HomeMy WebLinkAbout07-31-78
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IN RE: ESTATE OF
SARA STONE MILLER,
N ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
NO. J.j" 7 ORPHANS' 1978
PRELIMINARY DECREE
AND NOW, this 3/ day of rr ' 1978, at
1J'c.c:4 o'clock, n. M., upon consideration of the annexed Petition
nd upon the motion of William F. Martson, P.C., attorneys for
etitioner, it is ordered and decreed that a Citation be issued
directed to Sara Stone Miller to show cause why she should not
be adjudged an incompetent and a guardian of the estate appointed;
and that a hearing on said Petition and Citation shall be held
in the Cumberland County Courthouse, Carlisle, Pennsylvania,
day of O!-L~ j
-
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, the ! f
, 1978, at
/lJd
o'clock, ;b, M., in Court Room No.!
At least ten (10) days notice of said hearing shall be given
to Sara Stone Miller, the alleged incompetent, by personal service
of the Citation issued as aforesaid and a copy of the foregoing
Petition and at least ten (10) days notice of said hearing shall
be given to the next of kin of said alleged incompetent by
personal service or by certified United States mail.
BY THE COURT,
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LAW OFFICES
WILLIAM F. MARTSON. P.C.
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IN RE: ESTATE OF
SARA STONE MILLER,
AN ALLEGED INCOMPETENT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ORPHANS' 1978
PETITION FOR ADJUDICATION
OF INCOMPETENCY AND
APPOINTMENT OF GUARDIAN
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Jake W. Stone respectfully represents as
follows:
1.
That you Petitioner, Jake W. Stone, of Box 483, Amherst,
Virginia, is the brother of Sara Stone Miller, hereinafter called
"alleged incompetent", said Petitioner being interested in the
security and welfare of said alleged incompetent.
2.
That Sara Stone Miller, the alleged incompetent, was born
on January 3, 1895, and is presently eighty-three (83) years of
age, not married and is the widow of Walter Miller.
3.
That the alleged incompetent is and has been domiciled at
788 West South Street, Carlisle, Cumberland County, Pennsylvania,
for the last eighteen years.
4.
That the names, addresses and relationships of the next of
kin of the alleged incompetent who would be entitled to share in
her estate should she now die intestate are as follows:
(a)
(b)
(c)
(d)
(e)
(f)
Brother:
Brother:
Sister:
Brother:
Sister:
Jake W. Stone, Box 483, Amherst, Virginia 24521
B. F. Stone, Elizabethtown, North Carolina 2833
Ruth Stone, 61 Maxwell Road, Chapel Hill, NC 27 14
Steven J. Stone, Route 1, Orrum, NC 28369
Bernice S. Porter, 3808 Craven Circle, Norfolk,
VA 23513
Randolph C. Stone, 532 Avenue M.S.E., Winter Ha en,
FL 33880
Brother:
LAW OFFICES
WILLIAM F. MARTSON, P.C.
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5.
That the gross value of the alleged incompetent's estate is
estimated by your petitioner, after reasonable investigation, to
be approximately in excess of $250,000.00. Her net income is not
known by the Petitioner.
6.
That the alleged incompetent was not and is not now a member
of the armed services of the United States and is not receiving
benefits from the United States Veterans Administration or its
successor.
7.
That the alleged incompetent because of mental illness is
unable to manage her property and is liable to dissipate it or
become the victim of designing persons.
8.
That the proposed Guardian of the Estate of the alleged
incompetent is the Farmers Trust Company of Carlisle, Pennsylvania
a banking and trust corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with an office located
at One West High Street, Carlisle, Cumberland County, Pennsylvania
the consent of the proposed Guardian being attached hereto,
marked Exhibit "A" and made a part hereof.
9.
That the proposed Guardian has no interest adverse to the
alleged incompetent.
10.
That no other court has ever assumed jurisdiction in any
proceedings to determine the competency or incompetency of the
alleged incompetent.
LAW OFFICES
WILLIAM F. MARTSON, P.C.
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11.
That no other guardian has been appointed for the estate of
the alleged incompetent.
WHEREFORE, your Petitioner requests your Honorable Court
pursuant to Section 5511 of the Probate, Estate and Fiduciaries
Code of 1972, (20 Pa. S55ll) to direct the issuance of a eitation
directed to the alleged incompetent, with notice thereof to be
given to her next of kin and to such other persons as the Court
may direct, to show cause why she should not be adjudged an
incompetent and a guardian of her estate appointed.
Qak. 1A~" ~k /
J~e W. Stone
COMMONWEALTH OF VIRGINIA )
iJ . 58.
COUNTY OF rn he Rs-r- j
Before me, a notary public, in and for the Commonwealth and
County aforesaid, personally appeared ~ke W. Stone, the above-
named Petitioner, who being duly sworn according to law, deposes
and says that the facts set forth in the foregoing Petition are
true and correct to the best of her knowledge, information and
belief.
9~ UJ: A~_
Jake W. Stone
Sworn to and subscribed before me
this :.SILj t!i day of , 1978.
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LAW OFFICES
WILLIAM F. MARTSON. P,C'l
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IN RE: ESTATE OF
SARA STONE MILLER,
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: ORPHANS' COURT DIVISION
: NO. ORPHANS' 1978
EXHIB IT "A"
CONSENT OF PROPOSED GUARDIAN
DENNIS C. CAVERLY, does hereby certify that he is the
Senior Vice President and Trust Officer of Farmers Trust Company,
the proposed Guardian in the foregoing Petition of Sara Stone
Miller; that he is authorized on behalf of said Farmers Trust
Company to consent to act as Guardian of the Estate of Sara Stone
Miller; that the said Farmers Trust Company has no interest
adverse to the said Sara Stone Miller; and that the said Farmers
Trust Company hereby consents to serve as Guardian of the Estate
of Sara Stone Miller when so appointed by the above-captioned
Court.
By/
Den is
Senior Vice President
Trust Officer