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HomeMy WebLinkAbout09-11-08DECEDENT'S ESTATE •-,-, r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVANIA n sue, ._-~ : ; -.-, r :=i ORPHANS' COURT DIVISION r? ` i '<~_ ~ ,. - - _ . ,_F ,. _ • ~~~ ESTATE OF KATHRYN KAUFHOLD ,DECEASED. _ ~ ~ _.a c.~ , ' ~_- _ .-. No. 21-07-0705 ~" ~" w ~-" PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Thomas S. Beckley, Esquire Supreme Court I.D. No.: 77040 Name of Law Firm: Beckley & Madden Address: 212 North Third Street, Harrisburg, Pennsylvania 17101 Telephone: (717) 233-7691 Fax: (7171233-3740 Form OC-O] rev. 10.13.06 Page 1 of 10 Estate of KATHRYN KAUFHOLD ,Deceased 1. Name(s) and address(es) of Petitioner(s): Dame: Jeffery Tinsman Address: 316 North Front Street Wormleysburg, PA 17043 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None. Is this the first accounting by this fiduciary? ..................... /© Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on July 13, 2007 ©/ Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on Julv 25.2007 Date of Will (if applicable): February 27, 2004 Date(s) of Codicil(s) (if applicable): None. Date of probate (if different from date Letters granted): Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes /0 No Dates of advertising of the grant of Letters: patriot-News: 7/28/07, 8/3/07, 8/10/07 Cumberland Law Journal: 8/3/07, 8/10/07, and 8/17/07 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of KATHRYN KAUFHOLD Deceased 3. Was decedent survived by a spouse? ............................. DYes ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes ~ No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): Not applicable. 6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes ^/ No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... Q Yes ~ No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? ...................... J Yes No ........ Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of KATHRYN KAUFHOLD Deceased Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address of Each Party in and Interest Jeffery and Elizabeth Tinsman Friends Personalty, real 316 North Front Street estate, 1/2 of Wormlesyburg, PA 17043 residuary Harrisburg Diocese Charity 1/2 of residuary P.O. Box 3651 Harrisburg, PA 17105 Form OC-01 rev. /0.13.06 Page 4 of 10 Estate of KATHRYN KAUFHOLD Name and Address of Each Party in Interest ~ Relationship and PA Attorney General's Office None. 207 North Office Building Harrisburg, PA 17120 Deceased Interest Oversees charitable gifts B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. None. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). Not applicable. D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. Not applicable. Farm OC-01 rev. 10.13.06 Page 5 of 10 Estate of KATHRYN KAUFHOLD Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? All known claims have been paid in DYes Yes full. ONo ~ No Yes ~ Yes ~No ~ No Yes ~ Yes ONo ONo Yes Q Yes ~No ~ No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ DYes ONo as amily exemption allowed? DYes / No Family exemption claimant's name and relationship: Name: Not applicable. Relationship: Form OC-OI rev. 10.13.06 Page 6 of 10 Estate of KATHRYN KAUFHOLD Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 10/7/07 12/10/07 105,000.00 2,612.69 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ................... 0 Yes ©/ No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ~ Yes ~ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of KATHRYN KAUFHOLD Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... 0 Yes ^/ No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. Received - $181.25 -interest on bond Received - $1,246.99 (adjustment of income taxes for 2006) B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. DYes 0 No 18. If a reserve is requested, state amount and purpose. Amount 6,783.22 Purpose: Costs as set forth in Account. If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ DYes ~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... Yes ~No As to real estate only? ........................................ DYes ©/ No Form OC-0] rev. /0.13.06 Page 8 of 10 Estate of KATHRYN KAUFHOLD Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distribuiee(s) Harrisburg Diocese Jeffery and Elizabeth Tinsman B. Principal: Proposed Distributee(s) Harrisburg Diocese Jeffery and Elizabeth Tinsman Amount/Proportion One-half One-half Amount/Proportion One-half One-half Submitted By: (All petitioners must sign. Add additional lines if necessary): Jeffery Tinsman ~~ _ Name of Petitio er: i Name of Petitioner: Form OC-O] rev. 10.13.06 Page 9 of 10 Estate of KATHRYN KAUFHOLD Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heisne is Deceased of the above-named name of corporation and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Jeffery Tinsman Signature of Petiti * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. c-.._- Thomas S. Beckley, Esquire Signature of Counsel for Petitioner Form OC-0! rev. 10.13.06 Page 10 of 10 BECKLEY ~L MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH THIRD STREET POST OFFICE BO% 11888 HARRISBURG, PENNSYLVANIA 17108-1998 PHONE: 17171 233-7691 FAX: 17171 233-3740 E-MAIL: ~IeC~Cy@pa.net September 9, 2008 John L. Dowling, Deputy Attorney General Office of the Attorney General Charitable Trust and Organizations Section 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17120 RE: Estate of Kathryn Kaufhold, deceased Dear John: FILE NO. 41191 This letter will advise you, as required by law, that the First and Final Accounting of Jeffery Tinsman, the Executor for the above-referenced Estate, has been filed for Audit with the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. The Account, which includes a Schedule of Proposed Distribution, will be presented for audit, confirmation, and distribution on October 14, 2008, at 9:00 a.m., at the Office of the Court Administrator, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17103, Pennsylvania. Copies of the Account and Petition are enclosed for your information. If you have no objections to the Account or the matters set forth within the Account or Petition, no action is required. However, if you have any objections to the transactions shown in the Account, or omitted from the Account, or to any matters set forth in the Petition, you must file with the Clerk of the Orphans' Court Division, prior to 9:00 a.m., October 7, 2008, and in writing, objections thereto in conformity with the Cumberland County Orphans' Court Division Rules. In the absence of timely objections, the Court will assume that you have no objections to the Account and your right to object will be waived. In order to assist your office in its review, the following is a breakdown of how we apportioned the tax liability between Jeff and Elizabeth Tinsman and the Diocese. 1. First, we calculated the value of the specific gifts and the tax imposed on them. The monetary gifts totaled $12,000.00, the house was valued at $136,160.00, and the personal property was appraised for $1,918.00. Therefore, the total value of Ms. Kaufhold's specific gifts was $150,078.00. 2. Next, we determined the tax paid on the specific gifts. The tax rate is BE CKLEY ~ MADDE N John L. Dowling, Deputy Attorney General September 9, 2008 Page Two 15% which means the Estate paid $22,511.70 of inheritance tax on the specific gifts (15% of $150,078.00 is $22,511.70). We treated this tax as an administration expense (i.e., paid before calculating the residuary). 3. The total inheritance tax paid was $107,612.69. The tax on the specific gifts was $22,511.70. This means that the tax on the residuary was the difference between those two numbers, or $85,100.99. This is the amount ($85,100.99) which is apportioned against the Tinsman's share of the residuary. We did not apportion any amount of the tax on the residuary against the Diocese. 4. As the account showed, the residuary estate was $1,067,027.80. One- half of this is $533,513.90. 5. From this amount ($533,513.90) we apportioned the inheritance tax on the residuary gift ($85,100.99) against the Tinsman's share. In order to do this, we subtracted one-half of the tax from the Tinsman's share, and added the other half to the Diocese's share. Similarly, we added the other half of the inheritance tax to the Diocese's share ($533,513.90 + $42,550.50) to arrive at a total of $576,064.40. The difference between the two figures is $85,100.99 which is the amount of tax we apportioned against the Tinsman's share. We then divided the Diocese's share equally between the two schools (see page 8 of the Account). The Diocese is represented by Terrence J. Kerwin, Kerwin & Kerwin, 27 North Front Street, Harrisburg, Pennsylvania 17101 (717) 238-4765. If you have any questions, please do not hesitate to contact our office. Very truly yours, Enclosure Cc: Jeffery Tinsman BECKLEY & MADDEN C---~-- .. Thomas S. Beckley BECKLEY~ MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH THIRD STREET POST OFFICE BO% 11998 HARRISBURG, PIJNNSYLVANIA 17108-1998 PHONE: 1717) 233-7691 FAX: 17171 233-3740 E-nsAiL: beCkley@pa.net September 9, 2008 Diocese of Harrisburg P.O. Box 3651 Harrisburg, PA 17105 RE: Estate of Kathryn Kaufhold, deceased Dear Sir/Madam: FIi.F wo. 41191 This letter will advise you, as required by law, that the First and Final Accounting of Jeffery Tinsman, the Executor for the above-referenced Estate, has been filed for Audit with the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. The Account, which includes a Schedule of Proposed Distribution, will be presented for audit, confirmation, and distribution on October 14, 2008, at 9:00 a.m., at the Office of the Court Administrator, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17103, Pennsylvania. Copies of the Account and Petition are enclosed for your information. If you have no objections to the Account or the matters set forth within the Account or Petition, no action is required. However, if you have any objections to the transactions shown in the Account, or omitted from the Account, or to any matters set forth in the Petition, you must file with the Clerk of the Orphans' Court Division, prior to 9:00 a.m., October 7, 2008, and in writing, objections thereto in conformity with the Cumberland County Orphans' Court Division Rules. In the absence of timely objections, the Court will assume that you have no objections to the Account and your right to object will be waived. If you have any questions, please do not hesitate to contact our office. Very truly yours, BECKLEY & MADDEN ~; ~--~: ~~~-, . // RyN Thomas S. Beckley Enclosure Cc: Terrence J. Kerwin, Esquire (w/encl.) BECKLEY& MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH THZItn STREET POST OFFICE BO% 11998 HARRISBURG, PENNSYLVANIA 17108-1998 PHONE: f7171 233-7691 FA%: 17171 233-3740 E-MAIL: bECICIC~EIfl.IIEt September 9, 2008 Jeffery Tinsman Elizabeth Tinsman 316 North Front Street Wormleysburg, PA 17043 RE: Estate of Kathryn Kaufhold, deceased Dear Sir/Madam: FILE iVO. 41191 This letter will advise you, as required by law, that the First and Final Accounting of Jeffery Tinsman, the Executor for the above-referenced Estate, has been filed for Audit with the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. The Account, which includes a Schedule of Proposed Distribution, will be presented for audit, confirmation, and distribution on October 14, 2008, at 9:00 a.m., at the Office of the Court Administrator, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17103, Pennsylvania. Copies of the Account and Petition are enclosed for your information. If you have no objections to the Account or the matters set forth within the Account or Petition, no action is required. However, if you have any objections to the transactions shown in the Account, or omitted from the Account, or to any matters set forth in the Petition, you must file with the Clerk of the Orphans' Court Division, prior to 9:00 a.m., October 7, 2008, and in writing, objections thereto in conformity with the Cumberland County Orphans' Court Division Rules. In the absence of timely objections, the Court will assume that you have no objections to the Account and your right to object will be waived. If you have any questions, please do not hesitate to contact our office. Very truly yours, BECKLEY & MADDEN `°~"~6-~__--~-mss ~~~ Thomas S. Beckley Enclosure " ~' ~ F~ a ~su~SBi31~G;~ PE3Q1~T8 ~ YA~iTLA 17108-1998 -~~., ' LAST WILL AND TESTAMENT OF KATHRYN M. KAUFHOLD I, KATHRYN M. KAUFHOLD, a resident of Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wilis and Codicils by me at any time made. ITEM I: TAXES. I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any prop- erty, shall be paid by my Executor out of the property passing under this Will, which is not spe- cifically bequeathed or devised, as an expense and cost of administration of my Estate. My Ex- ecutor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Ex- ecutor, even though on proceeds of insurance or other property not passing under this Will. ITEM II: POWERS OF APPOINTMENT. I hereby exercise all powers of appoint- ment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my Estate. ITEM III. SPECIFIC BEQUESTS. I hereby make the following specific bequests: (a) ONE THOUSAND DOLLARS ($1,000) to the PASTOR OF ST. PATRICK'S CATHEDRAL in Harrisburg, Pennsylvania; (b) TEN THOUSAND DOLLARS ($10,000) to EDMUND MADDEN of Fort Washington, Maryland; ~. Page 1 of 4 Pages ~ ~~~ . (c} ONE THOUSAND DOLLARS ($1000) to ELIZABETH MILLER of New Cumberland, Pennsylvania. (d) My residence, located at 318 North Front Street, Wormleysburg, Pennsyl- vania {17043), to my neighbors, JEFFREY AND ELIZABETH TINSMAN, who, at the writing of this Will, reside at 316 North Front Street, Wormleysburg:;Pennsylvana; or the survivor of them; and (e) All of my household furniture and furnishings, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other articles of house- hold or personal use and adornment not otherwise disposed of herein to my neighbors, JEFFREY AND ELIZABETH TINSMAN, or the survivor of them; and ITEM IV: RESIDUAL ESTATE. I give, devise and bequeath all of the rest, residue and remainder of my Estate as follows: (a) FIFTY PER CENTUM (50%) to my neighbors, JEFFREY AND ELIZABETH TINSMAN or the survivor of them; (b) TWENTY-FIVE PER CENTUM (25%) to the DIOCESE OF HARRISBURG to be used by the Diocese through its Secretary for Education for BISHOP McDEVITT HIGH SCHOOL; and Page 2 of 4 Pages `'~ f /)-~ . (c) TWENTY-FIVE PER CENTUM (25%) to the DIOCESE OF HARRISBURG to be used by the Diocese through its Secretary for Education for the CATHEDRAL SCHOOL. ITEM V: EXECUTOR'S POWERS. In the settlement of my _ Estate, my Executor shall possess, among others, the following powers: (a) To sell, either at public or private sale and upon such terms and conditions as my Executormay deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me separately or in conjunction with other persons or acquired after my death by my Executor and to consummate said sale or sales by sufficient deeds or other instru- ments to the purchaser or purchasers, conveying a fee simple title, free and clear of ali trust and without liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the valid- ity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in connection with the ad- ministration of my Estate. (c) To distribute my Estate in kind or in money. In the event assets are dis- tributed in kind, such assets shall be distributed at their value(s) on the Page 3 of 4 Pages J i ~~~ ; respective date(s) of their distribution. (d) To do all other acts in the judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VI: SIIVIULTANEOUS DEATH. Any person who shall have died at the same time as me or in a common, disaster with me or under such circumstances that it is difficult or impossible to deternune who died first, shall be deemed to have predeceased me. ITEM VII: EXECUTOR. I hereby nominate, constitute and appoint JEFFREY TINSMAN, of 316 North Front Street, Wormleysburg, Pennsylvania, to be my Executor. Because I have made them familiar with my affairs, I request, but do not require, that my Executor retain the services of the law firm of Beckley & Madden, having offices in Harrisburg Pennsylvania, to represent my Estate and my Executor. My Executor specifically is relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREpF, I have hereunto set my hand and seal to this, my last Will and Testament, consisting of this and the preceding three (3) pages, at the end of each page of which I have also set my initials for greater security and better identification this February, 2004. ~~~ day of Page 4 of 4 Pages _ .,~, ~-~!~~~ --~----- > (SEAL) Kathryn M. Kaufliold r . J~ ~ (- 1 We, the undersigned, hereby certify that the foregoing Will was si and declared by the above-named Testatrix; as and for her Last Will and Tgnesdtament int he 1Sresd ence of us who, at her request and in her presence and in the presence of each other, have here- unto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. i~ ,,. ~ ~ ~ (SEAL) Residing at ~` ; /~,/ ,~j ~~1~~, ~~ I v (SEAL) i/ ~~.~ (SEAL) Residing at ~' ' ~ , _ ~`1 1 !f d .1 Residing at yf~ ~; ~J^ kJ- ;~ _ 7/ ; ~, f ! ~ '. ;AFFIDAVI'T'' COMMONWEALTH OF PENNSYLVANIA SS: CQUi~ITy OF DAUPHIN We, the undersigned Testatrix and Witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and declare to the undersigned authority that: 1 • The Testatrix signed and executed the instrument as the Testatrix's Last Will and Testament. 2• The ..Testatrix signed and executed the will willingly as the Testatrix's: free and' voluntary act for the purposes therein expressed. 3. Each of the Witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness. 4 time 18 years of age or older, of sound mind and under no constraint or undue influence. ~h ("Witness") sir-''L~~ (s`Witriess") Sworn or affirmed ;and subscribed to before me by the above ed Testatrix ;and Witnesses, this ~~y of February, 2004. /~~ i'!lHFtY `~ .13R~/IS; f~otary F'ubfic City of. Harrisburg, Qauphin aunty 'y CommisaiorE Ext3ires iU~~y ~~, ~6 Notary Public (SEAL).. -~ To the best of the knowledge of each of the undersigned, the Testatrix was at the ..4,;.