HomeMy WebLinkAbout1138_AUSTIN_RALPH_139_696_04-04-1979_09-16-1981~
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('t'HE LAST WILL AND TESTAMEN(~F
,,~THE-STATE OF'OmO}
Cuyahoga County es.
RALPH RAYMOND AUSTININ THE PROBATE COURT
Division of the Court of Common Pleas 1078
On the 12 day of April
Doc.895 No.896345
197 9 ,there was duly filed
in said Court,a certain instrument in writing purporting to be the Last Will and Testament,
of Ralph Raymond Austin
deceased,together with an Application to admit same to probate.Thereafter notice thereof was duly iS8ued
according to law or the same was duly waived,and the testimony of subscribing or other witnesses was taken in
open Court,or by commission issued as prescribed by law,and was reduced to writing and filed in said Court.
Thereupon,on the 12:day of April 197 9 ,said Will
was admitted to probate and ordered to be recorded,as appears in Journal 1222page 648 of said Court.
Which said Application,Waiver,rjbf~I/Ji'~~rM-I{'and said Will,
.~re as follows:
·PC·71
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o WILL,/
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PROBATE.COURT OF CUYAHOGA COUNTY,OHIO
"\\FRANCIS J.TALTY,Presiding Judge
JOSEPH J.NAHRA,Associate Judge
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County
Cuyahoga ~
-
11820 E ewater Drive
Street Addre"
Lakewood,Ohio
Decedent's domicile was---===:"'=====-==-=-F~..-;;-:=:;:--------1;;--~~------~
ESTATE 0 F _---=R~al~ph---=R_=_aymo=___n_d_Au_s_t_i_n_/__'__,DECEASED
Case No.---b8L........d:9,;:-;6~3;;-'-"-..lIo1i;.......-75-!1-·Docket ~8::.....,,·9~~~5.-r":"--';-\Page 1079
c.O/~··A.R.~APR 121979
AP R 12 1979 APPLICATION TO PROBATE WILL !3 WILL PROBATED AND
WilL PR[~EttT[O FOR ~RQBA!£/'ORDERED '="CORDED
Applicant~~Y~~~~~dentdiedon~~~~~~~~~_~~~~~~~~~~~~~~~~~~_
City or Village,or Township If unincorporated area
Lakewood,
Post Office
Ohio
State
44107
Zip Code
A document purporting to be decedent's Will is attached and offered for probate.
Attached is a list of the surviving spouse,next of kin,legatees and devisees known to applicant,which list
i"ncludes those persons entitled to notice of the hearing on this application.
~r,~
Attorney for Applicant Richard c.Schaefet
For Schaefer &Schaefer
Typed or Printed Name
1522 National City Bank Building
For The Cleveland Trust Company
Typed or Printed Name
:P.O~Box 5937
hereby waive such
216-687-5211
Cleveland,Ohio 44101.
Phone Number (include area code)
Address
'\.WAIVER OF NOTICE OF HEARING ON PROBATE OF WILL.
~o The und~ned,being persons entitled to notice of the hearing on the above application
nOllce.~
r.c Addresso~Cleveland,Ohio 44114.~,",.,N:~~:'~~:~~'"..,
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FORM 2.0·APPLICATION TO PROBATE WILL
,
ENTRY SETTING HEARING AND ORDERING NOTICE
"
[,
The Court sets at o'clock .M.
as the date and time for hearing the application to probate decedent's Will.The Court orders notice of the hearing
to be given,as provided by law and the Rules of Civil Procedure,to those persons entitled to notice who have not
waived notice.
De••
~
Probe••Judg.
ENTRY ADMITTING WILL TO PROBATE
-,
The Court finds that the persons required to be notified of the hearing on the application to probate
decedent's Will were duly notified or waived notice.The Court further finds that the purported Will of decedent.
either'on its'face or from the testimony of the witnesses,complies with the applicable law.It is therefore admitted
to probate,and ordered recorded.
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PROBATE COURT OF CUYAH.OGA COUNTY,OHIO
FRANCiS J.TALTY.Presiding Judge
JOSEPH J.NAHRA.Associate Judge
./
1080
ESTATE OF
Case No.
'Ralph Raymond Austin •DEC EASED89634:--'5='::r,-D-o-C-ke-t-_~~~~~~-_~~~~~~-~-:.'-;_·-~(,-·;"-=l_-::.....i~-3:~~-p-a-ge-_-_-_~_
"VAIVER Of NOTICE'OF H~ARING ON PROBATE Of "Vlll
.,
The undersigned,being persons entitled to notice of the hearing on the application to probate decedent's Will.
hereby w~ive such notice.'.-.
.'
PROBATE ,COURT.
FIL.ED
".PR 1 2 1979
CUYAHOGA COUNTY,O.
Co
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PROBATE COURT OF CUYAHOGA COUNTY,OHIO
Page _
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FRANCIS J.TALTY,Presiding Judge
JOSEPH J.NAHRA,Associate Judge
.108t
ESTATE OF __---=..:R_al~p:.....h__=_=R.....:a.ymo:..._.....n_d_=A.::..us_ti_n ____::ao7"""_=_-------,DEC EASED
Case No.-------:?:~~~~~_tf_:r_~~--Docket ------..;8.95';Q n ,~o A ';;;#. _,u"'-l\~l1"%_~L3-~~'\.J@)/VU A V
SURVIVING SPOUSE,NEXT OF KIN,LEGATEES AND DEVISEES
[Use with those applications or filings requiring some or all
of the information in this form,for notice
or other purposes.Update as required]
'.The following are decedent's known surviving spouse,and other known survivors who are or would be entitJed
to inherit under the statutes of descent and distribution.
Name Residence
Address
Relationship
to Decedent
Birthdate
of Minor
Decedent lett no surviving spouse.
Surviving
Spouse
hederiCk E.Austin 1017 Main street Brother Adult
Sharpsville,Pa.
,.,
,'.
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[Check whichever of the following is applicable]
o The surviving spouse is the natural or adoptive parent of at least one of decedent's children.
o The surviving spouse is not the natural or adoptive parent of any of decedent's .children.
FORM 1.0·SURVIVING SPOUSE.NEXT OF KIN,LEGATEES AND DEVISEES
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Name
Bett:l.Louise Radford
Trinity Cathedral
~
The frotestant Episcopal Churchofst.John the Divine
The Brotherhood of st.Barnabas
'.
736 :Pierce Avenue
Sharpsville,Pa.
2230 Euclid Avenue
Cleveland,Ohio 44115.
Sharon1 Pa.
Gibsonia1 :Pa.
Adult
I~i
(Check whichever of the following is applicable]
o The Will contains a charitable trust or a bequest or devise to a charitable trust,subject to Revised Code
§ §109.23 to 109.41..
IXJ The Will is not subject to Revised Code § §109.23 to 109.41,relating to charitable trusts.
C?--4L 12;/<7 71
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For
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Applicant.,"
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LAST WILL AND TESTAMENT
of
RALPH RAYMOND AUSTIN
1083
3
I,RA.Lffi RAYMOND AUSTIN,of the City of Lakewood,County of Cuyahoga
and State of Ohio,being of full age and of sound mind and memory',do make,
publish and declare this to be my Last Will and Testament,hereby revoking arq
and all Wills by me heretofore made.
A copy of instructions pertaining to JIrI'funeral will be found in III.Y
Safety Deposit Box at the Union Commerce Bank,911 &lclid Avenue,Cleveland,
Ohio.The original copy of S\1ch instructions will be found in the desk in m.r
abode.The person or persons named in such letter shall carry out m,y
instructions,and all expenses incident thereto shall be paid from the corpus
of rrr:r estate.
ARTICIE I;"I direct that all my just debts and funeral expenses be
paid out of my estate as soon as practicable after the time of J1\1 decease.
ARTICLE II~'All estate,inheritance,succession,legacy,transfer
and other taxes of the same nature which are payable because of m,y death,in-
cluding arry interest or penalties thereon,with respect to the property com-
~~,4~~
~e~.or.....-as&-
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~~bUl&~~.RRQ ..~~~s'"ljl't
her family.
prising nr:f estate for such tax purposes,whether or not such property passes
under this Will and whether sucb taxes are payable by l't'lY'estate or by a:rq
recipient or beneficiary of arry such property,shall be paid entire~out of
~~.~~
~~~~~~~
~.residuary estate as part of the expense of administration thereof,with no
I right of reimbursement from a:rry recipient or beneficiary of any such property.f ARTICLE III;'It is II\Y wish that II\Y niece,Betty Louise RaMord,
I shall select a pro~r burial plot,and I direct that my Executor shall pay for
such plot.Arr¥burlal spaces remaining in said burial plot after MY'intement
I give and bequeath to MY'niece,Betty.Louise Radford,for her use and that of
1084
ARTICLE IV .'1 I give,devise and bequeath the interest I 0"11 in cer-
tain coal lands in Washington County,Pennsylvania,inherited by me from my
mother and listed in the County Auditor's records of Washington County in Index
DB.l06o-72 to my niece,BETTI LOUISE RADFORD,or her lilieal descendants,per
stirpes.
ARTICLE V.)I give and bequeath all.of my personal effects,household
!'urni.sbings,1l13'piano,and ~automobile I may own at the time of my decease,
to 1l13'niece,BETTI LOUISE RADFOlID,and I direct that my Executor shall.pa,.all
expenses necessar,y for the moving or disposition of such property'as mq be
directed by rq said niece.
AR'lICIE VI~I give and bequeath to TRINITY CATHEDRAL of Cleveland,
Ohio,for its endowment,to be invested by its officers and onl,.the income
therefrom to be used for the maintenance,operation,work and program of the
Cathedral,the sum of One 'Ihousand Dollars ($1,000.00'>.
ARTICLE VII~I give and bequeath to THE PROTESTANT EPISCOPAL CHtJRCH
of ST~'JOHN the DIVINE of Sharon,Pennsylvania,(Where I was confirmed on
'Ihanksgiving Day in 1924),for its endowment,to be invested by its officers
and only the income therefrom to be used for the maintenance,operation,work
and program of the Church,the sumcf One Thousand Dollars ($1,000.00).
ARTICLE VIII~I give and bequeath to mi niece,BETTY LOUISE RADFORD,
nature which I may own at the time of my decease,and I direct that the same
lineal descendants,per stirpes.
One-ball'(1/2)thereof to my niece,BETTY !DUlSE RADFORD;or her
follows:-
or her lineal descendants,per stirpes,all bonds and stocks of whatsoever
"~
I shall be distributed to my niece,Betty Louise Radford,in kind.'I .~...I'ARTICLE IX.'All the rest,residue and remainder of m;r estate,offeverykindanddes~ription and wheresoever situate,which I may own and have th
,.right to dispose of at the time of my decease,I give,devise and bequeath as
-2-
..:"
1085
One-half (1/2)thereof to "THE BROTHERHOOD OF ST."BARNABAS (a corpora-
tion of the State of Permsylvama,Gibsonia,Pennsylvania.).'!'his order of
Brothers is affiliated with the Protestant Episcopal Church and cares for sick
and incurable men and boys.
ARTICIE X~I have purposeq omitted from thiS,Tl13'Last Will and
Testament,tm¥provision for J1I3'brother,Frederick E.Austin,my niece,Nancy
Martha Amer,and J1I3':nephew,Arthur Gough Austin...
ARTICIE XI~I make,nominate and appoint THE OIEVELAND TIm'ST COMPAHY
the Executor of this,J1I3'Last Will and Testament,and I direct that it shall
serve without bond.
ARTICLE xn~~I hereby authorize and empower tq said Executor to com-
pound,compromise,settle and adjust all claims and demands in favor of or
against J1I3'estate;and to sell at private or public sale at such prices and
upon such terms of credit or otherwise as it may deem best,the whole or aII1'
part of rrry real or personal property and to execute,acknowledge and deliver
deeds and other proper instruments of conveyance thereof to the purchaser or
purchasers.
IN WITNESS WHEREOF,I have hereunto B.et nv hand at Cleveland 1
this 30th day of Jaly ,1964.
Signed by the said RALPH RAIMOND AUSTIN and 1fy him aclmowledged to
be his Last Will and 1l!stament,..before us .and in our presence,and by us sub-
scribed as attesting wi.tnesses in his presence and at his request,and in the
resence of each other this 30th day of July ,1964.
-3-
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PROBATE COURT,CUYAHOGA COUNTY,OHIO
Division of the Court of Common Pleas
IN RE the estate of
Ralph Raymond Austin,deceased
PROBATE OF WILLS OF VARIOUS DECEDENTS
_____...LA:l.I"D~r.Lj]J...___I1.J..2..l<.JthL.L..__,19 1.!L
JUDGMENT ENTRY
Applications to admit to probate and record the instrument in writing
purporting to be the Last Will and Testament,or the Last Will and Testament and
Codicil thereto,of the respective decedents as herein set forth,all of whom
were residents of Cuyahoga County,or who own property in Cuyahoga County,having
been presented to this Court by some person lawfully authorized;and as it appears
that all persons entitled to notice of the presentation of the instruments have
either been given notice according to law or have waived,in writing,their right
to such notice;and as it appears to the Court that the various Wills were duly
executed according to law,and that,at the time of the execution thereof,the
decedents were of legal age,sound mind and memory and not under restraint;the
Court admits the Will of the decedents to probate,and orders that the same
shall be recorded in accordance with the statute.
l
PC 600-26
Case No.
896345
Decedent
Ralph Raymond Austin
/s/FRANCIS J.TALTY
PROBATE JUDGE
Jour.1222 Page 618
PROBATE COURT OF CUYAH9GA COUNTY,OHIO
Page -------:~_T\-{;},
APR 1,21979~£"'f-~---t4
c·'
,DECEASED.......,..,r-------
April 4,1979.
FRANCIS J.TALTY,Presiding Judge
JOSEPH J.NAHRA,Associate Judge
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[For Executors and all Administrators;attach supplemental
application for ancillary administration,if applicable]
~fF~f//~f~~
ESTATE OF Ra~h R~nd Austin 895
Case No.896 3 ~5 Docket 'F £)flJ·K.·A.ft (el.vdA-..l.Cf'1"-M-<3-I--C-::-~-'U-C---'1-':-'--
~(!U;t;APPLICATION FOR AUTHORITY TO ADMINISTER ESTATE
Decedent's domicile was 11820 Edgewater Drive,
Str.et Add...ss
Lakewood,Ohio
Lakewood,Ohio CUyahoga
Post Offiee State
Applicant asks to be appointed __~~~~---:u~t~o_r~---:~~~~~~_~_~~_~~_~_~
of·decedent's estate.[Check whichever of the following are applicabl To applicant's knowledge,decedent
did not leave a Will -f.i]Decedent's Will has been admitted to pro e in this Court ~0 A supplemental application
for ancillary administration is attached.
Attached is a list of the survL·1in g spouse,ne of kin,legatees and devisees known to applicant,which list
includes those persons entitled to a minister the tate.
The estimated value of the es at
City or Village,or Township If unincorporated area County
.P~rson·~1 pr~perty I;N:~qE.S.S.P!.'~'..::..:.'$_1_5_,_00_0_"_0_0 _
-0-·
t~J "J .j",•...",.J',.J
Annual real estate rentals .........................•.........•$--------
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..........,.;J.~,.I..l,.I.J... .
Real estate ".'.:::.~$J.'•I •'.J.._
Co
Total estimated estate IIi l:XCES.S..OF.........•...$=1=5~,0=O=0=.=0=0===
-0-
Applicant owes the estate
The estate owes applicant
.................'PROBAI CO .:....:$--,,-,_-..:::.o_-_~
....................F 1.~.~p .. ..~.$--------t-PR 1 31379
!heck 0l~~f the following four paragraphs]CUYAHOG.o\COUNTY,O.
I APPJ~,~l)f2~}~a\decedent's Will requests that no bond be required of him,and therefore asks thecouttodispensewithDond':",..1
~\\~pplicanl is a Irusl companyEXE'CUYOoRnd bond is dispensed wilh by law.
FORM 4.0·APPLICATION FOR AUTHORITY TO ADMINISTER ESTATE
/.
I
.0 Applicant says that he is decedent's surviving spouse,and is entitled to the entire net proceeds of the
estate,and that bond in respect of his appointment as administrator of decedent's estate is therefore dispensed with
by law.
o Applicant offers the attached bond in the amount of $---------
Applicant accepts the duties of fiduciary 1n the estate,imposed by law,and such additional duties as may be
required by the Court.Applicant acknowledges that he may be ,removed as fiduciary for failure to perform such
duties as required,and also acknowledges that he may be subject tocriminal penalties for improper conversion of
any property held as fiduciary..
~TRUST COMPANY
~.._.,..----,--'.-...r'·'.,'.~f -,.'.''By~',.
AUo..',to,..,,'a.'Rlcha.rd:C.Scliaefer A••i...--~
For Schaefer &Schaefer Gordon A.Anho1d,Trust Officer.
Typed or Printed NameTypedorPrintedName
C1eve1and'~Ohio'4410L
1522 National.City Bank Building .;~;:'."..P.O.Box 5937
Address Address
Cleveland,Ohio 44114,.
Phone Number [include area-code]
216-621-9056
Phone Number ~i";ludearea code]
.;"'~.•~_~.~~',I 216-687-5211 ".:
WAIVER OF RIGHT TO ADMINISTER
The undersigned,being persons entitled to administer decedent's estate,and whose priority of right to do·so·is.
equal or superior to.that of appli.cant,hereby waive appointment to administer the estate.
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ENTRY SETIING HEARING AND ORDERING NOTICE
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The Court sets "at o'clock .M.
as the date and time for hearing the application for authority to administer decedent's estate.The Court orders
notice to take or renounce administration to be given those persons entitled to administer decedent's estate,whose
priority of right to do so is equal or superior to that of applicant,and who have not waived appointment to
administer the estate.
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Date Probate Judge
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IN RE
the estate of
Ralph Raymond Austin,deceased
LETTERS TESTAMENTARY WITHOUT
BOND IN ESTATES OF VARIOUS
DECEDENTS
PROBATE COURT,CUYAHOGA COUNTY,OHIO
Division of the Court of Common Pleas
______...:...;A=pr-=---'.:....;·l:.........:..l=-2t.:...;.h"'--__,19 79
JUDGMENT ENTRY
In the following cases,the Last Will and Testament of the decedents
having been admitted to probate and record by this Court,and applications having
been filed by each executor and executrix named in the will of said decedents,
together with applicants'written acceptance of duties;and as it appears to the
Court that said applicants would be suitable persons and legally competent to act
as executor or executrix,and that,by the provisions of the will of said decedents
and in respect to corporate fiduciaries in accordance with the statute,the giving
of bond is dispensed with:
It is hereby ordered that the applicants are hereby appointed as executor
or executrix of the estates of the following named decedents,without the giving
of bond,and that letters testamentary be granted and issued and notice of such
appointment be published,as required by law,in the Daily Legal News,the official
Daily Law Journal of this Court and that said proceedings be recorded.
Case No.
896345
PC 600-23
Decedent Fiduciary
Ralph Raymond Austin The Cleveland Trust Company
/s/FRANCIS J.TALTY
PROBATE JUDGE
Jour.1222 Page 649
•PROBATE COURT OF CUYAHOGA COUNTY,OHIO
FRANCIS J.TALTY,Presiding Judge
JOHN J.DONNEllY,Judge
Case No...::S.::..9.::..63=-4.:....:5:.-Docket S:.-.9c-5 Page._
ENTRY APPOINTING FIDUCIARY;LETTERS OF AUTHORITY
(For Executors and all Administrators)
Name and Title of Fid uciary ----'-T!..!.he=---'C"-l......"e....,v'-"e'--'l..."a:!-'n"".d_T..!....r'--'u"-'s"-'t"----"C'-"o:..:.:.m""p-"'a.:..:.nJ-V ---,--_
On hearing in open court the application of the above fiduciary for authority to administer decedent's estate,the
Court finds that:
Decedent died (check one of-the following)-testate -0 intestate -on_---:....:AJ:..pr~il.:...._4:....:t'__h'_Z.,---'-19=-7:....:9'--_
domiciled in Lakewood,Ohi °
(Check one of the following)-Bond is dispensed with by the Will -0 Bond is dispensed with by law-o Applicant has executed and filed an appropriate bond,which is approved by the Court;and
Applicant is a suitable and competent person to execute the trust.
The court therefore appoints applicant as such fiduciary,with the power conferred by law to fully administer
decedent's estate.This entry of appointment constitutes the fiduciary's letters of authority.
Date
April 12th,1979 Francis J.Talty
Probate Judge
2361
CERTIFICATE OF APPOINTMENT AND INCUMBENCY
The above document is a true copy of the original kept by me as custodian of the records of this Court.It
constitutes the appointment and letters of authority of the named fiduciary,who is qualified and acting in such capacity.
Francis J.TaItV
Probate Judge'Clerk
Mary E.Carlin
(Seal)
April 12th,1979
Date
FORM 4.5-ENTRY APPOINTING FIDUCIARY;LETTERS OF AUTHORITY
'.
((
THE STATE OF OIDO,}
Cuyahoga County,ss.No..89634-.5 ...Docket
Page .
I,R.V.Karlovec,being duly sworn,upon my
oath,depose and say that I am the agent of the
DAn..Y LEGAL NEWS,and that the annexed
advertisem£:nt attached hereto was published in
the DAn..Y LEGAL NEWS,a daily newspaper of
general circulation,printed in the City of Cleve-
land,County of Cuyahoga,Ohio,for a period.of
3 consecutive weeks and on the same day of each
18th.Aprilweek,on and after the ......•t1ay of ...........•
79A.D.19 .
.~~.
Sworn to and subscribed in my presence this
g~9:.day of .!'!?-y...............•A.D.19..?~..
............~r5!~.
NOTARY PUBLIC
R\E OSUCH
tlGt~rJ f'",:-i::ic,St:,~a ci C:l'"•CUY3.Cty.
My CalT.ili;l.s!on Exp;rc:;Oct.-1'/,1983
Estate of
Printer's Fee $14.00
Total $14.00
PROBAT~COURT
rikaED
M/~Y 9 1979
!CUYAHOGA COUI TV.O.
lJ
Rev.77 Form 7·A
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Proof of PnbUcatioD
By The Daily Legal News
2935 Prospect Avenue
Oeveland.Ohio 44115
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PROBATE COURT OF CUYAHOGA COUNTY,OHIO
FRANCIS J.TALTY,Presiding Judge
JOHN J.DONNELLY,Judge
In Re the estate of Ralph Raymond Austin,deceased
Case No._--'-'Sl.ol9..1.l6.>.L3:L4>L.5 Docket S:..:9::....:5=---Page _
EXEMPLIFIED COpy OF RECORD
I,FRANCIS J.TALTY,Ex-Officio Clerk of the Probate Court within and for said County,do
hereby certify that the foregoing is a correct Transcript of the Record in the matter of the
last will and testament of Ralph Raymond Austin deceased,proofs to said will
and order of Court admitting the same to probate;together with the appointment
and qualification of The Cleveland Trust Company as executor of said estate;
notice of appointment and proof of publication of same.
Said will was duly executed,proven and allowed agreeably to the laws
and usages of the State of Ohio.
And I further certify that I have compared said Transcript with said Record,and that the same
is a correct Transcript therefrom,and of the whole of said Record.And I further certify that
FRANCIS J.TALTY,whose certificate is hereto annexed,is duly commissioned and qualified as
Judge of said Probate Court,and is the Presiding Judge thereof,and,I,FRANCIS J.TALTY,
Probate Judge of the County of Cuyahoga and State of Ohio,and Presiding Judge of said Court,do
hereby certify that FRANCIS J.TALTY,whose signature appears to the foregoing exemplification
and attestation,is the Ex-Officio Clerk of the.Probate Court of said County and has the custody of
the records and files of said court,and that the said attestation made by him is in due form of law,
and by the proper officer;and that the seal thereto attached is the seal of said Probate Court.
IN WITNESS WHEREOF,I have hereunto affixed my name and the
seal of my office,at the City of Cleveland,Ohio,in said County,
this 11th day of August 19_5_1_
P.c_99-2-A-N/F
•
PRESIDING PROBATE JUDGE AND EX-OFF
(R.C.21 .
ATE COURT
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COURT HOUSE
CLEVELAND,OHIO 44113
.....
FRANCIS J.TALTY
PRESIDING JUDGE
JOHN J.DONNELLY
JUDGE
August 11th,1981
JAMES R.DONAHUE
.General Referee
Chief Deputy
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PLEASE BE Advised that FRANCIS J.TALTY,Presiding Probate Judge
signs the certification of the exemplified copies verifying that he is the
Ex-Officio Clerk and also as Ex-Officio Clerk verifying that he is the
Presiding Judge of the Probate Court·actin~in these capacities.
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And now September 16,1981,
Exemplification filed and
recorded.Kathleen Flynn Reda,Register
031/.:1
12 2 Wd 92 ~n~1o.
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RALPH RAYMOND AUSTIN
WB 139 PAGES b 96'-7/3
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