HomeMy WebLinkAbout08-23-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of Gust Robert Lcc
also known as
Deceased
COUNTY, PENNSYLVANIA
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File Number ~;1 ~--~ ~ (~~(~ ~?~~ ~ ~.~
Social Security Number 172-18-1751
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
®/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Betty E. Bennett
last Will of the Decedent dated 14 June X19- ~ b Gg' and codicil(s) dated 6 August 2008
named in the
(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:
B. Grant of Letters of Administration
(If applicable, enter: e.t.a.; d. b.n.c.t.a.; pendente liter 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, e.t.a. or d. b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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(COMPLETE IN ALL CASES) Attach additional sheets if necessary. ,.~ ~-~' _ 7
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resriCe`~dt •^' ~._
1319 North Pitt Street, Carlisle, North Middleton, Cumberland, PA 17013 -' ~ - =
(List street address, town/city, township, county, state, zip code) ---~ '; ; ~ ,~"'~i
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Decedent, then 90 years of age, died on 5 August 2010 at Carlisle Regional Medical Center, Carlisle, PA ~ '
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 6,675.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 0.00
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Coodicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Si nature Typed or printed name and residence
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Form RW-02 rev. 10.13.06 Page I of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumblcrland
SS
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 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 ~"~~ `'[~
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~ Signature of Personal Representative
before me the ~
_ day of
Signature of Personal Representative ,~.~ ~-~ ~ ,.;
For the Register Signature of Personal Representative ~ ~~ ~
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Estate of Gust Robert Lce
Social Security Number: Date of Death:
Deceased
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters
are hereby granted to
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will. (and Codicil(s)) of Decedent.
FEES
Letters ............... $ `~f ~ •~
Short Certificate(s) ........ $ ~.~-1.(`~
Renunciation(s) .......... $
U ~T ... $ I ~.~'~U
~~` ~ ~t.L, ... $ ~~ h,(
~~-~ u ...
$ ~-~ . ~ ~
... $
... $
... $
... $
... $
TOTAL .............. $
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in the above estate
Re ~ster of W' is
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Attorney Signature: ~ 'V~ ~~~ />
Attorney Name: eJd~ ~.; h-/ , ~ ~ D c..~ ~ a S
Supreme Court I.D. No.: ~ ~ lc ~~
Address: ~ ~~ ~~~ ~,r ~ l` S~Z~"
C~~R~~s ~G ~'~ )70l~
Telephone: 71 7 ` v? ~ 3 ` ~.5 7 7
Form RW-O2 rev. 10.13.06 Page 2 of 2
OCAL REGISTRAR'S C;ERTlFICATION OF DEATH
V~'~-C~NING; It is illegal to duplicate this copy by photostat or photograph.
7
H105-143 REV 11/2006
TYPE /PRINT IN
PERMANENT
BLACK INK
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,a' ti ~ ~ ~ "\ cf)rrL~c~tl~' ct)pied I~r1.~(» aii Original Cer~~tificate of~ Death
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~;~`~~~~_•~~ ~ ~~, ~~~, c~~ily f-filed ~~,~ith ))~e ,(;; L.c)cal Registrar. The original
'~t~ ',z" ~~~)tafil~ct~~~ t~,-ill 3~e t~r•~,~arded to the State 0%ital
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) _____ _.. _ .....
1. Name of Decedent (FrsL middle, IasC suffix) 2. Sex 3. Social Security Number - 4. Date of Death (Month, day, year)
Gust Robert Lee Male 172 - 18 - 1751 Au st 5, 2010
5. Age (Last Birthday) Under 1 ar Under 1 6. Date o1 Birth Month, da , r 7. Bin ce Ci and slate or forei coon 6a. Place of Death Check onl one
Months Deys Fioura Minutes Hospital: Other:
vrs. 6/26/ 1920 Patton, PA Inpatient ^ ER /Outpatient ^ DOA ^ Nursing Home ^ Residence ^ Other -Specify:
ab. County of Death
• tic. City, Boro, Twp. of Death fid. Fecnity Name (If not institution, give street aM number) 9. Wes Decedent of Hispanic Odgln7 ~~ ^ yes 10. Race: American Indian, Black, White, etc.
C>.unberland
outh Middleton 'Itiap
Carlisle Regional Medical Center Qf yes, specify Cuban,
Mexican, Puerto Rican, ek.)
its
• 11. Decedent's Usual Occ lion Kind of work done d ud rtast of world life. Do not state reti 12. Was Decedent ever in the 13. Decedents Educatbn (Specify Dory highest grade comp leted) 14
Marital Status: Married
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d 15
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S
Khd of Work
enior Master Serg
KiM of Business/Industry
t US Air Force
U.S. Amted Fomes?
L~ yes ^ No
Elements !Secondary (0-12)
1~
Cotlege (1.4 or 5+) .
,
ever
arr
e
,
Wb0"'~~ Divorced (Speci/yJ
Widowed .
urv
v
ng
pouse (If wife, give maiden name)
-
• 16. Decedent's Mailing Address (Street, city /town, state, zip code) DecedenYS PA Did Decedent
1319 N . Pitt St . Actual Residence 17e. State Live in a 17c. ^ Yes, Decedent Lived in Twp.
Carlisle
PA 17013 Township?
17b. Coon Cumberland 17d. ®No, Decedent Lived within
Carlisle
ty
, Actual Limits of
coy/BOro
18. Fathers Name (First, middle, last, suffix) 19. Mothers Name (Flret, middle, maiden surname)
Gust J. Lee Melanie - Lacounte
20a. Informant's Name (Type /Print) 20b. InfortnenYs Mailing Address (Street, atY /town, state, zip code)
Batt E. Bennett 7006 Sundays Lane, Frederick, MD 21702
21 a. Method of Disposition r ^ Cremation ^ Donaton
• ® Burial ^ Removal f
St
t
i 21b. Date of Disposition (Mordh, may, year) 21c. Place of Disposition (Name of cemetery, crematory or other place) 21d. Location (City/town, state, zip code)
rom
a
e
Was Cremedan a Donation Authorized
^ Other - ' by IAadksl Exsminer/Coroner? ^ Yee^ No
•
'
8 11 2010
Ct.unberland Valle MgTlorial Gard
s Carlisle, PA
22a. S
ore of F Licensee (or person g 22b. License Number 22c. Name and Address of Facility
r FD 012633 L Pawing Brothers Funeral Herne, Inc., Carlisle, PA 17013
Complete Hems 23ac Dory wftert certifying
physician is not available at tlme of death to 23a. Tc the best of my knowledge, occurred at the tlme, date and place stated. (Signature and tltle) 23b. License Number 23c. Date Signed (Month, day, year)
~Y cause of deaN.
Items 24-26 must be c feted b
ortrP Y Perm 24. Time of Death 25. Date Pronounced Dead Month, de , earl
( Y Y
26. Was Case Referred to Medkal Examiner /Coroner for a Reason Other than Cremation or Donation?
wlq pronounces death.
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^ Yes rQ rJo
CAUSE OF DEATIi (See Instructions and examples) r Approximate interval:
Item 27. Pan I: Enter the chain of events -diseases, injuries, or txxriplkatiorts • that dreary caused the death. DO NOT enter terminal events such as cardiac arrest, ~ Onset to Death
res
irato
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flbdll Pan II: Enter other sirmificant conditions contributing to death
but riot resulting in the undertying cause given in Pan I. 26. Did Tobacco Use Contribute to Death?
^ Yes ^
P
ro
b
abty
p
ry a
es
, or ven
r
cu
ar
atbn without showirg the etiokgy. List anty one cause on each Ilrte, t
r
IMMEDIATE CAUSE (Final dsease or ~-
-~
~
~
^ No 4_7 Unknown
condtion resulting M death) ~ ' - ~
~ a. ~_L)Sry • c ~ ~.ir"1 C'`(. ~",~"-l, IC' t~,.~ 1r `~(~ CC I~~ Il i r «+~ 1•~k `i 29. If Female:
^
Due to (or as a consequence off: ,~ t
Se~Uentlelry list conditions, n an , l C ~ ,-, ~-~ MM C a,!J ~f Y'`-J ~S f ~ l'• r, ~r~ r.q
leading to the cause listed on one a. b. _ . r_, l L "`~1 ~ ~ ~! ~. + .~," C ~ ~ ~J I Not pregnant within past year
^ Pregnant at time of death
Enter Bte UNDERLYING CAUSE Due I~ (or as a consequence of): ` r ^ Not pregnant, but pregnant within 42 days
(disease or injury that initiated tf>a c r of death
events resulting in death) LAST. r
^
Due to (or as a consequence oQ: r Not pregnant, but pregnant 43 days to 1 year
• d. r
t before death
^ Unknown ff pregnant within the past year
30a. Was an Autopsy
Penortned? 30b. Were Autopsy Flndngs
Available Prkr to Completion 31. Manngwf Death
,
-~
/ 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occuned 32c. Place of Injury: Home, Farts, Street, Factory,
of Cause of Death? ~
(
Natural ^ Homicide Office Buildi etc.
~~ (SPeC~'1
^ Yes No ^ Yes ^ No ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 32f. If Transportation Injury (Specify) 32g. Location of injury (Street, city /town, state)
^ Suicide ^ Coukt Nol be Determined ^ Yes ^ No ^ Driver/Operator ^ Passenger ^ Pedestrian
M ^ Other -Specify:
33e. Certfier (riredr Doty one) 33b. Signature end Tttle of Certlfier
• Certnying physlclsn (Physlden certifying cause of death wfxin another physician has pronotxtced death and completed Item 23)
TotMbeatolmyknowladga,dsatltoccurtedduatotheauea(a)andmannanstabd--------------------------------- ^ '' ftAl ~~
~ ~C~1^~,~C:.!~,,,aA„t..{~,-`,
• Pronouneing and eertlyfng phyaktan (Physkian bodt pronoundng death and certifying to cause of tleath) 33c. License Number 33d. Date Sgned (Month, day, Year)
To the beat of my Inowledge, death occurred et the time, date, sod ace, and due to ttta uu
~ sa(e) and manner ea stated- _ _ _ _ _ _ _ _ _ _
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• Medkal ExamMa/Corona .~.
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On tfte baNs of exsminetbn and / or inveatigatbn, In my opinion, death occurred at tlta time, date, and place, end due to the cause(s) and manner as stated
^ 34
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ame en
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erson W
o Completed Cause d Death (Item 27) Type !Print
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~ Date Filed (Month, day, year) I
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Dispositlon Perron No.. n ~ 11-{-~ h ~r; e c:r ~ I ~.i l e• • ,1
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Will
I, Gust R. Lee, of 1319 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, declare
this to be my last will and revoke any will previously made by me.
Item One: I direct that all my debts and funeral expenses including my gravemarker shall be
paid from my residuary estate as soon as practicable after my decease as a part of the expense of
the administration of my estate.
Item Two: I give, devise, and bequeath my entire estate to my wife Ellen K. Lee, if she
survives me by 60 days. In the event that she predeceases me or is not then living on the 61st
day after my death, then I give, devise, and bequeath my entire estate as follows:
A. I give and bequeath the sum of $10,000.00 each to my granddaughter Susan L. Bennett
a.~d .e.EZ ~''?~~ ~~randsc>ti ~i~r'iPrt (~i ?~~t:n~ttry ;nil t}i~ rAmain~l~r ac cQt fpy`th hPln~xr_
B. 50 % to my daughter Betty L. Bennett, per stirpes. ~
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C. 25 % to my son James R. Lee, per stirpes. ~ ~ -
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D. 25 % to m randson Tyler Francis Lee. In the event that he deceases prior to ~i~~',~~'
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birthday, then the remaining share together with any accrued interest shall pass to his ~atr~;
..: ,---
~- James R. Lee; otherwise to my daughter Betty L. Bennett. ~~, _..~~
,. 7
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Item Three: I appoint my wife Ellen K. Lee Executrix of this my last will. Should she fail to
qualify or cease to act as Executrix, I appoint my daughter Betty L. Bennett of 7006 Sunday
Lane, Frederick, Maryland 21702 to act as Executrix with the same rights, powers, and duties.
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Item Four: I appoint my daughter Betty L. Bennett Guardian/Trustee of any property which
passes to any person under the age of 25 years and with respect to which I am authorized to
appoint a GuardianlTrustee and have not otherwise specifically done so. Should she fail or cease
to act as Guardian/Trustee, I appoint my grandson Robert G. Bennett to act with the same rights,
powers, and duties. Guardian shall establish separate guardianship accounts and shall have the
power to use income from time to time for the beneficiary's education, including technical and
vocational training and graduate school, travel, support, and welfare without regard to his or her
parents' ability to provide for such education, travel, support, and welfare, or to make payment
~>>tYY
ii~r ~1i~.J~, ~i.ii1ll~~~,~, vrlLilvl.il 1uii.it%i iG'J~iiJ~tiJi;i•~At~', t., ~~1; C:I:.it.;1~:i~ ~i !lJ .tle Ut.1~~.,ii~.iuiy S
parents or to any person taking care of the beneficiary. Guardian shall administer the account
until the beneficiary becomes 18 years of age, at which time the Guardian shall transfer the
principal and income remaining in the separate guardianship account to my Trustee, being the
same person as my designated Guardian, who shall then administer a trust account, of both
principal and income and any other funds transferred to the accounts designated, for the
beneficiary's education, including technical and vocational training and graduate school, travel,
support, health, and welfare. When the guardianship or trust account is less than $10,000.00 or
the beneficiary of the separate trust becomes 25 years of age, the share of the beneficiary
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remaining in the account shall be paid to the beneficiary in full and the guardianship or trust
terminated. In the event of the death of beneficiary Tyler Francis Lee after my decease and prior
to reaching the age of 2.5 years, his share shall pass to his father James R. Lee, per stirpes;
otherwise to my daughter Betty L. Bennett. Guardian and Trustee shall not be required to file
accountings with any court. In the event that any provision of this will shall be interpreted to
violate the Rule Against Perpetuities, then the remaining provisions of this will shall not be
invalid. Trustee shall administer the trust and dispose of assets so as not to violate the rule,
making distribution as required to a life or lives in being plus 21 years.
Item Five: All estate, inheritance, succession, and other taxes, imposed or payable by reason
of my death, and interest and penalties thereon, with respect to all property comprising my gross
estate for tax purposes, whether or not such property passes under this will, shall be paid out of
the principal of my residuary estate, without apportionment or right of reimbursement. In the
event that a substantial portion, as determined in the sole and absolute judgment and discretion of
my Executer, of the non-probate assets such as an annuity or mutual funds are directed. to be paid to
a henefici~ra~ or beneficiaries, so that the taxes referred to herein would be paid out of the probate
residue passing to the beneficiary or beneficiaries of this will (whether or not the same as the
beneficiary or beneficiaries under the non-probate assets), my Executor, in the Executor's sole and
absolute judgment and discretion, shall direct or have the right to allocate the full or partial payment
of the taxes to the beneficiary or beneficiaries of the non-probate assets.
d.
• Item Six: I direct that my personal representative or guardian shall not be required to give
~~ bond for the faithful performance of their duties in any jurisdiction.
Item Seven: In addition to the rights and powers given to the fiduciaries by law or elsewhere in
this will, I give to my Executor during the full time necessary for the administration of my estate
the following rights and powers to be exercised in his or her sole discretion.
A. To retain any real or personal property which may at any time form a part of my estate so
. long as he or she deems it advisable.
B. To invest in any real or personal property without restrictions as to legal investments.
C. To repair, alter, improve or lease for any period of time any real or personal property and
to give options for leases.
D. To sell at public or private sale, for cash or credit, with or without security, to exchange
r,~r r_c; pug ition_ to ~~lortga~Te or pledge rea'_ or personal property. and to give options for
leases.
E. To make distribution in kind.
F. To compromise claims.
t
IN WITNESS WHEREOF, I have hereunto set my hand this/~~y' ~'~ay of June, 2005.
Signed ~~~ ~~°
Gust R. Lee
The preceding instrument, consisting of this and two other typewritten pages each identified by the
signature of the Testator was on the day and date thereof signed, published and declared by the
Testator therein named as and for his last will, in the presence of us, who reduest, in his
presence and in the presence of each other have subscribed our es. ,,~
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
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We, John H. Broujos and ~. ~G~~~~ ,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 Testator sign and execute the instrument as his last will; that he signed
willingly and 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 the time 18 or more years of age, of sound~tnind and under no
eenstraint or undue influence.
Swc~,rn and subscribed to before
met __ y f une, 20 Notarial Seal
__ Bridget Ann Corcoran, Notary Public
NO ARY P LIC Carlisle Boro, Cumberland County
My Commission Expires June 10, 2006
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, Gust R. Lee, whose name is signed to the attached document, 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 as my free and voluntary act for the purposes therein expressed.
.,.
~' ~ ,
Gust R. Lee, Testator
Sworn and affirmed to and acknowledged
befo me this ~ ~- day of .Tune, 2005.
7
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TAR ~' UBLIC
potarial Seal
Bridget Ann Corcoran, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires June 10, 2006
Member, Pennsylvania Association of Notaries
~.
Codicil
I, Gust R. Lee of Carlisle, Cumberland County, Pennsylvania, having made my last will and
testament dated June ~, 2005, do hereby make, publish and declare this to be a Codicil to my said
last will and testament.
ITEM ONE: I amend my will to delete Item Three thereof and to substitute therefore the following:
" Item Three: I appoint my daughter Betty L. Bennett of 7006 Sunday Lane,
Frederick, Maryland 21702 to act as Executrix. Should she fail to qualify or cease to act as
Executrix, I appoint niy son James R. Lee, of V1i inter Spring, Florida, or, in his absence or failure
to act or disclaimer my granddaughter Susan L. Bennett to act as Executrix with the same rights,
powers, and duties."
ITEM TWO: I hereby ratify and confirm my said last will and testament in all other respects
excepting insofar as any part thereof is revoked or modified by this Codicil.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of August, 2008.
~'~ ~ ,
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Gust R. Lee
The preceding Codicil, consisting of two typewritten pages, was on the day and date thereof signed,
published and declared by Gust R. Lee as a Codicil to his last will and testament, and we, in the
presence of each other, have subscribed our names as
~; °y
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COMMONWEALTH OF PENNSYLVANIA ~ ` ~ '~ ``'~ ~ ~'
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COUNTY OF CUMBERLAND ~ _'~~ .~ :-
We, John H. Broujos and ~' ` ~ tnesses whose names are signed td`the _; ,
attached or foregoing instrument being d ly qualified according to law, do depose and say that we were
present and saw the Testator sign and execute the instrument as a codicil to his last will; that he signed
willingly and 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 the time 18 or more years of age, of sound mind~d under no constraint
or undue influence. ,, ,-,, ,~'
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Sworn and subscribed to before me
this 6th day of August, 2008.
~_._
NOTARY PUBLIC
OOMMONWEAL'Q-~ ~~ ~hINSYLVANIA
Notarial Seal
Wanda K. Hunter, Notary PubNc
Carlisle Bono, Cumberland County
My CQnxntssJon Expires May 10, 2009
Member. Pennsyivenl~ 4s~~ci~tion of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
I, Gust R. Lee, whose name is signed to the attached instrument, having been duly qualified according
to law, do hereby acknowledge that I signed and executed the instrument as 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
Gust R. Lee
Sworn. and affirmed to and
acknowledged before me this
6th day of August, 2008.
'~~ Notartal seal
W~da K. Hunter, Notary Public
C.~rris(e Boro, C~rtbetiarxi
MYCorrrnlssbn ~plr~es May ~o
Member, ~~nn~vh.n~.; ..,-.;,~;
~~~ cif Notaries
AFFIDAVIT
`~_~ I,. BetL. Bennett, AKA Betty E. Bennett, of 7006 Sunday Lane, Frederick, Maryland 21702 do
~_:
-~~:' _=swear-'ghat Beb~~ ~ Bennett and Betty E. Bennett are one and the same person.
.~,...
~-~~ ~~~~In wiss '~~~eof I do hereby set my hand and seal this _l~~ ~ day of October, 2005.
...
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f i--~ ~ ~ Betty L. ennett
~~,~ ,~~ _
Betty E.lBennett
SATE OF MARYLAND
CO-LINTY OF FREDERICK
. ss
On this the /~~-day of October, 2005 before me, a notary public in and for the County of
Frederick. State of Maryland, the undersigned offl~~er, personally appeared Betty L. Bennett,
AKA Betty E. Bennett known to me or satisfactorily proven to be the person whose name is
subscribed to the within instrument and acknowledged that she executed the same for the
purposes therein contained. ~ ~'
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Swor and subscribed to before .~
me thi's ~~~f c - ber, 2005.
~'
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NOTARY PUBLIC
SATE OF MARYLAND ~
. ss
COUNTY OF FREDERICK
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We, .__~Y -- - -~--'-(~_~_ -~ -and - ~ ~ ~-=---- V ~~ _~ ~ C1 LQ~~ (~ wi~nesses whose
names are signed to the atat-~ed or fore~oin instr~.~ment bein dul ualified accordin to law
a ~ g g Y ~I g
do depose and say that we were present and saw the Affiant sign and execute the instrument; that
she signed willingly and executed it as her free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of the Affiant signed the statement as
witnesses; and that to the best of our knowledge, the Affiant was at the time 18 or more years of
age, of'sound mind and under no constraint or undue influence. __
L._._- c...._
Sw rn and subscribed to before
me this ~ of t er, 2005.
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NOTARY PUBLIC