HomeMy WebLinkAbout05-21-79
MYERS. MYERS.
FLOWER & JOHNSON
ATTORNEYS AT LAW
THIRD &: MARKET STREETS
LEMOYNE. PENNA.
1 W. HIGH STREET
CARL.ISL.E. PENNA.
IN RE: ESTATE OF CLARENCE
M. SMITH, LATE OF THE
BOROUGH OF CARLISLE,
CUMBERLAND COUNTY,
PENNSYLVANIA, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUr~ERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ~ J - '1/f -(.- 3'1
/
NOTICE OF ELECTION
TO: FLORENCE E. CHRONISTER AND MILDRED W. ZEIGLER,
CO-EXECUTRICES OF THE LAST WILL AND TESTAMENT
OF SAID DECEDENT:
TO: REGISTER OF WILLS AND CLERK OF THE ORPHANS'
COURT OF CUMBERLAND COUNTY, PENNSYLVANIA:
YOU WILL PLEASE TAKE NOTICE that I, Margaret M. Smith,
widow of the said Clarence M. Smith, Deceased, do hereby elect
to take against the Will of the said Decedent, dated September 26,
1966, and against all conveyances inter vivos made by the
Decedent which may be treated by me as testamentary dispositions
so far as I am concerned under Act No. 23 of 1978, and in lieu
thereof to take and receive the share of the Decedent's Estate to
which I am entitled by my election, as provided in 20 Pa. C.S.A.
2202 et seq. and request you record and file this Notice in
accordance with the Act of Assembly in such case made and Drovided
~ I
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i / I ! <r/ '; !/J) " ! I i \ ''F7'1
Margaret M. Smith
. ' .; f)r"'",~ ')J3
b~'J'\ oL'...O I t\~_ ,., ,
CO~~ONWEALTH OF PENNSYLVANIA)
SS. :
COm~TY OF CUMBERLAND
(
nR
On this / / --- day of May, 1979, before me, a Notary Public,
in and for The Commonwealth of Pennsylvania, personally appeared
the above named Margaret M. Smith, widow of Clarence M. Smith,
Deceased, and in due form of law acknowledged the said Notice of
her Election to be her act and deed for the purposes therein
mentioned, and desired that the same might be recorded as such.
WITNESS my hand and official seal the day and year aforesaid.
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RCC-33 (4-73)
4< / /7 j
c/I- 7 eP-1J C. P;
COMMONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
RESIDENT DECEDENT
COUNTY OF CUMBERLAND
IMPORTANT:
This return must be completed in detail and filed in duplicate, with all attached, with the Register of Wills of the
County where decedent resided; Return is due within nine months after date of death, unless an extension is granted
by the Secretary of Re\tenue. (Section 703 of the Inheritance and Estate Tax Act of 1961.)
Late of
CumbErland
} AFFIDA VlT OF
--- EXI,CUTOl<< rices
XW~~~
County
IN THE MATTER OF THE ESTATE OF
CLARENCE M. SMITH
(STATE FULL NAME OF DECEDENT)
State of
Pennsylvan ia .)
Cumberland
-------
5S:
County of
~IXil[NiHiIDfIX
Florence E. _Ch!,<:>Qi~teF an<:!Mjldr~~W. Zeigler
of the estate of the above-named decedent being duly sworn, depose
Execuroi:ces
and say
Decedent died
December
12
, 19~. 8 {testate leaving a last will, copy of which is hereto attached. }
'YEAR) iKt~
(MONTH)
Name and address of attorney or I
other outhorized representotive to whom r
all correspondence should be frlo;)ed. )
f DAY}
Robert_ M. Fr'ey
5 South Hanover StreeLCarlisle, Pa. 17013
That as such Executrices _deponent is familiar with the affairs of said estate and the property constituting
(EXECUTO R-ADMIN I ST RA TO R)
the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly with, or
as agent or deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the
exception of the fllllowing: -
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION
IN WHICH DECEDENT RENTED A S.~FE DEPO::!T BOX
THiS SAFE DEPOSIT BOX F<Er--JTED
IN Np.ME OR r'~Arv:FS OF
RELATIONSHIP OF JOiNT
HOLDERS TO DECEDt:NT
Clarence M.-- Smith
Florence Chroniste~
Power of Attorney
I
=1
Farmers Trust COtr!,2any
One West High Street
Carlisle. Pa. 17013
Da ughter
That the contents of sa id safe deposit box or boxes are itemized under Schedules
wi th the exception of the following, for the reasons hereinafter set forth:
II of this return,
That Schedule A attached hereto and made part hereof sets forth fully and in detail all the real property
in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It also sets forth the
mortgage encumbrances upon each parcel of real property at the date of death, giving the amount still due at
death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the
columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof
as of date of death of decedent.
That Schedule B attached hereto and made part hereof sets forth full.. and in detail all personal property
wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of
death, whether in decedent's immedia te pos se s s ion, s tanding to decedent's credit in bank s of deposit, savings
banks, trust companies, or other institutions, whether individually, or in trust for any other pelson or persons
giving also separately the accrued interest thereon, if any, down to the last interest day prioi [(. decedent's
death in the case of savings banks, and to the date of decedent's death in all other cases; all bonds, postal
savings, treasury certificates or notes and other evidence of indebtedness of the United States to the de-
cedent; all obligations, whether by statute or agreement they are designated as tax free, of the United States,
or any state, or political subdivision thereof, or of any foreign country, which are owned at the time of death;
all wearing apparel, jewelry, silverware, pictures, books, works of art, household furniture, horses, carriages,
automobiles, boats; and any and all other personal chattels of whatsoever, kind or nature, left by decedent,
together with the fairly estimated market value thereof; all bonds and mortgages held by decedent and of all
claims due and owing decedent at the time of death, and all promissory notes or other instruments in writing
for the payment of money of which decedent died possessed, of whatsoever nature, with interest thereon, if
any, giving the face value and estimated fair market value thereof, and if such estimated fair market value be
less than the face value, it sets forth briefly the reasons for such depreciation as to each item; all moneys
payable to the estate from life insur"nce policies carried by decedent: all annuity and endowment contracts
the proceeds of which were payable llf'C':1 the dea tll of the decedent: all and the corporate stocks and dividends
due thereon and unpaid as OC :i" "e death, bonds and accrued interest thereon to the date of decedent's
death and other investnh : ",_,1 by tile dl:cedcnt at the time of death, with the market value there-
of at such time.
/ C) -,} 0 :;-- ;)-
In the case of securities of close or family corporations, the values reported are as far as
possible substantiated by financial statements of the corporations, showing the assets and liabilities
thereof as of the date of death. The schedule also sets forth the interest of decedent at the time of
death in an~' co-partnership or business, and in support of the value of such interest there is annexed to
said schedule, financial statements showing the assets and liabilities of said co-partnership or l),usiness.
A copy of the co-partnership agreement, (if oral, a statement setting forth the nature of the agreement)
together with a statement setting f'orth the character of the business, its location, and such other facts
pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest
therein mllst be submitted. It should also set f'orth in itemized form, together wfth the" fair market value
there'of, any other propert:r owned or bequeathed by the decedent at the time of death.
The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry
contained therein and in the case of' transfers of property, real or personal, within two years of decedent's
death, in contemplation of decedent's death, or int.ended to t.ake effect. in possession or enjoyment at or
after deat.h, said schedule sets fort.h the nature and value of such propert.y, to whom transrerred, the
relationship of t.he transferees to the decedent, the proportionate share received by each transferee and
all other facts of a pertinent nature regarding said transfers. In the case of transfers intended to
take ef'fect in possession or enjoyment at or after death, there is also attached to the schedule a cony
of the deed, trust agreement or other instrument creating the trust. Ther.~ is also set forth in said
schedule a list of all property, real and personal, with its value, which pa~ses at decedent's neath L:.'
virtue of the exercise by decedent, either individually, .01' jointly with another, or any power of appoint-
ment vested in decedent, either individually or jointly, by the will, deed, or other instrument of another,
with a copy of the instrumen't creating stich poweratt-ached to the schedule.
That Schedule D attached hereto and made part hereof sets forth the names and addresses of nli
persons beneficially interested in this estate at the time of decedent's death, the nature of their res-
pective interests, their relationship, if any, to the decedent, together with the ages at the time or
decedent's death of all minors, annuitants and beneficiaries for life under decedent's Will. It also
contains a statement showing which of the beneficiaries named in the decedent's will, if any. died prior
to decedent, the dates of their death, their issue, and the relationship ot' such issue to tlw h,'""ficiary.
That Schedule E attached hereto and made a part hereof sets forth all property, real and per-
sonal, owned by the decedent jointly with another or others, including intangible, standing in the name
of the decedent and others, plus the date and place of record of instruments effecting the \ esti ture of
real estate and the date of acquisition of personalty, plus the name, address nnd r.,lat.jol\<;!;;".;r
of co-owners to the decedent.
That Schedule F attached hereto and made a part hereof sets forthfnll" ,,,,<'I :i.. d,"',;! "1'1 'l"l"~
and deductions claimed for and on behalf of this decedent's estate, including i'<;nsntl px;,"nses paId:
family exemption, where applicable; costs of administration of this estat<:': enm'~:',J t...,,;,, ',:,1 ~'l\dlclr,~,'
commissions paid or to be paid; cost expended for burial trusts, tOlnlJsto,w" ur ;~l';" ,.",.~ ",;.: ;..., i--
gious services, in consequence of the death of the decedent; debts and claims owing [md unpaid [tt time of
death; taxes accrued chargeable for period prior to decedent's death (except those allowed und,,!' S,-'ct]nn
651 of the Inheritance and Estate Tax Act); together with a stat.ement (.1' ('ollcit.'rn! l't..,>'....,' ~'.,~ nhliQ'-
tions, if any. It ts agreed that the fiduciary will present proof of ;,aid "l,~lHi,'d ,\t,il li' ',,, ,,;.,)1\ l '-
quest, that if the amount actually paid in settlement of any fee, commission or debt is less than the
estimated amount claiming and allowed, that the same will be reported to the Register of Wi) Is, and thill
the amollnt of tax assessed can be reassessed in accordance therewith.
That the totals of the appropriate columns in Schedules "A", "B", "en, "E", and "F" as directed therein,
Subscribed and sworn to before me this '................................
summ~~JJQ ~~ hf~____
~;';ce E. c~~t;r
~J~.;~d ,Pa. 1:0~3_____
Mildred Zei er
.. ......................................... ................................. ..,......."......,....-.......
R. D. 1~ (:R:ttd~'R~d<
BO.ili(Ei~P~11j~;~'~~q~~~~7q .
have been carried forward and properly registe~ed in the
"'.
""......".."'),.,....J..,,~q,, day of ."qAq~....q"q."q'"'''''' 19ou.7.~"..
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yk:f:q-:-~-::qqq.q..qqqq~ q... . q" ""q'"''''''
Notary Public Carlisle Cumberland County
""y Commission Expires August 16. 1979
NOTE: Before signing affidavit make sure all blank spaces in the affidavit and schedules :mnexerl "1'('
filled in with details or the word "None", and in case the assets include rare and unlisted se(,l1ritie~"
seeuri ties of close or family corporations or an interest in any co-partnerShip or business. t.hat thf'
data and statements required under the paragraph above relattng to Schedule "D" are Ilttached.\lso mal:"
certain that column #1 in the "Summary" has been properly completed as above-tlirecteri.
RC C-34 (4-73)
COMMONWEALTH OF PENt-iSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "A"
REAL PROPERTY
*
Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece-
dent. Property held by the decedent as tenant in common with another or other, should be identified
as to quantum of interest and the estimated value should be that of the decedent's interest only. (Property
held as joint tenants with right of surviorship or tenancy by entireties should be reported on Schedule "E.")
The real property located in the Commonwealth of Pennsylvania should be
described by lot and block number, street and street number, together wi th
a general dE'lsniption of the property, with a reference to the record of the
conveyance by whi ch the decedent took title; if a farm state number of a-
cres; 01';0 statement of mortgage encumbrances upon each parcel at death
of decedent. To',es, assessments, accrued interest on mortgages, etc.,are
to be listed on Schedule "F" and must not be deducted from this schedule.
(1 )
(2)
(3)
DEPARTMENT
VALUA TlON
CAUTION
(Do not write
In this space)
ASSESSED VALUE
FOR YEAR OF
DECEDENT'S
DEATH
ESTIMA TED
MARKET VALUE
ALL those certain properties located in the
Second Ward of the Borough of Carlisle~ Cumberland
County~ Pennsylvania~ bounded and described as
follow s:
TRACT NO.1: ON the West by South
Hanover Street; on the North by property formerly
of Jasper Sharp, known as Sharp's Dairy Store; on
the East by an alley known as Poplar Alley; on the
South by property described in Tract No.2 below.
HAVING thereon erected a 3-story brick
building, storeroom~ etc. ~ and being known as Nos.
25 and 27 South Hanover Street~ and containing 30
feet~ more or less~ frontage on South Hanover
Street and running an even width to Poplar Alley
220 feet~ more or less~ measured from the building
line on South Hanover Street to the building line on
sa id alley.
TRACT NO.2. ON the North by property
described as Tract No. 1 above; on the East by said
Poplar Alley; on the South by property for merly of
John C. Fletcher, now of Robert Cook; and on the
West by South Hanover Street; having a frontage on
South Hanover Street of 30 feet, more or less. and
running an even width to Poplar Alley, 220 feet~ mor e
or less~ measured from the building line on South
Hanover Street to the building line on said Poplar
Alley.
HAVING thereon erected a 3-story brick
building on South Hanover Street known as No. 31
South Hanover Street.
BEING the same property which Jacob E.
Trimmer and Martha M. Trimmer~ husband and
wife~ by deed dated July 3~ 1953~ and recorded
July 3~ 1953, in the Office of the Recorder of Deeds
in and for Cumberland County at Carlisle~
Pennsylvania~ in Deed Book "H" ~ Volume 15~ Page
482, granted and conveyed to Clarence M. Smith
and E. Grace Smith, husband and wife. The said
E. Grace Smith having died the 15th day of Novembe J
1955~ title to the same remained vested by operation
of law solely in her surviving spouse~ Clarence M.
Smith. Estimated Market
1978 Assessment: $26~ 560. OcrValue - $22~J 000. 00 106~ 240. 00
V
225~ 000.00"
Insert this total opposite "real property", Schedule "A" in the X X X X X
"As Reported" column on the last page of this return.
~:lS 000.00
\
RCC-35
RESIDE~I DECEDENT
SCHEDULE "B"
PERSONAL PROPERTY
CO~fONWEALTH OF PENNSYLVANIA
TRANSF~R INHERITANCE TAX
INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually
by the decedent, at the time of his death. Property owned by the decedent jointly with another or others
must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but
payable at death to another or others, including but not limited to P.O.D. U. S. Savings Bonds and tenta-
tive trust accounts, must be listed, despite the fact that they are not of the administered estate.
Tangible personal property should be listed first (e.g. jewelry, wearing apparel, household
goods, and furnishings, books, paintings, automobiles, boats, etc.)
Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank,
stocks, mortgages, notes, together with accrued interest or dividends, salaries or wages, insurance pay-
able to the estate or fiduciary in said capacity, partnership interests, interest in any undistributed
estate of or income from any property held in trust under the will or agreement of another, even though
located outside of the State, at the time of death, should be listed in this schedule.
Item
No.
ITEM
List and describe fully
UNIT
VALUE
ESTIMATED
MARKET VALUE
DEPARTMENT VALUATION
(Do no t wri te in
this space)
1
Balance Farmers Trust Company checking
account #4 - 3827 - 8
I~""""-
1,658. SO
2
Balance Farmers Trust Company checking
account #5-2652-5
v
893.79/
3
Balance Farmers Trust Company passbook
savings account #1-08959-6
----
92.8V
_/V'
9,721. 30
4
75% equity in business known as Smith Music
House
Insert this total opposite "Personal Property", Schedule "B" in
the "As Reported" column on the last page of this return.
x X
12,366.75
Ie{ ~~~o ?:J
/
Rec - 36
COMMOX\VEALTH OF PE~NSYLV AN I A
TRANSFER IXHEIUTANCE TAX
SCHEDULE "c"
TRANSFEllS
RESIDEXT DECEDE:\T
(1) Did decedent, within two years of de 11th, make any transfer of any material part~qf his estate, without
receiving a valuable and adequate consideration therefor? (Answer yes or no) l~O
(2) Did decedent, within two years of death, transfer property from himself to himself and another or
others (including a spouse) in joint ownership? (Answer yes or no) No
(3) If the answer to (1) or (2) above is in the affirmative state:
(a) Age of decedent at time of transfer
(b) State of decedent's heal th at time of making the transfer. (Note 1).
(c) Cause of decedent's death. (Note 1).
(4) Did decedent, in his lifetime, make any transfel' of property without receiving a valuable or adequate
consideration therefor which was to take effect in possession or enj0yment at or after his death?
(Answer yes or no) ~O
(a) Was there any possibility that the property transferred might return to transferer or his
estate or be subject to his power of disposition? (Answer yes or no).
(b) What was the transferee's age at time of decedent's death?
(5) Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration
therefor under which transferor expressly or impliedly reserves for his life or any period which does
not in fact end before his death:
(a) The possession or enjoyment of or the right to income from tht' property transferred?
(Answer yes or no) ~o
(b) The right to designate the persons who shall possess or enjoy the property transferred or
income therefrom? (Answer yes or no) ~o
(6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent
alone or others
(7) Did decedent in his lifetime make a transfer, the consideration for which was transferee's promise to
pay income to or for the benefit of care of transferor? (Answer yes or no) ~o
(8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change,
because of a reserverl power to alter, amend, or revoke, or which c01l1d revert to decedent under terms
of transfer or by operation of law? (Answer yes or no) ~o
(9) If the answer to (8) above is in the affirmative, was the power to alter, amend, or revoke the inter-
est of the beneficiary reserved in the dec~dent alone or the decedent and others?
(Answer yes or no) ~o
NOTE 1: The answers to these questions should be supportect by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2: If answer to any of the above questions is yes, set forth below a d,;:scription of the property
transferred, it's fair market value at date of death, dates of transfers and to whom transferred, with
relationship of transferees to decedent, if any. Submit copy of any trust deed or instrument, if trans-
fers are claimed to be non-taxable, also submit detailerl statement of facts on which said claim is based.
NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E.
ITEM
DESCRIPTION
MARKET VALlIE
(Estimated)
DEPT. VALUATION
(Dept. Only)
~O~E
none
Insert this total opposite "Transfers", Schedule "CO in the
"As Reported" colunm on the last page of this return.
-0-
/YL dlUJ
flCC-37 (12-63)
CO..nlO~WEALTII OF l'EN:\'SYYLANIA
TRANSFER II\;HERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "0"
BET\EFICIARIES
\
h
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED
(If step-children or DATE INTEREST OF
State rull names and addresses of all who illegitimate children DECEDENT OF BENEFICIARY
ave an interpst, vested, contingent or other- are involved, set STA TE YES IN ESTATE
Vv i ~';f', ~n estate) forth this faeL) OR NO BI RTH
Margaret M. Sm~ th I
-
138 Conway Street I
i
--
Carlisle~ Pa. 17013 widow yes life estate in residue
Florence E. Chronister I i i
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Rox 587 r I i 50% remainder interest
Carl isle~ Pa. 17013 daughter yes i in re s idue
-t
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Mlldred Zelgl_er
R. D. #1~ Ridge Road
Boiling Springs~ Pa. 17007
step- son
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,
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I 50% remainder interest
~ in residue
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1$1' 000. 00
I
daughter
William F. Kennedy
30 "G" Street
Carlisle~ Pa. 17013
NOTE: Richard S. Kenned
I
step-son of decedent~ pre- I
_ deceased decedentl havine died I
November 2~ 1978 I
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Deponent further says t.hat all the above-named beneficiaries are living at this time except below:
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RESIDENCE
NAME
DA TE OF DEATH
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SUMMARY
(Sch. "A")
...(Sch. "B")
.. ........( Sch. "C")
Real Property.. ......... ........
Personal Property . .......... ... ......
Transfers
Gross Taxable Estate.
( 1 )
(As Reported)
$ 225,000.00
$. 12,366.75
$.
$
$
$2}7,.. 366. 75 .
(2 )
(As Determined)
$
$
$
$
$
$
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CUM\lONWEALJ II OF PENNSYLV/\;';f,\
TRANSFER INHERITANCE TAX
SCHEDULE ,. E"
lU~SiDE[\T DLCELJEr-;T Jul\' iL '( O\~NED PROPER"!"'{
..:LJJ~_~..0.~~ef'_ Of' uUlf~rs, incltu~_LrL; jucdII.,2:i[;lf_'_':~'~ st(crldir.,~_~ iLl Ljto:~: {t
L'<ST[{UCTfONS: !'Ids .,-;chedllle 1IIli',L r11scL(J~,e ":1 property, reed "md i,ersonid, ~led by the decedent jJi~t1y
{) I' trot.: d~-' cc'den t. hJJd 0 the I','j. [;(~; t
f'f-_";ll ('sLate f'irst~ :1:3 entireties, ur joint GeJlilnt~), f:~il/Ln;.; uriel' (1f~s("rj_iJLion, as incUc'u.ted lUldec Scllc'IHde
":\i'l, pLus the date <Hill pJace or 18i;ord of instrument eff\;(~tlrI6'/est>iLJC;~:~ hilt rko: not include i~Ilti.reti(~s
or ()ut (if' state i~pal f~state value in estace VctluD.Lion cclullin6 Pers;:)nal rjro~)ert.y' shoul{~ i)e lisced [-:..s in
Schedule "un, plus date of acquisi tlon, iWel the name, address i'nd relationsJJtp (if any) of co-owners U.
t.h0 decpden t.
lJesC'ription or Propert.y,
percentage Estate
Share Valuation
DE.'PARTMENT VALCATION
C AUTION-.Do no t Wri. te
In Thls Sp"-ce.
Value of"
Entire
Propert.y
Value of'
De(~eden t' s
interest
NONE
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fn5ert this tot.al opposite "Jointly Owned Property", Schedule "E"
ill the "As lleported" collurrn on the last page of this return.
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