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HomeMy WebLinkAbout09-15-06 Ii ~ IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY STATE OF FLORIDA EXEMPLlFIED COpy OF THE RECORD OF ESTATE OF NEIL A. O'DONNELL A/KIA NEIL JOHN O'DONNELL o Co ':~~ _JJ 7' ~3~~ - :::::J :~J --.j ~:> DECEASED ,....." = = c:T' (/) rl'1 -0 J:J rn (::J C:) ::0 C:J r-rt CJ C") --rl -n C) n. ./1 (-:-J -r-' Ul ;po :x '2 C) ex> , . ~ " ,I 1 Sheila O'Donnell Broderick 360 Wickford Point Road N. Kingstown, RI 02852 Daughter Adult Nancy O'Donnell Kiely c/o 400 Westlake Drive Valhalla, NY 10595 Daughter Adult 4. Venue of this proceeding is in this county because it was the county of the decedent's residence at the time of the decedent's death. 5. Edwatd T. Broderick, whose address is 360 Wickford Point Road, N. Kingstown, RI 02852, and who is quallified under the laws of the State of Florida to serve as personal representative of the decedent's estate is entitled -to preference in appointment as Personal Representative because the individual was nominated to serve as Personal Representative under decedent's Last Will and he is the decedent's son-in-law. 6. The nature and approximate value of the assets in this estate are: NATURE OF ASSETS APPROXIMATE VALUE Personal Property over $30,000 7. This estate will be required to file a federal estate tax return. 8. Domiciliary or principal proceedings. are not known to be pending in another state or country. 9. The decedent's last will dated June 25, 2003, a self-proved' will with two (2) witnesses, named SheryllA. Thogersen and Cheryl Belanger, is in the possession of the court. 10. Petitioner is unaware of any unrevoked will or codicil of decedent other than as set forth in paragraph 9. Petitioner requests that the decedent's Will be admitted to probate and that Edward T. Broderick be appointed personal representative of the estate of the decedent. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on V - , ,2006. ~ r: fl-J-/\ /f7~ Cl i -.z:.- () Edward T. Broderick, Petitioner Thomas C. Lee, Jr. Attorney for Petitioner Florida BarNo. 01443 7 Gunster, Yoakley & S wart, P.A. 3055 Cardinal Drive, S ite 301 Vero Beach, Florida 3 963 Telephone: (772) 234- 040 ,I Of . . . , ./ .#l6q.. LAST WILL AND TESTAMENT OF ~:~1 ~!' n'. OJ '.I/"~i,.f ;L~ JtFF~~V I:. r.';7~~t f,t~mc JUN 22 2006 NEIL A. O'DONNELL ~..:)~.;,~.~?j h... ~~ t tf.C:.1rr tiT __ ~fU1Y ta'( I, NEIL A. O'DONNELL, a resident of St Lucie County, Florida, revoke all p publish the following as my Last Will and Testament. ARTICLE 1 FAMILY .', I am not married., I am a citizen of the United States. I have been previously married and have five childten from that marriage, NEIL F. O'DONNELL, KATHLEEN A. O'DONNELL, SHEILA O'DONNELL BRODERICK, NANCY O'DONNELL KIELY, and EILEEN ROSEl'fBERG. References to "my children" mean my children named above, except my daughter EILEEN ROSENBERG, whom I expressly exclude from any provision of this Will and wIho, along with her descendants, is to receive no benefit under it; references to "my descendants" mean my children named above and their descendants (except my daughter EILEEN ROSENBERG and her descendants). ARTICLE 2 SPECIFIC GIFTS OF TANGIBLE PERSONAL PROPERTY I make the folloWing gifts: 2.1 Separate List for Tangible Personal Property. I may make gifts oftangible personal property' (excluding property used in a trade or business) by means of one or more separate written lilsts. To be effective, a separate list must be signed by me, and must identify the items and persons to receive them with reasonable certainty. If there is a conflict, I confirm the gift of that item made in the most recent list. My Personal Representatives will not be bound by any written list produced or discovered more than two months after my death. 2.2 Other Gifts. I give all my remaining tangible personal property not given by other provisions Qf this article, including furniture, household furnishings, motor vehicles, clothing, jewelry,! and personal effects (together with all insurance on those items), to those of my children who survive me, in shares as nearly equal in value as is reasonably practical. 2.3 Special Terms. All gifts of tangible personal property under this article are subject to the following conditions. Trust for Minors. Ifany beneficiary under this article is a minor, the Trustees shall hol that beneficiary's share for the use and benefit of the beneficiary during his or her minori . Alternatively, the Trustees in their discretion may cause all or any part of that share to e: distributed to the beneficiary or to any adult having custody of the beneficiary when ver the Trustees deem appropriate; sold and the proceeds used for the benefit of the ben ficiary; sold and the proceeds added to the share of my estate to be held in trust for the be ficiary; or disclaimed for and on behalf of the beneficiary by my Personal Representatives. ,I " (] Division by Personal Representatives. If the persons entitled to these items cann t agree upon a division within six months after my death, my Personal Representatives hall divide these items in their discretion among those persons, and that division will be onc1usive and binding. (c) Delivery Expenses. All expenses of storage (before distribution), packing, shippilllg, insurance, delivery, and other reasonable and necessary charges in distributing these items are to be paid as an expense of administration of my estate. ARTICLE 3 RESIDUARY ESTATE I give all my Residuary Estate to the then serving trustees of the Neil A. O'Donnell Trust, created today prior to the execution of this Will (referred to in this Will as "my Revocable Trust"), as it now exists or may be amended after the execution of this Will, for administration under its terms. If the gift to that trust is ineffective for any reason, I give all my Residuary Estate to the Trustees upon the same terms and conditions set forth in that trust as of this date. I incorporate those terms by reference, but only for the purpose of this contingent gift. ARTICLE 4 ApPOINTMENT OF PERSONAL REPRESENTATIVE I appoint EDWARD T. BRODERICK as my Personal Representative. Ifhe fails or ceases to serve, I appoint: SHEILA O'DONNELL BRODERICK to serve as Personal Representative. If all of the above named persons fail or cease to serve, I appoint the following persons to serve as successor Personal Representatives, in the order of priority stated: (a) KATHLEEN A. O'DONNELL; (b) NANCY O'DONNELL KIELY. A Personal Representative will be entitled to reasonable compensation. I direct that no Personal Representative be required to post bond or other security. ARTICLE 5 SURVIVAL PROVISIONS If any beneficiary is required to survive me or another person to receive a distribution, and if the beneficiary does not survive me or that other person by 90 days, or if that beneficiary cannot be located ~ithin one year after my death despite reasonable attempts by my Personal Representatives to locate that beneficiary, the beneficiary will be treated as ifhe or she died before me or that other person. INITIALS q ii " ) 1 ARTICLE 6 PAYMENTS OF OBLIGATIONS, EXPENSES, AND TAXES My Personal Re esentatives shall pay all of my obligations, expenses, and taxes as follows: 6.1 Obligations. I direct that my legally enforceable obligations (except those secured by mortgages or other security instruments) be paid in the order and manner prescribed by law. 6.2 Efpenses and Taxes. The term "expenses" includes all estate transmission or management e1'penses of my probate estate and all costs of my last illness and funeral; the term "estate taxef' means all state and federal estate, inheritance, or transfer taxes payable by reason of my I death (including the generation-skipping transfer tax on any direct skip created by the express terms of this Will rather than by disclaimer), plus any related interest and penalties attdbutable to these taxes, but excluding any other generation-skipping taxes, I direct that all e~penses of my estate and all estate taxes charged with respect to my gross estate for estate ~ax purposes (including estate taxes on assets that do not pass under this Will) be paid by tihe trustee of my Revocable Trust, as permitted under Section 733.817 and despite Section 7$8.05 of the Florida Statutes. For these purposes, I incorporate by reference the tax apportio$ent provisions of my Revocable Trust. To the extent these amounts are not paid by my Revocable Trust, they are to be paid from my Residuary Estate, without apportionment, ekcept to the extent provided in my Revocable Trust as to nonprobate and nontaxable assets. ARTICLE 7 FIDUCIARY POWERS I grant to my Personal Representatives and the Trustees (collectively referred to as "the Fiduciary") full power to deal freely with any property in my estate, as specifically enumerated in S ctions 733.601-619 of the Florida Statutes. The Fiduciary may exercise these powers, inc uding the power to sell any real or personal property at public or private sale, independen ly and without the approval of any court. No person dealing with the Fiduciary need i quire into the propriety of any of its actions or into the application of any funds or assets. e Fiduciary shall, however, exercise all powers in a fiduciary capacity for the best interest 1f the beneficiaries of my estate. ARTICLE 8 TAX ELECTIONS I direct my Pers nal Representatives to make federal estate and generation-skipping tax elections as ins cted by the trustees of my Revocable Trust with respect to transfers under that trust. My Pe sonal Representatives are to be held harmless from any liability in making elections as direc ed by those trustees. INITIALS q tJ iii j ARTICLE 9 TRANSACTIONS WITH OTHER ENTITIES My Personal Re resentatives may buy assets from other estates or trusts, or make loans to them, so that fumds will be available to pay claims, taxes, and expenses. My Personal Representatives cian make those purchases or loans even if they serve as the fiduciary of that estate or trust, an~ on whatever terms and conditions my Personal Representatives think are appropriate, excejpt that the terms of any transaction must be commercially reasonable. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 Definitions. As used in this Will, the following terms have the meanings set forth below: (a) Residuary Estate means my estate left after paying all pre-residuary gifts in this Will and all expenses and charges (other than estate taxes). (b) Trustees refers to my Personal Representatives, acting as trustees for any trust created in this Will. When serving as Trustees, my Personal Representatives will have all the powers granted to trustees under Florida law, as well as the powers specified in this Will. ( c) The words will and shall are used interchangeably in this Will and mean, unless the context clearly indicates otherwise, that my Personal Representatives must take the action indicated; as used in this Will, the word may means that my Personal Representatives have the discretionary authority to take the action but are not automatically required to do so. 10.2 NCittices. Any person entitled or required to give notice under this Will shall exercise that power by a written instrument witnessed by two impartial persons, clearly setting forth the effective date of the action for which notice is being given. The instrument may be executed in counterparts. 10.3 Certifications. (a) From Trustees. For some purposes, my Personal Representatives are instructed to rely on a certificate from the trustees of my Revocable Trust as to certain tax elections and otlier matters. That certificate must be in writing and witnessed by two impartial person~, but need not be notarized. It is to be delivered to my Personal Representatives i the same fashion as provided for other notices. (b Facts. A certificate signed and acknowledged by my Personal Representatives r the Trustees stating any fact affecting this Will, my estate, or any trust iv .' " . IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA PROBATE DMSION ; il..d;' i-.Jf<\ ~~ F,.C..~Y p, ;)Rnr,.,Tt.!\1\;H"" :"'lJt!I.~, . \J'~ J- ~ . _. ...., 1"" i ~ \. ') l C I He U \I / c: c) L! r.. I ,-,,: ,.1 ,', 06 ~UG 14 M111: 48 INRE: ESTATE OF INDl;~,ii: 'i:nVEi': CCIJN! 'r By________ -~, -------'- File No.: P-2006- 0'( (., q NEIL A. O'DONNELL, also known as NEIL JOHN O'DONNELL (Judge Robert A. Hawley) Deceased. PETITION FOR ADMINISTRATION Petitioner, Edward T. Broderick, alleges: I. Petitioner has an interest in the above estate as the person nominated to serve as Personal Representative in the Decedent's Last Will. Petitioner's mailing address is 360 Wickford Point Road, N. Kingstown, RI 02852, and the name and office address of petitioner's attorney are set forth at the end of this petition. 2. Decedent, Neil A. O'Donnell, also known as Neil John O'Donnell, whose last known address was 1807-6 Aynsley Way, Vero Beach, Florida 32966, and whose age was 72 years and whose social security number was 064-26-1624, died on December" 7, 2005, at East Greenwich, Rhode Island, and on the date of death decedent was domiciled in Indian River County, Florida. 3. So far as is known, the names of the beneficiaries of this estate and of the decedent's surviving spouse, if any, their addresses and relationships to decedent, and the dates of birth of any who are minors, are: NAME ADDRESS RELATIONSHIP DATE OF BIRm (if Minor) Edward T.Broderick, as Successor Trustee of the Neil A. O'Donnell Trust dated 6/25/03 360 Wickford Point Road N. Kingstown, RI 02852 N/A Adult Neil F. O'Donnell 1200 19th Street NW, Suite 500 Washington, DC 20036 Son Adult Kathleen A. O'Donnel 56 Prince Street, Apt. #7 Boston, MA 02113 Daughter Adult will be COnclUSi] evidence of such fact in favor of any transfer agent and any other person dealing in good faith with my Personal Representatives or the Trustees. My Personal Representatives r the Trustees may rely on a certificate signed and acknowledged by any beneficiary stati . g any fact concerning the estate beneficiaries, including dates of birth, relationships, or marital status, unless an individual serving as Personal Representative or Trustee has actual knowledge that the stated fact is false. (c~ Copy. Any person may rely on a copy of this instrument (in whole or in part) certi$ed to be a true copy by any person specifically named as a Personal Representative or Trustee (or successor Trustee); by any Corporate Trustee whether or not specifically nam~d; or, if there are none of the above, by any then serving Trustee. 10.4 n.spute Resolution. If there is a dispute or controversy of any nature involving the di~position or administration of my estate, I direct the parties in dispute to submit the matter to mediation or some other method of alternative dispute resolution selected by them. If a party refuses to submit the matter to alternative dispute resolution, or if a party refuses to participate in good faith, I authorize the court having jurisdiction over my estate to awarld costs and attorney's fees from that party's beneficial share or from other amounts payable to that party (including amounts payable to that party as compensation for service as fiduciajry) as in chancery actions. 10.5 E(fect of Adoption. A legally adopted child (and any descendants of that child) will be reg~ded as a descendant of the adopting parent only if the pe,tition for adoption was filed with the court before the child's thirteenth birthday. If the legal relationship between a parent and child is terminated by a court while the parent is alive, that child and that child's descendants will not be regarded as descendants of that parent. If a parent dies and the legal relationship with that deceased parent's child had not been terminated before that parent's deat1l1, the deceased parent's child and that child's descendants will continue to be regarded as ~scendants of the deceased parent even if the child is later adopted by another person. 10.6 In'ant in Gestation. For all purposes of this Will, an infant in gestation who is later born alive will be deemed to be in being during the period of gestation for the purpose of qualifying the infant, after it is born, as a beneficiary of my estate. 10.7 Applicable Law. All matters involving the validity and interpretation of this Will are to be governed by Florida law. Subject to the provisions of this Will, all matters involving the a<:ln11inistration of a trust are to be governed by the laws of the jurisdiction in which the trust hEts its principal place of administration. 10.8 G~nder and Number. Reference in this Will to any gender includes either masculine or fe nine, as appropriate, and reference to any number includes both singular and plural where e context permits or requires. Use of descriptive titles for articles and paragraphs is fo the purpose of convenience only and is not intended to restrict the application of tho e provisions. INITIALS q" v ---,-- - . . Executed at Vera! Beach, Florida, on June 25,2003. ~a~t9~ Neil A. O'Donnell This instrument was signed, sealed, published, and declared by the testator as his Last Will and Testament in lOur joint presence, and at his request we have signed our names as attesting witnesses in his *esence and in the presence of each other on the date first written above. Name Address ~4/#~ ~ ay~^ # /~ }-rL , JbU~t JL INmALS 4. ~0- vi UI . . . J " } STATE OF FLfDA COUNTY OF IAN RIVER I, Neil A. O'Do . ell, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my Last Will and Testament. 4tzJ Cl !p'~/.M-- Neil A. O'Donnell We, Sheryll A. 'J1hogersen and (],(e..o/I ;<f'~ t...119~ , have been sworn by the officer signinlg below, and declare to that officer on our oaths that the testator declared the instrument tolbe his Last Will and Testament and signed it in our presence, and that we each signed the instrument as a witness in the presence of the testator and of each othcr. ~ p~ ~ Witness ~ c4~ Wltnes ~ Acknowledged atId subscribed before me by the testator, Neil A. O'Donnell, who is personally knowtlt to me or who has produced FIor;tJ... a-, ~Lr~.tdS identification, my:\ ~y Sheryll k.. Thogersen, who is personally known to me, and by L!..lt .11/ L ,6"4 fa II 7er- , who is personally known to me or who has produced ;?~t~/{P' /:/Icw"'/ as identification, and subscribed by me in the presence of the testator an the subscribing witnesses, all on June 25,2003. IN TIlE CIRr'TJ.r COURT FOR INDIAN RIVER COUNTY, ~~r FLORIDA PROBATE DIVISION l L. ~. ~,,: f ;,.) t';.: ;:.. C c- ~.[ [) P t.~ CJ b I\i> E / r~',: U f.. j:~.~ [) I i\ H S H 1 P ./ C I H C I. if T / C C U ~j T~' C:J U r.: , 06 AUG 18 AM 8: 52 -I . 1 INDIMi F(IVU: UNIY IN RE: ESTATE 0' BY File No.: P-2006- ()4(Q~ NEIL A. O'DONNE~L, also known as NEIL JOHN O'DONNELL (Judge Robert A. Hawley) Deceased. ORDER ADMlTllNG WILL TO PROBATE . ~ APPOINTING PERSONAL REPRESENTATIVE The instrumeq.t presented to this court as the Last Will of Neil A. ODonnell, deceased, having been executed!in conformity With law, and made self-proved by the acknowledgment of the decedent and the affictavits of the witnesses, made before an officer authorized to administer oaths and evidenced .by the ,officer's certificate attached to or following the will in the form required by I law, and no objection I~ving been made to its probate, and the court finding that the decedent died on December 17, 2005, and that Edward T. Broderick is entitled and qualified to be personal representative, it is ADJUDGED that the will dated June 25, 2003, and attested by Sheryll A. Thogersen and Cheryl Belanger as s~scribing and attesting witnesses, is admitted to probate according to law as the last will of the d~ent, and it is further ADJUDGED 1jhat Edward T. Broderick is appointed personal representative of the estate of the decedent, and that ~pon taking the prescribed oath, filing designation acceptance of resident agent, Letters of A~stration shall be issued. . Signed on ,,~/ (, ,2006. Circuit Judge ROBERT A. HAWLEY ... . IN TIlE CIRC T COURT FOR INDIAN RIVER COUNTY, FLORIDA PROBATEDMSION ._,_, " .,1 L~.. " .~- , , k ~~. ee, [) t"' k (,J b ~t:.. ; .." .,' ~ J l: .:\ F' ~) i _,'\ (, ~,.f l P ; C 1 He 1):1 / C ;-~. . ~ 1-< T' 'J' c,~ ~')'I.i ;~; r" 06 AUG f8 AM 8: 52 File No.: P-2006- 04 vcr !_' ~ i.. INDIAN FUVU; CCilm T'f BY --- -.------,. NEIL A. O'DO LL, also known as NEIL JO O'DONNELL (Judge Robert A. Hawley) Deceased. i i OATH OF PERSONAL REPRESENTATIVE AND D~SIGNATION AND ACCEPTANCE OF RESIDENT AGENT STATEOFRHOD COUNTY OF I, Edward T. roderick (Affiant), state under oath that: 1. I am ualified within the provisions of Sections 733.302, 733.303 and 733.304 of the Florida Probate fode to serve as personal representative of the estate of Neil A. O'Donnell, deceased. 2. I will faithfully administer the estate of the decedent according to law. 3. My p~ace of residence is 360 Wickford Point Road, N. Kingstown, RI 02852, and my post office addre s is the same. 4. I here y designate Thomas C. Lee, Jr., who is a member of The Florida Bar, who is a resident of Indian .ver County, Florida, whose office address is 3055 Cardinal Drive, Suite 301, Vero Beach, Florida 2963 and whose post office address is the same as my agent for the service of process or notice in y action against me, either in my representative capacity, or personally, if the personal action accrufd in the administration of the estate. . , ~~~ Edward T. Broderick, Affiant Sworn to and subscribed to before me on ~. J~ , 2006, by Affiant, who is personally known to me or who produced as identification. ~ 7Jz .?.t.~!:::t Notary Public State of Rhode Island YV4i?~ 1'1. lI~hft' f (Affix Notary Seal) tny (~mm'- ~.~ J '~/n e'f-r'J'as ~II'I p'j . . , / I CERTIFY address is as indicat Signed on I _u ,. , ACCEPTANCE i I am a pe:rmanent resident of Indian River County, Florida, and my office above. I hereby accept the foregoing designation as Resident Agent. ~ I 2006. ~{l ~ Q.. Thomas C. Lee, Jr., Resident Agent . . IN THE COUNTY, FLORIDA em, COURT FOR INDIAN RIVER ~'SI~;1it,:1.7..//::\' ;~}/)/:~dr.\~)t1~ i PROBATE DIVISION 06 AUG f8 AM 8: 52 INRE: ESTATE or NEIL A. O'DONNE~L, also known as NEIL JOfN O'DONNELL. . File No.: P-2006- o-t \.D9. I.. i'. INDiM1i.~iVti~ CCUN JY BY_ - -.----- ----.--..--- (Judge Robert A. Hawley) Deceased. LETTERS OF ADMINISTRATION TO ALL WHOM IT MAY CONCERN WHEREAS, ~eil A. O'Donnell, also known as Neil John O'Donnell, a resident of Indian River County, Flori~ died on December 17,2005, owning assets in the State of Florida, and WHEREAS, $<tward T. Broderick has been appointed personal representative of the estate of the decedent and ~ performed all acts prerequisite to issuance of Letters of Administration in the estate, NOW, TIIERpFORE, I, the undersigned circuit judge, declare Edward T. Broderick duly qualified under the lats of the State of Florida to act as personal representative of the estate of Neil A. O'Donnell, de~as~d, with full power to administer the estate according to law; to ask, demand, sue for, recover and ~ive the property of the decedent; to pay the debts of the decedent as far as the assets of the es9te will permit and the law directs; and to mak . stribution of the estate according to law. : A. ~_ . ~ / (, ORDERED 0* .~ ,2006. Circuit Judge ROBERT A. HAWLEY 'It... 'G till' IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA ! STATE OF FLORID~ ) )SS. COUNTY OF IND RIVER, ) I, J. K. BAR ON, Clerk of the Circuit Court in and for Indian River County, Florida, the same being a court ofrecorcjl and having probate jurisdiction, DO HEREBY CERTIFY the foregoing to be a full and complete copy of I PETITION FOR ADMINISTRATION DEATH CERTIFICAlfE LAST WILL AND n;STAMENT ORDER ADMITTIN(i WILL TO PROBATE AND APPOINTING PERSONAL REPRESENTATIVE OATH OF PERSO AL REPRESENTATIVE AND DESIGNATION AND ACCEPTANCE OF RESIDENT AGENT LETTERS OF AD STRA TlON in the Matter of the state of NEIL A. O'DONNELL AIKJ A NEIL JOHN O'DONNELL deceased, as the same appears from th records and files of the Circuit Court of Indian River County, Florida. IN TESTIMONY WHEREOF, I have he~~~o.,~t!~.!!1t~!!.ans!.l!!1~.tl!~.~!!.,9f.MiQ\~qprt at Vero Beach, Indian River tounty, Florida this 21ST day (W AU . CI 0 Circuit Court of Indian River County, Florida by ll~~~~J ~~~ Deputy Clerk ) - STATE OF FLORIDA, ) )88. COUNTY OF INDI~ RIVER, ) I. ROBERl A. HAWLEY, Circuit Judge of Indian River County, Florida DO HEREBY CE$ that J. K. BARTON whose name is subscribed to the foregoing certificate and attestation is the appointed and qualified Clerk of the Circuit Court, of Indian River County, Florida, and that the seal affixed is the genuine seal of the said Court, and the said certificate and attestation are in'due:form and made by the proper officer, and that full faith if credit are due and ought to be given to all the oflicial acts of said Clerk, as well in courts of judicature elsewhere. ! IN TESTnvfONY WHEREOF, I ha~ set my han d seal at Vero Beach, Indian River County, Florida this I ) ( day of . .2006. ~ 8TATEOFFLORIDA, ) Judge of the Circuit Court of Indian River County, Florida ) SS. COUNTY OF ~N RIVER, ) I, J. K. BARTON, C erk of the Circuit Court of Indian River County, Florida, DO HEREBY CERTIFY that the Honorable ROB RT A. HAWLEY is Judge of the Circuit Court for Indian River County, Florida, duly commissioned, q . ed and acting and that the signature to the foregoing certificate and attestation is genuine and in his 0)\'11 proper handwriting, and that full faith and credit are due and ought to be given to all ofms official act$ as well in court of judicature as elsewhere. IN TE8~ONY WHEREOF, I have ket:Cunto. Beach, Indian River jCounty, Florida this I f the Circuit Court Of Indian River County, Florida. by L~ ~:.- Deputy Clerk