HomeMy WebLinkAbout03-07-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
c: U M 8 t;;;r<,l.JfJ tJ P
COUNTY, PENNSYLVANIA
Estate of
R08e~1
1'. Af'H€NFEI.. t>e R
"II.
File Number
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€R.,,J
~tElL.(.Y
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, Deceased
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Social Security Number
I ( 3 - '3 ~ ~. 0 -1.. -, ,
also known as
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated f1 If 1\<: 1-1 2. ~ , tj "9 and codicil(s) dated N A
E)<~<:"'I.11""JJ<
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows. Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate. was not the victim of a killing and was never adjudicated an incapacitated person: N A
o B. Grant of Letters of Administration
( ) ~~
(If applicable, enter ~'[a.. d.b.n.c.t.a; pendente lite; durante absentia; dU~Cii1~inorllater::,
,) J-___, :;,-:J
Petitioner(sl after a proper search has / have ascertained that Decedent left no Will and was survived by the following spou'sel(f any)' ~nd heirs:
Administration, C.I.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete lisl of heirs.) 'c'~ -J
',,: ;-~-)
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Name RelationshiD , -- 1
Residence.: .', _d__'
.,,', c::J
c)
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in ~ U M I}";- R t.11 IV,P County, Pennsylvania with his / her last principal residence at LJ I b
Vp.L.L,Ci.Y f"1"f<t:f'"r. niE<IIf't~I.c.S 1'3&.41(,,",. p~ 170S'r
(Ust street address. town/city, township, county, state, zip code)
Decedent, then r-fI years ofage, died on pfF f\
Il.E.r'I>~~Ic.~. q Pf~(( rA,>T6;'lJ
11) 2- 0 ~'7 at <t:.A p,Cl...Y N C ~ '" r();J
<l"'w r / t> A 'i. Pi'll'" c.,. J\'" 7'/." J1 If
)'L/4 # Ii:
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$ 4. r, Oll b ~
$
$
$ 1 t> (:) I 00 Co -
situated as follows:
4 I "
V ALL e)r r 'frc c I.f rl 11..:,-,-'1 -91<1, Cf Qi.J. It.. G- J f> H
j '(" S- f"
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
rinted name and residence
eR11V <<~/t.(.'7 CL,:JI<4(
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/71>19
Form iiW-02 rev, /0,/3.06
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF C t.c t1. 6 e P-L Ii N P
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
~ ~ C1~
Si<",,"'" oj p",~
before me the
1
day of
mOv'(G~ ,~DDI
(~QJet~
For e Register
SIgnature of Personal Representative
Signature of Personal RepresentatIve
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File Number:
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J. As J+ E=N t=c: L P IE ~, :I:C
::':.'\
j
, Deceased
o
Estate of R 0 6 e ~ -T
0~
Social Security Number:
163- :;19 - 6 " -, ,
Date of Death:
pe8
13 1..06'
.
,
AND NOW, ~(}X l/Y\ 1 , 100~, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters r~ S' .,. p. n € NT A Po)'
are hereby granted to IE t{ I N ~ ell- ~ y C L PI ~ ,<
,
in the above estate
Letters ............... $
Short Certificate(s) . . .8. . . . $
Ren~tiOn(S) p. :
\ .. . $
r\\J . .. $
. .. $
. .. $
...$
...$
...$
...$
TOT AL . . . . . . . . . . . . . . $
Is-,cb
lD.Om
S.
Attorney Name:
rn 1 r 1+
Address:
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/D7 tV.
Cnnr
"L l.i ~ .r7 -
Supreme Court l.D. No.:
1111-'- ~11 r"20JI-16/t'l...
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Telephone:
'71' .....
717- "789
(~,OD dSM
Form RW-02 rev /0./3.06
Page 2 of2
H105.805 REV 1/05
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
No.
WARNING: It is illegal to duplicate thi.scopy by photostat or photograph.
Fee for this certificate, $6.00
L
FES 1 52007
p
13240778
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Ht~lC3 REV 111200I
TYPE/PRINT IN
PERMNENT
lUCK N( .
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instruction. Ind Ixemple. on reverse)
58
July 13, 1948
STATE FILE NUMBER
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1.......dOlc8dlnt(fftt.lricde.....1I6)
Robert J.
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Ashenfelder. II
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February 13, 2007
Hospic
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Dauphin Upper Paxton Twp.
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IChI 01 WlIt ICIl'Id or a.r-/1nlMty
Inspector Con-Rail
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416 Valley Street
Mechanicsburg, PA 17055
,.. FdW> _ pw, ___
Robert J. Ashenfelder
....____(Ilpo/PlH)
Mrs. Erin R. Clark
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Mechanicsburg
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Annie Mae Geter
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125 Aspen Drive, Dillsburg, PA 17019
21o_"_ptomo..__..__ 21d........p,/__..-.'
. AmlviUe; PA
Cocklin Funeral Bo.e Inc.
30 N. Chestnut Street, ~illsbur ,PA 17019
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-_No.
II
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LAST WILL AND TEST AMENT
OF
ROBERT J. ASHENFELDER, II
I, ROBERT J. ASHENFELDER, II, of Mechanics burg, Cumberland County,
Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty of this life,
I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my
sins and in His shed blood as an atonement for my soul; and I know by faith that because of His
sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby r-evoking altlllY
former Wills and Codicils: -"J
~_ _.f
~ 1.2 I bequeath such assets not disposed of by such memorandum, or all of such
property if no such memorandum is so located or received to my children living at my death to be
divided among them in as nearly equal shares as they agree. In the event of irreconcilable
disagreement among my children, they shall take turns selecting individual items with my eldest child
making the first selection. If any of my children do not survive me, that child's share shall be
distributed, per stirpes, among those of his or her issue who survive me. Any items not so selected
shall be sold and the proceeds shall pass as a part of my residuary estate.
~ 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies
of insurance on such property to the beneficiary entitled to such property.
1
/
~ 1.4 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
Article Two: Residue:
~2.1 I devise and bequeath all the residue of my estate of whatever nature and
wherever situated to be divided and distributed as follows:
~2.1.1 Five percent (5%) of all of my assets, other than real estate, shall be given
as a charitable bequest to General Council of Assemblies of God, Springfield, MO, designated for
World Ministries to be allocated as follows: Seventy percent (70%) for Division of Foreign Mission;
five percent (5%) for Division of Home Missions; and twenty percent (20%) for Home Missions of
Pennsylvania-Delaware District Council of Assemblies of God.
~2.1.2 All ofthe remainder of the residue of my estate shall be divided between my
children, per stirpes, subject to the provisions of ~2.2 hereinafter. My children now living are my
son, Matthew David Ashenfelder, and my daughters, Erin Riley Ashenfelder and Elizabeth Anne
Ashenfelder, all of Mechanics burg, PA.
~2.2 If any person who is a beneficiary of this Will shall not have attained the age
of eighteen (18) years, then I give to the Trustee hereinafter named any such share passing hereunder
to be held, administered and disposed of in accordance with Article Three hereof (the Beneficiary's
Trust) for the benefit of such beneficiary.
Article Three: The Beneficiary's Trust:
~3.1 The Trustee shall hold, manage, invest and reinvest the assets of the Beneficiary's
Trust, collect the income thereof and:
~3. 1.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary")
is under eighteen (18) years of age, the Trustee shall apply to or for the benefit of the
Beneficiary so much of the net income and, if the net income is insufficient, so much
of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem
necessary or proper for the Beneficiary's health, maintenance, support and complete
education, including preparatory, college and graduate education, and professional,
vocational or technical training, taking into account other available funds, including
the Beneficiary's assets. The Trustee shall annually accumulate any net income not so
distributed and add the same to the principal of the trust property.
2
~3.1. 2 After the Beneficiary attains eighteen (18) years of age, the Trustee
shall distribute to or for the benefit of the Beneficiary the net income of the
Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee
deems it advisable, and so much of the principal as the Trustee shall from time to time
deem necessary or proper for the Beneficiary's health, maintenance, support and
complete education, including college and graduate education, and professional,
vocational or technical training, and to assist the Beneficiary with reasonable wedding
expenses, in the purchase of a principal residence or in the establishment of a
profession or business considered a good risk by the Trustee, taking into account other
available funds, including the Beneficiary's assets.
~3.1.3 At any time after beneficiary attains eighteen (18) years of age, the
Beneficiary may withdraw any or all of the principal of the Beneficiary's Trust.
~3.1.4 If the Beneficiary dies before the complete termination of the
Beneficiary's Trust, the Trustee shall distribute the property then held in trust to such
persons or corporations, (including the Beneficiary's estate), in such amounts and upon
such trusts, terms and condition, as the Beneficiary by last Will may appoint by specific
reference to this general power of appointment; provided, however, any portion of the
trust property not subject to the Beneficiary's power of withdrawal immediately prior
to the Beneficiary's death may only be appointed to one or more of the Beneficiary's
issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary
by last Will may appoint by specific reference to this special power of appointment.
Any property not so appointed shall be distributed to the Beneficiary's then living
issue, per stirpes, or if none, to my then living issue, per stirpes.
Article Four: Appointment of Fiduciaries:
~4.l I appoint my daughter, Erin Riley Ashenfelder, of Mechanicsburg, PA, as
Executrix of my estate. If Erin Riley Ashenfelder is unable or unwilling to act as Executrix or to
complete the administration of my estate, I appoint my son, Matthew David Ashenfelder, of
Mechanicsburg, P A, as my first, alternate successor Executor. All references herein to the Executor
shall mean my originally appointed Executrix or my successor Executor, as the case may be.
~4.2 I appoint my Executor as Trustee of any trust which may be established under
this Will and Guardian of the property of any minor beneficiary.
Article Five: Powers of Fiduciaries:
~5.l No fiduciary under this Will shall be required to give bond or other security for
the faithful performance of the fiduciary's duties.
~5.2 Any such fiduciary shall have the following powers, in addition to those given
3
bylaw:
~5.2.1 To invest in, accept and retain any real or personal property, including
stock of a corporate fiduciary or its holding company, without restriction to legal
investments;
~5.2.2 To sell, exchange, partition or lease for any period oftime any real or
personal property and to give options therefor for cash or credit, with or without
security;
~5.2.3 To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
~5.2.4 To hold shares of stock or other securities in nominee registration
form, including that of a clearing corporation or depository, or in book entry form or
unregistered or in such other form as will pass by delivery;
~5.2.5 To engage in litigation and compromise, arbitrate or abandon claims;
~5.2.6 To make distributions in cash, or in kind at current values, or partly
in each, allocating specific assets to particular distributes on a non-pro rata basis, and
for such purposes to make reasonable determinations of current values;
~5.2. 7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of income
or principal of any person affected thereby;
~5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion
of my exemption under Section 2631 (a) of the Internal Revenue Code to any property
as to which I am the transferor, including any property transferred by me during my
lifetime as to which I did not make an allocation prior to my death;
~5.2.9 To create, except when the fiduciary is a beneficiary of the subject
trust, with respect to all or any part of the principal of any trust hereunder, including
a pecuniary amount, by a written instrument a general testamentary power of
appointment within the meaning of Section 2041 of the Internal Revenue Code in any
beneficiary thereof and to eliminate such power for all or any part of such principal
as to which such power was previously created and to divide trust principal into two
fractional shares based upon the then portion of the trust that would be includable in
the gross estate of the beneficiary holding such power if he died immediately before
such division (in which case the power shall be over the entire principal of one share
and not the other), with each share being administered as a separate trust, unless such
fiduciary shall thereafter elect to combine such separate trusts into a single trust; to
4
exercise the foregoing discretion to create or eliminate a general testamentary power
of appointment when such fiduciary determines that the inclusion of the property
affected thereby in the beneficiary's gross estate may achieve a significant savings in
transfer taxes by having a federal estate tax in lieu of a Chapter 13 tax imposed by the
Internal Revenue Code on the property subject to such power of appointment or may
achieve significant income tax benefits;
~5.2.10 To disclaim any interest I may have in any estate if the Executor
deems such disclaimer to be in the best interests of my estate and the beneficiaries
thereof;
~5.2.11 To terminate any trust created herein, the principal of which is or
becomes too small in the Trustee's discretion to make the establishment or
continuance of the trust advisable, and to make immediate distribution of the then
remaining trust property to the beneficiary then entitled to the income of the trust
property or, ifthere is more than one beneficiary, to the beneficiaries then entitled to
the income of the trust property in proportion to their respective interests therein
or, if such interests are not defined, in equal shares to such beneficiaries; provided,
however, no Trustee shall participate in any decision to terminate such trust if by
reason of such termination such trustee could receive a distribution of trust property
from such trust as aforesaid. The receipts and releases of the distributee(s) will
terminate absolutely the right of all persons who might otherwise have a future
interest in the trust, whether vested or contingent, without notice to them and without
the necessity of filing an account in any court; and
~5.2.12 To merge any trust created hereunder with any other trust or trusts
created by me or my spouse under will or deed, if the terms of any such trust are then
substantially similar and held for the primary benefit of the same person or persons.
Article Six: Provision for Taxes:
~6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with respect
to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by
the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will,
and all interest with respect to any such taxes shall be paid by the Executor out of the income or
principal or partly out of the income and partly out of the principal of such portion of my estate, in
the absolute discretion of the Executor, without reimbursement from or apportionment among the
beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided,
however, the Executor shall not pay any such taxes, penalties or interest attributable to any property
5
included in my estate solely because of a power of appointment thereover which I possess but have
not exercised or any qualified terminable interest property; provided further, however, the Executor
shall not pay any supplemental federal estate tax, or any penalties or interest related thereto, imposed
by Section 4980A(d) of the Internal Revenue Code, which supplemental federal estate tax, together
with any penalties or interest related thereto, shall be borne by the recipients of the qualified plan
benefit (including my estate if it is a recipient of any such benefit) giving rise to such supplemental
federal estate tax in proportion to their respective interests therein.
Article Seven: Provision for Debts and Expenses:
97. 1 I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal
of that portion of my estate disposed of by Article Two of this Will.
Article Eight: Miscellaneous Provisions:
98.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent
law.
98.2 Whenever a discretionary distribution of net income or principal is permitted
pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a
person who is then a trustee of such trust, such person shall not participate in any way in the decision
whether to make such distribution. No trustee who is under a legal obligation to support a
beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to
the trustees of that trust to distribute net income or principal in discharge of that legal obligation.
Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the
purpose of indirectly exercising a power prohibited hereunder.
98.3 Whenever the Trustee is directed to distribute property to or for the benefit of
any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers
from an illness or mental or physical disability that would make distribution directly to such
beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the
Trustee may distribute such property to the person who has custody of such beneficiary, may apply
such property for the benefit of such beneficiary, may distribute such property to a custodian for such
6
beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee),
under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may
distribute such property directly to such beneficiary's estate, or may distribute such property
directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply),
without liability on the part of the Trustee to see to the application of such property. This provision
shall not in any way operate to suspend such beneficiary's absolute ownership of such property or
to prevent the absolute vesting thereof in such beneficiary.
~8.4 Except as otherwise may be provided in this Will, during the continuance of any
of the trusts created under the provisions of this Will, and thereafter until the property is distributed
to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary,
respectively, and the income thereof shall not be subject to or liable for any contracts, debts,
engagements liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or
committed, but shall be absolutely free from the same, and such beneficiary shall have no power to
sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein,
respectively, or the income thereof, or to anticipate the income.
~8.5 Ifany beneficiary hereunder should die within thirty (30) days after me or within
thirty (30) days after any other person the survival of whom determines his rights hereunder, then
such beneficiary shall be deemed to have predeceased me or such other person for all purposes
hereunder.
IN WITNESS WHEREOF, I ROBERT J. ASHENFELDER, II, have
hereunto set my hand and seal to this, my last Will, typewritten on nine (9) sheets of paper, including
the self-proving attestation clause and signatures of witnesses, this :< 5" If, day of
]Ir{ /!I/l~ .~ ~ , 199~.
~~:iF (SEAL)
ROBERT J. ASHENFELDER, II
Signed, sealed, published and declared by the above named ROBERT J. ASHENFELDER,
II as and for his last Will, in the presence of us and each of us, who, at his request and in his presence
7
and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day
and year last above written.
~lXI ~ K~b
llL-t ~~&ng~
Residing at 3 ro 3 ~+Ur l ~ J\ (.
C.()JIV'\P Hte J ~ I r~
r;:: 5' V s ;rIJ %{1110 Residing at t r 9 -:r; L- , ' c. L cJ J te 7
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I 702 l
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
We, ROBERT J. ASHENFELDER, II, the testator, and
,
I~JNvU- ~~r-
, and
subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the
best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of
.
sound mind and under no constraint or undue influence.
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8
Subscribed, sworn to and acknowledged before me by ROBERT J. ASHENFELDER, n,
t~at01 ~~mbed ';:;n ~~ me ~~
w.. :. ...C. 'L ~ 0 ~!f .... L th~ w&nesses, tm: ;<:5 'f~ day of
ml1 fC'-h , 19~.
/1~ c~
Notary Public
My Commission expires:
NOrMAl. SEAl.
-- FOUr. ~ PuWIc
..... AIM Twp.. o''''......1d County
"" c..1III.ft .... Felt. 24. 2003
SEAL
9
S. BERNE SMITH
Attorney-at- Law
107 N. 24th Street
Camp Hill, PA 17011-3602
PHONE: (717) 737-6789
FAX: (717)737-6783
March 6, 2007
In re: Estate of Robert J. Ashenfelder, II; DOD 2-13-2007; SS# 163-38-0276; ElN;-..,
P A File No. ...-, '''''=l:
File: 255001
_-1
Ms. Glenda Farner Strasbaugh
Register of Wills
Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
-~~..,.,
,- .~
C..)
Dear Ms. Strasbaugh:
Please find enclosed the following items with respect to the probate of the will of Robert J.
Ashenfelder, II:
1. The original and one copy of the Petition for Probate.
2. The original of the will, and a copy of the will. You will note that this was a self-
proving will.
3. The Registry Statement.
4. Erin J. Clark is the Executrix named in the will, and will be present to take the
necessary oath.
We have not enclosed a check, because we will be presenting this petition for probate in
person and will be prepared to make payment of fees at that time. We want to order eight (8) short
certificates. Ifwe are not able to receive the short certificates when the will is probated, please send
them to the undersigned.
Thank you for your help in the case. It is a pleasure to work with your Staff.
Sincerely yours,
~13~~~
S. Berne Smith
Enclosures:
cc: Erin J. Clark, Executrix