HomeMy WebLinkAbout05-18-05
Marjorie A. Wevodau
First Deputy
Kirk S. Sohonage, Esquire
Solicitor
One Courthouse Square
Carlisle, Pa. 17013
Glenda Farner Strasbaugh
Register of Wills &
Cieri< of the Orphans' Court
(717) 240-6345
FAX (717) 240-7797
OFFICES OF
l\tgis'ttr of MtlI.s' anb QCltrlt of tlJt 19rpbaM' QCourt
ltount!' of QCumberlanb
May 5, 2005
Strafford County Probate Court
Att'n: Kimberly Quint
P. O. Box 799
Dover, NH 03820
IN RE: Estate of Janet Hornbeck
Dear Kimberly:
Enclosed please find a Commission to Take Oath, Petition for Probate and Grant
of Letters and a copy of the decedent's Last Will and Testament for the above estate.
If you would please advise Mr. James W. Hornbeck, II when he can appear before
the Probate Court to execute the oath, it would be appreciated. His telephone number is
603-868-5419.
I have also enclosed a return envelope for the Petition for Probate and Grant of
Letters.
If you have any questions or concerns, please feel free to call.
-
z::~~
Glenda Farner Strasbaugh
Register of Wills and Clerk of the Orphans' Court
Enclosures
Marjorie A. Wevodau
First Deputy
One Courthouse Square
Carlisle. Pa. 17013
Glenda Farner Strasbaugh
Register of Wills &
Cieri< of the Orphans' Court
(717) 240-6345
FAX (717) 240-7797
Kirk S. Sohonage, Esquire
Solicitor
OFFICES OF
l\t~!ittr of R1ltll!i anb QCltrlt of tlJt <9rpbat$' QCourt
ltount!' of ltumbttlanb
State of Pennsylvania
SS:
County of Cumberland
BE IT REMEMBERED, that I, Glenda Farner Strasbaugh, Register of Wills of
Cumberland County, Pennsylvania, do hereby commission you, Kimberly Quint,
Registrar of Probate for Strafford County, or one of your Deputies, to administer the Oath
of Swearing in the Executor of the Estate of Janet Hornbeck, late of Cumberland County.
Said Will bearing the date of August 30, 1996; a copy hereunto attached. By virtue ofthe
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 5th day of May, 2005.
Glenda Farner Strasbaugh
Register of Wills
Cumberland County
"
- .
WllL
OF
JANET HORNBBCK
I, JANET HORNBECK, of Allegheny county , Pennsylvania, declare
this to be my Will, and I revoke all prior wills and Codicils that
I have made.
ARTICLE I
All estate and inheritance taxes (including interest and.
penalties, if any), together with all administration expenses,
payable in any jurisdiction by reason of my death (including those
taxes and expenses payable with respect to assets which do not pass
under this Will) shall be paid out of and charged generally against
the principal of my residuary estate, without apportionment. I
waive any right of reimbursement for, recovery of, or contribution
toward the payment of those taxes and administration expenses,
except my executor shall, to maximum extent permitted by law, seek
reimbursement for, recovery of, or contribution toward the payment
of federal or state estate tax attributable to property in which I
have a qualifying income interest for life, over which I have a
power of appointment, or which is included in my gross estate by
reason of section 2036 of the Internal Revenue Code of 1986, as
from time to time amended ("Code"), and which tax is not otherwise
" '
paid or payable.
Any qeneration-skipping tax resulting from a
transfer occurring under this Will shall be charged to the property
consti tuting the transfer in the manner provided by applicable law.
ARTICLE II
A. I qive all the tangible personal property that I own at
my death, including any household furniture and furnishings,
automobiles, books, pictures, jewelry, art objects, hobby equipment
and collections, wearing apparel, and other articles of household
or personal use or ornament, to JAMES W. HORNBECK, if my spouse
is living on the thirtieth day after the date of my death, or, if
my spouse is not then living, to such of my children as are living
on the thirtieth day after the date of my death, in shares of
substantially equal value, to be divided in such manner as they
shall agree or, if they shall fail to agree upon a division within
six months after the date of mY death, as my executor shall
determine.
B. All costs of safeguarding, insurinq, packinq, and storing
my tangible personal property before its distribution and of
delivering each time to the place of residence of the beneficiary
of that item shall be deemed to be expenses of administration of mY
estate.
2
r
I
j
ARTIC'T.R III
I give all my residuary estate, and any property over which I
have a power of appointment, to the acting trustee or trustees of
that certain trust already creat~J)Y me and known as the HORNBECIC
3" {t.N..r. T- i~'
TRUST DATED the .Q.4IA day of 31l1::" ~996, as in effect at my death, of
which JAMES W. HORNBECK, II is trustee, for the Marital Trust and
for any Family Trust established under said trust agreement.
ARTICLE IV
A. I name my husband, JAMES W. HORNBECK as executor of
this Will, or if my husband fails or ceases to act as executor, I
name JAMES W. HOllNBBCK, II as executor of this Will, or if Ja~s
W. Hornbeck, II fails or ceases to act as executor, I name ANN
KATHLEEN VANDENBER.G and VIRGINIA LEE ANDREWS as co-executors.
No individual executor under this Will shall be required to furnish
bond or other security as executor.
B. If the appointment of an executor of my estate is
necessary or desirable in any jurisdiction in which no executor
herein named is able and willing to act, I direct that the court of
competent jurisdiction appoint a bank to Berve as executor.
C. In addition to all powers granted by law, I give my
executor power, exercisable in the discretion of my executor and
3
without court order, to retain, sell (at public or private sale),
exchange, lease for any term (even though cOllllencing in the future
or extending beyond the date of final distribution of my estate),
mortgage, pledge, or otherwise deal for any purpose with the
property, real or personal, from time to time comprising my estate,
for such consideration and on such terms (with or without security)
as my executor shall determine; to borrow money for any purpose, at
interest rates then prevailing, from any individual, bank, or other
source, irrespective of whether that lender is then acting as
executor; to invest in any property whatsoever; to compromise or
abandon any claims in favor of or against my estate; to hold any
property in the name of a nominee or in bearer form; to employee
accountants, depositaries, attorneys, and agents (with or without
discretionary powers); to execute contracts, notes, conveyances,
and other instruments, including instruments containing covenants
and warranties binding upon and creating a charge against my
estate, and containing provisions excluding personal liability; to
make distributions wholly in cash or in kind, or partly in each; to
allot different kinds of disproportionate shares of property or
undivided interests in property among the beneficiaries; and to
determine the value of any property distributed in kind.
D. I empower lIlY executor (i) to make such elections under
the tax laws as my executor deems advisable, including an election
4
"
" '
to create, qualified terminable interest property for both estate
and generation-Skipping tax purposes or for estate tax purposes
alone, and {ii} to allocate the unused portion, if any, of lilY GST
exemption (as defined in this paragraph), to any property with
respect to which I am the transferor for generation-skipping tax
purposes (irrespective of whether such property passes under this
will) in such lIIanner as lIlY executor deems advisable, in each case
without regard to the relative interests of the beneficiaries;
however, lilY executor shall not make adjustments between principal
and income, or in the interests of the beneficiaries, to compensate
for the effects of such elections and allocation. Any decisions
made by lIlY executor with respect to the exercise of any tax
election or the allocation of my GST exemption shall be binding and
conclusive on all persons. As used in this paragraph, with nGST
exemption" means the exemption from generation-skipping tax allowed
under Section 2631 of the ~.
E. I direct that the compensation of the corporate executor,
if any, shall be in accordance with its published schedule of fees
as in effect at the time the services are rendered.
ARTICLE V
My husband and I are at approximately the same time executing
Wills containing similar dispositive provisions. These wills are
5
not the product of any agreement or contract and my husband shall
be free to dispose of any property whether acquired under this
Will, or otherwise, either during his lifetime, or by Will as he
.
sees fit.
WITNESS my hand this .:JiJ.&Jday of /Ju!!"",,,,/; , 1996.
J.~J
on the date last above written, we saw JANET HORNBECK, in our
presence, sign the foregoing instrument at its end.
She then
declared it to be her Will and requested us to act as witnesses to
it. We then, in her presence and in the presence of each other,
signed our names as attesting witnesses, believing her at all times
herein mentioned to be of sound mind and memory and not acting
under constraint of any kind.
WITNESS:
ADDRESS:
~JP',1'~
~)~
OA\.<,..t.c.aJ\>''T PA
too mJt J~.IilfJ A'ltt.u PI9 tbd"l6
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ACI<NOWLEDGEHENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BUTLER
.
.
SS:
.
.
I, JANET HORNBECK, Testatrix 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
this instrument as 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 contained~' .;, I A.
~ ~JJJ~le../
ET HORNBECK
Sworn or affirmed to and ackno
named Testatrix, this .:3 0 day of
the above
AFFIDAVIT
~iIi.i>
~~E~~~~AaiIt .
..., -..Ilo..n ....,
-- .1lIIIr
COMMONWEALTH OF PENNSYLVANIA : SS:
COUNTY OF BUTLER :
We, ---!.I~oa t.J ~~ and RMEJI!T" LIII.t'_tA/;:"Ii!L.A~R
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 Testatrix sign and execute the
instrument as her Last Will and Testament: that she signed it
willingly and that she executed it as her free and voluntary act
for the purposes therein contained: that each of us in the hearing
and sight of the Testatrix, signed the will as witnesses: and to
the best of our knowledge the Testatrix, was at that time eighteen
(18) or more years of age, of sound mind and under no constraint
or undue influence. 1~
f. -...~- ~1~k{ ~~
Subscribed anJ1 sworn to bef me bJl. the abov named
witnesses, this :::J II day of v-l"", 9 6
b:~10,'hor.n_~.v~1
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.olrnbn jf.rntt jIolr..b.ngb
i\rgilittt or Will. .lIb iClttk 01 Ibr 18rpIJ.II" iCourt
One Counhouse Square
Carlisle, PA 17013-3387
Register of Wills
County of Cumberland
1 Courthouse Square
Carlisle, PA 17013
,
,
PETITION FOR GRANT OF LETTERS
Estate of JANET HORNBECK
also known as
No. i" - <:::I S - 3 ~ '-\
, Deceased
Social Security No. 187324963
JAMES W. HORNBECK, II
Petitioner(s), who is/are 18 years of age or older, apply(ies} for :
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of Letters and aver that Petilloner(s) is/are the execut OR
Decedent. dated 8/30/1996 and codicil(s) dated N/A
named in the Last Will of the
State ......8nt drcumstance&, 8.g., renunciation. death of executoro-.etc j
Except as follows. Decedent did not many, was not dIvotced and did not hava a child born 0' adopted after execution of the documenllil offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters 01 Administration
.
(c.t.a.. d.b.n.c.la.: pendente lite. durante absentia; durante mlnoritate)
Petitioner(s) after a proper search has/have ascertailled the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Residence , I
.
(COMPLETE IN ALL CASES:) Attach additional sheets If necessary.
Decedent was domiciled at death in CUM&ERLAND County, Pennsylvania, with his/her last family or princip~
residence at 222 MESSIAH CIRCLE, MECHANICSBURG. PA
(list street, number and municipality)
Decedent, then 93 years of age, died ~UARY 27 ,2005, at MESSIAH VILLAGE
(Local,,")
Decedent at d..th......ed'1!<OPertY with estimated values as follows:
(ifd~ in PAl All personal property ......................................... S 680,000.00
~f nilt dQll1ll:lIed in PAl Personal property In Pennsylvania .................... S
(If not dllmR:iled in PAl Personal proparty in County .............................. S
Value'.of~ estate in Pennsylvania ........................................................................................ $
ToIal..................................................................................................................... $ 680,000.00
Real Eslate situated ...follOws:
Whe,efo,a. PeUtione,(s) respeclluUy requast(s) the probate of the Last Will and Codicil(s) presanted with this ~l'.l'ti,?"and the grant of "llll'rs in
the appropriate form to the undersigned: VU!, '~_<:_:':-:"'__' "- ",'~,;" " .V
SlgnaWre Typed 0' Printednain~&~.i~ce
JAMES W. HORNBECK II
19 WOODRIDGE ROAD
DURHAM NH 03824
,.
'....;'
jU jJtbU UJJtUJjd
RW.7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner(s) above-named swear(s) and 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 pers!lnal representative(s) of the Decedent,
"'''''''''''wO'_" "" "" odml'''''' "" ~,~ 1l
Sworn to and affirmed and subscribed :uJ
"AMES W. HORNBECK, II '
before me this I '2,.#.. day of .
I
t4~'d.~~~,,_-
.5l.- . ~'"":/Q-I-.
. ,.'-'1.
~.~.. ,.
DECREE OF REGISTER OF WILLS OF CUMBERlAND COUNTY, PENNSYLVANIA
Estate of JANET HORNBECK Oecel'lsed NO. ";). '\ - ~ S . ,'3 ~ '\
also known as
Social Security No: 187324963
Date of Death: 1/27/2005
AND NOW, "" ~'" ,,~ 2005 , in consideration of the Petitlion
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters llil Testamentary 0 of Administration
are hereby granted to JAMES W. HORNBECK, II
(c.t.a., d.b.n.c.t.; ~~te lite; durante absentia; durante minoritate)
in the above estate and that the instrument(s), if any, dated AUGUST 30,1996
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters .................................... $
510.00
Short Certificate(s) ..~.......
20.00
$
$
$
$
$
$
Inventory & Tax FormS............. $
-Other .wi!!.~.A\l.t9.m\l.ti.Q.(I......... $
Renunciation ..........................
Affidavit (
).......................
)..............
Extra Pages (
Codicil .................................
10.00
JCP Fee .................................
20.00
TOTAL .............................$
560.00
RW-7A
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Attorney V
L.,_
Attorney: DAVID R. GETZ, ESQUIRE
I.D. No: 34838
Address: WIX, WENGER ~\I\lE'PN~RlPOBOX ~5_
HARRISBURG PA 17108-0845
Telephone: (717) 234-4182
DATE FilED: 4/26/2005
HIO,.905 llEV.(0l104)
This' 'fy th tho . "l. \ - ~S .JClU
IS to cern at IS IS a true copy of the record which is on file in the Pennsylvania Division of Vital Records .lJ -, rdan
with Act 66. P.L. 304, approved by the General Assembly, lune 29, 1953. . 1ft acco ce
WARNING: It is Illegal to duplicate this copy by photostat or photograph.
~ ~ JI~
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
No.
Charles Hardester
State Registrar
3425274
APR a 8 Z005
Date
r)/OtJ03
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itcarin,PA
I. Female
....,,,,,
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_0
. 187-32-4963
DmtOFDEAflt(Mcnth,o.y.....)
.. January 27,,2005
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MOTiEfl'S NAME (fnl, MidcI!l. MBidtn Sur......
1 Annie Wilson
lNI'OFlMMT'SMAlUHGADDAESSlSlrar" - - >C<xlel
lioodridge Rd. Durham. N. H.
ION PLACl:OFDI --.,.d
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Plum Creek Cemetery
NAME MDAqDAE8SOF FN:IUTY
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McLauchlin
Hornbec'lt
.......(jI~D~IftInt....O
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03824
..
1M~:'t~,dIIlh
Hummel Ave
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2: 30 P. Ill. January' 27, 2005
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"IIIDICAI. :.'.1 )---\::'':':i.....; (lIem27)T~ClrPrtIll Michael L. Norris, Coroner
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I1L--................................................. .................................... .............. Mechanicsburg, Pa. 17050
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MANNEAOFDERH
TIME Of INJURY
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Coroner
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C;)
WILL
OF
.'
~-'J:
JANET HORNBECK ' )
.) C)
'i'\
r...j
N
I, JANET HORNBECK, of Allegheny County, Pennsylvania, declare
this to be my will, and I revoke all prior wills and Codicils that
I have made.
ARTICLE I
All estate and inheritance taxes (including interest and
penalties, if any), together with all administration expenses,
payable in any jurisdiction by reason of my death (including those
taxes and expenses payable with respect to assets which do not pass
under this Will) shall be paid out of and charged generally against
the principal of my residuary estate, without apportionment. I
waive any right of reimbursement for, recovery of, or contribution
toward the payment of those taxes and administration expenses,
except my executor shall, to maximum extent permitted by law, seek
reimbursement for, recovery of, or contribution toward the payment
of federal or state estate tax attributable to property in which I
have a qualifying income interest for life, over which I have a
power of appointment, or which is included in my gross estate by
reason of Section 2036 of the Internal Revenue Code of 1986, as
from time to time amended ("Code"), and which tax is not otherwise
-
,
paid or payable. Any generation-skipping tax resulting from a
transfer occurring under this will shall be charged to the property
constituting the transfer in the manner provided by applicable law.
ARTICLE II
A. I give all the tangible personal property that I own at
my death, inCluding any household furni ture and furnishings,
automobiles, books, pictures, jewelry, art objects, hobby equipment
and collections, wearing apparel, and other articles of household
or personal use or ornament, to JAMES W. HORNBECK, if my spouse
is living on the thirtieth day after the date of my death, or, if
my spouse is not then living, to such of my children as are living
on the thirtieth day after the date of my death, in shares of
substantially equal value, to be divided in such manner as they
shall agree or, if they shall fail to agree upon a division within
six months after the date of my death, as my executor shall
determine.
B. All costs of safeguarding, insuring, packing, and storing
my tangible personal property before its distribution and of
delivering each time to the place of residence of the beneficiary
of that item shall be deemed to be expenses of administration of my
estate.
2
ARTICLE III
I give all my residuary estate, and any property over which I
have a power of appointment, to the acting trustee or trustees of
that certain trust already creat7?.py me and known as the HORNBECK
j<J ~~T-y"~'
TRUST DATED the ~ day of bul~, 1996, as in effect at my death, of
which JAMES W. HORNBECK, II is trustee, for the Marital Trust and
for any Family Trust established under said trust agreement.
ARTICLE IV
A. I name my husband, JAMES W. HORNBECK as executor of
this Will, or if my husband fails or ceases to act as executor, I
name JAMES W. HORNBECK, II as executor of this Will, or if James
W. Hornbeck, II fails or ceases to act as executor, I name A~
KATHLEEN VANDENBERG and VIRGINIA LEE ANDREWS as co-executors.
No individual executor under this Will shall be required to furnish
bond or other security as executor.
B. If the appointment of an executor of my estate is
necessary or desirable in any jurisdiction in which no executor
herein named is able and willing to act, I direct that the court of
competent jurisdiction appoint a bank to serve as executor.
C. In addition to all powers granted by law, I give my
executor power, exercisable in the discretion of my executor and
3
,~ . . "
without court order, to retain, sell (at public or private sale),
exchange, lease for any term (even though commencing in the future
or extending beyond the date of final distribution of my estate),
mortgage, pledge, or otherwise deal for any purpose with the
property, real or personal, from time to time comprising my estate,
for such consideration and on such terms (with or without security)
as my executor shall determine; to borrow money for any purpose, at
interest rates then prevailing, from any individual, bank, or other
source, irrespective of whether that lender is then acting as
executor; to invest in any property whatsoever; to compromise or
abandon any claims in favor of or against my estate; to hold any
property in the name of a nominee or in bearer form; to employee
accountants, depositaries, attorneys, and agents (with or without
discretionary powers); to execute contracts, notes, conveyances,
and other instruments, including instruments containing covenants
and warranties binding upon and creating a charge against my
estate, and containing provisions excluding personal liability; to
make distributions wholly in cash or in kind, or partly in each; to
allot different kinds of disproportionate shares of property or
undivided interests in property among the beneficiaries; and to
determine the value of any property distributed in kind.
D. I empower my executor (i) to make such elections under
the tax laws as my executor deems advisable, including an election
4
. .
to create qualified terminable interest property for both estate
and generation-skipping tax purposes or for estate tax purposes
alone, and (ii) to allocate the unused portion, if any, of my GST
exemption (as defined in this paragraph), to any property with
respect to which I am the transferor for generation-skipping tax
purposes (irrespective of whether such property passes under this
Will) in such manner as my executor deems advisable, in each case
without regard to the relative interests of the beneficiaries;
however, my executor shall not make adjustments between principal
and income, or in the interests of the beneficiaries, to compensate
for the effects of such elections and allocation. Any decisions
made by my executor with respect to the exercise of any tax
election or the allocation of my GST exemption shall be binding and
conclusive on all persons. As used in this paragraph, with "GST
exemption" means the exemption from generation-skipping tax allowed
under Section 2631 of the ~.
E. I direct that the compensation of the corporate executor,
if any, shall be in accordance with its published schedule of fees
as in effect at the time the services are rendered.
ARTICLE V
My husband and I are at approximately the same time executing
wills containing similar dispositive provisions. These Wills are
5
,
, ....
not the product of any agreement or contract and my husband shall
be free to dispose of any property whether acquired under this
Will, or otherwise, either during his lifetime, or by will as he
sees fit.
WITNESS my hand this .:30'&day of a.{~ ' 1996.
J:~J
On the date last above written, we saw JANET HORNBECK, in our
presence, sign the foregoing instrument at its end.
She then
declared it to be her Will and requested us to act as witnesses to
it. We then, in her presence and in the presence of each other,
signed our names as attesting witnesses, believing her at all times
herein mentioned to be of sound mind and memory and not acting
under constraint of any kind.
WITNESS:
ADDRESS:
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA : SS:
COUNTY OF BUTLER
I, JANET HORNBECK, Testatrix 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
this instrument as 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 c=t,'ne.~ 1f,.."",ln..le... L
ET HORNBECK
Sworn or affirmed to and ackno
named Testatrix, this ~ 0 day of
the above
AFFIDAVIT
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COMMONWEALTH OF PENNSYLVANIA : SS:
COUNTY OF BUTLER :
We, --.J~e v..l ~~cu.<.. and RmS,l!/ LI1Vt"4tA/rl<L.UY~
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 Testatrix sign and execute the
instrument as her Last Will and Testament; that she signed it
willingly and that she executed it as her free and vOluntary act
for the purposes therein contained; that each of us in the hearing
and sight of the Testatrix, signed the will as witnesses; and to
the best of our knowledge the Testatrix, was at that time eighteen
(18) or more years of age, of sound mind and under no constraint
or undue influence. ~~ ~
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Subscribed and sworn to bef me bJl. the abov named
wi tnesses, this ::J II day of v-~, 9 6
b:.10~'born-~n.w~~
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