HomeMy WebLinkAbout11-07 Final PlatBK923PG0713
ow= CONFIBMATICN OF PLAT
I, the undersigned property owner, acquired by certain deeds
that were recorded among the Land Records of Frederick County,
Virginia in Deed Book 261, at Page 399 and Dead Book 190, at Page
441, re spectively and by Will recorded in Will Book 68, at Page
460. This property has been surveyed by Edward W. Dove, L.S., of
Dove & Associates, and is shown on a plat dated July 1, 1998, which
is attached hereto.
We confirm this plat as being correct to the beet of our
knowledge and belief, and we hereby request that this plat be
recorded among the Land Records of Frederick County, Virginia.
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Cora C. Smith, Land Owner
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, �TO_ -WITS
I, Vc1Ylry_.S. �T�1�y certify that Cora C. Smith, whose
name in signed above, personally appeared before me in the City of
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Winchester, Virginia, and acknowledged the same on December
1998.
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I, CORA C. SMITH, of Frederick County, Virginia, being of
sound and disposing mind and memory, do hereby make, publish and
declare this to be my Last Will and Testament, hereby revoking all
prior Wills or Codicils thereto by me made.
ARTICLE I
FIRST, I direct that all my legally enforceable debts, taxes
and funeral expenses (including a suitable monument or marker for
my grave) be paid as soon as practicable, without being required to
exhaust personalty before realty. All estate and inheritance taxes
upon or in respect to any property deemed to be a part of my estate
for tax purposes, whether such taxes be payable by my estate or by
a recipient of any such property, shall be paid by my Executor out
of the residue of my estate, without being recovered from or
apportioned against the share of any recipient.
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ARTICLE II
SECOND, I give, devise and bequeath as follows:
1. The bow front china cabinet, if owned by me at the time
of my death, absolutely, unto Sandra L. Love.
2. The sum of Ten Thousand Dollars ($10,000.00) to each of
the following who survive me, absolutely: Dora Graves, Irene
Pierce, Eva DeHaven, Scarlet M. Jenkins, Douglas L. Clark, Sr. and
Jacqueline DeHaven.
3. I give and devise any real estate owned by me at the time
of my death, including my home, unto Sandra L. Love, in fee simple,
if she survives me. In the event the said Sandra L. Love
predeceases me, then I devise any real estate owned by me at the
time of my death, including my home, to my Executor hereinafter
named to sell as soon as possible after my death and thereafter to
divide the net proceeds equally among the named beneficiaries who
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survive me as listed hereinabove in Article II, Paragraph B.
4. All the rest and residue of my estate, whether real,
personal or mixed property, I give, devise and bequeath in equal
shares to the named beneficiaries who survive me as listed
hereinabove in Article II, Paragraph B, provided, however, that
Dora Graves shall have her choice of one of the three rocking
chairs, if any, owned by me at the time of my death.
ARTICLE III
THIRD, for convenient administration, my Executor shall have
all the authority conferred upon a fiduciary by Section 64.1 -57 of
the Code of Virginia of 1950, as amended, as in force at the date
of my death, as though fully set forth herein.
ARTICLE IV
• FOURTH, I nominate and appoint my niece, Sandra L. Love, as
Executor of this Will, and I request that my Executor be permitted
to serve without giving surety upon her official bond. In the
event that my named Executor shall predecease me or fail to qualify
or complete the administration of my estate, then I direct that
Jacqueline DeHaven shall be Executor with full authority to
complete the administration of the estate without surety bond.
ARTICLE V
A. Where appropriate, the masculine as used in this Will
shall include the feminine and neuter, the singular the plural, and
vice versa.
B. I may leave a letter of intent with my Executor, or
another person, for the purpose of giving guidance to my Executor
in the distribution of my estate among the foregoing beneficiaries,
and I request that, but do not require, that my Executor honor my
• wishes therein expressed.
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C. Any beneficiary who fails to survive me by one hundred
twenty (120) hours shall be deemed to have predeceased me, and the
gift to such beneficiary shall be disposed of accordingly.
IN WITNESS WHEREOF, I have on this 9th day of August, 1999,
set my hand and seal to this my Will consisting of four (4) pages.
(SEAL)
Cora C. Smith
The foregoing signature of the Testator was made and the
foregoing Will was acknowledged to be her Last Will and Testament,
by the Testator, in the presence of us, two (2) competent
witnesses, present at the same time; and we, the said witnesses, do
hereunto subscribe the said Will on the date last above written, in
the presence of the Testator and of each other, at the request of
the Testator, who was then of sound mind and over the age of
e'g teen (1 ' years.
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sT TE OF VIRGINIA, AT
CITY OF WINCHESTER, To -wit:
Before me, the undersigned authority, on this day, personally
a p aced Cora C. Smith, /�_ L w of t a. _ and
known to me to be the Testator
and witnesses, respectively, whose names are signed to the
foregoing instrument and, all of these persons being by me first
duly sworn, Cora C. Smith, the Testator, declared to me and to the
witnesses, in my presence, that said instrument is her Last Will
and Testament and that she had willingly signed the same, and
executed it in the presence of the said witnesses as her free and
voluntary act for the purposes therein expressed; that said
witnesses stated before me that the foregoing Will was executed and
acknowledged by the Testator as her Last Will and Testament in the
presence of said witnesses who, in her presence and at her request,
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and in the presence of each other, did subscribe their names = '
thereto as attesting witnesses on the day of the date of said Will,
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and that the Testator, at the time of the execution of said will,
was over the age of eighteen (18) years and of sound and disposing
mind and memory
Sworn and acknowledged before me b Cora C. Smith, the
Testator, Il-� 4J iu4nb and CO�..w.a_ S
witnesses, this 9th day of August, 1999.
My commission expires June 30, 2002. 2
Notary Public
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LIST OF TANGIBLE PERSONAL PROPERTY
OF
CORA C. SMITH
In accordance with Section 64.1 -45.1 of the 1950 Code of Virginia, as
amended, and pursuant to my Last Will and Testament, I give the following
items of tangible personal property to the person (as specified in this
document):
DONEE ITEM DESCRIPTION /LOCATION
1
2
3
4
5.
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6.
7.
8.
DATED this day of , 1999.
Cora C. Smith
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