HomeMy WebLinkAbout04-25-11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Merle R. Wilson
a/k/a: Merle Richard Wilson
a/k/a:
a/k/a:
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Deceased ESTATE NO: 21- ~' ~ 1 `~
^ B. Grant of Letters of Administration __
(If applicable, enter d. b. n., pendent lite, durante absentia, durante minor•itate)
at
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AN'D "C" as
applicable:
~ A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complE~te Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters of Testamentary __ under
the last Will of the above-named Decedent, dated _ 6/3/2009. and codicil(s) dated
(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
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, anti was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(8): N/A _
C. 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 d.b.n.c.t.a., enter date of Will in Section A and complete list of
heirs j; was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:
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Name Address ~hshi to D cedent ~'`~ ~ '~~'
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USP; ADDI'1'IOi':~~L SF1Et?'i'ti IF~ N[;CESSARY
THIS SECTION MUST BE COMPLETED: ,
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At Elmcroft of Shippensburg, 129 Walnut Bottom Road, Southampton Township, Shippensburg, P~A. 17257
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then
years of age, died
Estimated value of decedent's property at death:
If domiciled in PA
If not domiciled in PA
_If not domiciled in PA
_Value of Real Estate in Pennsylvania
SS NO: 205-26-2553
Shippensburg, PA
(Month, Day, Year of death) (City and State where death occurred)
All personal property $ 1001000.00
Personal property in Pennsylvania $ __
Personal property in County $
$ -- -
Total Estimated Value $ 1001000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
Signature(s)
Name(s) & I~1ailing Address(es)
- Michelle Ishimaru, 4100 Hambleton Avenue, N.E., Louisville, OH
interim Form RW-02 revised 1226.10 by Cumberland County pending action by the Court P:,~~~> > ~~
77 4/7/2011
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OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania ~ SS
County of Cumberland
The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition <~re 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
befor e this ~~~`~ d y f
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Estate of t~"~~ ~W~ 17(51.- ~Pl']I` !~j hard ,Deceased File Number: 21- ~ -_~ ~~ ,~ ~_~
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DECREE OF PROBATE AND GRANT OF LETTERS -L, _i ~~
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AND NOW, this ~~~day of .,:~.~ , in consideration of the Petition on
t reverse side hereon, satisfactory proof having been presented before me, IT IS DECP~EED that Letters
Testame tart' of Administration are hereby granted to:
/ C ~/'r°' ~ ~ ~~ If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
the above estate and that instruments(s) dated described in the potation be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
" ~ f~,
lenda Farner St asbaugh, ~~~t,~i~~~, ~ ~,_ys-
Register of Wills
FEES:
Letters .................... $ ~' ~ "
~
Will .......................
L
'
Co 'cil(s) ...............
( )Short Certificates ~~
( )Renunciations.......
Bond ............................
Other .............................
Automation FEE......... 5.00
JCS FEE ................... 23.50
~?6 ~~
TOTAL ................$
Signature of Counsel Required to Enter Appearance
Atty's Signature
PRINTED Name: Craig A. Diehl, Esquiire, CPA
Supreme Court ID No.: 52801
Address: 3464 Trindle Road
Camp Hill, PA 1707.1
Phone: (717) 763-7613 __
Fax: (717) 763-8293
Interim form RW-O2 revised 1226. l0 by Cumberland County pending action by the Court
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H105-113 REV 11/2006 COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS ~ - • ~`- ~~"7 G
TYPE /PRINT IN ` - `~ 1
PERMANENT CERTIFICATE OF DEATH
BlAC1c INK See Instructions and exam les on reverse
p ~ STATE FILE NUMBER
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1. Named (FQ r/ G/'sulNc) i //~8~~
Cr+ (//,V/ 2. Sea - _
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~~{- 7070 //
5. Age (last BiNbay) Under 1 Under 1 da 8. DaM d BiM m, da , 7. and state a ~ Darr ea Plaoa a Death Check ate
Months Days Hairs MiNa Hospital: Omer:
7 ~ Yom. July 14, 1933 IE~Sl7Jni1, ~ ^ Inpauem ^ ER f Outpatient ^ ooA ~ Nursing Home ^ Residerta ^ Deter • sDecBY:
8D. Couny d Death 8e. Ciry, fbro, Twp. d Death 8d. Fadltty Name (tt rtd irotiWtion, give street and number) 9. Was DeoWem d Hispanic Origin? [~ No ^ Yes 10. Race: American Indwn, Slack. White, etc.
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Mexican. PwM Rican, etc.) (Specryj1
1 t. OecedenYs Usual Eon IOrld d work done most d He. Do red stets re ' 12. Wa Decedent ever in the 13. Dacsdere's Education (Seedy any Nghest pads contp ktedl 11. Marital Status: Married, Never Marred. 15. Survivirq Spo use (N wtte, gNe maiden name)
Kxb d Work
Icinda8uskrassrkqusby U.S. Armed Forces?
Elt:rrlerttary /Secondary (412)
Cdbgo (1i or 5+) VYrdowed. Drvarad lSPeuhl
A0.~ZTI:3'It. F1IE~l ~ Yes ^ No QIVCYCK~
16. DeoedeM's Ma6irg Address (SaeN, dy / bwm, state, zip code) Decedent's Did DeoeOerd d.,'
17c. (~ Yes, Decedent Lived in __s~~a~ Twp.
Actual Residence 17a State ~ ~
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De Lived within
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18. Fatttefa Name (Fkst rridAe, ksl, srAfix) ~ ~ r•~ ~ ~
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l.s.~t_ut t7
20a. Infortnard's Name (Type! Print) 20b. InlormanYS MaiErg Address (Stroet, dly 1 bwn, staN, zp Dods)
~ T.Gh;rrm-t>I 4100 I~[dlal,ebcn $t., ICE, Tn~~7i11~±, Q3 44641
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ad d D'apoaition r ^ CremaEon ^ DonaEon l4 day, year)
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210. Date a Dispcattial
O ztc. I~lace a tksposiuon (Name a cemetery, crenvtory a Wher ltleos) z,d. Lacadan (City/tovm, state, xip wde)
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^ Oder. r by Medial Exardrar/Cororxr7 ^ Yas^ No
22a. tore d Futyrd (a acting a ) 22b. License Numbu 224 Name orb Address d Faaliry
~ 14716 L F1r>~al Ii~e Ix)c. 3813 Wit N~in St. Eell~vill,r FA 17004
ipmt 23a< any when certiytrtg 23a. To na best d my taawtedga, death oaumd at the time. eats and place sUted. (Sipratae and tile). 23b. License Number 23c. Date Signed (Abram, der, year)
ie rat avaiabb at Erne d death to
shay cause d death. _
hens 2428 rtxat be wrrpleted DY p.rson 24. Time a Death 25. Date Prorautad Dead (Morgtt day. ypr) 28. Was Case Retched b Medical Examiner !Coroner fa a Reason Other than Crematbn a OonaEOn?
who praarrKes loam. ~',~(~/9 M. ~ ~~ d ~/~ ^ Yes No
CAUSE Of OEATH (See InstruC[brls end exsmpbe) , Approximate nterval:
DO NOT error arrriinat evems ouch a wNiac artesl
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30a. Was an Autopsy 30b. Were ANapsy Fndngs 31. er d Dam 32a. Date d Irytny IMOnm, day, year) 32b. Oescnbe How Injury Occurred 32c. Place d Injury Home, Farm, SUeet Fadory,
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o ^ Suidde ^ Cou1o Not be Detemwad ^ Yes ^ No ^ Driver/ Opereta ^ Passenger ^ Pedestrian
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33a Certifier (dads only aw) 33b. Sgnatae and T r
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To lM beat a nM foiawladge, derth otxwrrod dw to tta sus(s) and manner as tdatM_ _ _ _ _ _ _
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LAST WILL ANA TESTAMENT
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MERLE R. WILSON ~~ -, ~~ _- --
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I, MERLE R. WILSON, currently residing at 2440 Linn Street, Williamsport, Lycoming County, Pennsylvania, declare that this is
my will and I revoke all other wills and codicils which I have made.
ARTICLE 1
FAMILY
i.01. iDE .TTIFICATIOZT OF i~iY r A1V11L`Y . I dcciare thai i ani a widower and chat I have five (5) fa ur children, `JICTOR G.
WILSON, BRENDA M. GORDNER, MICHELLE A. ISHAMURI, LES WILSON, and HENRY D. WILSON.
1.02. DEFINITION OF FAMILY TERMS. As used in this will, the word "child" as used in this will shall be interpreted to
mean to include persons who have been legally adopted and their issue, and shall include stepchildren who have not: been legally adopted„
ARTICLE 2
PAYMENT OF DEBTS AND TAXES
201. PAYMENT OF DEBTS. I direct my executor to pay all of the expenses of (1) a funeral or memorial service; (2) the
interment of my remains, including the costs of a gravesite, if necessary, and (3) the installation and inscription of'a suitable marker at, and
perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow
as claims against my estate.
2.02. PAYMENT OF TAXES. I direct my executor to pay out of the principal of my residuary estate all inheritance, transfer,
estate and similar taxes (including interest and penalties), assessed or payable by reason of my death on any property or interest in property
which is included in my estate for the purpose of computing such taxes. My executor shall not require any recipient of such property or
interest in such property to reimburse my estate for taxes paid under this paragraph.
ARTICLE 3
DISTRIBUTION OF ESTATE TO BENEFICIARIES
3.01. SPECIFIC BEQUEST. I give, devise, and bequeath the sum of ONE HUNDRED DOLLARS (;$100.00) to my daughter,
BELINDA M. GORDNER.
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3.02. DISPOSITION OF RESIDUARY ESTATE. In the event that my spouse predeceases me or fails to survive me by ten (10)
days, I give all of the rest, residue and remainder of the property that I own at the time of my death, both real anti personal, of every kind
and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), as
follows:
(a) To my children, VICTOR G. WILSON, MICHELLE A. ISHAMURI and LES WIfLSON, (8%) percent of
my residuary estate to be divided equally, share and share alike, per stirpes, which provides that the child
or children of any deceased child shall take the share their parent would have taken i:f living;
(b) To my Trustee, "IN TRUST" to hold, administer, and distribute in one (1) equal share for my son,
HENRY D. WILSON, two (2%) percent of my estate. The Trustee shall hold, manage and administer
any property received hereunder as more specifically set forth herein.
(c) To my Trustee, "IN TRUST" , to hold administer, and distribute in eight (8) equal shares for my grandchildren,
the rest and residue and remainder of my estate. The Trustee shall hold, manage and :administer any property
received hereunder as more specifically set forth herein. In the event that all grandchiildren predecease me
without leaving surviving issue, then in that event the share of this paragraph shall be distributed in pro rata
fashion in accordance with the provisions of 3.01 (a) and (b) hereof.
ARTICLE 4
TRUST FOR HENRY D. WILSON
4.01. SHARE PAYABLE TO HENRY D. WILSON. In the event that my son, HENRY D. WILSON, iinherits under Paragraph
3.02 (b) of this my Last Will and Testament and is under the age of sixty (60) at the date of my death then his share shall be held in trust by
the hereinafter mentioned Trustee according to the terms and conditions as set forth in Paragraph 4.02 herein.
4.02. POWERS OF TRUSTEE AND DISTRIBUTION. The Trustee, as well as my Executor or Exe-cutrix, as the case may
be, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and sl:-all. be under no duty to
convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest those
assets which compose the corpus and resulting interest of this Trust, in the sole discrestion of the Trustee, for the- benefit of my son,
HENRY D. WILSON. The Trustee shall pay over the net income of the trust property, to or for the use of my sc-n, HENRY D.
WILSON, at least annually. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my son,
HENRY D. WILSON, such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seem proper for his
continued support, maintenance, education, medical care and general welfare. My primary object is to ensure the continued support,
maintenance, education, and medical care of my son, HENRY D. WILSON, until he reaches the ages of sixty (60) years. It is my
desire that my son, HENRY D. WILSON, not directly handle any monies which flow from this Trust and that the; Trustee will purchase
items directly for I-IEN~Y D. WILSON. When my son, HENRY D. WILSON, reached the age of sixty (60) years, then whatever
remains of income and principal of this trust estate shall be distributed to my son, HENRY D. WILSON. In the event that my son,
HENRY D. WILSON, shall predecease me or become deceased prior to the distribution of this Trust, then in that event his share shall
pass to his issue, per stirpes, pursuant to the terms and conditions as set forth in Article Five of this my Last Will and Testament. In
the event that all of my heirs or beneficiaries of this Article Four predecease me or become deceased prior to the distribution of this
Trist without leaving surviving issue, then their respective share as stated in Article Four shall be distributed in accordance with Article
3.02(a) hereof.
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ARTICLE 5
SHARE PAYABLE TO A MINOR
5.01. SHARE PAYABLE TO A MINOR. I hereby give, devise, and bequeath that portion of my estate which is distributed
pursuant to Article 3.02 (c) above to be held on trust by the hereinafter mentioned Trustee according to the terms and conditions as set
for in Article 5.02 herein.
5.02. POWER OF TRUSTEES AND DISTRIBUTION. Upon the creation of this Trust, the Trustee- shall divide this trust
principal into individual shares in the name of each beneficiary, in the amount equal to the amount that said beneficiary inherited
hereunder. The Trustee, as well as my Executor or Executrix, as the case maybe, is hereby authorized to retain., wiconverted, any
property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall
have the power and authority to sell, transfer, convey, invest and reinvest those assets which compose the corpus and resulting interest
of this Trust, in the sole discretion of the Trustee. The Trustee is also authorized to pay over the net income of t:he trust property, or to
accumulate it in the sole discretion of the Trustee, for the continued post-secondary education of my heirs of beneficiaries, including
tuition, text books and other educational costs, by excluding room, board, and other living expenses. The Trustee is also authorized
and empowered to pay over to, or for the use and benefit of my heir or beneficiaries such portion of or all of the principal of the trust
estate as in the ~ rustee's sole discretion seems proper for their continued post-secondary education, including tuition, text books and
other educational costs, but excluding room, board and other living expenses. The Trustee shall keep a separate accounting for each
respective grandchild or may, in the Trustee's sole discretion, appoint a financial institution to keep said accounting. In the event that
the Trustee personally keeps this accounting, then in that event the Trustee shall be authorized to receive additional reasonable
compensation for such services. My primary object is to provide for the post-secondary education of my heirs and beneficiaries,
including but not limited to college and vocational-technical training, until they reach the age of twenty-five (25 j years. The term
"post-secondary education" shall be interpreted broadly, with such interpretation to be in the sole discretion of file Trustee. However,
in the event of extreme hardship or dire emergency of an heir or beneficiary, and after considering other resources available to the heir
or beneficiary, including said heir or beneficiary's parent's financial condition, the Trustee shall be authorized to pay over such portion
of or all of the principal and interest of the trust estate as in the Trustee's sole discretion seems proper for said heir or beneficiary's
support, health, maintenance and general welfare. If each said heir or beneficiary reached the age of twenty-five (25) years and has
actively pursued and achieved a degree or certificate from an institute of higher education, including but not limited to post-secondary
vocational-technical training, then whatever remains of income and principal of their respective trust estate shall be distributed to said
heir or beneficiary, per stirpes, which provided that the child or children of any deceased heir or beneficiary shall take the share their
parent would have taken if living. In the event that any said heir of beneficiary reached the age of twenty-five (2.5) years and has not
actively pursued and achieved a degree or certificate from an institute of higher education, then in the event, saki beneficiary's trust
share shall be distributed to said beneficiary's parent who is my child. Notwithstanding any of the above, in the event that any said
heir or beneficiary of this Article Five shall predecease me or become deceased prior to the distribution of this Trust without leaving
surviving issue, then in that event, the deceased heir or beneficiary's share shall be distributed to said beneficiary's parent who is my
child. In the event that any said heir or beneficiary of this Article Five shall predecease me or become deceased prior to the
distribution of this Trust without leaving surviving issue or a surviving parent who is my child, then in that event:, the deceased heir or
beneficiary's share shall be distributed in a pro rata fashion in accordance with the terms and provisions of Article :3.02 (a) and (b)
hereof.
ARTICLE 6
FIDUCIARIES
6.01. EXECUTOR. I appoint my daughter, MICHELLE A. ISHAMARU, to be Executrix of my estate. In the event that
MICHELLE A. ISHAMARU is unable or unwilling to act or continue as Executrix, for any reason whatsoever, then I appoint VICTOR G.
WILSON, to be Executor.
6.02. TRUSTEES. I hereby appoint:
(a) VICTOR G. WILSON to serve as Trustee of the Trust created in Paragraph 4 of this my Last Will
and Testament. In the event that VICTOR G. WILSON is unable or unwilling; to serve as Trustee for
any reason whatsoever, then in that event I hereby appoint MICHELLE A. ISHIMARU, to serve as
Trustee of the Trust created in Paragraph 4.
(b) VICTOR G. WILSON, LES A. WILSON and MICHELLE A. ISHAMIJRI, or the survivor(s) of
them, to serve as Co-Trustees of the Trust created in Paragraph 5 of this my :Last Will and Testament.
6.02. WAIVER OF BOND. None of the fiduciaries named in this will shall be required to furniish bond for the faithful
performance of his or her duties.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.01. MISCELLANEOUS PROVISIONS.
(1) As long as any income or principal to which any beneficiary under my Will may be entitled remains in the possession of my
fiduciaries and is not actually distributed to the beneficiary, such income or principal shall not be subject to anticipation or alienation by the
beneficiary by assignment or by any other means (except as specifically authorized herein), and it shall be free anti clear of the beneficiary's
debts and obligations and shall not be taken, seized or attached by any process whatsoever.
(2) No person dealing with my executor shall be bound to see to the application of any purchase money or other consideration or to
inquire into the validity, necessity or propriety of any transaction to which my executor maybe party.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of June, 2009.
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MERLE R. WILSON
4
Signed, sealed, published and declared by the above-named MERLE R. WILSON (the Testator) as a.nd for the Testator's Last
Will in the presence of us and each of us who, at the Testator's request and in the Testator's presence and in the presence of each other, have
hereunto subscribed our names as witnesses thereto the day and year last above written.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LYCOMING
SS
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I, MERLE R. WILSON, Testator whose name is signed to the 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 ghat I signed it as my free
and voluntary act for the purposes therein expressed.
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MERLE R. WILSON
Sworn to and subscribed
before me by MERLE R.
WILSON, the Testator,
day of June, 09.
...
... ~,,
otary Public
1
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Andrea B. t3ower, Notary Public
Montoursvilie Boro, Lycoming County
Commission Expires Oct. 14, 2012
Mlir~`fC71~kP ¢~~r2lt~e+lle~~sia „ASS4K:i~tlf.4fi Cf Notaries
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF LYCOMING
We, Debra L. Pietrovito and Amber M. Lowery, the witnesses whose names are signed to the foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw Testator sign and execute the instrument as her Last Will; that he signed
willingly and that he executed it as his free and voluntary act for the purpose 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 18 or more years of age, of sound
mind and under no constraint or undue influence.
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6
Sworn to and subscribed
before me by Debra L. Pietrovito
and Brenda S. Le s,
witnesses, this 3~day