Court Order - Creek, Florence_7/12/19993
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ARTICLE II
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I direct my Executor to pay all my just debts and
funeral expenses, as well as the costs and expenses of the
administration of my estate, as soon after my death as shall
be practicable and hereby give to my Executor full power and
authority to settle and pay a11 such claims.
B. I direct my Executor to pay a11 inheritance, transfer,
succession, estate and other such taxes or assessments levied
or assessed against any beneficiaries or surviving joint tenants
of any property or interest which passes because of my death out
of my residuary estate. Said taxes shall not be charged against
any particular beneficiary, including insurance beneficiaries,
surviving co-owners, or owners of any properties included in
my estate for tax purposes.
ARTZCLE III
A. If my husband, Calvin S. Creek, survives me, Z hereby
give, bequeath and devise to hiin all my property, real, personal
and mixed, howsoever acquired and wheresoever situated, of which
I may die seized or possessed or to which I may be entitled.
g, If my husband, Calvin S. Creek, does not survive me,
I hereby give, bequeath and devise all my property, real, personal
and mixed, howsoever acquired and wheresoever situated, of which
2 may die seized or possessed or to which I may be entitled to
be divided as follows: One-half ('�) of ny net estate shall go
to my daughter, 41ary Francis Smith; One-fourth (;) of my net
estate shall go to my grandson, Calvin Lee Creek; and the remaining
One-fourth (<) of my net estate shall go to my grandaughter,
Jane Nolen.
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ARTICLE IV
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Zf my husband and I shall die under circumstances that there
is not sufficient evidence to determine the order of our deaths
or in the event my husband does not survive me by at least sixty
(60) days, I direct that he shall be deemed not to have survived
me and that this Last Will and Testament will take effect as
though he had not survived me.
Itd WITNESS WHEREOF, Z have hereunto subscribed my name to
this, my Last Will and Testament, consisting of this, the
following page and two (2) preceding typewritten pages, and for
the purpose of identification, I have initialed each page, all
in the presence of the persons witnessing it at my request on
this the 2nd day of September, 1960.
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Emma Florence Creek, Testatrix
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THE FOLLOWING SBLF-PROVED WIi,L HAVING BEEN PROBATED IN THE
VANDERBURG:-I SUPERIOR COURT, PROBATE DIVISION, AUGUST 25, 1998, AND
ORDERED E.PPERc�D OF RECORD IN THE PROPER RECORD OF WILLS ZN SAID
COUNTY, THE SAME IS NOW HERE SO ENTERED.
LAST i•7ZLL r1ND TESiAD1ENT
or
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I, Emma Florence Creek, a citizen of the United States of
America and a resident of the County of Gibson, in the State
of Indiana, being over the age of eighteen (18) years, of sound
mind and disposing memory and in no way acting under duress or
undue influence, do hereby make, publish and declare this
instrument to be my Last Will and Testament, hereby revoking
and arinulling a11 other and former wills, testaments, and codicils
thereto made by me heretofore at any time.
ARTICLE I
A. I appoint my husband, Calvin S. Creek, as the Executor
of this S4i11. I request that no bond be required for the faith-
ful performance of my husband in his duty as Executor hereunder.
However, in the event that a bond is required for my husband in
his capacity as Executor hereunder, then 2 request that such a
bond be a nominal bond and I direct my Executor to pay for such
bond as an administrative expense of my estate
B. In the event that my husband predeceases me or for any
other reason shall fail to qualify as Executor hereunder, then
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in such event I appoint my daughter, t4ary Francis Smith, as
Executrix of this Will. I request that no bond be required for
the faithful performance of my daughter in her capacity hereunder.
However, in the event that a bond is required for the faithful
performance of my daughter in her capacity hereunder, then I
reguest that such bond be a nominal bond and I direct my Executrix
to pay for such bond as an administrative expense of my estate.
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SELF-PROVING CERTIFICATE
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UNDER THE PETIALTIES FOR °ERSURY, 47e, Emma Florence Creek,
the Testatrix and the undersigned witnesses respectively, whose
names are signed to the attached and foregoing instrument dated
this 2nd day of September, 1980, and designated as the Last
Will and Testament of Emma Florence Creek, hereby declares:
(1) That the Testatrix executed the instrument as her
Last Will;
(2) ihat in the presence of the witnesses, Testatrix
signed, or acknowledged her signature already made
or directed another to sign for her in her presence;
(3) That iestatrix executed the TAill as her free and
voluntary act for the purpose expressed in it;
(4) That each of the witnesses, in the presence of the
� Testatrix and of each other, signed the G9i11 as
witnesses;
(5)
(6)
That the iestatrix was of sound mind; and
That to the best of her knowledge the Testatrix
was at the time eighteen (16) or more years of age.
WIiNESSES:
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orence Creek, Testatrix
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This instrument was prepared by David K. Zengler, Attorney at Law,
107 47est Main Street, Boonville, Indiana 97601, Phone: (812) .
897-0860.
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In The Vanderburgh Superior CouR
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PETITION FOR PROBATE OF
SELF-PROVED WILL OF
EMMA FLORFNCF CRFFK
DECEASED
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S2D07-9803-ES-00��%
STATE OF INDIANA, VAND�RBURGH COUNTY, SS:
The undersigned, Charles C. Griffith, petitioner, an interesied party as shown hercin, being f rsi duly s«•om
says that on September 2, I980,1he decedent was of the full age to devise her property and self-proved her Last
Will and Testamen[ by executing an acknowledgment of said Will and verification of its execu[�on by David K.
Zengler and Mary Henager, wimesses ihereto which self-proof was attached or annesed to said Will. '[liat said
testator died on lune 17, 1998, and at the time of her death was domiciled-in Vanderburgh County, State of Indiana.
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Chades C. Griffrth, Petitioner �-
Subscribed and swom to be(ore me, by the petitioncr named above, �vho uknowledged the foregoing
statemmu ro be true and complete so Car as known to such petitioner�r so far as could with reasonable diligence be
ucenained by such pe[itioner, all at Evansville, Indiana, this .2 Sday of Augusi, 1998. .
STATE OF [YDIANA, VAtiDERBURCH COUNTY, SS:
MARSHA A6ELL, CLERK
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Deputy
I, the undersigned, Clerk of Ihe Vanderburgh Superior Court do hereby certify Ihat the above and foregoing
I,ast Will and Testament of Emma Florence Creek, late of Vanderburgh Counry, State of Indiana, deceased, was on
August �.� 1998, duly admitted to Probam and Rewrd as a sdf-proved will and hu been duly rewrded in
Record of W ills �Page _, in this o�ce.
WITNESS my hand and seal of Said Coun at Evansville, Indiana, this ,Z:�day of August, I998.
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Marsha A6ell, Clcrk
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Depury
RGCORDGD IN \VILL RF.CORD
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