mr.Miller ev.en before I married my
wife,Menther Lee Martin.I knew him from seeing
him in the community and after I married my wife,
I worked with Mr.Miller on some occasions,after I
131.
married my wife.
1952.
When were you married?
I worked with him to help him install some
Miller and I do .it because I be.1ieve every person t at
Now,please ~describe the
What kind of personality
You will notice ·1 call him Mr.
What kind of a mind did he have.?
is acquainted with Mr.Mi:l:ler gave ·him that
many things that she was..concerned with also
because I will say this to.the Court,on one occasitm
distinction of being a respected person and I have
known him to be quite~concerned about my wife and
in many ways .
Mr.Miller,..to me,was a person that I was quite fo d
of.He was ·a very stern man,very positive man
did he have?
That's right.
19·years I guess·itis.
type of person he ·was.
So then you have known Mr.Miller almost 20 years?
Just .about right.
Be.fore he died.
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windows and also to repair a roof and he gave
whatever salary he was paying me,.he gave to my
wife.I hever knew what I was getting paidr wh.ich
I feLt was all right,~ecause that was Mr.~iller.
Q All right.Now,answer this:What was the·
relationship between your wife ·and Mr.Miller?
--------------.----
132.
A To my knowledge,I knew not only Mr.Miller but Mrs
Miller,the second wife and I understood that they
were godparents to my wife.
Father.
And how did Mr.Miller refer to your wife?
And how did your wife·refer to Mr.Miller?
I believe so,yes·.
Often times in th_e
my wife and my sist·er wa·s there ·and I went into the
house ·and into the living room,spoke to my wife
and to·my sister and then to go into the bedroom to
speak with Mr.Miller and help him to put on some
To)my recollection,I bel.ieveth.at when I came therF>
day of apparently the 8th ·of February,1971?
circumstances of the .signing of this will on the
Can you tell us what you remember about the
hospital he would refer to her as my daughter.
Now,you were present,were you not,when this
will that's in issue here was signed?
My daughter,that's all he·called her,and,th.e
name baby,my baby.
Was this true from 1952 down to the time he died?
Yes,until the time he died.
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Q All right.Now,wh6 called your wife and your
A
sister into the bedroom to sign that will?
Mr.Miller did.
131
Q Did you in any way prompt him or pressure him or
make any sugges"tion or make any threats or put
any kind of pressure on Mr.Miller to call your
sister and your wife "in?
A No,not at all.
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That's correct.
Your wife testified th.at he was seated on the bed?
Then he signed the will?
And wh.en he signed the will,did he "know or evidenc/=
to you that he knew what he was signing?
He appeared to know exactly what he was doing,to
Is that your memory?
That's right.
All right.
Yes,he did.A
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Did he make any statements that would indicate to
you that he knew this was a will he was signing,
that you remember?
When he called my wife and my sister in to the
bedroom,he mentioned to bring the will in and
that's about all he said in that respect.
Q So he knew it was a will he was going to sign?
A Yes,he did.He knew it was a will,that's right.
Q NoW,did he evidence to you that he knew he was
signing a will that was going to give your wife
the property there that he had at Eighty-four?
134.
A He.had made ·mention to m.e prior to the :actual
signing that he wa,sgoing to leave everything to
clothes on.
because I think he said he wanted to ride with me.
and seemed quite normal at .that time.
You and your wife have beeri living together since
He always addressea
Matt·er of fact,I'm sure he did,
And how would you characterize his mental alertness
On that same day while I was helping him to put his
Yes,he was.
I think he did.
baby.
Whe·n did he do that?
Did he know he was going to go to Pittsburgh on tha
day?
Did you take him in your car to Pittsburgh?
Yes,in my car because he "didn't.have to squat down...
on this ·day ~vheri he ·signed that will?
I would say it was excellent.
me as Rev.or Reverend Bobby and he recognized me
to.get into a smal~er car.
All right and was he able to walk around under his
own power at that time?
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1952?
A Yes.
Q And during this period ot time up until the day of
February 8,1971,thedate .this will was signed,do you
135.
know of any time .that your wife made any kind of
threats or put ,undue pressure or exercised any
kind of influence on Mr.Mill'er l s mind?
as I can recollect.
1970?
your wife?
know of put a lot of pressure :on Mr.Miner and get
Every time
Did you have ·.any occasion to be with him?
Did he redognize pe6ple?
Yes,he would recognize people and he would,on
several ,occasions,J?~ay withthedQg which was name~
Trixie and we had quite a favorable ;fellowship
That1s the year prior to the time he signed th.e
I went to see Mr.Miller,.excusing the time prior
to his death,he was in pretty fair spirits as far
Yes,we wer.eT"with him .quite often.
will.
I don1t know of any occasion.
him to sign a will that would leave everything to
No.,I don I t know of any such thing •
Did you or anybody in the immediate family that you
In 1970,.that I s.the'year prior toth.e time .the will
was signed,tell us what Mr.Miller1s mental
alertness was like?
A
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and everything seemed normal.We were concerned
about .his health.
Q He mentally knew who he.was,,whe're he was and what
Cross Rev.Martin 136.
he was doing?
A Very much ·50.
Q And in all this ·time ,..did he consider and think
CROSS -EXAMINATION BYMR•SENTNER:
You said that you knew }ir.Miller prior to your
that worked around different churches and so forth.•
Was that in Pittsbu~gh?
Yes,in Pittsburgh •.
Do you recall how long prior to 1952 this was?
That's.all.
How .long prior to ),Tour
MR •.MCILVAINE:
marriage to Henther Lee·.
marriage in 1952?
of Menth'er Lee:·as his ·daughter?
Yes,·he did.
well,I had seen Mr.Miller from time to time
working in the community and buying supplies from
Center Feed Builders where I knew most of the men
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A well,to see him and speak with him,I imagine
about three years.
Q S6from about 1949?
A Yes,even before T m:arried my wife,that's correct.
Q
A
And was he living in pittsburgh at .that time?
At the time I married Menthe·r Lee,·I think .they
137.
were living in Eighty-four,pennsylvania.
correct.
made the acquaintance,I don't know where he was
In and around Pittsburgh?
Did you work with him during this time?
Let me makeWhenIseenhim.
That was prior to my knowledge.
I knew the acquaintance is what I'm tryin~
Mr.Miller was living in Eighty-four,Pennsylvania.
Do you recall when he moved to Eighty-four?
No,I don't.
When you first became acquainted with Mr.Miller,
In and around my community in Pittsburgh,that's
NO,I worked with Mr.Miller during the time I was
this clear.He was working in Pittsburgh,where
living.
carpentry work mainly.
to say.
When you first became acquainted?
I lived.Now,where he lived at the time that I
where was he living?
What type of work was he doing?
He was repairing roofs and putting windows in and
When I knew him.
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going to the Seminary and that was around '57 or
'58,around that area.
Q How long had you known him at that time?
A Well,my acquaintance with him before I married in
1952 and from 1952 onto 1957 I was working with him.
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No,you said that prior to your marriage to Menther
Lee,you knew Mr.Miller for some period of time.
I said approximately three years,just to see him
in the community.
During that period of time,did you work with him?
No,not that period of time.
What would he be doing when you saw him in the
conununity?
Buying materials and working in different homes in
the community.
And what was your occupation at that time?
At that time,I was working odd jobs,small jobs.
But you didn't work with him?
No,not with him.
Did you have conversations with him during that
period of time?
No more than greetings.
Do you recall who introduced you to Mr.Miller,how
you first !Uet?
I officially met Mr.Miller after I married Menther
Lee.
I mean prior to that,how did you know this was
Mr.Miller?
138.
MR.Me ILVAINE:I don't think
this is relevant,Your Honor.
THE COURT:
relevant?
MR..SENTNER:
How is it
, .Well,I think
139.
Your Honor,it's a matter of
credibility:I think the testim<ny
will show ~hat,Mr.Miller was not
in Pittsburgh during this period
of time.
THE COURT:He didn't say
he was living there,he said he
was working there.
MR.SENTNER:
that.
THE COURT:
ahead.
I understand
All right"go
A
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Roughly in 1949 you said you had known him,
roughly from 1949 to 1952?
Yes.
Do you mow where Mr.Miller was living?
No,I don't.
Did you know him when he lived in Pittsburgh.
A
140.
No,I don't remember where Mr.Miller lived at the
time.I had seen him occasionally in the streets.
Did you know him when he lived in Pittsburgh?
I don't know where Mr.Miller lived,when I first SeW him
You married in 1952 and met Mr.Miller officially.
Now,did you have occasion to visit him often after
that date?
Yes.Sometimes he would visit me.
And who would visit you?
Mr.and Mrs.Miller.
Was that his first or second wife?
Second wife.
Do you recall when he married the second wife?
No,I don't know that.
But you knew his first wife?
That's right.
Did you travel out to Eighty-four to visit him there?
".
Yes.
How often would you go out there?
Oh,quite often.When I say quit~often,it would
A
be mostly on Saturday or on holidays and such as
that type of thing.
Can you give me any approximation,how many times
a month?
Well,when we first got married,it wasn't too ofter
because they visited me,more so than I visited
141
them at the time.
Q Mr.Miller would drive into Pittsburgh from Eighty-
four to visit you?
A I donlt really remember how he came to Pittsburgh
because 1 1 m not certain.
That I can't be certain of also.
I seen Mr.and Mrs,Green from a distance.We
Did you ever see Mr.Miller drive a car?
It's been some
I don't like to say he was driving
His name was Mr.Curtis•.
at that time.
Only person I knew in Eighty-four at that time
Do you recall the first time you ever saw Mr.Green?
I don't recall the first time.
time ago.
at Center Feed Supply Company,a man who knew my
Did you know Mr.Green?
When you went out to Eighty-four,did you know any
family.
of Mr.Miller's neighbors?
didn't know each other personally.
was a man that was working or th~t also worked
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Miller?
A When I got married?
Q Yes.
A I think Mrs.Miller at the time ·lived with Mr.
Miller,when I got married.
142.
Q Was anybody else living there?
A
Q
My wife was staying in Pittsburgh at that time.
Was anyone else living with Mr.Miller at that time
A Not to my knowledge.I have no knowledge of that.
Q When you first met your wife,where was she living?
Must have been in 1952.
I couldn't say.
And with whom was she living?
Avenue in Pittsburgh I believe.
I think at this time sheMoreorless,right.
You got married the same year you met?
What year did you meet her?
Was she living with Mr.Miller?
I have no knowledge of that.
When I first met her,she was living on Webster:5 Az<>.J>CIl
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stayed at her mother~s house at the other end of
Webster when I met her.
This would be in 1952~
Yes ..
Do you recall how old she was at the time?
A She was about 16 years old.
Q Did you meet her mother?
A Yes,I did.
Q Howald was she when you got married?
A About 17 I imagine.
Q How many times have you visited,if you can give mE
143.
an approximation,how many ti~es have you been out
to Eighty-four to visit Mr.Miller,generally
speaking,well,how many times have you traveled,to
Eighty-four to visit Mr.Miller?
Yes.
I don't know.
More than a dozen?
Was it a matter of months?
I can't remember a lot of the times on this.away.
I can't remember that.
How long was he in the hospital?
Did you visit him in the hospital?
This was the same month,I believe,that he passed
How long prior to his death was this?
No,I can't redall.
an ambulance that night and went to the Washington
Hospital.
Do you recall what month that was?
the home,is when we brought him to the hospital.
I think we went there and he was sick and we called
The last time "that I was ~n the Miller residence,
When is the last time you were out to Eighty-four
to visit during Mr.Mill"er's life time?
Yes,more than a dozen.
I have been there quite often.
I couldn't tell you the specific amount of times.A
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144.
Q But you went out to Eighty-four and called an
ambulance?
A At the time -you asked about the last time.
Q Yes.
A We called an ambulance.
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Did you call the ambulance?
Someone called an ambulance that was with me.
Could have beep me or my wife.
Q
A Yes,I went to the road to find it because they
couldn't find those back streets,that's right.
I think.I
And did he corne horne from the hospital after that
And an ambulance carne out?
I don't recall which one of us ·called.
recommended an ambulance be called.
You don't recall,specifically,.calling an ambulancl:>?
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On the last time we carried him to the hospital,
I believe he passed in the Washington Hospital.I
don't believe he carne home atth.at ti.me.
Do you recall what the weather was like at the time
he was taken to the hospital?
MR.MC ILVAINE:I don't have
any idea what relevance the
weather has on a will contest
and I object to it as being
145.
totally irrelevant.
MR.SENTNER:Your Honor,on
cross-examination I think Ilm giv~n
I mean the season~• .
doesn't specifically recall how
little picayunish to ask some
issue involved is the type of
It might seem a
I think that the
If he can recall wha~
the witness.
the weather was like,and by that
long prior to Mr.,Miller's death
the ambulance took him to the
issue that unfortunately,we are
going to have to rely on
credibility.
wide range and wide latitude
as to attack the credibility of
of these questions but I think th~y
are proper in that Mr.Martin
hospital.
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picayunish,it's totally irreleva~t.
THE COURT:You get into th~
situation Mr.Sentner where you
146.
are beginning to cross-examine
on collateral matters and even
though you might say that they
involve credibility,they get so
far removed from the issue that
whether or not he is credible
falsely testified on a material
very point,let's suppose he
on the points you are raising
We charge
How is that going
Let's suppose on this
a jury that if they find a witness
and you come in and show it wasn'
testifies it was snowing that day
snowing.
would be immaterial.
point.
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MR.SENTNER:..I think the
MR.MC ILVAINE:I can't remembe~
what the weather was like last
month,let alone two years ago.
THE COURT:There are mattel--s
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147.
which are so collateral that
even though the witness might be
shown to be.not telling the truth
with respect to them,it wouldn't
make any difference.
Prior to the time you testified to,when Mr.Miller
was taken by ambulance,when is the time before tha
that you were at Eighty-four?
Would you repeat that?
You testified th~t Mr.Miller was taken to the
hospital by ambulance prior to his death or
relatively close,rel.atively soon prior to his deat~.
When before that time were you at Eighty-four?
Oh,quite a few times.
When was the time before that,that you were
This is getting a little bit
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at Eighty-four to see Mr.Miller?
MR.Me ILVAINE:I object again.
simple.I don't mind Mr.
Sentner going into matters that
have some relevance but if we
have to sit here and go through
every date,clear back from the
time in 1952,this is burdensome
148.
and is not relevant to the issue.
The issue is whether or not there
was any kind of undue influence
put on this man or fraud in the
execution of thewi,l1.
From this point on Mr.Sentner,
let's confine ,the period to 1970
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and 1971.
All right.,
last time Mr.Miller was taken
Mr.Martin when,prior to the
in answer to the question,same
question,sometime ago,that he
The man said
I'm asking
to the hospital,that he vi,sited
Mr.Miller at Eighty...four.
MR.MC ILVAINE:
MR.SENTNER:
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didn't recall the exact times
and dates.He simply knew he
visited the man very often.
THE COURT:We are going
to make a long record with 'these
149.
colloquies.Let me ask you
this question..You were in
Mr.Miller's hOuse .the 'day he sighed
the will?
Well,the thing is we went out there quite often.
I had to go quite often because my wife was
between February of 1971 and the
tim.es were you there after that,
That was in
Now,how many
How many timestimehedied?
THE COURT:
Fehruary of 1971?
did you visit him at Eighty-four?
THE COURT:
That's correct.
Yes.
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looking after some of his business procedures,
business things as has been testified to I imagine.
She would have to go to the 'storefor him and
take care of some of his bills and we had to go
out on numerous occasions and I was the only one
at the time that could drive her down.that highway
150.
so we.visited Mr.Miller prior to that time quite
often and I don't ha·ve no·recollection of how many
times we visited Mr.Miller but it was quite
frequently.
Would you say that Mr.Miller relied on your wife
conclusions I don't think this
frequently?
months between February and
During those
Now,just a
You are getting into
Now,wh~t Mr.Miller's
MR.MC ILVAINE:
answer.
a subjective area and coming to
october,1971,you visited quite
minute..
THE COURT:
witness or anybody else can
to take care of his business?·
We did.
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mental state was is something ••.
THE COURT:. •Well,the
word "relied"might be improper.
Rephrase it..
151.
Q Did your wife,to the best of your knowledge~
provide M~.Miller with ~ertain seivices?
store?
I even provided it for him,even when his checks
Now,getting down to the day that the will was
weren 'tthere,shoes and socks 'and underwear and
Matter of fact
And you mentioned cashing his checks,going to the
Right.
Right.
To your knowl.edge,did Mr.Miller lean on or did
that he would call her out and she would call my
office and probably sometimes whe'n I got off of
There were many things he needed.
signed,did you know before you went out there that
a will was going to be signed?
No.I knew the day that we left because it was
wor~in the evening ,,we would have to go there•
.things of this nature"I bought those things .myself
because he asked for them.
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told ,to me but I had no prior knowledge that he had
talked with my wife at 'all.
Q Who to.ld you the day xou left that the will was goi!,g
to be signed?
A
152.
I believe my wife made mention of it to me.You
must understand this was my wife's father and•
Q . .That's all right,just answer my question.You
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say on the day that you left,she told you he was
going to sign his will?
She asked me to comerJ,out to Eighty-four after I was
through at my work.
And did she go out before you went out there?
Her and my sister left before I did.
And whose car were they in?
I think it was stated before,my sister's car.
Do you recall what time of the day you·got out therE?
Well,it had to be after 5 o'clock•
Had you seen the will prior to that?
No,I hadn't.
Did you see Mr.Miller sign his name to this will?
I was right there.
You saw him sign his name?
That's correct.
And where was the will sitting when he wrote his
name?
As it has been stated,on a table by the bed.
During the time you visited Mr.Miller out at
Eighty-four,did you ever become acquainted with
Mr.Green?You mentioned,I think,that you saw h~?
A I believe I met Mr.Green but as far as close
Q
relationship with Mr.Green,I didn't know him
personally sir.
Was he over in the house on the day this will was
signed?
153.
No,he wasn't,to my knowledge.
You didn't see him?
No,I did not see him.
I don't know.
You say Mr.Miller got into your car and you drove
him?
Right.
Did your wife and your sister follow you from the
house that evening?
One of us followed one of us.
You left together,at the same time?
That's right.
And when was the next time Mr.Miller returned to
Eighty-four -how long a period of time?
I can't remember now.I don't know.
Do you recall who took him back to Eighty-four?
I tell you I don't really recall.I could have
A
done it myself but I don't really know.
You don't recall.
No.
Did you read the will before you signed your name
to it?
At that time I did.
154.
I was aware of Mr.Charles Wilson at the time.
Do you recall who the executor of the will was?
read the will before he signed it
No,on the"back of th.e will,there's ·an executor..
Did Mr.Miller
That's all the
How did he do
MR.SENTNER:
questions I have.
THE COURT:
that?
THE COURT:
Do you know who the executor was?
I don't recall at the time.
named.
Yes,he certainly did•
sign it,that's all.
He had this magnifying glass and he was reading
and he gave his approval of it and asked them to
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took him back to Pittsburgh,~herE
did he go?
A I think I took Mr.Miller to my wife's aunt's house.
155.
THE COURT:How long did
he stay there?
A I don't know,I can't say really,how long he
stayed there.
wife's aunt's name?
Mrs.Vinnie Walker.
mistaken,taking him back and forth to a clinic
Well,at the,time we were,I believe,if I'm not
And what's your
Do you know why
THE COURT:
he went in there?
THE COURT:
than he would be in Eighty-four.
tests on him and he was closer to the hospital here
or to the hospital and they were running different
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THE COURT:How was Mr.Mil er
dressed when you arrived at his
home on February 8th?You went
there after work and your wife an<
her sister-in-law were already
there,right?
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A Yes.I think he had on - I helped him put on
156.
his socks and shoes and a shirt.I think he had
his pants and some long underwear on.
THE COURT:Why was it
necessary for you to help him ?
Because he wanted meta put his socks on and tie hi~
shoes up and hand him a shirt or something of that
nature.
THE COURT:Was he not
able to do that himself?
No,I think he was more concerned about getting awa
from that place at that time.
THE COURT:What was your
Addison.
wife's maiden name?
THE COURT:That's all.
(Witness excused.)
Direct Alverta Simpson 157.
ALVERTA SIMPSON CALLED AND SWORN.
DIRECT EXAMINATION BY MR.MC TLVAINE:
Yes.
his life time?
I believe you have been here all day today?
law,Mrs.Martin,when I was at their home and at
The first
Do you
I was about 12
Now,let me ask you th~s.
Do you remember the year that was when you first me
that time I was living there.
years old and he was there.
And how long had you known Mr.Miller?
time I had met Mr.Miller was through my sister-in-
I didn't know him very extremely well.
And you heard most of the testimony from the stand?
All right.
I certainly 'have.
Mrs.Simpson,where do you live?
418 Chatam Park Drive,Scott Township.
I heard some of it,yes.
know Lucian Miller,deceased -did you know him during
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A I would guess about '53,in around in there.
Q From 1953 up until 1971,did you know Mr.Miller anc
see him,on how many occasions?
A No,I didn't see him very much.I only remember
about four occasions that I had seen him.I had
158.
been out to the farm in Eighty-four,Pa.,about twice
and I had seen him in town about tWTce.
Q All right.Now,prior to February 8,1971,the
date this will was purportedly signed,how soon
before that had you seen him?
Yes.
first side there?
Yes,it is.
Ye~,I did.
I would say 8 years or
All right now,do you remember being
You heard his testimony as to where the will was
Was Mr.Martin also present?
Did you see him do that?
Yes,he was.
And you see where Mr.Miller signed his name?
And is that your signature?
And there's been a copy of this made and marked
Exhibit B and does your signature appear on the
I see.
Yes~it is.
more because I had married and moved out of the state •
present when this will was signed?
Yes,I do.
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And who called you in the bedroom to witness the
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Mr.Miller called me into the bedroom from the
159.
living room.I was sitting out,you know,you car
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walk out of his bedroom into the living room and I
was sitting there and h~called me into the bedroom
Who was sitting out in the living room with you?
My sister-in-law •
That's Mrs.Martin?
Yes.
And he called you both in?
Yes.
And did he tell you why he wanted you to come in
there?
Yes,he did.
What did he say?
He said,he was talking to me,he said he wanted me
to witness his signature "and to put my signature on
that piece of paper as a witness.
Did he know it was a will he was signing?
As far as I could tell h~did.
Did you see him read it?
Yes.
Did he indicate he knew what he was signing in any
way to you and if so,how?
A He asked for th~table.There was a little,I
"guess it was a little odd table against th~wall.
160.
He asked for it to be moved from the wall to where
the bed was.He also asked at that time for
some glasses and these were very thick glasses and
then after he got the glasses that were on the tabl ,
front of him on the table?
hadn't seen me,I would say,in about 15 years,
to the house,through the signing of this will,he
at this will and when he called you in on this
The glasse
From the time I got
seemed very alert and I'll tell you why,because he
particular evening?
well,I'll say about eight years and when I walked
He seemed very alert to me.
then he ~sked·~or.a,magnifying,glass.
How alert was Mr.Miller,mentally when he waslooki g
And did he have this will here,this very one,in
That was laying on the table.
Did you see him looking at it through these glasses
and that magnifying glass?
Yeah,he had both things.
were very thick.
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into the bedroom,when we arrived at the house,my
sister-in-law and I went into the bedroom.He was
laying in the bed and then they talked and then she
asked her father,I'll say her father,she asked he
father if he knew who I was and he said no,he didn t
know who I was right off and then she told him who
161.
I was because he hadn't,you know,seen me in a
long while and during this period of time,I had
married and moved out of the state.
Yes.
will?
No.
8 years?
He askedHeaskedforapen.
He asked for the glasses and he
Did he remember you once she told him your name?
asked for his magnifying glass.
Yes,he did.
Then did he recognize you?
for the table.
Did you see anybody and in particular,~id you see
the living room.
That's the first time you had seen him in about
Did you see Mrs.Martin put any kind of pressure in
Mrs.Martin threaten,Mr.Miller to sign this will?
Did you see her lock him up or imprison him in any
No.He asked for us:tosstep into the bedroom from
Yes,after she told him,you know,who I was.
way or refuse to let him out unless he signed this
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any way or in any way mistreat or int~m~date or
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coerce Mr.Miller into signing this will?
No,I didn't.
Q Did you do anyth~ng to force him into signing that
will?
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Cross -Simpson
No,I did not.
Did you see Reverend Martin do anything that would
be forcing Mr.Miller to sign that will?
No.
Would you say that he signed that will freely and
162.
without anybody pressuring him at all.and th~t he
knew he was doing it when he signed it?
That's exactly what I would"say.
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..:~~CROSS-EXAMINATION BY MR.SENTNER:
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:t
I-~will was signed?
Yes.
It was about 8 years before?
And you say you met Mr.Miller when you were about
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in my life •
I had only been out there twic
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12 years old,in Pittsburgh,is that right?
Correct.
Was he visiting in Pittsburgh?
He was visiting my brother and his wife and that's
the first time I met him.
Can you describe for me what type of home he lived n
-----.-----
163.
a,t Eightx-four?
A Well,I wa,s only out there on two occasions.I
couldn't...
isn't there?
Can you tell me what color the house is?
piece of land around it.
Can you tell me ,the color of the'house?
I'm asking her
Frame.
It might be a red house.
the question.
MR.MC ILVAINE:
MR.SENTNER:
out of,the siding?
No,I wouldn't have all the proper terms.
Can you tell me what type of material it's made
There is a difference betweeriframe and a brick hou3e,
When you sax frame,what do you mean by frame house
I can't be certain.
I can tell you it's a frame 'house that ,sits with a
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getting into a collateral issue
here.
THE COURT:No,I think thit:;
164.
i~proper cross-examination.
Sh~says she ~as theie.
MR.MC ILVAINE:I meant as to t e
actual construction of the house.
it's a little bit s~lly.
day?
Did she ask you to drive her out theie?
Yes,I left work early and took her out there.
Go ahead.THE COURT:
Weare getting to the point where
You drove your sister-in-law to Eighty-.four on that
She called me on my job.
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Where were you working?
I'm a stenographer for theU.S.Postal Service in
Pittsburgh.
What were your hours at the time?
8 to 4:30 and I left two hours early from work.
I went up to my si,ster.....~n-law's house to pick her
up and wait for her to get ready and we left,because
my Q;roth~r was not able to leave his job at that ti~e
and I took her out with her showing me the way'
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because I didn't even know how'to get out here.
So she had the ~ill with he~at the time?
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I would imagine.
You weren't with her in the Justice of the Peace's
Office when ·shepicked up the will?
No.
Do you recall what time you arrived at Eighty-four?
It seems to me it was 'da.rk when we got here,maybe
just before 5 or little after 5.
Do you recall seeing any neighbors around when you
got out there?
No,I don't recall.
Did you.go directly into the house?
Yes,we did.
And how long were you there before the will wa,s
signed?
Oh,if I had to guess!I would guess a.bout two hour 5.
How long were you there before your brother arrived~
He arrived within that two hour period.
And how long were you thereuntil you left?
I would say possibly around 10:30 at night.
How long after the signing of the will did you
leave?
I don't remember tha.t.
Did you stay therefor a long period of time after
A
the will was signed?
Yes,we didn't leave right away.
up.
We were cleaning
166.
Q Do you recall approximately what time it was that
the will was $i~ned?
A No,I don't.
Q Now,you remember that Mr.Mill'er ask.ed for hi$
Yes.
I did.
you tell me in a matter of time?
the will you left the house?
After you signe i1THECOURT:
He complained':that the line was too
the will,how-soon did you leave?
glasses and for a magnifying glass and where the
table was and so forth?
And you don't recall how long after the signing of
I said approximately 10:30.
Did you see him sign his name?
How long,a matter of an hour or five hours?Can
Did he have any assistance in signing his name?
Would you repeat that question?
He did not.
I can't pinpoint the time that I signed the will
but we left about 10:30 that night.
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Q He complained that.the line was too short.
So he was able to see the line,is that correct?
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Yes,he wa,s.
Was he using the magn~fying glass at that t~me?
He would p~ck it up and hold it over the paper a,nd
then he would put ~t down,you know,and then he
would get close to the'paper.
When he signed his name,did he use the magnifying
glass?
No.
Did he have his glasses on?
Yes.
And you signed it there in the house,is th~t
correct?
I signed it as a witness,right,after he did.
I was the first.
Did you read the will?
Yes,but I don't.remember what it said now,word
for word.
What type of a ca,r did you have out there at tha,t
tim.e?
At that tim~,I had a little 1963 Chevy II.
And you and your sister drove back to Pittsburgh
in the same car?
Pardon?
You and your sistei~in-law drove back to pittsburgh
in the same car?
,,....
A I think she was in my car.I had mostly food that
168.
h~had open in his refrigerator and clothing and
you know f stuff like that ·in my·car and my brother
had Mr.Miller in his car because mine was a small
car.
(Witness excused.)
But you went together,you left the house the same
'J'here was no ambu·lance there ·atthat time (was ther ?
Did you follow your brother back to Pittsburgh?
I don't remerriber who followed who.
That's all the
You may step
MR.SENTNER:
questions I have.
THE COURT;
down·.
~ot when I was there.
time?
About 10:30 that night?
I believe so.
Yes.
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THE COUR'l':I suppose Mrs.
Martin's testimpny would take
169.
quite ~bit of time.
MR,.MC ILVAI'NE:Her testimony
would be the same.
cumulative,Your Honor.At
this point,she's frankly said
all the pertinent things she has
with her father has been testifiel
It would be
Are you not goitlg
I don't think there's
I think her relationship
THE COURT:
to call her?
anything more I can reveal by hav'ng
issue.
to say.
her testify than what's already
been put on that's material to th's
to today,the facts of signing th=
will has all been testified to.
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more to it excepting a lot of
collateral issues.
THE COURT:All right.Are
you closi~g your case then?
170.
MR.MC ILVAlNE:I 1m ~losing
my case pending him closing his.
MR.SENTNER:I would recall
Mrs.'Mar,tin as o~cross~ex~inati(n
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at thiS'time.'
wants to call Mr~Green for
pJ.,ai,nti~~here ';indicated that he
Your Honor,the
AJ.,l right.
, I
THE COURT:
..What we'are.going to do is 1 1m
going to continue this until
Tue~dayat ~o:oo a.m.
MR.MC ILVAI.NE:
"'A'rS'IDE BA~.-,,
(Court adjourned at 4:00 p.m.;hearing is resumed on
Tuesday,July 24,1973 at 10:20 a.m.,D.s.T.l
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rebuttal testimony and I would
like to have an offer ~or th~
record as to what type of rebutta~
testimony Mr.Green will be
offering.
1171
'l'HE,COURT:;First teil:l me
who Mr'.Green is.
MR,.Me ILVAINE:'l'he gentleman
who is a neighbor of the deceased
and he testified on direct
examination for the objectors to
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the''will.'
MR.SENTNER,:Hi~testimony
Mr.and Mrs.Martin and Mrs.
Si.mpson,waS not true.
the fact that what was said by
will in the nature of attacking
Ok,ay.
ti~e and place of signing of this
will rebut the testimony as to thE
MR~,Me ILVAINE;
the 'testimony presented as to
where and when the will was signee,
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"END OF SIDE BA:R.
Rebuttal Mr.Green
MR.SENTNER:I'll call Mr.
172.
Green for rebuttal testimony
Your Honor.
,."•\'\•-., .I \'••<•..'\ \\'•I ,••~{,\••, •,•,'.:
JOHN GREEN RECA;L'LED,'PREVIOUSLY SWORN.
I ,~I .
you are still under oath.
you were previously sworn in so
«z EXAMINATION 'BY MR.'SENTNE'R:
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Mr.Green,you were here 'Friday when Menther Lee
Martin,Mr.Martin and Mrs.Simpson testified as to
being out at Mr.Miller!s place in Eighty-four on
February'8th and you recall they testified that was
And would you relate to the Judge who,if anyone,
was out at Mr.Miller's place on that day?
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when they took him to Pittsburgh.
that particular day?
I do.
Po you recall
A Yeah,I do.When Menther Lee come here,it was
her and another lady.She ,introduced the lady
Q
to me as a girlfriend.
Now,you saw the lady 'that took the stand Friday,'
Mrs.Simpson.Did you ,see her in Court testifyir.g?
A No,that wasn't the lady that wa::;wi,th 'her but I
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173.
didn!t know thi'p lady here Friday,but that wasn't
th~lady with 'her whenphe picked u~M~.Miller.
You say Menther Lee 'introduced you to the lady?
She just said tha.t was a girl "friend"she'didn't
introduce me.
Do you recall what time of the day they came out to
Ei.ghty-four?
Well,it was be'tween'land 2 o'clock,somewhere
like that.
And what type of car were.·they.driving?
She:was drivi,ng a grey Ford.,
And did they go into the -house?
Yeah,that's right,they was in the house.See!
I went up to Mr.Miller's because tha;t's what I
told him I would do anytime I seen any strange car,
anybody come u~there!I promised him I would come
up to his house and I wen't up there and,so r·1enther
Lee and thi p lady was in there and pO Menther Lee
was takin'all the canned goods out and puttin'th.e:n
in boxes and she introduced me'to thip 'lady and
she said that was a girl ·friend.
Do you recall how long they stayed?
Between ,well,they .stayed there -the'y left _there
between 1 and somethi~g,between 1 and,about 2~30
maybe.
time.
That's what T imagine,I didn't keep the
174.
Q And did you see them leave with Mr.Mill'er?
A Yes r Mr.Mill'er give me his keys and he 'told me he
didn't owe nothin'up to the store but he says what
and well so Dave was in the back of the store and
she said Mr.Green,I think Dave knows who the
Green,some lady come in yesterday evening and got
day and I told Dave in the store I wanted Mr.
She said Mr .
I said some lady and :;he
So then I goes up there the ne~t
I said you mean you do business liketh3.t
lady was and so Dave,he hollers and he said Johnny
it's 'the girl Mr.,Miller raised that stays in
told him I would.
$14.80 worth of groceries.
said no.
said yeah and I said do you know the lady and she
$17.30 so I said what's this mean?
Pittsburgh,so yes.t'erday evening r when they come by
here,taking him to Pittsburgh,she got this $14.80
account open so when Menther Lee 'come out to get my
checks,she can get it cashed up th.ere and so I
Miller's account and so the,girl got the 'account -
you got up there and so I told him,I said Mr.Millpr,
I haven!t got but $2.50 so he said you keep thee
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right with me but you just put her name down on
what she got and keep my name on what I gets and he
said okay.
Q Now,you said "yesterday evening".Approximately
A
175
what time of the "day do you mean whe,n you talk
about evening?
Well,I call it 'around be'tween,well,it wa~~ometilne
after 12,I know,around 2,between t~en and 2 o!cl)ckr
2;30.
Do you mean in the 'afternoon?
thi~nkthe'y got to the:ho'Use?
This was 'in the evening
Somewheresaround 12 'o'clock,maybe a little after
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No,sir,in the evening.'
Yeah,after lunch,in the''evening •
THE COURT:
12.
THE COUR,T;
Yes.
THECOUR,T:
qiq they leave?
Between then and '2:30 •.
In th,e morning?
What time do yo ~
ArOlmq noon tim~?
176.
THE COURT:Whqt ti)ll,e did
they..get to the .store?
to her house 'sh~·said.
Up at W:i:ldwood,about a mile and half;from Where
M,r ~Mill'er and !Live,s.'
And did you in fa,ct :seeMr.Martin on that day?
Whe'ie 'is that
:First time .!ever seen pim.
store,Mr.Green?
.THE .cOURT:
!don't know what time but they went on out to the
store when they left with him because "Mr.Miller
!didn't.seehimr no.
was in the'car with ·the·m.
Did either ,Menther Lee or Mr.Miller .te:ll you where
the'ywere going on .th.at day?
Miss Menther Lee was 'carryin'him over to Pittsburgll
Do you know what time .that ,store closes'?
6 o'clock.
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was Friday.
Q And did you see Mrs.Simpson on that.day,the lady
who testified here 'on 'Friday?
A No,!never seen her before neither.
Q
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Did you see her after th~t date1
No,I didn't particularly seehe'r after that day.
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What I meant,not for sure just to know it WqS h~~.
NoW,after Mr.Miller cUed,the're,was two cars
come up here and they stayed up there,'they,got the e
about 5 o'clock that eveni~g and they stayed unti,l
about 10 o'clock that night and I didn't,go up ther..
I didn't know ",hat :they was doin'so I said I won't
have nothin'to do with 'it and I didn't go up .
Do you know whether they were coming in and out o~
the house or not?
They was loadin'stuff in the car.
Do you know how long after Mr.Miller's dea,ththis
was?
They buried Mr.Miller on Saturday,this here was
if I make no mistake,~this he're was Tuesday,either
Monday evening or TuesdaY evening after Mr.Miller
was buried.
NoW,there was testimony Mr~Miller had a new
refrigerator installed in hfs house some weeks
before his death,is that correct?
Yeah.
Do you know what happened to that refrigerator?
He got it over here at Brodys and they come back
and picked it up.
H.ow do you know?
Because I unlocked the door and let the~'in.
Did they lave a Brody'struck with.them?
Rebuttal (Cross)-Green 178.
A
The'day that you testified about ,when Menth~ir L,e~
took Mr.Miller to PittsbUr.gh,",0,0 xo-q know'wl'1-e,;(e he
sat in the'car?
ladies?
And who was 'in the'',front seat?
Was there anyone else',inthe:'car besides,the,two
No.Mr.Miller and the'two ladies,1;h.at 's a,ll that
Tha.t I S 'all the
J;thi,nk he got in the bacK
MR ~SEN'rNER:
Did you see'them leaving?
becaus,e he handed rn.ethe''ke'y'swhe'n he was gettin I,
in the car and told It\eabo'ut Wha,t tio do wi,th.his pill~
Mr.Mi,ller r well,I think he got 'in the pack,,the
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Yeah ,whe'nth.e'y ,left.,..
didn!t,get in,not ,righ.t ,th.en but I think her a,nd
M,iss Merithe~Lee got .in f;ront.
was,up there,',and me.,
way I understood.
Well,the'lady tha;t :drovethe''car,Mi,ss Menther Lee
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CROSS-EXAMINATION BY MR.'MC':ILVAJ;NE':,
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Q Mr..Green,,what date,are you'speaking of?
A Well now',',the':,da;te '0£,the m,onth."J;di,d;n.I t keep up
179.
with that.
You are sure it's 19J2?
And you went .ins,ide?
No,I don't remember the date or the month.
What year was 'it?
I don't know which 'one of
Just ex:actly wha,t year Mr.th,e years it was.
On this occasion,you ~ay you just went up to the
Yeah,I went inside 'and set down.
And you saw Menther Lee and her girl ;t;rj.,end?
That's what she announced to me,'the'l,ad,y as her
Either '72 or ,'71.
Eithe'r 1972-Mr'.Miller died,had to,be in 1972
I thi,"nk.
Miller died,I could,n ~t ,'s.ay r~ght now.
so"the truth is,you ,don't,r'emember the,date Or the
didn't,know ,the'car and 1;went up to the''hOuse
because I always told Mr.Miller I .would do that.
weTl,,that had to be 1972;
1972?
rnonththat this took,place?
house'hecauseyou saw a grey "Ford there.?'
,That's the 'reason Iweh't up to the house.I
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girlfriend.1 just knowed ;Menthe'r Lee'.
Q
didn't know-the 'lady.
'Did you know r-1enth,e'r,Le,e?,
A I know.ed her whe'n I seen he'r:then because 'r:had bee h.
180.
giving her Mr!MIller's checks all the time every
month for three''months.
Q
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HoW ,long did you stay?
Well,I stayed up the:re a,round about an hOur and
No,I didn't.
No,I didn't see 'no will.
in and out of the 'house eve:ry day and so he told me
hesa,id,Johnny,leaVe :the bill open so I can get
He wasn't crazy.
I told you he give me his
T know because'he told me.
I thought they went on to Pittsburgh.
Did you witness any will or anything?
Yeah,he did.
Did you see any will?
But on this occasi:on,,he had a good m,emory?
So you don I t know whe:thei he signed a will that day
Y~ah,he knew what ,he was doin'.
He had a pretty good memory at :thattime''and at timE s
he didn't .
In other words,he knew what he 'was doing?
a half,something like ,that I im,~gine.
And you saw them get in the car and go on down the
roa,d somepla,ce?
Sure he talked to me'.
keys and told me 'to ta,k,e care of his dog a,nd I went
That's what I thOught until T went to the store~
Did Mr.Miller talk to youtha,t day?
;feed for the 'dog I guess'.
Yeah.
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or not?
No,I don't know wh"e·the·r he ·signed no wi·11 that day
or not.
181.
Reverend Martin that day?
No,I didn't see··hi,m there .at all,wasn't no man
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MR.MC ·ILVAINE:
THE COURT :.
there with them at all •
THE COURT;
Tha;t's ·all.
You didn't see
All right,you
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MR.·SENTNER:
HOnor.
THE COURT:
rebuttal?
MR~SENTNER;
MR.Me ·ILVAINE:
No fur;th.e;r;-
NO,Your Honor.
For ther·ecord,
182.
I;would like to know whether or net
Mr.Sentner,has close'd his case
in this matter.
M~.SENTNER:
fur,therte,st'imony Mr.Mcllva,ine?
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have 'closed their case in this
ma:tter,now ,we"':are in th,e
procedural position a,sto whether
;r:'sa'idin,Chambers,I think at th s
point now'tha;t th,e claimants here
No,subject asMR.Me:lLVAINE :
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or not ,the',burden is 'shifted over
Y~ur Honor,from the ,testimony
tha,t 's,been presente:d here,there's
to my client to prove or disp~oye
th,ealleg,ations tha,t have been malie
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a,ga,i,nst'her.All ~ca,n say is,
been no indication of a
confidential relationship.
TH,E COURT:. .well,we
understand'your position Mr.
183.
McIlvaine.You are saying the
burden h~s not $hifted and Mr.
Sentner is $aying it has.I'll
take ~thi$matter under advisement
I would,like a short brief of
* * * * **' *'
burden has shifted to the
If the Court decides th~t the
In the mean time,
proponent of the will,we will at
transcribed.
that 'point 'give Mr.McIlvaine
an opportunity to present further
the:law from each Qf :you ,within
ten daY$after the record is
evidence.
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184 .
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Off~c~aL Stenographer
I hereby
The fo;r-egoing
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--=,.,...-......-..,..,...-="''"'='"-..--:r----=--.,..,.........,...-..,...-~.,-.--f-Richard DiSall€(Judge
record of the proceedings upon the hear~ng of the above cause
is hereby approved and directed to be filed.
same.
certify that the ~roceedings 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
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