Court Order - Smith, Robert H_7/20/2001a
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STATE OF INDIANA
COUNTY OF GIBSON
IN THE MATTER OF
ESTATE OF ROBERT
DECEASED
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JUL 1 9 2001
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Clerk Gibson Circuit Court
IN THE GIBSON CZRCUIT COURT
THE )
H. SMITH, ) Estate No
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ORDER OF PROBATE OF WILL
26C01-0107-EU-OQ�s
There is now produced in open Court and submitted to the
Court an instrument purporting to be the Last Will and Testament
of ROBERT H. SMITH, deceased, and a Petition for probate thereof.
That Marna B. Smith testified that decedent died on or about the
3rd day of July, 2001. Said purported Last Will and Testament of
the decedent was a self-proved will executed in all respects
according to law with proper acknowledgment and verification
thereof. Such testimony is now reduced to writing and signed by
such witness. Such instrument, Petition and written testimony are
now submitted to the Court and the Court having examined the same,
having heard evidence and being duly advised now finds that: (1)
Such decedent died on or about the 3rd day of July, 2001, and at
the time of such death was domiciled in Gibson County, Indiana.
(2) Such written instrument purporting to be such decedent's
Last Will and Testament was duly executed in a11 respects
according to law, has been duly proved, is the Last will and
Testament of such decedent and is entitled to be admitted to
probate in such County.
IT IS NOW THEREFORE ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
(1) Such written instrument
and Testament of such decedent be
probate and record as such. �
All this ordered this �
purporting to be the Last Will
and it is hereby admitted to
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Judge, Gibson Circuit Court
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LAST WZLL AND TESTAMENT ��L 1 9 2001
OF
ROBERT H. SMITH
4�'s'�
Clerk Gibson CircaR �ourt
I, ROBERT H. SMITH, a resident of Gibson County, State
of Indiana, being over the age of eighteen (18) years, of sound
mind and disposing memory, do hereby make, publish and declare
this instrument to be my Last Will and Testament hereby expressly
revoking any and all prior Wi11s and Codicils to wills made by me.
ITEM I.
I hereby direct my executrix to pay all of my legal
obligations, all expenses of my last illness, all funeral and
burial expenses, all expenses of administration of my estate, and
inheritance and transfer taxes which may be levied by reason of my
death, as soon as can be conveniently done after my death.
ITEM II.
After the satisfaction of Item I, above, a11 the rest,
residue and remainder of my property, rea1, personal, intangible
and mixed, of every kind, character and descri
wheresoever sit
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�the time of my death, I give, devise and bequeath to my
wife, Marna B. Smith, absolutely and in fee simple. Ar
ITEM III.
In the event my said wife, Mar . Smith, sha11 predecease
me or die simu taneously, then aft=r the satisfaction of Item I,
above, I give, devise and bequeath all the rest, residue and
remainder of my property, real, personal, intangible and mixed, of
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every kind, character and description and wheresover situate which
I may own.or have the right to dispose of at the time of my death
my daughter, Gloria Jean Lewis.
ITEM IV.
I hereby nominate, constitute and appoint my said wife; Marna
B. Smith, executrix of this my Last Will and Testament and do
hereby desire that she be permitted to serve without bond, if
possible, and if this is not possible, that such bond be fixed at
the lowest amount deemed adequate for the protection of creditors
and taxing authorities by the court having jurisdiction over my
estate.. Zn the event my said wife, Marna B. Smith, resigns as
the executrix or is unable or unwilling to continue to perform
said office because of death or any other reason, then I nominate,
constitute and appoint my daughter, Gloria Jean Lewis as executrix
of this my Last Wi11 and Testament to serve under the same terms
and conditions.
ITEM V.
My executrix shall serve without court supervision and shall
have all the powers listed in Indiana Code 29-1-7.5-3 and may
exercise all the powers listed in Indiana Code 29-1-7.5-3 without
order of court.
ITEM VI.
At approximately the same time my wife and I are executing
Wills in which each of us is the recipient of the other's property
to a greater or lesser extent and otherwise providing for a
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similar dispositior of the property in our respective estates.
However, this Will and my wife's Will are not the result of any
contract or agreement between us, and either Wi11 may be revoked
any time at the sole discretion of the maker thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and declared
this to be my Last Will and Testament on this � day of
November, fixing my initials to each oage for better
identification.
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ROBERT H. SMITH
The foregoing instrument consisting of three (3) pages,
including this page, is on this � day of November, 1998,
signified and declared to us by ROBERT H. SMZTH to be his Last
Will and'Testament, who thereupon, in our sight and in our
presence, subscribed his name at the end thereof, and affixed his
initials to each page, that now we, the undersigned, at his
request, in the presence and in the sight of said testator, and in
the presence and in the sight of each other, do subscribe our
names as attesting witnesses to said Will and Testament on the day
and year above written in Fort Branch, Gibson County, Indiana.
Ray M Dr ey, itness
SOS . Church Street
Fort Branch, Indiana
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Ar}nette R. Dru� y, Wij' ness
�505 N. Church �reet /
Fort Branch, Indiana
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PROOF OF WILL
UNDER THE PENALTIES FOR PERJURY, we the undersigned testator
and the undersigned witnesses, respectively, whose names are
signed to the attached or foregoing instrument declare:
(1) That the tescator executed the instrument as his Will;
(2) That, in the presence of both witnesses,�the testator
signed the Will;
(3) That the testator executed the Will as his free and
voluntary act for the purposes expressed in it;
(4) That each of the witnesses, in the presence of the
testator and of each other, signed the Will as witness;
(5) That the testator was of sound mind; and
(6) That to the best of the undersigned's knowledge
the testator was at the time eighteen (18) or more years of age.
Date: � �
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RO ERT H. SMITH, Testator