HomeMy WebLinkAbout11-20-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND CbUNTY, PENNSYLVANIA
Estate of Arland H Wagonhurst
also known as
Deceased
File Number 21 - 09 - ~ 085
Social Security Number 193-12-5951
-„~ ah- _1.Fr~e
C
Petitioner(s), who isla~e 18 years of age or older, apply(ies) for:
(COMPLETE A' or 53' BELOW.)
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtOr named in the
last Will of the Decedent dated 09/22!2005 and codicil(e'I dated 10I10I2006
(State 2levant circumstances, e.g., renunciation, death or 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:
B. Grant of Letters of Administration
ap rca e, en er. c..a.; ..n.c..a.; en a e; uran e a sen ra; uran mrnon a e
Petitioner{s) after a proper search has !have ascertained that Decedent Veft no Will and was survived by the following spouse (if any) and heirs: (/f
Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.)
Decedent, then $7 years of age, died on 10/30/2009 at Sarah Todd Memorial Home
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) $ Unknown
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
Ail personal property
Personal property in Pennsylvania
Personal property in County
situated as follows: 110 Union Hall Road, Carlisle, PA 17013
g 300,000.00
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:
Form Rev. 10.13-2006
ignature Typed or printed name and residence
- -
t Jeffrey A. Wagonhurst, Sr. 8620 Cross Chase Court
Fairfax S'(t~ation, VA 22039
/~C S U ~/Ct~u u.ltJ S ~~-'~'~'Q(-~~ ~1- , ~1~~6i~'~1'uarl
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1012 '° ': ,
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Q [~~ ~ F`'
Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal residence at _ q z V W
110 Union Hall Road, Carlisle, PA 17013 ~ ~ c p
(List street address, town/ciry, township, county, state, zip code) ~ N U
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
couNTY of Cumberland
The Petitioner( 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me this ~~ day of
1 U '~.J~ V V
Forth a ister
g Signature of Persona! Representative w
~~N ~,~-,
w~pWgw~O
OO~~UQ
File Number: 21 - 09 ~ ~ S Ca ~ [il ~ Z ~,
Estate of Arland H Wagonhurst ,Deceased ~ ~ z ~ ~ ~
~~o ~~
N U
SociAal~Security Number: ' (~ ~ `2_~q 5 ~ Date of Death: 10/30/2009
AND NOW, 1~V Y ~ Z~ 2odq , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Jeffrey A. Wagonhurst, Sr.
in the above estate
and that the instrument(s) dated 09/22/2005 10/10/2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(e~) of Decedent.
FEES
Letters ................................. ........... $
I
Register o/
Short Certificate(s) ............. ........... $ 40.00 C
Renunciation(s) .................. ........... $ 10.00 Attorney Signature:
$ Attorney Name: Richard E. Connell Esq.
Supreme Court I.D. No.: 21542
Ball, Murren 8~ Connell
$ Address: 2303 Market Street
$
$ Camp Hill, PA 17011
$ Telephone: 717/232-8731
TOTAL ........................... ......... $
Form RW-02 Rev. 10.13-2006 Copyright (c) 2008 form software only The Lackner Group, Inc. Page 2 of 2
105.805 REV f0110T
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 15932138
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
5 Records Office for permanent filing.
L~tixye! R~~~~~ OCT/ 3 12009
Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
CERTIFICATE OF DEATH
(See InstruMlons and examples on reverse) RTATF FII F NIIMRFR
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s p. na.1 INabed antler 1 IAar 1 e. Oar d 13tlh t. eM eme « ea Pre a l3rn Grce ar
87 ~"" °i" "'" ~` June 9, 1922 Eshbach, PA "°'P"r` °"'~
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RENUNCIATION
REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Arland H Wagonhurst
N N1z ~. I r6
,Deceased
in my capacitykaiaiier~sq+p-as
~D _ `X 1hL UT"b R of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
~~FfR~~ rr• ~~}~a~KtJkSTtSR
~c~y . ~ ~ , ZOO`S ~ ~ K . ~I
(Date) (Signature)
f~
1 (~ /"1 ~ C
\K ~ \ `_
(Street Address)
(City, State, Zip) ~ l ~V \
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
party executing this renunciation and certified
before me this day that he or she executed the renunc~n for the
of pur o es stated within on this ~._day . ~, SCy
' *'<~ U~~
of ~ ' ;~;~OTAgy tiN.
cn ~ cn
Deputy for Register of Wills to Public ~ ~ PUg~IG ~O~
y Co mission E Tres: ~'- ~? ~ ~ Q'
(Signature and seal of Notary or other ofricial qualdied to ~OF VO~O~
administer oaths. Show date of expiration of Notary's commission.)
RECORDED OFFICE OF
REGISTER OF WILLS
2009 NOVEMBER 20
CLERK OF
Form RW OB Rev. f0-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. ORPH.~NS' COURT
CUbIBERI.1ND CO., PA
LAST WILL AND TESTAMENT
OF
ARLAND H. WAGONHURST
KNOW ALL MEN BY THESE PRESENTS, that I, ARLAND H. WAGONHURST,
presently residing in Carlisle, Cumberland County, Pennsylvania, do hereby make, declare, and
publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils
heretofore made by me at any time.
PAYMENT OF EXPENSES
I. Payment of Expenses. I direct that my Co-Executors, hereinafter named, shall have the
power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral
expenses from my estate as soon after my decease as shall be found convenient.
GIFTS v ~ ~'" ~ o
w~pwgw~c~
II. A. Real Estate -Personal Residence. Q o ~ ~ ~ Q
My wife, D'ARCY CHARNEY and I have been residing in my home at 110 9 ~ Z ~
Union Hall Road, Carlisle, Pennsylvania. If I die before her, I want to assure that 0 ~ c o
D'ARCY has a reasonable amount of time to purchase my 110 Union Hall Road ~ ~ N ~
property from my estate if she exercises the option provided for herein.
During the six (6) month period following my death, D'ARCY may, at her
option, notify my Co-Executors in writing that she wishes to purchase the 110
Union I-Iall Road property. If she exercises tr~is option within the time allotted, she
will purchase the premises "AS IS" without contingencies, for fair market value as
that value is determined by a certified real estate appraiser doing business in central
Pennsylvania (the appraisal cost to be split equally between D'Arcy and my estate)
but less the value added, by her, to the property when the first floor master bedroom
addition to my property was made (the total cost of thatrddition when made being
$74,000 in 2002) and with that reduction calculated as described in a sepazate
Amendment to Pre-Nuptial Agreement executed on Mazch 15, 2003. If she
exercises the option, settlement must occur no later than seven (7) months after my
death unless my Co-Executors consent, in writing, to an extension.
Transfer taxes are to be equally shared between D'ARCY and my estate and
normal pro-rations for real estate taxes and utilities shall apply.
-1
The option to purchase above-granted is personal to D'ARCY. Should she
exercise the option but pass away before settlement, the purchase shall not be
assignable or transferable to her estate, her heirs or any third person.
If D'ARCY fails to provide written notice to timely exercise the above-granted
option, fails to settle within the time provided above, or provides a written waiver
of the option to my Co-Executors, then, under those circumstances, my Co-
Executors shall be empowered to sell the property to a third party subject however
to the following:
D'ARCY shall have up to twelve (12) months following the date of my
death to use the premises at 110 Union Hall Road, Carlisle, Pennsylvania, as
her principal residence. If D'ARCY wishes to reside in the said premises
beyond the seven (7) month anniversary of my death, she shall, at least one
month prior to the said anniversary, contact the Co-Executors of my estate
or the successor thereof, to advise them that she shall extend her residency
to a date not more than one (1) year after my death.
My Co-Executors shall, during any tenancy period following my death
and while D'ARCY remains in residence as a tenant (including the time
until she completes purchase of the property if she exercises the option), pay
the expenses of maintaining my Union Hall Road property as an expense of
the estate. The expenses of maintaining the residence shall include payment
of property taxes, municipal assessments, hazard and liability insurance for
the premises (but not for D'ARCY's personal property), ordinary repairs,
snow and ice removal, grass cutting, garden maintenance and other
expenses. During the tenancy, the payment of utilities or the purchase of
appliances shall be D'ARCY's responsibility.
Nothing in this Paragraph is intended, in any way, to limit the authority of my
Co-Executors to take possession of and dispose of my personal and household
effects as provided in paragraph II. C., of my Will, even if such possession and
disposition includes items owned by me but routinely used by D'ARCY and me
while we shared my real property. Not to be included as items which the Co-
Executors take are any items jointly purchased by D'ARCY and me, especially the
furnishings in the first floor master bedroom.
B. Specific Bequests.
1. I give to my wife, D'ARCY, the sum of Ten Thousand ($10,000.00) Dollars if
she survives me.
2. I give to Allison United Methodist Church (99 Mooreland Avenue, Carlisle
(Cumberland County) Pennsylvania) for deposit to the Karen Layman Memorial
Fund the sum of Ten Thousand ($10,000.00) Dollars.
~4.~0 ~fcuo~~~ r
3. I give to the Greater Harrisburg Foundation (200 North Third Street,
Harrisburg (Dauphin County) Pennsylvania) for deposit into the "Peggy
Wagonhurst Chazacter Recognition Fund" the sum of Ten Thousand ($10,000.00)
Dollazs.
4. I give to The Army Heritage Center Foundation, 950 Soldiers' Drive, P.O. Box
839, Cazlisle, PA 17013, the sum of Five Thousand ($5,000.00) Dollazs.
5. I give to each of my grandchildren who survive me, JEFFREY
WAGONHURST, JR., NICHOLAS WAGONHURST, AND GRETCHEN
WAGONHURST HINTZ, the sum of Five Thousand ($5,000.00) Dollazs.
C. Personal and Household Effects.
I bequeath my automobiles, household and personal effects (some of which I
have identified in a separate inventory which can be referred to by my Co-
Executors) and other tangible personalty of like nature (not including cash or
securities), together with'any existi'ng~iri~urance thereon, to such of my children as
aze living on the thirty-first day after my death, to be divided among them in as
nearly equal shares as practical.
I may leave a separate memorandum listing certain items of personal property
and expressing my wishes for disposition of those items. While not binding upon
my Co-Executors, I ask that, to the extent practical, my wishes be honored.
III. Residuar Ems. I give, devise and bequeath the rest, residue and remainder of my
estate, whether real, personal or mixed, any of any nature whatsoever and wherever situated to
my children, in equal shares. If any of my children should predecease me or die prior to the
distribution of his/her shaze, said child's share shall be paid to his/her then living issue, if any,
per stirpes. As to my children, JEFFREY WAGONHURST, or CAROLS R. WAGONHURST,
if they leave no issue who would inherit as set forth above, such shaze, should they predecease
me or die prior to the distribution of the property; shall be added to the shares of my other
children. As to my daughter, DIANNE K. MONZA, if she leaves no issue, then her shaze is to
be divided with one-half to her husband, VINCENT MONZA, if at the date of her death they
were married and living together as husband and wife, and one-half to my other surviving
children, per stirpes. If, at my daughter, (DIANNE's) death, she is not still married to and living
with VINCENT MONZA, then her share, if she has predeceased me, is to be added to the shares
of my other children.
I have made no provision other than in~Pazagraph II.B.1. for my wife, D'ARCY, as she
and I executed a Prenuptial Agreement on July 30, 1999 and thereafter amended on March 15,
2003.
IV. Powers of Appointment. No provision of this Will shall exercise any power of
appointment I may have.
FIDUCIARIES
V. Co-Executors. I hereby nominate, constitute and appoint my children, JEFFREY
WAGONHURST, DIANNE K. MONZA, and CAROLE R. WAGONHURST, as Co-Executors
of this my Last Will and Testament. In the event that any of them should predecease me, or
decline the appointment, the others shall serve as Co-Executors, and if two are unable or
unwilling to serve, the remaining child shall serve alone.
VI. Bond. No Executor (Co-Executor) appointed in this Will shall be required to give bond
or enter security for the performance of their duties.
ADMINISTRATIVE PROVISIONS
VII. Manag`ment Provisions. My Co-Executors shall have, in addition to the powers and
authority conferred upon them by law, the following additional powers and authority:
A. Se11JLease: To sell at public or private sale, exchange, lease, mortgage or
pledge any property, real or personal, at any time constituting a portion of my
estate, and upon such terms and conditions as they shall deem wise subject,
however, to the restrictions set forth in Pazagraph II. A. hereof.
B. Invest: To invest any money at any time in such bonds, stocks, notes, real
estate, mortgages, life insurance, annuities or other securities, or such property, real
or personal, as my Co-Executors shall deem wise, without being limited by any
statute or rule of law regarding investments by a Fiduciazy.
C. Retain: To retain, without incurring any liability, as investments, any property
owned by me at the time of my death, as long as they deem it wise, and even though
such property is not the kind of property an Executor would purchase as an
investment; and even though to retain such property might violate sound
diversification principles.
D. Title to Property: To cause any security or other property which may at any
time constitute a portion of my estate tq,be issued, held or registered in the Co-
Executors' names, or in the names of a nominee, or in such form that title will pass
by delivery.
E. Expenses of Estate: To pay all costs, taxes, charges and expenses in
connection with the administration of my estate.
F. Allocate: To determine what is "Income" and what is "Principal" hereunder,
and their decision thereon shall be final; and to purchase securities at a premium or
discount, and to apply or charge said premium or discount against income or
principal as the Co-Executors may determine.
G. Borrow: To borrow money from zany person, firm or corporation, for the
purpose of protecting and preserving or improving my estate hereunder; to execute
promissory notes or other obligations for amounts so borrowed.
...
-4-
H. EmP1oX: To employ legal counsel, accountants, brokers, investment advisors,
custodians, managers and other agents and employees and to pay them reasonable
compensation out of the funds held hereunder to which said compensation is
attributable.
I. Other: To do all other acts in the Co-Executors' judgment necessary or
desirable for the proper and advantageous management, investment and distribution
of my estate created.
VIII. Protective Provision. To the greatest extent permitted by law, before actual payment to a
beneficiary no interest in income or principal shall be (i) assignable to a beneficiary or (ii)
available to anyone having a claim against a beneficiary.
IX. Death Taxes. I direct that all transfer and inheritance taxes, state or federal, assessed
because of my death, whether the funds, property or insurance proceeds to which such taxes are
attributable pass under this will or not, shall be paid out of my residuary estate; that my Co-
Executors pay, or provide for payment of all such taxes at such time, or times, and in such
manner as my Co-Executors deem best.
X. Tax Options. I authorize my Co-Executors to exercise any options available in
determining and paying death taxes in my estate.
IN WITNESS WHEREOF, I, ARLAND H. WAGONHURST, the Testator to this, my Last
Will and Testament, typewritten on five (5) sheets of paper which I have identified. at the bottom
of each page by my signature, hereunto set my hand and seal the ~,,.,i,.,..day of S,C~,~,a+~. ,
2005.
~- (SEAL)
D . W ONHURST
The preceding instrument consisting of five (5) typewritten pages, each identified by the
signature of the Testator, ARLAND H. WAGONHURST, was on this day and date thereof
signed, published and declared by ARLAND H. WAGONHURST, the Testator therein named,
as and for his Last Will, in the presence of us, who at his request, in his presence, and in the
presence of each other have subscribed our names as witnesses.
-5-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
We, ~mts T. MaCse/ ,and o~%l~e Lloyd ,
and ~'cha~ E. Co~~tll ,the witnesses whose names aze signed to the
attached or foregoing instrument, being duly qualified according to law, do depose and
say that we were present and saw ARLAND H. WAGONHURST sign and execute the
instrument as his Last Will; that he signed willingly and that he executed it as his 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 the best of our knowledge, the
Testator was at that time eighteen or more years of age, of sound mind and under no
constraint or undue influence.
Of A
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Sworn or affirmed to and subscribed to before me by T.reS ~ /~°'~l ,
and o?and~ lee Ll~~d ,and ~,a/iarr/ ~. ~onAell ,witnesses
this a~ ~ day of ~idern bw' , 2005.
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COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
I, ARLAND H. WAGONHURST, 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.
ARLAND H. A ST
Sworn or affirmed to and acknowledged be re me, by ARLAND H.
WAGONHURST, the Testator, this a~~ day of ~ , 2005.
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CODICIL
TO THE WILL OF
ARLAND H.WAGONHURST
I, ARLAND H. WAGONHURST, having made my Last Will and Testament dated
September 22, 2005, do hereby make, publish and declare this to be a Codicil to my said Last
VE'ill a~~d Testanent.
1. I hereby amend Paragraph III. of my Last Will and Testament dated
September 22, 2005 by deleting the language set forth therein and substituting in its
place the following:
a. During my lifetime, I advanced the sum of Forty-Five
Thousand ($45,000.00) Dollars to my daughter, CAROLS R.
WAGONHURST, as an advancement against her inheritance under
my Last Will and Testament. Therefore, before any other division
of my residuary estate as set forth below, I hereby direct that the
first Ninety Thousand ($90,000.00) Dollars of my residuary estate
shall be divided equally between my other children, JEFFREY and
DIANNE and shall be paid at the earliest practicable date after the
formal appointment of the Co-Executors. If JEFFREY has
predeceased me, the $45,000 share allotted to him shall be divided
equally among his wife, SUSAN, and his children, GRETCHEN,
JEFFREY, JR., and NICHOLAS. If DIANNE has predeceased
me, her share shall be divided equally among her living issue, per
stirpes. If DIANNE leaves no issue, one-half of the Forty-Five
Thousand ($45,000.00) Dollars, which would have been payable to
her, shall be paid to her husband, VINCENT' MON?A, if, at the
date of her death they were married and living tog;°ther as husband
and wife, and the other one-half shall be disposed of as part of the
residue under Paragraph III. b. of my Will as set forth below.
b. I give, devise and bequeath the rest, residue and remainder of
my estate, whether real, personal or mixed, any of any nature
whatsoever and wherever situated to my children, in equal shares.
If my son, JEFFREY, should predecease :ne, his share shall be
divided equally among his wife, SUSAN. and his children,
GRETCHEN, JEFFREY, JR., and NICHOLAS. If my daughter,
CAROLS, should predecease me, her share shall be paid to her
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then living issue, if any, per stirpes but, in default thereof, the share
shall be added to the shares of my other children. If my daughter,
DIANNE K. MONZA, predeceases me, her share shall be paid to
her issue, per stirpes but, in default thereof her share is to be
divided with one-half to her husband, VINCENT MONZA, if at
the date of her death they were married and living together as
husband and wife, and one-half equally to my other surviving
children, per stirpes.
c. If, at my daughter, (DIANNE's) death, she is not still married
to and living with VINCENT MONZA, then her entire share, if she
has predeceased me, is to be added to the shares of my other
children.
I have made no provision other than in Paragraph II.B.1. for my wife,
D'ARCY, as she and I executed a Prenuptial Agreement on July 30, 1999 and
thereafter amended on March 15, 2003.
2. In all other respects, I hereby ratify, confirm and republish my Last Will and
Testament dated September 22, 2005 together with this Codicil as and for my Last
Will and Testament.
IlV' WITNESS WHEREOF, I, ARLAND H. WAGONHURST, the Testator to this
Codicil to my Last Will and Testament, typewritten on two (2) sheets of paper which I have
identified at the bottom of each page by my signature, hereunto set my hand and seal
this 1®~ day of ~~be,r , 2006.
(SEAL)
ARLAND H. AG HURS
The »receding instrument consisting of this and one (1l ether typewritten page, each
identified by the signature of the Testator, ARLAND H. WAGO~_~1HURST, was on this day and
date thereof signed, published and declared by ARLAND H. WAGONHURST, the Testator
therein named, as and for the Codicil to his Last Will and Testament, in the presence of us, who
at his request, in his presence, and in the presence of each other have subscribed our names as
witnesses.
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
I, ARLAND H. WAGONHURST, 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 the Codicil to my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
ARLA A URST
Sworn or affirmed to and acknowledged before me, by ARLAND H.
WAGONHURST, the Testator, this ~a'~"-- day of ~~~ , 2006.
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Notary Public
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
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We_ ._~ames .~ /"/a,~'f~°/ ,and 6t"i'c6ianr/ ~ ~ynne//
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 ARLAND H.
WAGONHURST sign and execute the instrument as the Codicil to his Last Will and
Testament; that he signed willingly and that he executed it as his free and voluntary act
for the purposes therein expressed; that each of us, in the hearing and sight of the Testator
signed the Codicil as witnesses; and that to the best of our knowledge, the Testator was at
that time eighteen or more years of age, of sound mind and under no constraint or undue
influence.
Sworn or affi ed to and subscribed to before me by ~~~s ~ ~U Ksef ,
and /~ I ~hQ,~ ~ . ~annel/ witnesses this f d ~% day of ~t~,6et , 2006.
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