HomeMy WebLinkAbout02-11-05
Marjorie A. Wevodau
First Deputy
One Courthouse Square
Carlisle, Pa. 17013
Glenda Farner Strasbaugh
Register of Wills &
Clerk of the Orphans' Court
(717) 240-6345
FAX (717) 240-7797
Kirk S. Sohonage, Esquire
Solicitor
OFFICES OF
l\egtster of .tus aub (/Clerk of tfJe Q&rpbamf (/Court
lICount!' of lICumberlanb
State of Pennsylvania
SS:
County ofCwnberland
BE IT REMEMBERED, that I, Glenda Farner Strasbaugh, Register of Wills of
Cumberland County, Pennsylvania, do hereby commission an Officer of the Probate
Court in Nassau County, New York to administer the Oath of Personal Representative of
the Estate ofJohn C. Kretzing, late of Nassau County, New York. By virtue of the Act of
Assembly approved July II, 1917, P.L. 803.
IN TESTIMONY WHEREOF, I have here unto set my hand and affixed my seal
the 26th day of January 2005.
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Glenda Farner Strasbau
Register of Wills
Cumberland County
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PETITION FOR PROBATE and GRANT OF LETTERS
Estate of JOHN C. KRETZING No. d J - 0 S- - 0 J 3/
also known as To:
Register of Wills for the
, Deceased. County of CUMBERLAND in the
Social Security No. Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut rix named
in the last will of the above decedent, dated October 20. 1988
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Nassau Countv. New York with
h is last family or principal residence at 29 Gerald Lane. Old Betheaoe NY 11804
t
(list street, number and municipality)
Decedent, then 73 years of age, died 6/29/2000
at 29 Gerald Lane Old Betheaoe. NY 11804
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution (If the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $ 20.000.00
situated as follows:
North 20th Street. Came Hill, PA - Real Estate - Tax Parcel #01-21-0271-388
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant ofletters Testamentarv - Ancillarv
thereon. ~ (testamcntaly; administration c.la.; administration d.b.n.c.lB.)
j)~ 29 Gerald Lane
-;;- ,\ , . Old Betheaoe NY 11804
I Reslyn D. retzing /
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA } 58
COUNTY OF CUMBERLAND
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Sworn to or affirm~ subscribed
~ me this '+ day of
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The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly inister the estate according to law.
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THE PEOPLE OF THE STATE OF NEW YORK
By the Grace of God Free, and Independent
to whom these presents shall come, or may concern,
TO ALL GREETINGS:
KNOW YE, that we, having examined the records and files in the Office
of the Surrogate of Nassau County, do find there remaining a certain record of the Estate of:
John C. Kretzing, Deceased
(said Will having been duly admitted to
probate as a Will of real and personal property; it having been executed and proven
agreeably to the laws and usages of the State of New York) in the words and figures
following to Wit: Last Will and Testament, Probate Petition, Decree of Probate, Letters
Testamentary and that Letters Testamentary issued to Rosalyn D. Kretzing on the 14'h day
of August, 2000, are still in full force and effect.
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SC0030
J?i )
STATE OF NEW YORK
SURROGA TE'S COUR'!": COUNTY OF Nassau
-------------~--------------------------.------------x
PRODA TE PROCEEDING, WILL OF
JOHN C. KRETZING /'
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PETITION FOR PROBATE.AND:
[Xl Letters Testamentary
[ J Letters of Trusteeship
[ ] Letters of Administration C.La.
Deceased.
.-....-......--...---..-.......-.....-.....--.. X
To the Surrogate's Court, County of Nassau
It is respectfully alleged:
FileNo.
3 / C( 95-/
l.(a) The name, citizenship, domicile (or, in the case of a bank or tnlst company) its principal office) and interest in this
proceeding of the petitioner are as follows:
Name: ROSLYN D. KRETZING
Domicile or Principal Office:
Old Bethpage
(City, Village or Town)
Mailing Address:
29 Gerald Lane
(Street and Numbcr)
New York
(State)
II 804
(Zip Code)
(If different from domicile)
Citizen of: Un i t cd S tat e s
NatTIe:
Domicile or Principal Office:
(Street and Number)
(City, Village or Town)
Mailing Address:
(State)
(Zip Code)
(If different from domicile)
Citizen of:
lnterest(s) of Petitioner(s):
[Check one]
[XI Executor(s) named in decedent's Will
[ ] Other (Specify)
1. (b) The proposed Executor [ ] is [xJ is not an attorney.
[NOTE: An Executor-Attorney must comply with SCPA 2307-a.]
2. The name, domicile, date and place of death, and national citizenship of the above.named decedent are as follows:
/
(a) Name: John C. Kretzing
(b) D,,'e of death
June 29, 2000
~
---
(c) Place of death North Shore University_Hospital, 300 CommuTLLty Driv~ Manhasset. New York
M-3374 (12/97) Page 1
(d) Domicile: Street 29 Gerald Lane
City, Town, Village Old Bethpage
/'
County
Nassau
State
New York
(e) Citizen of, United States
3. The Last Will, herewith presented, relates to both real and personal property and consists of an instrument or
instruments dated as shown below and signed at the end thereof by the decedent and the following attesting witnesses:
/ ~ X
William Hinrichs and Ethel Hinrichs
(Names of All Witnesses to Will)
October 20, 1988
(Date of Will)
None
(Date of Codicil)
(Names of All Witnesses to Codicil)
Nonp.
(Date of Codicil)
(Names of All Witnesses to Codicil)
4. No other will or codicil of the decedent is on file in this Surrogate's Court, and upon information and belief, after a
diligent search and inquiry, including a search of any safe deposit box, there exists no will, codicil or other testamentary
instrument of the decedent later in date to any of the instruments mentioned in Paragraph 3 except as follows:
[Enter "NONE" or specify]
NONE
5. The decedent was survived by distributees classified as follows: [Information is required only as to those classes of
surviving relatives who would take the property of decedent pursuant to EPTL 4-1.1 and 4-1.2. State the number of
survivors in each class. Insert "NO" in all prior classes. Insert "X" in all subsequent classes].
a. [I] Spou,e (hu4aRd/wife). [ ] Divorced [Attach copy of Divorce Decree]
b. fJ] Child or children and/or issue of predeceased child or children.
[Must include marital, nonmarital, adopted, or adopted-out child under DRL Section 117]
Three (3)
L [xl Mother/Father.
d. [x.l Sisters and/or brothers, eitner of the whole or half blood, and issue of predeceased sisters and/or brothers
(nieces/ roephews, c~c.)
e. [x] Grandparents. [Include materna] and paternal]
f. [xl Aunts and/ur uncles, and children of predeceased aunts and/or uncles (first cousins). [Include maternal and
paternal]
g. ~ ] First comins once removed (children of predeceased first cousins). [Include maternal and paternal]
M-3374 (12/97) PAGE 2
6. The names, relationships, domicile and addresses of all distributees (under EPTL 4-1.1 and 4-1.2) of each person
designated in the Will herewith presented as primary executor, of all persons adversely affected by the purported exercise
by such Will of any power of appointment, of all persons adversely affected by any codicil and of all persons having an
interest under any other will of the decedent on file in the Surrogate's Court, are hereinafter set forth in subdivisions (a)
and (b).
[If the propounded will purports to revoke or modify an inter vivos trust or any other testamentary substitute, list
the names, relationships, domicile and addresses of the trustee and beneficiaries affected by the will in subparagraphs (a)
and (b) below. Submit trust agreement]
(a) All persons and parties so interested who are of full age and sound mind or which are corporations or
associations, are as follows:
Name and
Relationship
vJ \,ayne D. Kretzing
vJ
Domicile Address and
Mailing Address
Description of Legacy, Devise
or Other Interest, or Nature
of Fiduciary Status
Surviving Son {ur .~^f-"-'
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Brllce C. Kretzing
/
77 Woodward Avenue
Bloomingdale, New Jersey 07403
20842 Sunlight Court
Lexington Park, Maryland 20653
4 Robert Place
Baldwin, New York 11510
Surviving Son
Jay R. Kretzing /
Surviving Son \ \
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~)) All persons so interested who are persons under disability, are as follows:
[Furnish all information specified in NOTE following 7b]
Name and
Relationship
Domicile Address and
Mailing Address
Description of Legacy, Devise
or Other Interest, or Nature
of Fiduciary Status
NONE
M-3374 (12/97) PAGE 3
7.(a) The names and demiciliary addresses of all substitute or successor executors and of all trustees, guardians, legatees,
devisees, and other beneficiaries named in the Will and/or trustees and beneficiaries of any inter vivos trust designated in the
propounded Will other than those named in Paragraph 6 herewith are as follows:
Name
Domicile Addrcss and
Mailing Address
Description of Legacy, Devise
or Other Interest, or Nature
of Fiduciary Status
Successor Executor
BrlJce C. Kretzing
77 Woodward Avenue
Bloomingdale, New Jersey 07403
20842 Sunlight Court
Lexington Park, Maryland 20653
4 Robert Place
Baldwin, New York 11510
Successor Executor
Wayne U. Kretzing
Jay R. Kretzing
Successor Executor
(b) All such legatees, devisees and other beneficiaries who are persons under disability are as follows: [Furnish all
information specified in NOTE below]
Name
Domicile Address and
Mailing Address
Description of Legacy, Devise
or Other Interest, or Nature
of Fiduciary Status
NONE
[NOTE: In the case of each infant, state (a)name, birth date, relationship to decedent, domicile and residence address, and
the person with whom he/she resides, (b)whether or not he/she has a court-appointed guardian (if not, so state), and whether
or not his/her father and/or mother is living, and (c)lhe name and residence address of any court-appointed guardian and the
information regarding such appointment. [n the case of each other person under a disability, state (a)name, relationship to
decedent, and residence address, (b)facts regarding his disability including whether or not a committee, conservator,
guardian, or any other fiduciary has been appointed and whether or not he/she has been committed to any institution, and
(c)the names and addresses of any committee, person or institution having care and custody of him/her, conservator,
guardian, and any relative or friend having an interest in his/her welfare. In the case of a person confined as a prisoner, state
place of incarceration and list any person having an interest in his/her welfare. In the case of unknowns, describe such
person in the same language as will be used in the process.]
8.(a) No beneficiary under the propounded will, listed in Paragraph 6 or 7 above, had a confidential relationship to the
decedent, Sll,:~~ ,,\~; at1orney, accountant, doctor, or clergyperson, except: [Enter "NONE" or indicate the nature of the
contidenti:_d reJation~hir]
NONE
(b) No persons, corporations or associations are interested in this proceeding other than those mentioned above.
M-3374 (12/97) PAGE 4
9. (a) To the best 01 the knowledge 01 the undersigned, the approximate total value 01 all property constituting the decedent's gross
testamentary estate is greaterthan $ JO . 000 . 00
but Jess than $__ I, ~CU. COo
Personal Property $..1lcc; 000_ Improved real property in New York State $ Nnnp
Unimproved real property in New York State $ None
Estimated gross rents for a period of 18 months S None
(b) No other testamentary assets exist in New Yark State, nor does any cause of action exist on behalf of the estate, except as follows:
[Enter "NONE" or specify]
NONE
10. Upon information and belief, no other petition for the probate of any will of the decedent or for letters of administration of the
decedent's estate has heretofore been filed in any court.
WHEREFORE your petitioner(s) pray(s) (a) that process be issued to ail necessary parties to show cause why the Will and the Codicil(s)
set lorth in Paragraph 3 and presented herewith should nOt be admitted to probate; (b) that an order be granted directing the service 01
process, pursuant to the provisions of Article 3 of the S.C.P.A., upon the persons named in Paragraph (6) hereof whose names or
whereabouts are unknown and cannot be ascenained, or who may be persons on whom service by personal delivery cannot be madei and ((
that such Will and Codicil(s) be admitted to probate as a Will of real and personal property and that letters issue thereon as follows: [Check
and complete all relie! requested.]
[XJ Letters Testamentary to Rn~lyn n. Krpt"71ng
[ ] Letters 01 Trusteeship (I) To
ffb/o
(2) To
Ilblo
(ADD ADDITIONAL SHEET IF WILL CREATES MULTIPLE TRUSTS)
] Letters of Administration c.t.a. to
and that petitioner(s) have such other reliei as may be proper.
^
Dated: J\II]'ii"'l,( 7 77CYX)
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1.
I)
2.
(Signature of Petitioner)
(Signarure Petitioner)
Roslyn D. Kretzing
(print Name)
(print Name)
3.
(Name of Corporate Pe'J,;itioner)
(Signature of Officer)
(print Name and Tide of Ollicer)
M.3374 (12/97) Page 5
COMBINED VERIFICATION, OATH AND DESIGNATION
[For use when petitioner is an individual]
STATE OF NEW YORK )
COUNTY OF NASSAU ) ss.:
The undersigned, the petitioner named in the foregoing petition, being duly sworn, says:
1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and
the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief,
and as to those matters I believe it to be true.
2. OATH OF [)(J EXECUTOR [] ADMINISTRATOR c.t.a. [] TRUSTEE as indicated .bove: I am
over eighteen (18) years of age and a citizen of the United States and I will well, faithfully and honestly discharge the duties
of Fiduciary of the goods, chattels and credits of said decedent according to law. I am not ineligible to receive letters and
will duly account for all moneys and other property that will come into my hands.
3. DESIGNATION OF CLERK FOR SER V1CE OF PROCESS: 1 hereby designate the Clerk of the Surrogate's
Court of Nassau County, and his/her successor in office, as a person on whom service of any process, issuing from such
Court may be made in like manner and with like effect as if it were served personally upon me, whenever I cannot be
found and served within the State of New York after due diligence used.
~.1y domicile is: 29 Gerald
(Street Address)
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Lane. Balaw.in! PW York 11R04
(City/Town/Village) (State) (Zip)
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(Signatur~ of Petiti6n~
Roslyn D. Kretzing
(print Name)
OnAV)v> f 1-
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.:t9i: 2000,beforemcpersonallycame Roslyn D. Kretzin~
to Ole known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before
me and duly acknowledged that he/she executed the same.
~~y~~
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
MICHAEL A. HALPERN
Notary Public. Stot. of New York
No. 5005179
Qualified In Nassau Co
CommissIon Explr.. Nov. 3g~~~'/
Name of Anorney:
WHITE & KREIZING, p.e.
Tel. No.:
-----~
(516) 334-1100
Address of Anorney 173 School Street. t,}p~rhllry NPhT Vork 11 c;on
M-3399 (12/97)
o
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IN THE NAME OF GOD, AMEN:
I, JOHN C. KRETZING, residing in Nassau County,
New York, being of sound and disposing mind and memory
and considering the uncertainty of this life, do make,
publish and declare this to be my Last Will and
Testament, hereby revoking any and all former Wills by
me at any time made.
FIRST:
I direct that all my just debts, funeral
and testamentary expenses be paid as soon as convenient
after my decease.
Any and all Federal and/or State
estate taxes shall be paid out of my residuary estate
and shall not be charged against the gifts as provided
by my Will.
SECOND: All the rest, residue and remainder of my
property of whatsoever kind and nature and wheresoever
the same may be situated of. which I may die seized,
possessed of, entitled to or interested in, I give,
devise and bequeath unto my wife, ROSLYN D. KRETZING,
to be hers absolutely and forever.
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In the event that my wife should predecease me or
die at the same moment with me or in the same
catastrophe, then and in that event, I give, devise and
bequeath all of the said rest, residue and remainder
unto my children, in equal shares, to be theirs
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absolutely and forever.
In the event that any of my children should
predecease me leaving issue surviving, then I direct
that the share to which such child would be entitled,
if living, shall pass to such issue, per stirpes and
not per capita, to be theirs absolutely and forever,
and if none, then to the survivor of my said children.
THIRD:
I direct that my Executrix hereinafter
named shall have full power to manage, sell, mortgage,
lease, exchange, conveyor otherwise dispose of any and
all real or personal property and In such manner and
upon such terms and conditions as she may deem fair and
for the best interests of my estate, and to distribute
in kind and/or cash to any beneficiary, and to execute
and
deliver
any
and
all
deeds
of
conveyances,
mortgages,
leases or other instruments ~s may be
necessary and proper, and to retain any securities,
real estate or other property in which my estate may be
invested at the time of my decease, for such time as
she in her sole discretion may deem for the best
interests of my estate, and to vary the securities or
investments
at
her
discretion,
whether
legal
or
non-legal, any law to the contrary notwithstanding.
I hereby nominate, constitute and appoint
FOURTH:
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my wife, ROSLYN D. KRETZING, Executrix of this, my Last
Will and Testament, to serve without bond.
In the event that my wife should predecease me or
die at the same moment with me or in the same
catastrophe, or fails, refuses or is unable to act, or
dies before the settlement of my estate, then and in
that event, I nominate, constitute and appoint my sons,
WAYNE D. KRE'I'ZING, JAY R. KRETZING and BRUCE C.
KRETZING, or the survivor, as Executors of this, my
Last Will and Testament, to serve without bond.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my seal this
.;lotI,.
day of
October,
in
the year One Thousand Nine Hundred and Eighty-eight.
gJhL l KN_t~L.S.
OHN C. KRETZk~
Witnesses: y
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SUBSCRIBED by JOHN C. KRETZING, the Testator named in
the foregoing will, in the presence of each of us, and
at the time of making such subscription, the above
instrument was declared by the said Testator to be his
Last Will and Testament, and each of us, at the request
of said Testator and in his presence and in the
presence of each other, signed our names as witnesses
~~"'iding e' '8 Gerald Cene
Old Bethpage, New York 11804
~rL.f' rOI c91;~kesiding at 28 Gerald Lane
Old Bethpage, New York 11804
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At a Surrogate's Court, held in and for the County
of Nassau, at the Nassau County Court House
at Mineola, New York, in the said County,
on the J 4th day of August, 2000 .
j)resent:
liON. C. RAYMOND RADIGAN
Judge of the Surrogate's COUlt, Nassau County
DECREE OF PROBATE
CASE NO.314951
x
.._._._--~
In the Mattcr or Proving the Lasl Will and
Testament of
John C. Kretzing
Deccased.
x
The citation having been duly waived, the allegations of the parties appearing having been heard, and proof
having been duly taken pursuant to Article 14 of SCPA, among other things as to the execution of said Will
bcaring date ol'the 20tb day of October, 1988, and the probate of the said Will not having been contested and the
.ludge oI'the Surrogate's Court having particularly inquired into all the facts and circumstances and being satisfied
with the genuinencss of said Will and the validity of its execution and it appearing to the .ludge of the Surrogate's
Court that the testator at the time of executing the same was in all respcets competent to make a Will and not under
restraint; it is;
ORDERED, ADJUDGED and DECREED, that the instrument offered for probate herein be, and
the same hereby is admitted to probate as the Last Will and Testament of the said deceased, valid to pass real and
persollal property, and that Letters Testamentary be issued tbereon to the executrix who may qualify thereunder
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SCPRLT02
Case No.3 \4951
Lellers T eslamenlary
THE PEOPLE OF THE STATE OF NEW YORK
BY THE GRACE OF GOD FREE AND INDEPENDENT
TO: Roslyn D. Kretzing, 29 Gerald Lane, Old 13ethpagc, NY 11804
SEND GREETINGS:
WHEREAS, The Last Will and Testament of
John C. Kretzing
deceased was duly admitted to probate by decree ofthe Judge of the Surrogate's Court of Nassau County, New York,
on the 14th day of August, 2000 , which directed the issuance to you of Letters Testamentary upon your qualifying
according to law:
NOW, THEREFORE, KNOW YE that you are hereby appointed Executrix of said Will and authorized to
administer the estate of said deceased subject to the laws appertaining thereto and the jurisdiction and supervision
of this Court.
IN TESTIMONY WHEREOF, we have caused the seal
of the Surrogate's Court of Nassau County to be hereunto
aftlxed.
(SEAL)
Ldters are subject to Rule 207.20 of the
Uniform Rules of the Surrogate's Court.
An estate inventOl'Y, under the rule, must
be filed within the required time period.
WITNESS, HON. C. RAYMOND RADIGAN, Judge of
the Surrogate's Court of the County of Nassau, at Mineola
New York, this 14,th day of August,.2000.
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C er of t e Sur Og~S ourt
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(See Back)
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SURROGATE'S COURT
State of New York,
ss.:
County of Nassau.
!, ALBERT W. PETRAGLIA, Chief Clerk of the Surrogate's Court in the County of Nassau, do hereby certify
that! have compared the foregoing copy of the Last Will and Testament, Probate Petition,
D"cree of Probate and Letters Testamentary on the Estate of
John C. Kretzing, Deceased.
with the original thereof, now remaining of record in the said Court, and that the same is a correct transcript of the whole
and every part of such original record.
IN TESTIMONY WHEREOF, ! have hereunto set my hand and affixed the seal of the said Court at
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(LS.)
State of New York,
ss.:
County of Nassau.
!, HON. JOHN B. RIORDAN, Judge of the Surrogate's Court of the County of Nassau, do hereby certify that
ALBERT W. PETRAGLIA, whose name is subscribed to the proceeding exemplification is the Chief Clerk oflhe
Surrogate's Court of the County of Nassau, aforesaid, duly appointed and sworn; that the signature of said Chief Clerk is
genuine and that full faith and credit are due his official acts. C' '~
I further certify that the seal affixed to the said ~nplification is the se:i1'qfthe said Surrogate's COUll, and that
the attestation thereof is in due form oflaw. , \A ~\ ,iI:2..-
J" ,"'" s,;(:,', COO"
State of New York,
55.:
County of Nassau.
I,. ALBERT W. PETRAGLIA, Chief Clerk of the Surrogate's Court of the County of Nassau, in the State of
New York, do hereby certify that the HON. JOHN B. RIORDAN, whose name is subscribed to the preceding certificate,
is the Surrogate of the said County of Nassau, and as such is the Presiding Judge of the Surrogate's Court therein, duly
elected and sworn; that the signature of the said Judge to the said certificate is genuine.
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QNY WHEREOF,! have hereunto set my hand and affixed the seal of the said Court, at Mineola in
0nd dayofPebruary 20 OS'.
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