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FAMILY SETTLEMENT AND FINAL RELEASE
In Re: Estate of LILLIAN GRAY, Deceased
No. 2107-0185
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KNOW ALL MEN BY THESE PRESENTS, that
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WHEREAS, LILLIAN GRAY, Late of South Middleton Township, Cumberland
County, Pen..'1.sylvania, died testa.te on February 27, 2007, having first made her
last will and testament, which was duly executed on November 29, 1990, and is
duly recorded in Cumberland County, PA, to No. 21-07-0185
WHEREAS, the said Lillian Gray, by the aforesaid last will and testament,
named her son, Samuel Gray as Executor of said last will and testament.
WHEREAS, Letters Testamentary on the estate of the said decedent were duly
issued by the Register of Wills of Cumberland County, P A. to the said Executor
hereinafter called the personal representative;
WHEREAS, the said personal representative has gathered the assets of the estate
of the said decedent and the assets consist of cash and personal property for a
total value of $563,064.74 as set forth below:
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
18.
19.
20.
13 Strawberry Drive, Carlisle, P A -sale price
M&T bank, checking account
Sovereign Bank, checking account
Gibb Financial
US. Savings Bonds, Series E
Internal Revenue Svc., 2006 tax refund 1040
Tax Proration received on 13 Strawberry Ct.
Personal property
Waste Management, refund
USAA insurance dividend
Comcast refund
Magazine refund
From old savings account
Embarq, refund
USAA insurance refund
Bank dividends
Gibb Financial, closing balance
Members 1st, checking
Members 1st, savings
Members 1st money management
164,900.00
43,451.15
28,463.65
274,845.72
14,528.48
8,930.00
381.64
200.00
15.12
416.47
43.62
9.99
25.00
32.10
147.52
1,048.51
40.27
3,812.45
10,209.92
11,563.13
563,064.74
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WHEREAS, the debts and deductions induding the payment of inheritance tax
in the said estate, amount to $64..072. 92as set forth below:
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
34.
35.
36.
37.
38.
39.
Hoffman Roth Funeral Home
Allenberry, funeral reception
Car Service, transportation to care giver to
her home
William A. Addams, attorney fee
Register of Wills, probate fees
Klingler & Associates, prep. of 1041 return
Sentinel, advertising
Cumberland Law Journal, advertising
Klingler & Assoc, prepare 20061040
P A. Dept. of Revenue, 2006 P A 40 tax due
Realty transfer tax on property sale
Ebener & Assoc., real estate commission
Register of Wills, filing fees, $30 + $14
Sovereign Bank, return of last retirement
pay
IRS, 1st quarter estimate tax for 2007
PP&L
Embarq
Waste Management
PMT Condo Assoc.
Final Water bill
Final Sewer bill
J .A. Campbell
PP&L
PMT Condo Assoc.
Kinitic imaging
Embarq
S. Middleton Municipal Authority
USAA
Blacks
PMT Condo Assoc.
PP&L
Embarq.
Mid State Chemical Dry, dean carpet
Steve Nagle, trash hauling
PP&L
P A inheritance tax payment (Exhibit A)
Bank charge for checks
Register of Wills, filing supplemental
inheri tance tax return
Pa additional inheritance tax
2,783.48
2,302.08
300.00
18,100.00
530.00
600.00
158.81
75.00
225.00
112.00
1,649.00
9,894.00
44.00
1,239.77
125.00
250.10
62.78
44.88
125.00
60.50
75.00
348.27
92.94
125.00
3.09
57.23
99.00
100.79
213.06
125.00
60.69
56.37
395.86
40.00
23.97
22,370.27
13.95
15.00
1,176.03
64,072.92
Total Assets
Total Debts
Balance for Distribution
$563,064.74
64,072.92
$498,991.82
Distribution
Items distributed are in accordance with Item 4. of the Last Will and
Testament of Lillian Gray, attached as Exhibit B.
50% to my son,
Samuel Gray
110 Briarwood Lane
Carlisle, P A 17015
$249,495.91
Cash
Personal property
50% to my daugher,
Eileen F. Weeks
232 Heather View Dr., #D
Jonesboro, TN 37659
Cash
Personal property
$249,395.91
$ 100.00
$249,495.91
$249,395.91
$ 100.00
Total Distributed
$498,991.82
WHEREAS, the balance for distribution has been distributed in accordance with
the terms of the last will and testament of the decedent as set forth in the
schedule of distribution.
NOW, THEREFORE we, the undersigned Legatees, being all of the legatees of
the said decedent and being those persons entitled to inherit under the last will
and testament of Lillian Gray do hereby, each of us, acknowledge that we have
received from the aforesaid estate, in full satisfaction, the sum or sums of money
set forth above.
AND, each of us does hereby stipulate and agree that in order to avoid the
expense and time involved in the filing of a formal account and schedule of
distribution, we each agree that no account is necessary and we do hereby agree
that we do consent to distribution being made without the filing of an account
and schedule of distribution, the same to be with the same force and effect as if
they had been filed and confirmed by the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, P A.
THEREFORE, each of us does hereby remise, release, quitclaim and forever
discharge the said personal representative, her heirs, executors, and
administrators and assigns, of and from the said estate and from all actions, suits,
payments, accounts, reckonings, claims, and demands whatsoever for or by
reason thereof, or for any other use, matter, cause or thing whatsoever touching
upon the estate of the said decedent, and each of us does further hereby covenant
and agree that should any liability come due to the estate of the said decedent
after the signing of this agreement, we and each of us do hereby covenant and
agree with each other that we will contribute pro rata our share of the estate to
satisfy any and all claims, demands, suits, or causes of action which may be
successfully prosecuted against the said estate after signing, sealing and delivery
of this settlement agreement, and final release.
IN J:YiTNESS~REOF, we have hereunto set our hands and seals this _
If) day of rrb ^ , 2007.
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And as Execut
Lillian Gray
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Eileen F. WeekS
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Commonwealth of Pennsylvania)
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County of Cumberland )
On this, the 0 of ~ 2007, before me, a Notary
Public, the undersigned officer, personally appeared Samuel Gray, known to me
to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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JIIr III III Illn....... June S, Me
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STATE OF TENNESSEE )
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On this, the 1~ of fy rtn~^ 2007, before me, a Notary
Public, the undersigned office~eared Eileen F. Weeks, known to
me to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS ~REOF, I hereunto set my h~. .
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
*'
REV-1547 EX AFP (06-05)
DATE 07-30-2007
ESTATE OF GRAY LILLIAN E
DATE OF DEATH 02-12-2007
FILE NUMBER 21 07-0185
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 09-28-2007
( See reverse side under Objections)
A.ount Re.ittedl I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
-------------------------------------------------------------------------------------------
REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF GRAY LILLIAN E FILE NO. 21 07-0185 ACN 101 DATE 07-30-2007
WILLIAM A ADDAMS ESQ
43 W SOUTH ST
CARLISLE PA 17013
TAX RETURN WAS: (X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
( ) CHANGED
(1)
(2)
(3)
(4)
(5)
(6)
(7)
164,900.00
.00
.00
.00
370,800.64
.00
.00
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
If an assess.ent was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ~ returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate
16. Amount of Line 14 taxable at Lineal/Class A rate
17. Amount of Line 14 at Sibling rate
18. Amount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CR!;:DITS:
PAYMENT
DATE
06-01-2007
06-01-2007
NOTE:
RECEIPT
NUMBER
CD008226
CD008227
ULlSl,;OUNI l+J
INTEREST/PEN PAID (-)
.00
.00
*
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
A-
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
(9)
(0)
38,583.59
.00
(11)
(2)
(3)
(4)
OS)
(6)
(7)
(8)
.00 X
497,117.05 X
. DO X
. DO X
AMOUNT PAID
20.11
22,350.16
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
535,700.64
38.1;83_59
497,117.05
.00
497,117.05
DO =
045 =
12 =
15 =
.00
22,370.27
.00
.00
22,370.27
(9)=
22,370.27
.00
.00
.00
I ,
THE LAST WILL AND TESTAMENT
OF
LILLIAN E. GRAY
Being of lawful age and sound and disposing mind and memory and not acting
under any duress, fraud, undue influence or inducement of any person, I,
LILLIAN E. GRAY, a domiciliary of Mount Holly Springs, Pennsylvania:
ITEM 1
Hereby make, publish, and declare this my last Will and Testament, revoking
and rendering null and void other Wills and codicils heretofore made by me.
ITEM 2
I direct my Executor to pay the following as soon after my death as may be
practicable:
a. All of my just debts and the expenses of my last illness, funeral
and of the administration of my estate; but my Executor need not accelerate and
pay those unmatured obligations which, in his opinion, it might be proper and
more advantageous to retain or renew and pay as they become due and payable.
b. All inheritance, transfer, estate and similar taxes (including
interest and penalties) assessed or payable by reason of my death, on any
property or interest in my estate for purpose of computing taxes. My executor
shall not require any beneficiary under this will to reimburse my estate for
taxes paid on property passing under the terms of this will.
ITEM 3
TESTATOR - The term "Testator" as used in this Will refers to the maker of this
Will, whether male or female.
EXECUTOR - The term "Executor" as used in this Will refers to the person I
appoint to execute this Will, whether male or female.
SURVIVAL - Whenever a provision of this Will conditions a beneficiary's taking
by that beneficiary surviving the Testator, such condition of survival shall be
construed as a condition precedent to the validity of the gift, devise or
bequeath; and such condition shall be satisfied only upon survival by the
beneficiary for a period of thirty days after the date of death of the Testator
or until this Will is probated, whichever shall be the first to occur, unless
expressly stated otherwise in a provision of this Will.
PAGE ONE OF SIX PAGES
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CHILDREN - The term "children" as used in this Will shall include any children
hereafter born to or adopted by me, and any minor stepchildren living with me
at the time of my death, as well as the children I now have, EILEEN WEEKS and
SAMUEL GRAY, IV, unless expressly stated otherwise in some provision of this
Will.
MINOR - The term "Minor" as used in this Will means a person under years of
age.
DESCENDANTS - The term "Descendants" as used in this Will means the immediate
and remote lawful lineal descendants or offspring by blood or adoption of the
person referred to who are in being at the time they must be ascertained in
order to give effect to the reference to them.
PER STIRPES - The term "Per Stirpes" as used in this Will means that whenever
distribution is to be made per stirpes, the estate or portion of the estate, to
be so distributed, shall be divided into as many shares as there are surviving
heirs in the nearest degree of kinship to the decedent and deceased persons in
the same degree of kinship who left issue who survive the decedent. This
degree of kinship shall be termed the root generation. Each surviving heir in
the root generation shall take one full share. Those remaining heirs, i.e. the
surviving issue of the deceased persons in the root generation, shall take the
share of their deceased ancestor in the root generation, such share being
divided in the following manner: each surviving issue shall take the
fractional share that his or her immediate ancestor would have taken had he or
she survived; and when there are two or more such surviving issue in the same
degree of kinship they shall divide such fractional share equally among them.
PER CAPITA - The term "Per Capita" as used in this Will means that whenever
distribution is to be made per capita, the estate or portion of the estate, to
be so distributed, shall be divided into as many equal shares as there are
surviving issue, standing in the same degree of kinship to the decedent.
Distribution shall be made without reference to right of representation of the
surviving issue.
ISSUE - The term "Issue" as used in this Will means all persons who are
descended from the person referred to, either by legitimate birth to or
adoption by that person or any of that descendant's legitimately born or
legally adopted descendants.
INTENTIONAL OMISSION - I have intentionally omitted to provide for any relative
or other person, not named as a beneficiary, under this my Last Will and
Testament, whether claiming to be an heir of mine or not, unless otherwise
provided for in this my Last Will and Testament.
PAGE TWO OF SIX PAGES
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ITEM 4
I hereby give, devise and bequeath all the rest, residue and remainder of
my said estate and property of which I may die seized and possessed, and to
which I may be entitled at the time of my death, of whatsoever kind and nature,
and wheresoever it may be situated, be it real, personal or mixed including any
power of appointment that I may have, absolutely and in fee simple forever to
my children, who shall survive me, in equal shares, and to the issue, living at
my death, of such children who shall predecease me, per stirpes and not per
capita.
ITEM 5
In the event that the above beneficiaries shall not survive me, I hereby
give, devise and bequeath all the rest, residue and remainder of my said estate
and property, of which I may die seized, and possessed, and to which I may be
entitled at the time of my death, of whatsoever kind and nature, and
wheresoever it may be situated, be it real personal, or mixed, including any
power of appointment that I may have, absolutely and in fee simple forever to:
SAINT PATRICKS CATHOLIC CHURCH in Carlisle, Pennsylvania.
ITEM 6
I hereby appoint my son, SAMUEL GRAY IV as Executor of my Will. If my
Executor fails to serve, or for any reason fails to continue to serve, I then
appoint my daughter, EILEEN WEEKS to serve as Executor.
ITEM 7
I designate my Executor to be an Independent Executor to the fullest extent
permissible under the laws of the State of Pennsylvania. I direct that no bond
or other security be required. I further direct that no action be had in any
court relative to the administration of my estate other than to prove and
record this Will and to return an inventory, appraisal and list of claims of my
estate.
ITEM 8
My Executor shall have the following powers, which are to be construed in
the broadest manner consistent with the validity of this Will and with their
duties as fiduciaries. The powers stated herein are not intended to be
exclusive, but shall be in addition to those granted by law and shall also
pertain to any administrators or trustees who succeed the fiduciaries I have
appointed. These powers are:
a. to take possession of property, to keep it safely, and to
segregate it from other property owned or held by the fiduciary;
PAGE THREE OF SIX PAGES
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b. to retain and to invest in property, or an undivided interest in
property, including residential real estate, for any period, whether or not the
property be of the character permissible for investment by fiduciaries;
c. to sell, transfer, exchange, lease, rent, mortgage, pledge, give
options upon, partition and otherwise dispose of real or personal property, at
private or public sale, for cash or upon whatever terms the fiduciary deems
advisable, without notice or order of court;
d. to render liquid my estate, in whole or in part, and to hold cash
or readily marketable securities of little or no yield for such period as my
fiduciary deems advisable;
e. to borrow in the name of my estate or of the trust, upon whatever
terms and conditions and for whatever periods my fiduciary deems advisable for
the purpose of preserving, protecting or improving property held by him;
f. to pay, compromise, adjust, settle, compound, renew or abandon
claims held by my fiduciary and claims asserted against my fiduciary, on
whatever terms he deems advisable, without prior court authority;
g. to distribute in cash or in kind, or partly in cash and partly in
kind, in divided or undivided interests, notwithstanding the fact that
distributive shares may as a result be composed differently;
h. to insure the property he holds as fiduciary against the risks,
and in the amounts he, in his discretion, deems expedient, and to obtain and
pay for life, health, liability and other forms of insurance for the
beneficiaries of the trust, in his discretion;
i. to employ attorneys, accountants, investment advisors and other
professional assistants including depositaries, proxies, agents, and
appraisers;
j. to enter into transactions with other fiduciaries including
executors or trustees of estates and trusts in which my beneficiaries have an
interest, and including him as fiduciary for other estates and trusts;
k. to engage in the powers necessary to the effective administration
of corporate securities, including, without limiting the generality of this
power:
1. power to vote in person or by proxy upon all securities held
by the fiduciary;
2. power to engage in a voting trust or voting agreement with
respect to securities;
PAGE FOUR OF SIX PAGES
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3. power to consent or become a party to, or participate in;
mergers, consolidation, sales of assets, recapitalization, reorganizations,
dissolutions or other alterations of corporate structure, including adjustments
in capital structure affecting securities held by the fiduciary, whether or not
these adjustments involve payments by or to the fiduciary; and
4. power to hold securities in unregistered form or in the name
of a nominee;
1. to pay himself reasonable compensation for his services.
ITEM 8
If any part of this Will, or any trust hereby created, shall be invalid,
illegal, or inoperative, for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Executor may seek and obtain court instructions for the purpose
of carrying out as nearly as may be possible the intention of this Will shown
by the terms hereof, including the term held invalid, illegal or inoperative.
ITEM 9
Either I or my spouse have served in the Armed Forces of the United
States. Therefore, I direct my Executor to consult the Legal Assistance
Officer at the nearest military installation to ascertain if there are any
benefits to which my estate or my descendants are entitled by virtue of such
service. Regardless of my military status at the time of my death, I direct my
Executor to consult with the nearest Veteran's Administration Office to
ascertain if there are any benefits to which my survivors may be entitled.
ITEM 10
I have made, or may from time to time make, a written memorandum expressing
my desire to give certain items of personal property to specific persons. I
urge my Executor and beneficiaries to respect these wishes. Such a memorandum,
if made, shall be stored in conjunction with this Will.
PAGE FIVE OF SIX PAGES
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BE-
IN WITNESS WHEREOF I have hereunto set my hand and seal in the presence of
the witnesses whose names appear hereafter~ published this ~1 day
of Y/LJ-1J...J_LM~ 19 qtJ .
'rL/ /.AJI-t- fI ~
LILLIAN E. GRAY
( SEAU
ATTESTATION
On this4?d day of .>;/~~... 19~, LILLIAN E. GRAY, the Testator,
personally Published and Declared the foregoing Last Will and Testament, in the
presence of each of us and all of us together, who, at the Testator's request,
personally witnessed the Testator Sign and Seal the same. We then, at the
Testator's request, and in the presence of the Testator and of each other~ also
signed each page of the said document as witnesses. We further state that each
of us believes that at the time the Testator executed the foregoing instrument
said Testator was of sound mind and memory, of lawful age, and did so execute
it as a free act and deed and not under the unlawful influence of any person.
NAME:~ ~
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ADDRESS: ~o/ MIl, fit I?dll
ADDRESS: .3g,-,.f~~. ~~Pl/
NAME: :A~ ~ ):'o......J-
ADDRESS: G, 2.. <=J A c:i a\N\. ~ Rri. c",,-... ( ~s f e
PAGE SIX OF SIX PAGES
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Commonwealth of Pennsylvania Self-Proving Clause
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, LILLIAN E. GRAY, Testator, 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; that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes
therein expressed.
~ ~ ~ d NU
LILLIAN E. GRAY "'""-'~J
Sworn or affirmed to and
E. GRAY, the Testator, this
by LILLIAN
Affi davi t
Notarial Seal
Wanda K Hunter, Ndary Ptbfic
Carlisle 80m, Cumberland Coun!v
My Commissioi1 Elcpres Q:t. 18, 1993
Member, PBn.1iylvania Associa1ion of N7c!.r.es
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, EU~ENE:" II(/. EELIT€L , j)atJ/!!.€,s /'I}. I3EcJTe,-- ,
and "'f\oI..o "",a..~ (,.... \<:0 V\t. , the wi tnesses whose names are si gned to
the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw
the Testator sign and execute this Will as her Last Will; that
LILLIAN E. GRAY signed willingly and that LILLIAN E. GRAY e>:ecuted
it as her free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of the
Testator signed the Will as witnesses; and that to best of our
knowledge the Testator was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue
influence.
~~
WITN "
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WITNESS
:;:~. no r> P- K o--.L
WITNESS
by
and
Sworn or affirmed to and subscribed to before me
Et../6tr#G' i-\/. 8eU'ra- , f)Ol.olf.t?S 111. ,8EtJTe~ ~
~=~_~.~"'-' witne~~~~~_/~
Wanda K Hunter; Ncfary Pltic Not a r y
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