HomeMy WebLinkAbout12-13-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYL VANIA
Estate of
also known as
P J'. Tn.}f' MORROW
File Number
}.\ 0\ \\~~
, Deceased
Social Security Number
242-12-0275
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
IX] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated May 8,1991 and codicil(s) dated None
It" if'.: f'.:l1gp;Pf'.:t"Pi! t"nl'lt Gerl'lldine R. Morrow. wife of Decedent,
(Personal Representativ~
Ex e C 11 t r i x / named in the
died on November 15, 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 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: Non~
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or db.n.c.t.a., enter date a/Will in Section A above and complete list o/heirs.)
Name
Relationship
Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. ,? --.J . ..~
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County, Pennsylvania with his / her last principal re&id~e at ~33 '~asti;
Mechanicsbur 17050) ",:c;b _ ,.~:;
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Decedent, then
86
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years of age, died on November 30. 2007 at Harrisburg Hospital~iJarr~burg'; !fJ.
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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 PA) Personal property in County
Value of real estate in Pennsylvania
.r:-
1..0
$ 50,000.00
$
$
$ None
'.)
situated as follows:
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:
T ed or rinted name and residence
Cynthia A. Gorski
1363 Shuman Drive, Carlisle, PA 17015
FormRW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEAL TH OF PENNSYL VANIA
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 representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
before me the
13
day of
Sworn to or affirmed and subscribed
Signature of Personal Representative
Signature of Personal Representative
File Number:
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Date of Death: November 30~:; ~07 ,e_)
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, in consideration of the foregoing Peiif~, satistitCtory pro6fi
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Testamentary) .s:- "
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Estate of
PAUL M. MORROW
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Social Security Number:
242-12-0275
AND NOW, ~~~}C(\~'\ \-0 , 2007
having been presented before me, IT IS DECREED that Letters
are hereby granted to Cynthia A. Gorski
in the above estate
and that the instrument(s) dated M::l)' 8. 1991
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s
FEES ~, - -,
Letters .....SQ10~.. $~
Short Certificate(s). .S-.... $ ;>0
Renunciation(s) ........" $
0) \\ . . . $ \. S
o L~ . .. $ \b
~b ...$ 5
.. . $
... $
...$
...$
.. . $
...$
TOTAL.. .. .. .. .. .. .. $ I~DCV ~
Attorney Signature:
Attorney Name: Ricnard C. aR81bak8r
Supreme Court I.D. No.: 11-6355
Address: 44 West Main Street
M",,..'h,,,n;cc:'hll1'"g, PA 170,),)-O'ilR
Telephone: (717) 697-8528
Form RW-02 rev. 10.13.06
Page 2 of2
H105.805 REV (01/07)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 14124361
Certification Number
....
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
vf~ R~ i~ /.;5 /0'1
Local Registrar
Date Issued
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Hl05.143 REV 1112006
TYPE I PRINT IN
PERMANENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions end exemples on reverse)
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8. Date of Birth (Month, di, 11')
7.
( and"or
Nov. 29, 1921
Asheville, NC
86 v~
8b County 01 DEealh
8d Fadlily Name I' noI_, ~ _ and numbe~
Harrisburg Hospital
Dauphin
11. Decedent'sU$Ua1 tion Kfldofwor\cIone mo6l of work- IIfe,Donolstal8retired
Kiod~WoIl< Kiod~BuonessI_
Blood Bank Spvsr. Hallth Qo:e
. 16. Decedent's Mailing Address (Street, city / klwn, Stale, zip code)
4837 E. Trindle Road
Mechanicsburg, PA 17050
18. Father's Name (FIr$I. midlIe, last, dUll
Jolm Farle l-brrow
2Oa. InIomlanI's Name (Type I Prinl)
Cynthia A.
21a. Method 01 Oisposition
12. Was 0ecedenIlJV8( in !he
U,S. Armed Fon::as?
IXI Ve. ONo
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Actual Residence 17a. State
Pennsylvania
CUmberland
'70. Coonty
Ilid_
liYei'l1
Township?
17c. DC Yes, Oecedenl LiYtd in Hamp:len
17..0 No,___
ActuIIIlmit&oI
Top
Colyllloro
19. MoIher'a Name (First, rriddIe, maiden swname)
Ida Duckett
2Ob.-.-.u_I_,cily/-,_,..._1
1363 Shuman Drive, Carlisle, PA 17015
Approxirnlle inlerval: Part t1: Enter oeh&r sialibnl r.:ol'dions awfilutino 10 daaIh, 28. Did Tooac:co Use C<nnbuat to ONI\?
Onset to Oeafl but not reUing nthe und&/tyiIlg cauM given in Part I. 0 Va 0 PlObatJIy
ONo OUnknown
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32c. Place 01 tnpy: Home, FItl'A, SIreel, Fac1Ory,
"""'~.elc(Spd'l
321 It Transpor1alion Irf.lrY (SpedIy)
OD"",,/Ope_ OPessenge< 0_.",,"
M. Giller. Specify:
33a Cerutiel(~onIyonel ~.SignalureandTrlleol~rtih8r_ A /Y
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~:'aj=.":.n::~= and I orlnveatiption, in my optnion, death occurred at the time, date, and ptac:e, and due 10 the cauM(a) and manner.. aIISM.. 0
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Due to (or as a consequence o~:
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EnIir Ile UNDERlYING CAUSE
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Due to (or as a consequence of);
Due to (or as a consequence 0#);
JOa Was an Aliupsy
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AvailablePriOrto~lion
ot Cause 01 {)Qalh?
31. Manner 01 Death
)CJ. Nalural D Homicide
o Accident 0 Pending Investigation
o SUICIda 0 Could Not be DelelTl"lined
32<1. TllTI8 of Injury
o Ve. DlI No
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230. Dale SOgned (......, ..." yea<)
26. Was CaIe Refened to MecicaI Examiner / Coroner lot a Reason Olher lhan Crtmalion or DonMion?
OVe. Of No
32g. Location of Injury (StreeI, city 1 !own. slate)
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LAST WILL AND TESTAMENT OF PAUL M. MORROW
I, PAUL M. MORROW, a resident of the City of Spring Hill,
Hernando County, Florida, do hereby make and declare this
instrument to be my Last Will and Testament, hereby revoking any
and all Wills and Codicils I formerly may have made, except the
Revocable Trust referred to in herein, if the same is determined
to be testamentary.
ARTICLE I: DISPOSITION OF REMAINS
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It is my desire that my body be disposed of in accord~~e ~th
the wishes of my family.
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ARTICLE II: PAYMENT OF DEBTS. TAXES
AND COSTS OF ADMINISTRATION
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A. I direct my Personal Representati ve to pay from my
residuary estate, as soon as convenient and practical, and without
proration or apportionment, all claims or debts which I am legally
obligated to pay at my death, including the costs of any last
illness and funeral expenses, all Federal and other estate,
inheritance, generation-skipping transfer, and other death taxes,
together with any interest and penal ties thereon, which may be
levied or assessed by the United States, any state or territory
thereof, or by any foreign government or political subdivision
thereof, by reason of my death with respect to property included
in my gross estate for estate tax purposes, whether disposed of by
this will or not, and other costs of administration of my estate.
I further direct that my Personal Representative, in his or her
sole discretion, pay from my domiciliary estate all or any portion
of the costs of ancillary administration or similar proceedings in
other jurisdictions.
B. In the event the assets of my residuary estate are
insufficient to pay such claims or debts, such Federal and other
estate, inheritance, generation-skipping transfer, and other death
taxes, and such other costs of administration, or in the judgment
of my Personal Representative the property available for payment
of said claims, debts, costs and taxes should not be sold in order
to make such payments, I direct my Personal Representative to call
upon th~~ustee of the MO 0 FAMILY REVOCABLE LIVING TRUST, dated
the day of , 1991, to make payment of
those items or to provide fun s to my Personal Representative for
this purpose.
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ARTICLE III: DISPOSITION OF TANGIBLE PERSONAL PROPERTY
A. I give and devise all of my tangible personal property,
not otherwise disposed of and owned by me at the time of my death
to the then acting Tru ee of the MORROW F ILY REVOCABLE LIVING
TRUST, dated the . day of , 1991, as it
now exists or is he after amended from ime to time. Said
property shall be added to and become a part of the principal of
that Trust to be held, administered and distributed by the Trustee
of that Trust according to the terms and provisions of the Trust
Agreement.
B. I direct my Personal Representati ve to pay from my
residuary estate all storage, packing, shipping, transportation,
insurance costs, customs or duties, or other charges incident to
the preservation and distribution of any of my tangible personal
property.
ARTICLE IV: DEVISE OF REMAINDER
A. I devise all of the rest, residue, and remainder of my
estate and property which is not otherwise disposed of, of whatever
nature, real, personal, or mixed, and wherever situated, to which
I am legally or equitably entitled, including the proceeds of any
life insurance policies which are payable to my estate and all
lapsed legacies and devises, after the payment of any debts, taxes,
and costs of administration as previously instructed herein, to the
then acting ~pstee of the MO OW FAMILY REVOCABLE LIVING TRUST,
dated the ~ day of , 1991, as it now
exists or is hereafter amended f om time to time. Said property
shall be added to and become a pa t of the principal of that Trust,
to be held, administered and distributed by the Trustee of that
Trust according to the terms and provisions of the Trust Agreement.
However, this devise and bequest of my residuary estate does not
include any property over which I may have a power of appointment.
The receipt by said Trustee under said Trust Agreement shall be a
full acquittance and discharge to my Personal Representative for
the property so distributed. Upon distribution to the Trustee, the
administration of my estate shall cease with respect to the assets
passing to the Trustee, and the Trustee shall not be subject to the
control of the court in which this will is probated.
B. If for any reason the above described Trust shall not be
in existence at the time of my death, or if for any reason a court
of competent jurisdiction shall declare such Trust to be
ineffective for the disposition of assets of my estate or declare
this testamentary transfer to the Trustee of said Trust to be
ineffective, I devise my residuary estate to the Trustee named in
said Trust instrument, to be held, managed and distributed in the
same manner and for the same terms and provisions described
therein, giving effect to all valid amendments of said Trust in
effect at the date of my death, and for this purpose I incorporate
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by reference the Trust instrument as it now exists, as though set
forth herein, into this will.
ARTICLE v: SIMULTANEOUS DEATH
For purposes of this Will, my spouse shall be conclusively
presumed to have survived me if the order of death of myself and
my spouse cannot be established by proof. with respect to any
other persons, a person shall not be deemed to survive me if such
person dies within sixty (60) days after my death, nor to survive
another if such person dies within sixty (60) days after the death
of such other person.
ARTICLE VI: APPOIHTMEHT OF PERSONAL REPRESENTATIVE
A. I hereby appoint GERALDINE R. MORROW as the Personal
Representative of my estate. In the event GERALDINE R. MORROW is
unwilling or unable to serve as the Personal Representative, then
I hereby appoint CYNTHIA A. GORSKI as the First Successor Personal
Representative of my estate. In the event CYNTHIA A. GORSKI is
unwilling or unable to serve as the Personal Representative, then
I hereby appoint NANCY A. PAWELCZYK as the Second Successor
Personal Representati ve of my estate. In the event NANCY A.
PAWELCZYK is unwilling or unable to serve as the Personal
Representative, then I hereby appoint DAVID GORSKI as the Third
Successor Personal representative of my estate.
B. In the event ancillary administration is required to
dispose of any property which I may own at the time of my death
with a situs outside of the State of Florida, I hereby nominate and
appoint my Personal Representative herein named as such Ancillary
Personal Representative; however, if said Personal Representative
is not qualified to act as Ancillary Personal Representative under
the laws of the state of the situs of such property, I authorize
my Personal Representative to designate an Ancillary Personal
Representative.
C. Wai ver of Bond: No Personal Representative named in this
Article shall be required to furnish any bond or other security in
any jurisdiction for the performance of their duties.
ARTICLE VII: POWERS OF PERSONAL REPRESENTATIVE
In addition to the powers and discretion elsewhere granted in
this will and those conferred by law, I give to my Personal
Representative the power and authority to do any of the following
as my Personal Representative, in his or her unrestricted judgment
and discretion, shall deem advisable for the better management,
preservation and distribution of the property of my estate:
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A. To take possession of property, to accept property from
sources outside of my estate and to segregate it from other
property owned or held by my Personal Representative.
B. To carryon and manage, in all respects, and retain any
business enterprise in which I may be engaged at the time of my
death, including any partnership, land trust, or unincorporated
business, with the full power and authority to operate or join in
the operation of such business enterprise as a going concern, to
form or reform a general or limited partnership, to incorporate and
reincorporate, to liquidate, wind-up or sell, to merge, readjust,
consolidate or reorganize, or to appoint by proxy or vote the
shares of any business enterprise or any part thereof.
C. To sell, transfer, exchange, partition, improve, give
option upon, lease, or rent all or any part either of the real or
personal property, or both, at any time belonging to my estate, at
public or private sale, for cash or on terms and conditions
acceptable to my Personal Representative.
D. To borrow money and to pledge, mortgage, or otherwise
encumber all or any part of the real or personal property, or both,
belonging to my estate.
E. To pay, compromise, adjust, settle, compound, renew,
discharge, abandon, or submit to arbitration claims held by my
Personal Representative and claims asserted against my Personal
Representative, on whatever terms and conditions he or she deems
advisable in his or her absolute discretion.
F. To transfer any tangible personal property owned by me
at my death to the then acting Trus~..ft. of the MORROW FAMILY
REVOCABLE LIVING TRUST, dated the day of ~~ '
1991.
G. To use any of the settlement options named under policies
of life insurance which may be owned by me or which may be payable
to my estate or to my Personal Representative; provided, however,
no Personal Representative who is the insured of any insurance
policy held by my estate or any trust created hereunder, shall have
the power to exercise any rights or have any incidents of ownership
with respect to such policy, to assign the pOlicy, to revoke an
assignment, to pledge the policy for a loan, or to obtain from the
insurer a loan against the surrender value of the policy.
H. To exercise the election to take income tax deductions
or estate tax deductions wherever the law permits such an election,
in such manner as my Personal Representative, in his or her sole
discretion shall determine after taking into account the total tax
liability of the estate and the beneficiaries thereto. There shall
be no reimbursement or adjustment of the account of the estate
either as to income or principal or otherwise, or of the shares of
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beneficiaries in income or principal, by reason of the exercise of
that election by my Personal Representative; and such election
shall be conclusive and binding upon all parties. I exonerate my
Personal Representative from all liability for any such election
and direct that no beneficiary shall have any claim against him or
her or my estate for the exercise of my Personal Representative's
judgment in this respect.
I. without duty to give or obtain consideration therefore,
to join with my spouse or my spouse's estate in the filing of any
Federal income tax return for any year for which I have not filed
such return prior to my death, and consent to any gifts made by my
spouse as being made half by me for the purposes of the Federal
gift tax law, even though such action may result in additional
liabilities for my estate; and any income and gift taxes due on
such returns, and any deficiencies, interest or penalties thereon
shall be allocated between my estate and my spouse or my spouse's
estate or all to any of them, in such manner as my Personal
Representative, in his or her sole discretion, shall deem equitable
and proper.
J. To allocate the Generation Skipping Transfer Exemption,
as that term is defined in the Code, to any property as to which
I am the transferor, including any property transferred by me
during my life as to which I did not make an allocation prior to
my death, in such manner as the Tru~~{a of the MORROW FAMILY
REVOCABLE LIVING TRUST, dated the ~ n day of M~ '
1991, in the Trustee's sole discretion, shall determine after
taking into account the total tax liability of my estate and the
beneficiaries thereof; provided, however, such allocation shall be
made in accordance with section 2653 of the Code. There shall be
no reimbursement or adjustment of the shares of beneficiaries in
income or principal by reason of the allocation by my Personal
Representative, and such allocation shall be conclusive and binding
upon all parties.
K. To do every other act or thing necessary or appropriate
for the complete and final administration of my estate and
distribution of the property of my estate to the beneficiaries and
the ~ :~stee of the MO~WAMILY REVOCABLE LIVING TRUST, dated the
_~ day of _' _ , 1991.
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ARTICLE VIII: DEFINITIONS
Whenever used in this Will, unless the context of any passage
requires otherwise:
A. The term "Personal Representative" includes executor(s),
executrix(ex), administrator(s), and administratrix(ex), as well
as all their substitutes, alternatives and successors.
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B. The term "tangible personal property" means any personal
property of a tangible nature other than (i) money or its
equivalent, in hand or on deposit, (ii) bearer securities or
evidence of indebtedness, ( i i i) any 1 i fe, health, or accident
insurance policies, and (iv) personal property used in the
operation of a trade or business or subject to a rental agreement
or being offered for rent as of the date of my death.
C. The term "income" shall be as determined in accordance
wi th the laws of the state of Florida as they now exist or as
hereafter amended; provided, however, that income beneficiaries
shall not be entitled to any additional income pursuant to the
provisions of section 738.12 of the Florida Statutes, as amended.
D. The term "survive me" is construed to mean that the
person referred to must survive me by sixty (60) days. If the
person referred to dies within sixty (60) days of my death,
reference to him shall be construed as if he had failed to survive
me.
E. The term "my spouse" means my wife, GERALDINE R. MORROW.
F. The term "children" shall mean my descendants of the
first degree.
G. The terms "lineal descendants" or "issue" shall include
my descendants of any generation, and includes persons conceived
but not born as of the date of my death.
H. Legally adopted children shall be deemed to be natural
born children of their adoptive parents, and the terms of kinship
or descent used herein shall be construed accordingly.
I. The term "Code" shall refer to the Internal Revenue Code
of 1986, as amended.
ARTICLE IX: CONSTRUCTION OF WILL
A. The headings and subheadings throughout this will are
used for convenience only and have no significance in the
interpretation of the body of this instrument, and I direct that
they be disregarded in construing the provisions of this Will.
B. Throughout this Will, unless the context
otherwise, the singular includes the plural, the plural
the singular, the masculine includes the feminine, and the
includes the masculine.
requires
includes
feminine
C. If any portion of this Last will and Testament is held
to be void or unenforceable, the balance of this Last will and
Testament shall nevertheless be carried into effect.
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IN WITNESS WHEREOF, I have subscribed my name, affixed my seal
and declared th~s instrument to be my Last Will and Testament
consisti~'Qf typewri ten pages, in Hernando County, Florida,
this ~ day of , 1991, in the presence of the
subscribi g witnesses whom have requested to become attesting
Witnesses hereto. ~. .
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P UL M. MORROW, Testator
The foregoing instrument was signed, sealed, published and
declared by PAUL M. MORROW, as Testator, as his Last Will and
Testament in the presence of us, the undersigned, who, at his
request and in his presence and in the presence of each other, have
subscribed our na~. as witnesses er the Testator has signed his
name, this fi= day of , 1991.
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STATE OF FLORIDA
COUNTY OF HERNANDO
" I W\" PAUL MI~~OW' the Testator, and ~s _\~II.l\"WlS ,
~ MM.. bID~ , and PnJ ~ VAJ;i'At--ffl.<; ,
the witnesses, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
officer that the Testator, in the presence of witnesses, signed the
instrument as his Last Will and Testament, that he signed
voluntarily and that each of the witnesses, in the presence of the
Testator and in the presence of each other, signed the Will as a
witness and that to the best of the knowledge of each
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witness the Testator was at the time 18 or more years of age, of
sound mind, and under no constraint or undue influence.
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PAUL M. MORRO , Testator
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Sworn to
Testator, and
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~ubscribed before me by PAUL M. MO~OW'I the
\ S " -, , f-It \ oj #\1 ~ LfAf-J, and
, the Witnesses, on this - day of
, 1991.
p PiJJj
Notary Public
My Commission Expires:
/~'.e;'''~ R. STEVEN Wr:liT I
\ t If)'.'n State of Florida .
~~l!h'~ Comm. f:xp Dee 1~:gg,.j
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