By Tom Gilchrist
For The Advertiser
VASSAR — The sister to late Vassar Theatre owner Timothy S. O’Brien was declared heir to the movie house on Thursday, and wants to see it remain a theater, according to her attorney.
“I think she would like that,” said John Sharp, a Bloomfield Hills lawyer, when asked the wishes of Patricia A. Uebbing of Melvindale, named heir to O’Brien’s estate by Tuscola County Probate Judge Nancy L. Thane.
Uebbing wasn’t in court Thursday but the 77-year-old Vassar Theatre, an art deco movie house restored and upgraded by O’Brien, “was, in a sense, her brother’s life work, and to maintain it as a theater — and in his memory — she would want that,” Sharp said.
When asked if Uebbing is aware of Vassar city leaders’ interest in keeping the theater operating, Sharp said “She’s aware of that — absolutely.”
O’Brien, 52, of Vassar Township, died due to a heart attack March 19, and the theater at 140 E. Huron Ave. has been closed since then.
City leaders petitioned the court to determine an heir to O’Brien, who wasn’t married at the time of his death and had no children or any other siblings. No will had been filed to direct distribution of his property.
Thane ruled that Uebbing is the heir and also named Uebbing as personal representative to O’Brien’s estate.
“The ultimate goal is to have (the theater) opened back up and to have it be a running theater in downtown Vassar,” said Vassar City Manager Brad Barrett.
Jean Esckelson, O’Brien’s girlfriend, attended Thursday’s court hearing. Esckelson said she worked at the theater since it reopened in 2005, and also worked for several years before that helping O’Brien get the theater ready for business. She said she wants the theater to reopen as well but doesn’t wish to buy it.
Barrett said he, Esckelson and attorney Duane E. Burgess — representing the city — met with Sharp after Thursday’s court hearing. Barrett said he gave Sharp the names of individuals who have contacted Barrett about buying the theater.
Barrett didn’t name the prospective buyers but said they “have the best interest regarding the theater in Vassar,” which Barrett called a “cornerstone” of the city’s downtown area.
Thane will oversee any sale of the theater, according to Barrett.
“Whatever decision is made by the sister will have to be reviewed by the court, and hopefully there will be an opportunity to share community input before that decision is granted,” Barrett said.
At the time of his death, O’Brien owed about $13,800 to Vassar’s Downtown Development Authority, Barrett said.
In a separate matter, FirstMerit Bank N.A. maintains in court documents that Vassar Theatre LLC granted a mortgage to the bank after borrowing $60,000 from the bank in 2005. Court papers don’t state how much the theater company still owes, but state bank officials have been informed that “unknown individuals” have entered the theater and removed items.
During the past few weeks, however, city staff members and bank staff entered the theater to find that “Everything is still there and in good condition,” Barrett said.
The basement of the theater was dry as well, he said.
The 371-seat theater, built in 1937, endured several floods in the 1990s that sent water as high as four feet inside the building.
In 2013, a Kickstarter campaign was organized on the Internet that saw supporters donate $72,737 to convert the theater to a facility with digital projection equipment. According to an announcement on the Kickstarter website, the Vassar “has survived numerous floods, extended closures, vandalism, economic hardships and the ravages of time.”