HomeMy WebLinkAbout1733_DUNCAN III_JAMES_104_383_09-10-1967_09-14-1967~0 C
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FIRST CODICTL
TO
LAST WILL AND TESTAMENT
OF
JAMES E.DUNCAN,III
And now September 14,1967,it
being adjuoted that said Will and
Codicil have been dUly proved,they
are hereby admitted to probate and
ordered to be recorded,and Letters
Testamentary are issued to The
Union National Bank of Pittsburgh,
in said Testament named,whose
proper officer wes dUly qualified.
Josephine M.Dougl&s,
Register of Wills .
LAW OFFICES OF
THORP,REED &ARMSTR0NG
2900 GRANT BUILDING
PITTSBURGH 19)PENNSYLVANIA
•
-~-"
WILL BOOK 104 PAGE 383
Jr'
1\ppliratton for ilrohatr of mnl uf.J.am.e.s...E D.1IDc.an,3rd .
M M _.late of E§.I?:t Wg.~hJ.I]g:t.Qp.~.9.r.9.'Y:g!.L ,Washington County,
Pennsylvania deceased,and (g)l'ant uf 1!il'ttrr.a UJl'.ataml'ntary.
REGISTER'S OFFICE,}
WASHINGTON COUNTY,SS.:
Before the Register of Wills of Washington
The Union National Bank of Pittsburgh by J.Donald
County,personally appeared P.att.QD S.eniQr Jl.iCe.P.r.e.side.nt wh0 being
duly sworn says that....;r.?ffi.E;l.~E.,P.J.ID.l;<.ao 3r.d late resident of
112 LeMoyne Avenue,East
ltla,shingt.Qn B.QI:ou.g}:t ,Washington County,Pennsylvania,a citizen of....P..enn,sy.l:ll.a.n.ia died
testate at....W!ashingtan..Manar..,...:Vlashingtan.,..P.a on the lO.thday of...S.ept.em.'b.er A.D.19 6.7...
at...l2:45 o'clock p.m.,age 51 leaving an estate of the estimated value of $unk.nQ\Ul ..
personality,and $unk.nawn realty,said real estate being located in Eas.t...1tlashingt.o.n...
..B.Q.:r.Q:y.,gb W.~§.b..:lxurt.Q.'O'c..Q:Y,O.tY..P..~.t\P..J?y.l.'l/'.@i..a ..
The decedent's legatees and devisees are as follows:
NAME
Dorothy Donnan Duncan,Trustees under
Fifth Paragraph (Trust B)of the Will
RELATIONSHIP RESIDENCE
112 LeMoyne Avenue
Testator has .ng,t married and nQ children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated..r.e.~rnaO....7..,....l9.9.G....an9....C.g,Q.i~il ...9.§.:t~.Q....April
and Codicil 30,1963
may be admitted to probate as the last Will and Testament/of said decedent,and to grant Letters Testamen-
tary thereon to Tbe.Union Natianal Bank...o.t:P.ittshur.gh _..
whose postoffice address is....P.._....Q._...B.Q~..#.e3'J.....(r.QID;'.t.h...f)J).9...W9.9.9.L r.i:tt.~Q'Y:r.gh"P.~P..P..;;1.y.J:y.1W.j...~"'..J5.230
. . ////I The Union National Bank of PittsburghSwomtoandsubscnbedbeforemethlS....t..q..................~
(jay OL~l't.mll.or···_···_···A······_·A.D.19-.62..··Jl;y···-·a~niO;·Vic·.h~;;······_···_·_···_··-I·~r~·~~:.~~~;;··_·_.__..__._.__..__._.
COMMONWEALTH OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY,..
~J •.Donald.Patton,Senior.Vice Pr~Sident
And now .3eptember.Lf.',19 ta..,comes..JlIU.Q.n..N.at.J,.Q.nal :e.Mk Q;[..P.A..t:t.~.l;>:\J.l',g .
the Bank as
who being duly sworn doth depose and say that.E.x.ecu.t.a:r.....will well and truly administer the goods and chat-
tels,rights and credits of :".J8!Ues E .DuJ:l~aLl.,.Jrd deceased,
to the best of ....its.....skill and judgment in strict compliance with the laws of this Commonwealth,mind-
of The
ful of the laws relating to inheritance taxes.
$.Sworn and subscribed before me this L.~~..,/~/.;~J.:[aI:..resident
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•
LAST WILL AND TESTAMENT
OF
JAMES E.DUNCAN,III
•
I,JAMES E.DUNCAN,III,of the Borough of East Washington,
County of Washington and Commonwealth ofA Pennsylvania,being of
sound and disposing mind,memory and understanding,do make,
publish and declare this to be my Last Will and Testament,hereby
revoking and declaring null and void any and all other Wills and
Codicils by me at any time heretofore made.
FIRST:I direct that the expenses of my last illness
and funeral be paid out of my estate as soon as may be convenient
after my death.
SECOND:I give and bequeath to my wife,DOROTHY DONNAN
DUNCAN,all household goods,furniture,furnishings,books,
pictures,paintings,silver,chinaware,jewelry,automobiles and
personal effects which I may own at the time of my death,to-
gether with any policies of insurance thereon;PROVIDED,however,
that if my wife should fail to survive me,I give and bequeath
to my children surviving at the time of my death so much of said
property as they or the person having custody of them may select,
in such shares as they may determine,and the rest of said property
shall be sold and the proceeds added to my residuary estate.In
the event any of my children should then be a minor,I authorize
my Executors to deliver such minor's share of said property,
without bond,to the person having custody of such minor,and the
receipt of such person shall be a complete discharge of all obliga-
tions of my Executors with regard to such minor's share of said
property.
THIRD:For the purposes of this instrument,if my wife
and I shall die as a result of a common accident or occurrence
••
under such circumstances that it is impossible to determine
which of us shall have survived the other,then my wife shall
conclusively be presumed to have survived me.
FOURTH:If my wife,DOROTHY DONNAN DUNCAN,survives
me,I give,devise and bequeath to THE UNION NATIONAL BANK OF
PITTSBURGH,Pittsburgh,Pennsylvania,and my wife,DOROTHY DONNAN
DUNCAN,IN TRUST NEVERTHELESS,to be held by my said Trustees as
TRUST A
a portion of my estate having a value equal to fifty (50%)per cent
of the value of my adjusted gross estate as finally determined for
Federal Estate Tax purposes,PROVIDED,however,that this portion
of my estate shall be reduced by the value for Federal Estate Tax
purposes of all interests in property and proceeds of insurance
on my life which pass or have passed to my wife under the other
provisions of this Will or otherwise than under this Will,but only
to the extent that such interests in property and proceeds of
insurance are included in my gross estate for Federal Estate Tax
purposes and qualify for the marital deduction.This portion of
my estate shall be undiminished and unaffected by any death taxes.
Notwithstanding anything to the contrary contained in this my Will,
I direct that there shall not be allocated to this portion of my
estate any property or the proceeds of any property which would
not be allowed as a part of the marital deduction in determining
the Federal Estate Tax on my estate.
(A)During the lifetime of my wife,DOROTHY DONNAN
DUNCAN,the Trustees shall pay the net income (hereinafter called
"Income")from "Trust A"quarter-annually to her or for her benefit
and shall pay to her in addition such sums from principal as she
may from time to time request in writing,even to the exhaustion
thereof.
(B)If such Income shall be insufficient in the opinion
of the corporate Trustee to provide for the welfare,comfort,
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••
recreation and support of my wife and she is for any reason
unable to exercise her power of withdrawal,the corporate Trustee
is authorized in its discretion to use so much of the principal
of "Trust A"as may in its opinion be advisable therefor.
(C)The right of my wife to the Income of "Trust A"
shall not be subject to assignment,alienation,pledge,attach-
ment or claims of creditors.
(D)Upon the death of my wife,the corporate Trustee
shall transfer and deliver the remaining principal of "Trust N',
together with any accrued or undistributed Income thereon,to or
for the benefit of such one or more persons,corporations or other
organizations,including her own estate and creditors,in such
amounts and subject to such trusts,terms and conditions as my
wife may by her Will,making specific reference to the power herein
granted,appoint.In the event of her failure so to exercise this
power,the remaining principal of "Trust A"and any accrued or
undistributed Income shall be added to and become a part of the
principal of "Trust Bit,created under the terms of Article FIFTH
hereof,to be continued in trust or distributed upon the death of
my wife as is provided in said Article.
FIFTH:All the rest,residue and remainder of my estate,
real,personal or mixed,wheresoever situate,including the
property covered by Article FOURTH hereof if my wife fails to
survive me,I give,devise and bequeath to THE UNION NATIONAL BANK
OF PITTSBURGH,Pittsburgh,Pennsylvania,IN TRUST NEVERTHELESS,
to be held by my said Trustees as
TRUST B
for the following uses and purposes:
A.The Trustees shall divide the principal of this trust
into as many equal shares as I shall have children then living and
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••
children then deceased who have issue then living,such issue to
take by representation the share to which the parent if living
would have been entitled.
1.Any share so set apart for issue of a deceased
child shall be transferred and delivered to such issue absolutely,
per stirpes,subject to the provisions of the minor beneficiary
clause hereinafter contained.
2.The share set apart for each living child shall
be held in a separate trust.During his or her minority,the net
income (hereinafter called "Income")therefrom shall be added to
principal,to be invested as such;PROVIDED,however,that the
Trustees are authorized in their discretion to use from time to time
so much of the Income and principal as they deem advisable for the
welfare,comfort,recreation,support and education of each child.
After each child attains the age of twenty-one (21)years,the
Income shall be paid quarter-annually to him or her or for his or
her benefit for so long as he or she shall live;PROVIDED,however,
that each child shall have the right to withdraw sums from the
principal of his or her trust in accordance with the following
schedule:
a.At any time after attaining the age of
twenty-one (21)years,each child may withdraw such
sums as shall not exceed one-third (1/3)of the
market value of said principal as constituted on
his or her twenty-first (21st)birthday;
b.At any time after attaining the age of
twenty-five (25)years,each child may withdraw
such sums as,when added to any previous withdrawals
under subparagraph a.above,shall not exceed two-
thirds (2/3)of the market value of said principal
on his or her twenty-fifth (25th)birthday,and at
any time after attaining the age of thirty years,
each child may withdraw any or all principal remaining.
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---------------------------------------
••
3.If any child shall die before the complete
termination of his or her trust,the remainder thereof shall be
transferred and delivered to or for the benefit of such one or
more persons,corporations or other organizations,exclusive of
his or her own estate and creditors,in such amounts and subject
to such trusts,terms and conditions as he or she by his or her
Will,making specific reference to the power herein granted,may
appoint.If he or she should fail so to exercise this power,
the remainder of his or her trust shall be transferred and
delivered,per stirpes,to his or her surviving issue or,if none,
to my then surviving issue,per stirpes;PROVIDED,however,that
any share thus accruing to any other child of mine shall be
added to and become a part of the principal of his or her separate
trust hereunder,if the same is still in existence.
4.In the event that any payment of Income here-
inbefore authorized to be made to any of my children shall be
insufficient,in the sole opinion of the Trustees,to provide for
the welfare,comfort,recreation,support and education of such
child and members of his or her immediate family,the Trustees are
authorized in their discretion to use from time to time so much
of the principal of the trust from which such child is then
entitled to receive Income as may in the opinion of said Trustees
be advisable therefor.
5.The interests of the beneficiaries hereunder
shall not be subject to anticipation or to voluntary or involuntary
alienation;and the principal and Income shall be paid by the
Trustees direct to or for the use of the beneficiary entitled
thereto,without regard to any assignment,order,attachment or
claim whatever.
SIXTH:I direct the Trustees to hold,administer and
distribute as part of Trust A hereinbefore established fifty (50%)
-5-
•
;
•
per cent of all life insurance proceeds payable to the Trustees
as beneficiaries of life insurance policies in effect on my life,
and to hold,administer and distribute as part of Trust B here-
inbefore established the balance of all such life insurance
proceeds payable to the Trustees as beneficiaries under said
policies.If this Will for any reason should not be probated,I
direct the corporate Trustee to administer all life insurance
proceeds payable to it as Co-Trustee under trusts having terms
identical with those established herein.
SEVENTH:In acting as Trustees hereunder,the Trustees
shall have full power and authority,without the necessity of
obtaining the consent of any court,to do all acts,to execute,
acknowledge and deliver all instruments and to exercise for the
sole benefit of the beneficiaries hereunder any and all powers
and discretions which would be lawful for them were they in their
own right the actual owners of the property held in trust,
including by way of illustration,but not limitation,any or all
of the following:
(1)To accept in kind any investments or
other property,real or personal;
(2)To retain any or all securities and
other property,real or personal,which at any
time may be or become a part of the Trust Estate,
as well as any property into which the same or any
part thereof may be converted by reason of any re-
organization,recapitalization,consolidation,
merger,liquidation,exchange or other transaction,
for such time as the Trustees shall deem advisable;
(3)To sell,convert,assign,convey,exchange,
transfer or otherwise dispose of,or grant options
with respect to,any or all securities or other
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••
property,real or personal,at any time con-
stituting part of the Trust Estate,at public or
private sale,for such consideration and upon such
terms and conditions as the Trustees shall deem
advisable,and without liability on the part of
the purchaser to see to the application of the
purchase money or to inquire into the validity or
propriety of such sale;and to execute and deliver
good and sufficient deeds for any real estate,
conveying title free and clear of all trusts;
(4)To hold in the form of cash,awaiting
distribution or desirable investments,such portion
of the Trust Estate as at any time and from time
to time the Trustees in their discretion shall deem
advisable,without liability to account for interest
thereon;
(5)To invest and reinvest the Trust Estate
or any part thereof in any kind of property,real
or personal,or part interest therein,including,
without limitation,mortgages or mortgage participa-
tions,common trust funds,common stocks,preferred
stocks,bonds,notes,and other securities,regard-
less of whether the same are legal investments for
trust funds as now or hereafter defined by law,
whether by statutory enactment,judicial decision
or otherwise;
(6)To manage and operate all real estate at
any time held hereunder;to lease all or any part
of the same for such terms and rentals and upon
such conditions as the Trustees shall deem advisable,
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••
notwithstanding the terms of such lease may extend
beyond the life of any trust hereunder;to release,
partition,vacate or abandon the same;to grant and
acquire licenses and easements with respect thereto;
to make improvements to or upon the same;to con-
struct,demolish,alter,repair,maintain and re-
build buildings and other improvements;and to use
other assets of the Trust Estate for any of such
purposes;
(7)To carry the securities and other property
held hereunder either in their own names or in the
name of a nominee;
(8)To vote,in person or by proxy,all
securities held hereunder;to join in or to dissent
from and oppose the reorganization,recapitaliza-
tion,consolidation,merger,liquidation or sale
of corporations or properties;to exchange securities
for other securities issued in connection with or
resulting from any such transaction;to pay any
assessment or expense which they may deem advisable
for the protection of their interests as holders
of any such securities;to deposit securities in any
voting trust or with any protective or like
committee or with a trustee or depositary;to exer-
cise any options appurtenant to any securities for
the conversion thereof into other securities;and to
exercise or sell any rights issued upon or with
respect to the securities of any corporation;all
upon such terms as the Trustees shall deem advisable;
(9)To prosecute,defend,compromise,arbitrate
or otherwise adjust or settle claims in favor of or
-8-
••
against the Trustees or the Trust Estate;
(10)To make division or distribution of any
trust hereunder in kind or in cash,or partly in
kind and partly in cash,to determine the fair
value of the property then being placed in trust,
divided or distributed and to allot different kinds
of or interests in property to different shares.
The Trustees may take any action that may be
necessary or proper in making any such division or
distribution,and the designation,division or
partition of any or all of said property,real or
personal,shall be binding and conclusive upon all
persons interested therein.
The Trustees shall have full power,authority and discre-
tion to deal with any situation which may arise respecting the
Trust Estate or any part thereof in such manner as they shall deem
advisable and for the best interests of the trust.The grant to
the Trustees of any specific power,authority or discretion,or
the failure to grant specifically herein any other power,authority
or discretion,shall not be construed to limit or curtail in any
way or to any extent said full and complete power,authority and
discretion which it is intended and directed shall be exercisable
at all times by the Trustees respecting any and all matters of
whatsoever character pertaining to the Trust Estate or any part
thereof.
EIGHTH:As between the Trustees,the corporate Trustee
shall perform all ministerial and administrative duties,including
the keeping of books and records,acting as custodianof the trust
property and preparing all necessary tax returns.The individual
Trustee shall have full power and authority to delegate from time
to time to the corporate Trustee by an instrument in writing any
or all her rights,powers and duties as a Trustee hereunder to the
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••
end and purpose that the corporate Trustee may be enabled to
act in all respects for both of the Trustees hereunder during the
term of such delegation.In case of the death,resignation or
incapacity of the individual Trustee,no successor shall be
appointed,and the corporate Trustee shall have all powers and
duties herein given to both Trustees.
NINTH:The corporate Trustee shall be entitled to receive
annually compensation for its services hereunder in accordance
with the schedule of compensation of the Trustee currently in
effect when the services are performed,but not in excess of such
compensation as would be approved by a court of competent jurisdic-
tion.
TENTH:If any minor shall be entitled to receive any
property by reason of my death which is not subject to administra-
tion by the Trustees,whether such property is received under this
Will or by the terms of any insurance contract or otherwise,with
the exception of the tangible personal property given under Article
SECOND hereof,I appoint THE UNION NATIONAL BANK OF PITTSBURGH,
guardian of the estate of said minor as to such property,giving
and granting to such guardian,in addition to and not in limitation
of all powers conferred by law,the following specific powers,to
be exercised in its sole discretion and without order of court:
to retain in kind any such property,real or personal,received by
it from any source;to sell any such property upon such terms and
conditions as it believes advisable,giving good title to any real
estate thus sold;to invest and reinvest in such stocks,bonds and
other investments as it deems advisable,without being limited
to those investments in which guardians are by law required to
invest a minor's funds;and to disburse to or for the benefit of
such minor so much of the income from and the principal of the
minor's said property as it deems advisable for the minor's comfort,
welfare,maintenance,support and complete education,including
preparatory,college and post-graduate or professional training.
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••
ELEVENTH:I direct that all estate,inheritance and
other taxes in the nature thereof,together with any interest
thereon,becoming payable because of my death with respect to
the property constituting my gross estate for death tax purposes,
whether or not such property passes under this Will,with the ex-
ception of any property which may be included in my estate merely
because of a power of appointment I may have thereover,shall be
paid from the residue of my estate passing under Article FIFTH
hereof;and no legatee or devisee or any person having a beneficial
interest in any such property,whether under this Will or any
Codicil thereto or otherwise,shall at any time be required to
refund any part of such taxes.In the absolute discretion of my
Executors such taxes may be paid immediately,or the payment of
taxes on future or remainder interests may be postponed until the
time possession thereof accrues to the beneficiaries,in which
event such taxes shall be paid by the Trustees out of the principal
of the trust subject thereto.
TWELFTH:I appoint THE UNION NATIONAL BANK OF PITTSBURGH,
Executor of this my Will,giving and granting to my Executor the
same broad powers of retention,sale,conversion,investment and
management of my estate,real and personal,as are granted to my
Trustees under this Will,and in addition the right to distribute
my securities or other property in kind to my Trustees.
IN WITNESS WHEREOF,I have hereunto set my hand and seal
to this my Last Will and Testament,this '7~day of February,1962.
r.-rn<4.<E ~)k (SEAL)
Signed,sealed,published and declared by the above-
named Testator,JAMES E.DUNCAN,III,as and for his Last Will and
-11-
Testament,in the presence of us,who,at his request and in his
presence,and in the presence of each other,have hereunto sub-
scribed our names as witnesses.
,
,JO<....
-12-
•
•
LAST WILL AND TESTAMENT
OF
JAMES E.DUNCAN,III
LAW OFFICES OF
THORP,REED 0.ARMSTRONG
2900 GRANT BUILDING
PITTSBURGH 19,PA.
•
FIRST CODIC IL
TO
LAST WILL AND TESTAMENT
e·
I,JAMES E.DUNCAN,III,of the Borough of East Washington,
County of Washington and Commonwealth of Pennsylvania,do hereby
make and declare this First Codicil to my Last Will and Testament
dated February 7,1962.
I hereby delete Paragraph FOURTH,subparagraph (A)of
my said Last Will and Testament and substitute therefor the
following:
"(A)During the lifetime of my wife,DOROTHY
DONNAN DUNCAN,the trustees shall pay the net income
(hereinafter called 'Income')from 'Trust AI quarter-
annually to her or for her benefit and,in addition
thereto,shall have the right in the event,and only
in the event,of severe or critical need or hardship
affecting my wife to expend such sums from principal
for her benefit (but not directly to her)as my corpo-
rate trustee in its sole discretion shall deem nec-
essary under the circumstances."
In all other respects,I hereby confirm my said Last
Will and Testament dated February 7,1962.
IN WITNESS WHEREOF,I have hereunto set my hand and
seal this Q .f.-SL day of ,1963.
f-~E.,~4'(SEAL)
Signed,sealed,published and declared by JAMES E.
DUNCAN,III,the Testator above named,as and for the First
Codicil to his Last Will and Testament dated February 7,1962,
in the presence of us,who,at his request,in his presence and
in the presence of each other,have hereunto subscribed our
names as witnesses thereto.
/7
'.
illnmmnuwraltq Df Jruusyluauia
DlIaBijtngton monntg.BB:
..II #L ~tvz-.BE IT REME~ERED,That upon th(:).I.::z:day of ~~..
19.C<..7..,befo'e m~#~djl a~~Registe'fo,the p'ob,te of
Wills and granting Letter of Administration within and for said count(')~ame;~d',..~:.1t,d~P:.,~~J.!d.~~~..............V ;)the subscribing witnesses to the foregoing attached Will of
~:Z:::'~t:::i~::l:::~:::;~~;:=:~:;::::,~~:::;~::;~::·::;::;::::;:;;~:
execution of said Will-saw the testat....~sign the same-heard /~publish it as and for
.....~.......Iast Will and Testament;that they at...~.......request,in ~presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat...~~was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
~J.k~7·.....'2l;.M.r.~~.
QInuuty nf lIali~iugtnuf lili.
Register's Office¥,./f':.!!:..A.D.,19.';...7
Personally appeared ~.;.!.~.;.~~p..~~~.~.~.9..~QP...~q.t..the subscribing witnesses to
Codicil No ~under date oL ~.p.r.J!~9.~A.~J.~.9.~to the fore-
going last will and testament oL ~~.~!.~~.~P~.~.~.~~.'-.:s..J;~..•deceased,
dated ~~.~.~?~~.~~.~.~~19 ,and on ~~.~solemn J'-!il.tA did say that
.......................................~.~~~.!t.present,and did see and hear ~~.~..~~.~.P.~~~~.~.I..~~~.
deceased,the testa..t.~~therein named,sign,publish and declare the same as and for a Codicil
to ~~.~..last will and testament,and that at the doing thereoL ~~.
was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge
and belief./
..............~and subscribed
before me the day a,nd year afors~
Q~L£~,g~~2V·J itt:1..!:RegIster
who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting
James E.Dunean,3rd..of ,Deceased,Testator to the foregomg
Codicil April 30th.1963:x«ll dated 19 ,and that the signature
.James li.Duncan,3rd....of saId X~.xscblUll~IS m hIS oJt.Xac
own proper handwriting,as they,the affiants,verily believe.
One of
1 i.Also,that/the subscribing witnesses iJtJt not now within this jurisdiction.
~;;;~;;;;i~and ,ub"ribed l~!l:E~
~~'"2.CJ~~~7Jr.~~~..,L~£A.........C~·······
'-'9 JOSEPHINE M.DOUG S,Register