HomeMy WebLinkAbout12-07-07
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Muriel Smith No. d J-Ol-J I' 3
also known as To:
Register of Wills for the
, Deceased. County of Cumberland in the
Social Security No. 025-14-3391 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut rix named
in the last will of the above decedent, dated Aoril11. 2006
and codicil(s) dated Julv 19. 2007
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with
h er last family or principal residence at 101 Maole Avenue. Camo Hill. Pennsylvania
(list street, number and municipality)
Decedent, then 83 years of age, died 10/22/2007
at Community General Osteooathic Hosoital. 4300 Londonderrv Road. Harrisburg. Pennsvlvania
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $
(Ifnot domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $ 190.000.00
situated as follows:
101 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA} ss
COUNTY OF Cumberland
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 ofpetitioner(s) and that as personal repre~en-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or ~ffirIl}~~ subscribed { "1'- WM1lJ-mu1^ nr/;#'j
b fore me thIS I . day of
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Estate of Muriel Smith
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW .~ ~ .f'l\ ~ \ 0 4__ I 62 (X) I , in consideration ofthe petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 4/11/2006 and 7/19/2007
described therein be admitted to probate and filed of record as the last will of Muriel Smith
and Letters Testamentarv
are hereby granted to
Wendy Karen Smith
( oc\ , c \ ~ \ FEES IS. D0
Probate, Letters, Etc.. . . . . $:Jt D {) ,rID
Short Certificates ( }...... $ W. nO
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TOTAL _ $ '3Cf=i. (j)
Filed. .J~. -. () "): .07. . . . . . . . . . . . .
Amy M. Moya, Esq. 1\_
91402 ~y
ATTORNEY (Sup. C
4811 Jonestown Road, Ste 226
Harrisbura PA 17109
ADDRESS
717-652-7323
PHONE
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Last Will and Testament
of
Muriel Smith
I, Muriel Smith, a resident of Camp Hill, Cumberland County, Pennsylvania,
revoke any prior wills and codicils made by me and declare this to be my Last Will and
Testament.
Article One
Family Information
I have three children. Their names and dates of birth are:
Wendy Karen Smith, born on August 6, 1952
Holly Jan Smith, born on May 20, 1954
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Corey David Smith, born on June 24, 1960
All references to my children in my will are to these children.
References to my descendants are to my children and their descendants.
Article Two
Specific and General Gifts
Section 2.01
Disposition of Tangible Personal Property
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I give all my tangible personal property, together with any insurance policies covering
such property and claims under such policies in accordance with a "Memorandum for
Distribution of Personal Property" or other similar writing directing the disposition of
such property, which shall be dated and signed by me.
I intend that the writing qualify to distribute my tangible personal possessions under
applicable state law.
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Section 2.02
Contingent Distribution of Tangible Personal Property
I give any tangible personal property not disposed of by a written memorandum to my
children, in shares of substantially equal value, to be divided among my children as they
shall agree. In case my children do not agree upon the division of the property within a
reasonable time not to exceed 6 months after my death, my Executor shall sell the
property and distribute the net proceeds equally among my living children.
My Executor shall incur no liability to any party for any decision made by my Executor
with respect to either the division or sale of my tangible personal property, and any
decision made by my Executor shall be final and binding on all of my beneficiaries.
Section 2.03
Definition of Tangible Personal Property
For purposes of this Article, my tangible personal property shall include but not be
limited to my household furnishings, appliances and fixtures, works of art, motor
vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting
goods, and hobby paraphernalia.
Section 2.04
Encumbrances and Incidental Expenses of Tangible
Personal Property
My Executor shall distribute property under this Article subject to liens, security interests
or other encumbrances on the property.
My Executor shall pay, as an administration expense, the reasonable expenses of storing,
packing, insuring, transporting and otherwise caring for my tangible personal property
until actual delivery of each article of property to the appropriate beneficiary.
Article Three
My Residuar'1 Estate
Section 3.01
Definition of My Residuary Estate
All the remainder of my estate, including property referred to above that is not effectively
disposed of, shall be referred to in my will as my "residuary estate."
Section 3.02
Disposition of My Residuary Estate
My Executor shall divide my residuary estate into shares as follows:
Page 2
Name
Relationship
Share
Wendy Karen Smith
daughter
40%
Corey David Smith
son
30%
Holly Jan Smith
daughter
30%
I give each share to the beneficiary outright. If a beneficiary is deceased, I give the share
to the other beneficiaries pro rata. If there are no other beneficiaries my Executor shall
distribute the share as provided in Article Four entitled "Remote Contingent
Distribution. "
Article Four
Remote Contingent Distribution
If, at any time, there is no person or entity qualified to receive final distribution of my
estate or any part of it, then the portion of my estate with respect to which the failure of
qualified recipients has occurred shall be distributed to those persons who would inherit it
had I then died intestate owning the property, as determined and in the proportions
provided by the laws of Pennsylvania then in effect.
Article Five
Designation of Executor
Section 5.01
Executor
I name Wendy Karen Smith as my Executor. If Wendy Karen Smith fails or ceases to act
as my Executor, I name Corey David Smith as my Executor.
Article Six
General Administrative Provisions
The provisions of this Article apply to my probate estate.
Page 3
Section 6.01
No Bond
No Fiduciary shall be required to furnish any bond for the faithful performance of the
Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be
required on such bond.
Section 6.02
Fiduciary Compensation
An individual serving as my Fiduciary shall be entitled to fair and reasonable
compensation for the services rendered as a fiduciary. A corporate fiduciary shall be
compensated by agreement with an individual Fiduciary or, in the absence of an
individual Fiduciary or in the absence of an agreement, in accordance with the corporate
fiduciary's published schedule of fees in effect at the time the services are rendered.
In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my will.
Section 6.03
Determination of Principal and Income
The Pennsylvania Uniform Principal and Income Act shall govern beneficiaries' rights
among themselves in matters concerning principal and income. If the Pennsylvania
Uniform Principal and Income Act contains no provision concerning a particular item,
my Fiduciary shall determine in a fair, equitable and practical manner what shall be
credited, charged, and apportioned between principal and income.
Section 6.04
Distributions to Incapacitated Persons and Persons Under
Twenty-Five Years of Age
If my Executor is directed to distribute any share of my probate estate to any beneficiary
who is under the age of 25 years or is in the opinion of my Executor, under any form of
incapacity that renders such beneficiary unable to administer distributions properly when
the distribution is to be made, my Executor may, as Trustee, in my Executor's discretion,
continue to hold such beneficiary's share as a separate trust until the beneficiary reaches
the age of 25 or overcomes the incapacity. My Executor shall then distribute such
beneficiary's trust to him or her.
While any trust is being held under this Section, the Trustee shall pay to the beneficiary
for whom the trust is held such amounts of the net income and principal as the fiduciary
determines to be necessary or advisable for the beneficiary's health, education,
maintenance and support.
Upon the death of the beneficiary before that time, the Trustee shall distribute the trust,
including any accrued and undistributed income, to my then living descendants, per
stirpes. If I have no then living descendants the property shall be distributed under the
provisions of Article Four entitled "Remote Contingent Distribution."
Page 4
Section 6.05
Representative of a Beneficiary
The guardian of the person of a beneficiary may act for such beneficiary for all purposes
under my will or may receive information on behalf of such beneficiary.
Section 6.06
Ancillary Administration
In the event ancillary administration shall be required or desired and my domiciliary
Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor
shall have the power to designate, compensate, and remove the ancillary fiduciary. The
ancillary fiduciary may be either a natural person or a corporation. My domiciliary
Executor may delegate to such ancillary fiduciary such powers granted to my original
Executor as my Executor may deem proper, including the right to serve without bond or
surety on bond. The net proceeds of the ancillary estate shall be paid over to the
domiciliary Executor.
Section 6.07
Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right
to exercise any power, including a discretionary power, granted the Fiduciary in my will.
During the time a delegation under this Section is in effect, the Fiduciary to whom the
delegation was made may exercise the power to the same extent as if the delegating
Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary
may revoke the delegation at any time by giving written notice to the Fiduciary to whom
the power was delegated.
The Fiduciary may execute and deliver a revocable or irrevocable power of attorney
appointing any individual or corporation to transact any and all business on behalf of the
trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers,
and discretion that the Fiduciary could have exercised.
Section 6.08
Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my will is merged with or
transfers substantially all of its trust assets to another corporation or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the position of
my Fiduciary as if originally named my Fiduciary. No document of acceptance of the
position of my Fiduciary shall be required.
Page 5
Article Seven
Powers of My Fiduciaries
Section 7.01
Grant of Powers
My Fiduciaries may perform every act reasonably necessary to administer my estate and
any trust established under my will. Specifically, my Fiduciaries may exercise the
following powers:
They may hold, retain, invest, reinvest and manage real or personal
property, including interests in any form of business entity, and policies of
life, health and disability insurance, without diversification as to kind,
amount or risk of non-productivity and without limitation by statute or
rule of law.
They may partition, sell, exchange, grant, convey, deliver, assign, transfer,
lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute
in cash or kind or partly in each at fair market value on the date of
distribution, without requiring pro rata distribution of specific assets and
without requiring pro rata allocation of the tax bases of such assets.
They may hold in nominee form, continue businesses, carry out
agreements, and deal with themselves, other Fiduciaries and business
organizations in which my fiduciaries may have an interest.
They may establish reserves, release powers, and abandon, settle or
contest claims.
They may employ attorneys, accountants, custodians of the trust assets,
and other agents or assistants as deemed advisable to act with or without
discretionary powers and compensate them and pay their expenses from
income or principal or both.
Section i .02
Fiduciaries' Powers Act
In addition to all of the above powers, my fiduciaries may, without prior authority from
any court, exercise all powers conferred by my will or by common law or by any
fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other
jurisdiction whose law applies to my will. My Executor shall have absolute discretion in
exercising these powers. Except as specifically limited by my will, these powers shall
extend to all property held by my fiduciaries until the actual distribution of the property.
Section 7.03
Alternative Distribution Methods
My Fiduciary may make any payment provided for under my will as follows:
Page 6
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under a disability;
To the beneficiary's guardian, conservator, agent under a durable power of
attorney or caregiver for the benefit of the beneficiary; or
By direct payment of the beneficiary's expenses, made in a manner
consistent with the proper exercise of the fiduciary's duties hereunder. A
receipt by the recipient for any such distribution shall fully discharge my
Fiduciary.
Article Eight
Provisions for Payment of Debts, Expenses and Taxes
Section 8.01
Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
Section 8.02
No Apportionment
Except as otherwise provided in this Article or elsewhere in my will, my Executor shall
provide for payment of all estate, inheritance and succession taxes payable by reason of
my death ("death taxes") from my residuary estate as an administrative expense without
apportionment and shall not seek contribution toward or recovery of any death tax
payments from any individual.
Section 8.03
Property Passing Outside of My Will
Except as to Qualified Retirement Benefits, death taxes imposed with respect to property
included in my gross estate for purposes of computing the tax and passing other than by
my will shall be apportioned among the persons and entities benefited in the proportion
that the taxable value of the property or interest bears to the total taxable value of the
property and interests received by all persons benefited. The values as finally determined
in the respective tax proceedings shall be the values used for the apportionment of the
respective taxes.
Page 7
Section 8.04
Tax Elections
In exercising any permitted elections regarding taxes, my fiduciaries may make such
decisions as they deem to be appropriate in all the circumstances and my fiduciaries shall
be under no duty to make any compensatory adjustment as a consequence of any such
election. My Executor may also pay such taxes or interest and deal with any tax refunds,
interest, or credits as it shall deem necessary or advisable in the interest of my estate.
Article Nine
Definitions and General Provisions
Section 9.01
Definitions
For purposes of my will and for the purposes of any trust established under my will, the
following definitions shall apply:
(a) Adopted and Afterborn Persons
A legally adopted person in any generation and his or her descendants,
including adopted descendants, shall have the same rights and shall be
treated in the same manner under my will as natural children of the
adopting parent, provided such person is legally adopted prior to attaining
the age of 18 years. A person shall be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
(b) Descendants
The term "descendants" shall include a person's lineal descendants of all
generations.
(c) Fiduciary
My "Fiduciary" or "Fiduciaries" shall refer to my Executor. My
"Executor" shall include any executor, ancillary executor, administrator,
or ancillary administrator, whether local or foreign and whether of all or
part of my estate, multiple Executors, and their successors.
(d) Legal Representative
As used in my will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Page 8
Trustee, or any other person or entity personally representing a person or
the person's estate.
(e) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
stirpes, the distribution shall be divided into as many shares as there are
then living children of such person and deceased children of such person
who left then living descendants. Each then living child shall receive one
share and the share of each deceased child shall be divided among such
child's then living descendants in the same manner.
(f) Shall and May
Unless otherwise specifically provided in my will or by the context in
which used, I use the word "shall" in my will to command, direct or
require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in my will.
(g) Other Definitions
Except as otherwise provided in my will, terms shall be as defined under
Pennsylvania law.
Section 9.02
Survivorship Presumption
If any beneficiary shall be living at my death, but die within 30 days thereafter, then such
beneficiary shall be deemed to have predeceased me for all purposes of my will.
Section 9.03
General Provisions
The following general provisions and rules of construction shall apply to my will:
(a) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender as is appropriate within the context. The word "or" when used in a
list of more than two items may function as both a conjunction and a
disjunction as the context requires or permits.
Page 9
(b) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within my will
are included solely for the convenience and reference of the reader. They
shall have no significance in the interpretation or construction of my will.
(c) Governing State Law
My will shall be governed, construed and administered according to the
laws of the Commonwealth of Pennsylvania as from time to time
amended. Questions of administration of any trust established under my
will shall be determined by the laws of the situs of administration of such
trust.
(d) Notices
Unless otherwise stated, whenever my will calls for notice, the notice shall
be in writing and shall be personally delivered with proof of delivery, or
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice shall be effective
on the date personally delivered or on the date of the return receipt. If a
party giving notice does not receive the return receipt but has proof that he
or she mailed the notice, notice shall be effective on the date it would
normally have been received via certified mail. If notice is required to be
given to a minor or incapacitated individual, notice shall be given to the
parent or legal representative of the minor or incapacitated individual.
(e) Severability
The invalidity or unenforceability of any provision of my will shall not
affect the validity or enforceability of any other provision of my will. If a
court of competent jurisdiction determines that any provision is invalid,
the remaining provisions of my will shall be interpreted and construed as
if any invalid provision had never been included in my will.
I~ Muriel Smith, having signed this Will in the presence ofs..,~~ E, L~~ and
.j l\O\~~\o..t ~u.. c.L who attested it at my request on this day,
~.;.. \ \ \ , 2006 at Harrisburg, Pennsylvania, declare this to be my Last
Will d Testament.
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uriel Smith, Testatrix
Page 10
The above and foregoing Will of Muriel Smith was declared by Muriel Smith in our view
and presence to be her Will and was signed and subscribed by the said Muriel Smith in
our view and presence and at her request and in the view and presence of Muriel Smith
and in the view and presence of each other, we, the undersigned, witnessed and attested
the due execution of the Will of Muriel Smith on this day, f:1~ti I II ,
2006.
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PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF DAUPHIN )
I, Muriel Smith, the testatrix 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 Muriel Smith, the testatrix, this
day, ~ (~\ \ \ ' 2006.
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uriel Smith, Testatrix
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amy M. Moya, Notary Public
Lower Paxton T\\'Jl., Dauphin County
My Commission Expires Jan. 29, 2008
Member, Pennsylvania Association of Notaries
Page 11
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF DAUPHIN )
We, ~'-'~~~.~ and ~tv.W'{.Lv-...t ~^-h d..- , the witnesses whose
names are signed to the attached or fo~g instrument, being duly qualified according
to law, do depose and say that we were present and saw the testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly and executed it as her free
and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the testatrix signed the will as a witness; and that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of sound mind, and
under no constraint or undue influence.
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Witness
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COMMONWEALT PENNSYLVANIA
Notarial Seal
Amy M. Moya, Notal)' ~ublic
Lower Paxton Twp., Dauphm County
My Commission Expires Jan. 29,2008
Member, Pennsylvania Association of Notaries
Page 12
FIRST CODICIL TO THE WILL
OF
MURIEL SMITH
I, MURIEL SMITH, of Harrisburg, Dauphin County, Pennsylvania, declare this to be a First
Codicil to my Will dated April 11, 2006.
FIRST: I revoke Section 2.02 of Article Two of my Will and substitute therefor the
following new Section 2.02:
ARTICLE TWO
Specific and General Gifts
Section 2.02 Contingent Distribution of Tangible Personal
Property
I give any tangible personal property not disposed of by a written
memorandum to my children, to be divided among my children as
they shall agree, in the following shares:
Wendy Karen Smith
50%
Holly Jan Smith
25%
Corey David Smith
25%
In case my children do not agree upon the division of the property
within a reasonable time not to exceed 6 months after my death,
my Executor shall sell the property and distribute the net proceeds
among my living children as indicated by the above percentages.
My Executor shall incur no liability to any party for any decision
made by my Executor with respect to either the division or sale of
my tangible personal property, and any decision made by ~o
Executor shall be final and binding on all of my beneficiaries. :Q;-g
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SECOND: I add a new Section 2.05 to Article Two of my Will as folloVf~2~
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ARTICLE TWO ):..
Specific and General Gifts
Section 2.05 Specific Distribution of Residence
As soon as practicable after my death, my Executor shall sell my
residence located at 101 Maple Avenue, Camp Hill, Cumberland
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County, Pennsylvania, and distribute the net proceeds to my
children as follows:
Wendy Karen Smith
50%
Holly Jan Smith
25%
Corey David Smith
25%
If one of my children is deceased, I give his or her share to my
surviving children, pro rata. If all of my children are deceased, my
Executor shall distribute the net proceeds from the sale of my
residence as provided in Article Four entitled "Remote Contingent
Distribution" .
THIRD: In all other respects, I confirm and republish my Will dated April!!, 2006.
I signed this First Codicil to my Will on ~ )'^~ \~ ,2007.
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1vRJRIEL SMITH
On the date last above written, we saw MURIEL SMITH, in our presence, sign the
foregoing instrument at its end. She then declared it to be a First Codicil to her Will and requested
us to act as witnesses to it. We then, in her presence and in the presence of each other, signed our
names as attesting witnesses, believing her at all times herein mentioned to be of sound mind and
emory and not acting under constraint of any kind.
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF DAUPHIN )
We, ~ 'i M . y1\\)'(l\ and -Sv~~ e-. LeA €-.J~ , the
witnesses whose names are SIgned to the attached or foregoing instrument, being duly qualified
according to law do depose and say that we were present and saw the Testatrix sign and execute the
instrument as a First Codicil to his Last Will; that the Testatrix signed willingly and executed it as
his free and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the Testatrix signed the will as a witness; and that to the best of our knowledge
the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint
orund~ influenre. ~ ' fr
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I, MURIEL SMITH, Testatrix, 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 a First Codicil to my Last Will; that I signed it willingly; and that I
signed it as my free and voluntary act for the purposes therein expressed.
-n/~~~
.tyfURIEL SMITH, TESTATRIX
Subscribed and sworn to and acknowledged before m~bY MURIEL SMITH, the Testatrix,
and subscribed and sworn to before me, t ~Y\'\'1 vYt . (Y1\:>'y 0.. and
S~~ ~, \.-~ ' witnesses, on ..Jv.-. 1'1 ,2007.
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jacqueline M. Mindeck, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Oct. 25, 2010
Member, Pennsylvania Association ot Notaries
3