HomeMy WebLinkAbout08-31-07
Estate of Chester Willard Frv. Jr.
Register of Wills of Dauphin County, Pennsylvania
PETITION FOR GRANT OF LETTERS
al-Ol- OglD
No.
also known as
, Deceased
Social Security No.: 207-09-1877
Petitioners, who are 18 years of age or older, apply for:
(COMPLETE "A" OR "B" BELOW:)
-1L- A. Probate and Grant of Letters and avers that Petitioners are the Executors named in the last Will of the Decedent dated
and codicil(s) dated Julv 9. 2007
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 bom or adopted after execution of the documents offered for
probate; was not the victim of a killing and was never adjudicated incapacitated:
o B.Grant of Letters of Administration
(c.I.a., d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
ro r search haslhave ascertained the Decedent left no Will and was survived b
Relationship
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
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County, Pennsylvania, with hislher last family or principal residence at
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Decedent was domiciled at death in Cumberland
43 Cirde Drive. East Pennsboro Townshio
(list street, number and municipality)
Decedent, then
87
years of age, died Auaust 8. 2007
at Harrisbura Hosoital
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property ..................................
(if not domiciled in PA) Personal property in Pennsylvania.............
(if not domiciled in PA) Personal property in County.......................
Value of real estate in Pennsylvania .........................................................................
TOTAL........................................................................................................................
Real Estate situated as follows:
Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to
the undersi lied:
$
$
$
$
$
178.600.00
343 000 00
165.000.00
Signature
Typed or printed name and residence
Linda Jo Dinsmore, 242 Stetler Road, New Cumberland, PA 17070
'I'
David Brian Rhoads, 94 Sachem Road, Needham Heights, MA 02494
00404761.1
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Dauphin
The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the
knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the
estate according to law.
Sworn to and affirmed before me
thiScQctuday of
au fY · ot . 2007
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DECREE OF REGISTER
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Estate of Chester Willard Fry. Jr. . Deceased
No.
~ ( ~ 07 - OCZ/O
AND NOW,
proof having been presented
Date of Death: Auaust 20. 2007
, 2007, in consideration of the Petition on the reverse side hereon, satisfactory
IT IS DECREED that Letters
V' Testamentary
of Administration
(c.la., d.b.n.c.la.; pendente lite; durante absentia; durante minoritate)
FEES
Letters (Short in lieu)............................... $
Short Certificate( s) <..!D.J....................... $
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4D. 1)0
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Extra Pages <-> ................................. $
.W.L.tt.................................................. $~
Attorney:
~A Ju,a4lXLU~
Register of Wills pRY cr .
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Renunciation........................................... $
/. T.R. .......... .......... .......... ......... ................ $
1.0. No.:
72190
JCP Fee.................................................. $
/0.00
Address:
DATE FILED:
3511 North Front Street
Harrisbura. PA 17110
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(717) 236-9$t5) ......
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Inventory.................................................. $
Other ..fhLfn..................................... $ S.[X)
TOTAL. ...................................... $~
Telephone:
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00404761.1
OATH OF NON-SUBSCRIBING WITNESS(ES)
~GISTER OF WILLS
11- () 7... . ~/O COUNTY, PENNSYLVANIA
Estate of
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, Deceased
and
(each) being duly qualified according to law, depose(s) and say(s) that
acquainted with C ~fS.lt c vVl\.-I...l''lA.P fizy Jtt.
,
with the handwriting and signature of the decedent, and that the signature of
sheS they was / were weIl-
and @ire familiar
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to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
(,1 -1, J /l . is in~er own proper handwriting.
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(Signature) -
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(Street Address)
Nt"'" lJ..Mf>e-tt\-It-r;/? ,f/!; /707;:)
(City, State, Zip) (
(Signature)
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this Q' ~ day
of Ougu ~ -I- , t\2D07 .
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FormRW-04 rev, /0./3.06
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Dauphin
The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the
knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the
estate according to law.
Sworn to and affirmed before me
this ~ day of
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DECREE OF REGISTER
Estate of Chester Willard Fry. Jr.
. Deceased No.
Social Security No.: 207-09-1877
Date of Death: Auaust 20. 2007
AND NOW,
proof having been presented before me,
, 2007, in consideration of the Petition on the reverse side hereon, satisfactory
IT IS DECREED that Letters
Testamentary
of Administration
(c.I.a.. d.b.n.c.t.a.; pendente lije; durante absentia; durante minorilate)
are hereby granted to
in the above estate and that the instrument(s), if any, dated
probate and filed of record as the last Will of Decedent.
and
described in the Petition be admitted to
FEES
Letters (Short in lieu)............................... $
Short Certificate(s) <-)....................... $
Register of Wills
Renunciation.... ......... .................... .......... $
......... ...................... .......................... ....... $
Attorney:
Extra Pages <-) ................................. $
I. T. R. ....................................................... $
1.0. No.:
72190
JCP Fee .................................................. $
Address:
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3511 Nortrr: t Stre~
Harrisbura'j 'b. ~11 0 ~
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(717) 236';~~ -
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Inventory.............. .............................. ...... $
Other...... ......... ...................... .................. $
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Telephone:
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DATE FILED:
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TOTAL. ...................................... $
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00404761.1
H105.805 REV fOliO?)
c3/-07-(jt'/O
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
Certification Number
This is to certify thai 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.
P 13822730
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Local Registrar
$ / J,3/o'1
Date Issued
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5.~1""_'1 LnIort"
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERnFICATE OF DEATH
(See Inatructlona and exampl.. on reve..e)
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Hl05-143 REV lIi2006
TYPE I PAWl IN
PERMANENT
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STATE FilE NUMBER
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E....... _RLYING CAUSE
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Dyes o{No
Dyes DNo
31. MlMer 01 Death
o Nalutal OHomicide
o Accu:lenl 0 Peoding klVElSliijatioo
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pregnancwiltmpail)'8lll
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Due 10 tor as.a consequence 01);
3Qa. Was an Autapiy
Performed?
3CIb.Wer.AlAopsyFindings
"'\/ailablePriorlO~hon
of Cause of Dea"'?
~.Tmeof'njury
32g. LocaIianotlrpy (SlreeI, city/town. Slate)
33a Celtiher(dleck ooIy one)
~ phy**, (Phy5lClal'l certifying cause 01 death when anolner phySlCianhas prooounced-d$alhaJlltcotl1>leted Item 23l
To Ulebnl of m, ~,.....occurrHdut tothtcauN(alllldlhlnlWUllllecl.. _ __ _......... _____ __ _... _ _... _ _... _ ____ _ __... _ 0
Pronouncing aM ~rt.ilytng phya6ciM (Physician both pronolJflClOg dealll and certifyll'lg to CillJSe of death)
!z TCI ... but of My knowledge. dNtn OCCUlTed It.... ume, daN, Ind pllce, Ind due to lhI cauN(a) and manner.. .....cL _ _ _ _ ... ... ... ... _ _ ... _ _ _ ... ... _
~ ~:'''~~= and ,.. 10''''''''''''.. In m, opi""'.. "". .....,.." ...'i.... ..... and _ ...., duo 10'" _'I and......... u........ 0
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LAST WILL AND TESTAMENT OF
Chester Willard Fry, Jr.
BE IT KNOWN THIS DAY THAT,
I, Chester Fry, of Cumberland County, Pennsylvania, being of legal age and of sound and
disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of
any person, do make, declare and publish this to be my Will and hereby revoke any Will or
Codicil I may have made.
ARTICLE ONE
Marriage and Children
I was married to Robena C. Fry, now deceased, and have no children.
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and funeral
expenses. I further direct my Personal Representative to pay all of my just debts that may be
probated, registered and allowed against my estate. However, this provision shall not extend
the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any
statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Properly
I will, give and bequeath unto the persons named below, if he or she survives me, the Property
described below:
Name
Linda J. Dinsmore
Address
242 Stetler Road
New Cumberland, PA 17070
Property: Claw foot table with marble top in living room, Spool table in master bedroom,
Semina sewing machine r-.)
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Relationship
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Name
David B. Rhoads
Address
94 Sachem Road
Needham, MA 02494
Property: Rocking chair in boy's bedroom
Address
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Relatiollship
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Name
Linda Dinsmore, Lynn Rhoads,
Kimberly Dinsmore, Jennifer
Dinsmore
Property: Are to divide equally Robena's jewelry by taking turns
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Signed by TestatorfTestatrix:
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Name Add~
Andrew Dinsmore, Daniel
Dinsmore, Gabriel Rhoads,
Julian Rhoads
Property: Are to divide equally the coins of value
Relationship
Grand-nephews
Name
Mary Rhoads
Add~
Relationship
9..ftel-"'~
6i*v~ In- a
Property: Robena's electric chair
Name
Paxton Presbyterian Church
Add~
3500 Sharon Street
Harrisburg, PA 17111
Property: Singer sewing machines, yard goods
Relationship
All other property shall be sold at auction except for books of value as indicated below.
In the event I name a person in this Article and said person predeceases me, the bequest to
such person shall lapse and the property shall pass under the other provisions of this wm. In
the event that I do not possess or own any property listed above on the date of my death, the
bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to Linda
Jo Dinsmore and David Brian Rhoads. If I name more than one person, they are to receive the
property ~ equally, per stirpes, or D equally, or the survivor.
ARTICLE FIVE
All Remaining Property - Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of every
kind and character, including, but not limited to, real and personal property in which I may have
an interest at the date of my death and which is not otherwise effectively disposed of, to
Linda Jo Dinsmore and David Brian Rhoads. If I name more than one person, they are to
receive the property ~ equally, per stirpes, or D equally, or the survivor. Clothing is to be
donated to Daily Bread and nothing is to go to the Salvation Army. Any valuable books (as
deemed by Lynn Rhoads) are to be sold separately, not at auction.
(' r . +-;-. J v/.1-'l': ~J
Signed by TestatorlTestatrix: ~ f
-2-
ARTICLE SIX
Appointment of Personal Representative, Executor or Executrix
I hereby appoint Linda Jo Dinsmore and David Brian Rhoads, as Personal Representatives of
my estate and this Will. In the event either of my Personal Representatives shall predecease
me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I
hereby appoint the other to serve as sole successor Personal Representative of my estate and
Will.
The term "Personal Representatives", as used in this Will, shall be deemed to mean and include
"Personal Representatives", "Executors" or "Executrixs".
ARTICLE SEVEN
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representatives and successor Personal Representative shall serve without any
bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE EIGHT
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representatives shall have broad discretion in the administration of my
Estate, without the necessity of Court approval. I grant unto my Personal Representatives, all
powers that are allowed to be exercised by Personal Representatives by the laws of the State of
Pemsylvania and to the extent not prohibited by the laws of Pennsylvania, the following
additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or "Probate Code" adopted by the State of Pennsylvania.
2. To compromise claims and to abandon property which, in my Executors' opinion
is of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes
or other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representatives may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death. I
authorize my Personal Representatives to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representatives shall not be
disqualified by reason of being a partner, equity owner or title holder in such firm from
participating on behatf of my estate in any dealings herein authorized to be carried on between
my Personal Representatives and the partners or equity owners of any such partnership or
other entity.
Signed by TestatorlTestatrix:
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5. To lease, sale, or offer on a lease purchase, any real or personal property for
such time and upon such terms and conditions in such manner as may be deemed advisable by
my Personal Representatives, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representatives may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7 . To pay all necessary expenses of administering the estate and any trust
including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and
to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them and
to partite and to distribute property of the estate or trust in kind or in undivided interests, and to
determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution,
redemption, or similar proceedings involving assets compriSing my estate or any trust created
hereunder, and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate or
income taxes, and to agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representatives shall determine, and to give such security therefor
as my Personal Representatives may determine.
All authorities and powers hereinabove granted unto my Personal Representatives shall be
exercised from time to time in her or his sole and absolute discretion and without prior authority
or approval of any Court, and I intend that such powers be construed in the broadest possible
extent.
Signed by T estatorrr estatrix:
(~ W''''~f'v
-4-
ARTICLE NINE
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
The masculine gender shall be deemed to include the feminine as well as the neuter, and vice
versa, as to each of them; the singular shall be deemed to include the plural, and vice versa.
The term "testator" as used herein is deemed to include me as Testator or Testatrix.
This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party
and I may revoke this Will at any time.
If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my
expressed intent that the remaining parts shall be effective and fully operative and it is my intent
that any Court so interpreting same construct this Will and any provision in favor of survival.
ARTICLE TEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the State of
Pennsylvania.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
t!. fIV}-
If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such
person's portion of my estate shall be diminished by the amount of such debt.
Signed if Selected:
CLAl~
Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive
such real property and not paid by my Personal Representative.
Signed if Selected:
Cv/1
I desire to be buried in the Shoop's cemetery in Dauphin County, Pennsylvania.
Signed if Selected:
I, Chester Fry, having signed this Will in the presence of ,If J( {(!J...- ft/~,< tt ~ if /' ~ Gr-C<....L1--
and ---- who attested it at my request on this the q 1-0)
day 1'1 of A .. -oL,..L"" 20 () 1 at
31t;,r- N. f/rOW! iJ ft'Y l" IJIt r 1"1.1 f!:tp Ai ) 10f! (address), declare
this to be my Last Will and Testament. <.J
r-t.A_~ ~ '>rAN{ j\.r
Chester Willard Fry 7
T estatorlT estatrix
Signed by TestatorfTestatrix:
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The above and foregoing Will of Chester Fry (name of testatorltestatrix) was declared by
Chester Fry (name of testatorltestatrix) in our view and presence to be hislher Will and was
signed and subscribed by the said Chester Fry (name of testatorltestatrix) in our view and
presence and at hislher request and in the view and presence of Chester Fry (name of
testatorltestatrix) and in the view and presence of each other, we, the undersigned, witnessed
and attested the due execution of the Will of Chester Fry (name of testatorltestatrix) on this the
_ 7- day;;~ .20Q1
~ Witness Signature
Print Name: ::Jfrf J e d..... Ale 'Ja.~r-Grc41 Print Name:
Address: 34'7 E. /1l.eufW Dr. J Address:
City, State, ZiP:"-1Yfit~c.{burj ,1/3 11{)~~ity, State, Zip:
Phone: 1)1~7~-060J' Phone:
Signed by T estatorfT estatrix:
-6-
PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT
common~1th of Pennsy'lva~ A .. 1\ J . __ ..J-I~
County 0 ./"ll.brlll~_~
NOTARIAL SEAl.
MNN E SMITH
Notary Public
CIlY OF HARRISBURG. DAUPHIN COUNtY
My CommIsSion expires May 11. 2008
I, Chester Willard Fry, Jr_, the testatorltestatrix whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; and that I signed it willingly and as my free
and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by ChC6fG,,,- /(/ h! J L
the testatorltestatrix, this 9-111 day of ~ 1 . 20 171
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T estatorfT estatnx 1Ilo...V\,.r- Qj
Typed Name Chester Willard Fry, Jr.
Signature of oIIicer or aIIomey ~~
~al and official capacity of officer ~ Jt~ '
or state of admission of attorney 'A '7 . ~ ( /
Commonwealth of Pennsylvania
County of b ~J,.,~
We, J rJ r , ea.... '4)f xtJ.Jlde r- DrfUt\ and ~ - , the
witnesses whose names are signed to tHe attached or foregoing instrument, being duly quatified
according to law, do depose and say that we were present and saw the testatorltestatrix sign
and execute the instrument as hislher Last Will; that the testatorltestatrix signed willingly and
executed it as hislher free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the testatorltestatrix signed the will as a witness;
and that to the best of our knowledge the testatorltestatrix was at that time 18 or more years of
age, of sound mind, and under no constraint or undue influence.
NOTARIAL SEAL
MARY E SMITH
Notary Public
CIlY OF HARRISBURG. DAUPHIN COUNlY
My Commission ExpIres May 11. 2008
Sworn to or affirmed and subscribed before me by -::;;u ,~ ~ /Ik~/" ..p::~1 and
20P1 . ~d;i~ '
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Signatureofolliceror~~~
Seal and official capacity of office'jU 7Z. d. .
or state of admission of attorney ~ ~/-/ ~/ /1'-/
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20 Pa.C.S.A. ~ 3132.1 Pennsylvania Seft Authenticating Affidavit