The Authors Guild, Inc. et al v. Hathitrust et al

Filing 82

DECLARATION of Paul Aiken in Support re: 81 MOTION for Summary Judgment.. Document filed by Authors' Licensing and Collecting Society, Pat Cummings, Erik Grundstrom, Angelo Loukakis, Norsk Faglitteraer Forfatter0OG Oversetterforening, Roxana Robinson, Helge Ronning, Andre Roy, Jack R. Salamanca, James Shapiro, Daniele Simpson, T.J. Stiles, Sveriges Forfattarforbund, The Australian Society Of Authors Limited, The Authors Guild, Inc., The Authors League Fund, Inc, Union Des Ecrivaines Et Des Ecrivains Quebecois, Fay Weldon, the Writers' Union of Canada. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1), # 5 Exhibit D (part 2), # 6 Exhibit D (part 3))(Rosenthal, Edward)

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EXHIBIT C JEREMY~ HOWE ATTORNEY & COUNSELOR AT LAw JEREMY~ HOWE JOSEPH M. PROIETTA* * ALso ADMITTED IN MAssACHUSETIS April 23,. 2003 Authors Guild 3.1 E. 28th Street New York, NY 10016 Re: Last Will A.nd Testament ofMichael Drury Dear Authors Guild: As the Executor appointed by the Probate Court ofthe City of Newport, State ofRhode Island~ I am notifying. you~that you are named as a -beneficiary in·the Last Will and Testament of Ms. Michael Drury. Enclosed Please find a copy of Ms. Drury's Will naming the Authors Guild beneficiary of all her copyrights past and present. I will keep you informed of our progress throughout the probate process, however, should you have any questions regarding this matter please feel free to contact me. loseph M. Proi¢tta JMPIkpm enclos.ure(s) ~1 \ SS~ r ,~\~") b \(\>(Die~~ c.ov.\SJ \S\.~ . ~ . .J One Courthouse Square • Newport, Rhode Island 02840 Phone (401) 841-5700 e Fax (401) 849-0897 elawandmediation@counsellsLcom LAST WILL AND TESTAMENT OF MICHAEL DRURY I, Michael Drury, of the City ofNewport, County ofNewport, State of Rhode Island, being of full age, sound mind, and disposiJ1g mem0I}'., and knowin...g the nature and extent of my property and the objects of my bounty, do make, publish and d·eclare this to be my Last Will, and I hereby revoke all Wills and Codicils heretofore made by me. FIRST: I direct that all my debts, funeral bills, expenses afmy last illness, expenses of administration of my estate, inheritance., transfe~., successio~ and l~acy taxes p~able by my estate or payable on the ·bequest or devises made herein, ·be ·paid out of my estate as ·an expense of administration and without apportionment. I direct my said Executor that there shall be no funeral, memorial service or other rites of any kind and that the body is to be cremated as quickly as the law allows by the Hill Funeral Home in East Greenwich, Rhode Island, in accord with the arraQgements I have made with them. 1 copyrights held by me, past and present, shall go to the Authors Guild treet in New Vorl\, NY 10016 and th~y shall retain the whole.profits., if any. T~~sion to said -charitable organization is for its general uses and purposes and is not restricted in any way. THIRD: I give and bequeath to ST.GEORGE'S CHURCH, of the City and County of Newport., .State of Rhode Island, all my clothi~.E, jewelry, and accessories. If. ST. GEORGE'S CHURCH is unable to accept the bequest, it shall ·be turned over to Holy ·Cross ·Church in Middletown, Rhode Island. The foregoing provision to said charitable organization is for its general uses and purposes and is not restricted in any way. FOURTH: I wish the Redwood Library ofBellevue Avenue, Newport, Rhode Island, first refusal on any of the books I own, and of any copies I hold of books I have written. The foregoing provision to said charitable organization is for its general uses and purposes and is not restricted in any way. J'f\1'\ ~ FIFTH: I give and beque'ath ·all of my household furniture and fumishings:J silverware, personal effects and other tangible personal property (which term does not include cash, bank accounts, and securities) wherever the same may be located which I may own at my death to Lawren9~ Graham, now or formerh' of 121 Van Zandt Avenue in Ne~port, Rhode Island. If Lawrence Graham shall not survive me, then said property referred to in this article shall become a part of the rest, residue and remainder of my estate. ·SIXTH: Any savings and checking accounts or other securities or certificates of deposit in my name jointly with any other l'erso~ are to be considered accounts of convenience and my intention is that the entire funds in said account should be added to my estate. ,SEVENTH: All the rest:J residue and remainder afmy estate~ real and personal and wherever located, which I may own or be entitled to at the time of ~y deat~ but not includi~Z any property over which I shall have power of appointment, which power I do not exercise, I give, devise and bequeath to JoAnn Bills, absolutely and in fee simple. EIGHTH: Without the necessity of obtaining leave of any Court, my Executor shall have full power: a. To sell, (at public ,or private sale), mortgage, transfer, and convey in such a manner and on terms (including credit) as deemed advisable, any and all property in my estate; b. To settle, adjust, co~pfomise~ <?f..p ay claims asserted in favor of or ~.Eainst my estate, and to agree to any recisio,n or modification or any contract or agreement made byrne; c. To make distribution in kind, at a valuation to be final and conclusive to the distributee or distributees; and d. To apply any property payable or distrib~table to an infant either directly or through payments to a guardian or parent of such infant or person with whom such infant resides, and the receipt of any such guardian, parent or person shall be a full discharge for all property so applied. t"'~ [2] ._.- .·_····~·"""~"..,'''~~,·~;;;';~;~fi~!MI.~ WITNESS AFFIDAVIT" .... .:~. STATE OF RHODE ISLAND time of execution of said Will, the Testatrix appeared to be of sound min(~ra#~t~igl!!~~~~t€I,~lt~ •...• ;.:.. 0":" SUBSCRIBED AND SWORN to before me on the day and date fu;s~· abov~ Writte~~~:":"":'-: \j"'" .' .. . A.,' :..>f ) ~ :' ..... ~ .". ..:."..: '".. ~ Nota:ry P. ,-' ·:;1' [5] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ residing at [4] ----:- _ ' ~ ·.~, -~,-~·<,;C';~,,"~~!?-e-n;~'Y~~~bf£'i~t't~~i-i'~i%t~~~~~~~~~;~;• . . ..' J.~/ &::.c:/ &::.~~J. I, MIGNON G. EBERHART, of the Town of Greenwich, County of Fairfield and State of Connecticut, 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 wills and codicils heretofore made by me. ARTICLE I. I direct that all of my just debts, except debts secured by any mortgage on real estate, my funeral expenses and the costs of administration of my es- tate be paid as soon as practicable after my death. In their sole discretion my Executors may pay from my domicili- ary estate all or any portion of the costs of ancillary administration and similar proceedings in other jurisdictions. ARTICLE II. I direct that there shall be paid out of my general estate as an expense of administration, taxes (together with any interest or p~nalty thereon) im- posed by the government of the United States or any state or territory thereof, or by any foreign government or politieal subdivision thereof, in respect of all prope~ty re- quired to be included in my gross estate for estate or like tax purposes by any of such gov~rnments, whether the proper- ty passes under this my will or otherwise, without contribution by any recipient of any such property. ~' {.>:::~.~ -'. -,. ARTICLE III. I give and bequeath to RICHARD ."', . >.>~, HOLMS and VERA BOLMS presently of 8 Franklin Avenue, West- port, Connecticut 06880, or to the survivor of them, the ------ __ .. .. -.:~ -.._-----_.- _.. _---_._-- 12:08 10/22/2001 CURT1S,BRINCKERHOFF & BARRETT ~ NO. 022 912125645353 V018 sum of Ten Thousand Dollars ($10,000.00>, absolutely and forever. ARTICLE IV. I give and bequeath to each of the following named persons who survive me the sum of One Thou- sand ($1,000.00) Dollars as a token of friendship: (a) EVELYN TOMCHEK presently of Nicholas Avenue, Greenwich, Connecticut; Cb) JUDY PARKER, presently of 4 East Lyon Farm, Greenwich, Connecticut; (c) Bre~ster, DORIS QUALLEY, presently of 102 Pine Ridge, Massachusetts; and (d) CAROLINE DONOVAN, presently of Hillside Avenue, Goldens Bridge (Lewisboro), New York. ARTICLE v. I give and bequeath to presently of 237 Hickok Road, GW~NNE PFEIFER New Canaan, Connecticut 06840, all of my jewelry and my yellow Kerman living room rug. In the event GWYNNE PFEIFER shall predecease me, I give and bequeath said property to her daughter, KERRY PFEIFER, to her absolutely and forever. I authorize my Executors or Trustees to held such property for the said KERRY PFEIFER until she shall attain the age of eighteen (18) years and I direct my Executors or Trustees to pay all expenses of storing and protecting the same and to the extent required, such charges shall be paid out of the trust in Article IX hereof. It is my request that GWYNNE PFEIFER take ca~e of my dog, BEAU GESTE. I give and bequeath to WILLIAM ARTICLE VI. VOGELSANG presently of 5933 Maybill Drive, Madison, 2 - ....- _ , -.:- " ""; t.. .-=. i .. --. --- .. _ "' __ .. _--_ . 1'2)/22/20131 CURTlS,BRiNCKERHOFF & BARRETT 12:08 ~ 912125645363 sea~ch [1019 I specifically request Wisconsin 53711, my writing desk. that WILLIAM VOGELSANG NO. 022 all of my personal files and destroy any personal accounts or letters which woUld not be I i , i considered literary property. I also give to the said I I WILLIAM VOGELSANG any objects d'art not· otherwise be- 'I queathed and which he may select within three (3) months I I after my death and any books of mine which he may choose, I I ! the same to be his absolutely and forever. I desire that BRANDT & BRANDT ARTICLE VII. presently of 1501 8roadway, New York, New York continue to handle all matters regarding my literary property. ~ :~ ::i ~ my request that they collect all royalties or other income from such property and deliver the same to the AUTHOR'S i. ~ ~ J- It is GUI~D OF THE AMERICAN LEAGUE OF AUTHORS. .t) ,.~ I direct that BRANDT & BRANDT shall continue as 1-- !!J !i ~ ~ 't'o literary agent for any new or existing contracts throughout 1'. t: J: tl. ~ the duration of my estate. ,j i1 It: ,:i j;: ARTICLE VIII. ~ u I give and bequeath all of my riqht, title and interest including, but not limited to, literary rights in an incomplete literary work entitled "Cherchez la Femme" to CAROLINE DONOVAN, presently of Goldens Bridge, New York. ARTICLE IX. der of my estate, A. I All of the rest, residue and remain- give and bequeath as follows: I direct my Executors to separate from my t said residue the value of any and all literary property owned by me at the time of my death. The Executors shall thereupon divide such residue into three equal shares, one such share I give and bequeath to GWYNNE PFEIFER outri9ht 3 - • .__.__.••.._ ...:.. 'l_••.•__.. , __•. . .-. 'O •• _ •••••_ . ... ':::';100 .L 10·' c..~/ c..'O!o;J.L ~U~I!~,~~lN~~t~H~r ~ ~H~~~I I ~ 912125645363 ND.022 and in fee or, if she shall have predeceased me, &'02121 to her daughter, KERRY PFEIFER; and Two such shares and all of my right, title and interest in and to any literary property owned by me at the time of my death and not otherwise specifically bequeathed, I bequeath and devise to my nephew, WILLIAM VOGELSANG or, if he shall predecease me, to his issue, per stirpes. B. All of my right, title and interest in and to any literary property owned by me at the time of my death I bequeath to the AUTHOR'S GUILD OF THE AMERICAN LEAGUE OF AUTHOR'S of New York Clty, a charitable corporation. ARTICLE X. \ ~ 1~ ~ / nominate, constitute and appoint I CONNECTICUT NATIONAL BANK, a national banking institution organized and existing under the National Banking Act and having offices in Stamford, Connecticut, and JANE F. DONOVAN as Executors of this my Last Will and Testament. If either JANE F. DONOVAN or CONNECTICUT NATIONAL BANK shall fail to qualify as Co-Executor or having qualified shall cease to act or decline to serve, then in such event I nominate, constitute and appoint the survivor of them in their place and stead with all of the rights, powers, privileges and exemptions g~anted to my above-named Executors. I authorize and empower my Execu- ARTICLE XI. tors (including any substitute successor representative) in addition to other powers granted by law, to exercise all those powers set forth in the "Fiduciary Powers Act" of the State of Connecticut as the same provides as of the date of the execution of this my Will. 4 ~Mrt)"'+ ~v.P-sA-- 10/22/2001 12:08 CL~TlS,BRlNCkERHOFF I & BARRETT ~ 912125645353 NO. 022 CJ021 direct that no bond or other security shall be required to be furnished by my said Executors or any substitute or successor fiduciary in the faithful performance of their respective duties. IN WITNESS WHEREOF, I have hereunto~~:~i my hand and seal at Greenwich, Connecticut this 'Z.~ day of Feb- ruary, 1991. }'\~'Y~.<)...~V'\~ MIGNO~ -r,. C~ G. EBERHART SIGNED, SEALED, published and declared by MIGNON G. EBERHART, the above nam~d Testatri~, as and for her Last Will and Testament, in the presence of us, who in her presence, at her request and in the presence of each other have hereunto subscribed Connecticut this ~~- ~~ J =----..iL .c=i'-<:J ~ a ) ....... o~r .~ t~'\'day of I_ I~/· j.. V<d\.-o.•-: \ "_ CLO.../~ ·~L-V'a.>£- 5 - .. _:.:.-.JI...__• names as witnesses at Greenwich, _ . .•.•• ~ February, 1991. ( ~~. ~~"4.''''-(·-~ nJ ( _;0 c'\~, C1.A. Q. 2 AI! Q.{J (~LL J (F~lU C .LU/c:..:::Jc:..I£JU.L J.c:.;IQO STATE OF CONNECTICUT ss GREE~ICH F£BRUA~Y 22, 1991 COUNTY OF FAIRFIELD Then and there personally appeared the within named and THEODORE D. WINOKUR JANE F. DONOVAN who, being duly sworn, depose and say that they witnessed the execution of the within Last Will and Testament of the within named Testatrix; that said MIGNON G. EBERHART sub- scribed said will and declared the Same to be her Last Will and Testament in their presence; that they thereafter subscribed the same as witnesses in the presence of said Testatrix and in the presence of each other and at the request of said Testatrix: that the said Testatrix at the time of the execution of said will appeared to them to be of full age and of sound mind and memory; and that they make this affidavit at the request of said Testatrix, MIGNON G. EBERHART. ,'--' ).)«----1-. /, / )d-~i.~ ~l-; } _..]U.u.A,J( bJ~£L (/ \ Subscribed and sworn to before me, this 22nd day of FebrQary, 1991. ~/ \.. t""~·, .~ ..~'a1tf.1 /~?'!~.:f:;ll1d .! i" NOTARY 1>tJ,!Jta'C (--"';' 6 ----....-- _-_-..-~-_ __ _-_.- .. - ._ - _ .. - -~~-_._- -_ _._ _ ~ _._ . - - . v REGINAlD GID~~ of Hale Court Lincoln' s Inn London WC2 of Rose Elizabeth "Sax Rohmer, (hereinafter called "the Testator"> late of No. 1 ; I I The Rowans Prince Edwards I~oad Lewes East Sussex who died on 'the 14th day of June One thousand nine hundred and seventy nine at No. 1 The Rowans aforesaid and whose Will dated the " i~ 1-7th day of May One thousand nine hundred and seventy seven : together with a Codicil thereto dated the 13th day of ~! One DecemDer thousand nine hundred and seventy seven were proved by us !; in the' Principal Registry of ,the Family Division of the "High I, • Court of Justice in Lond~n on the 14th day of September One ,thousand June hundred and seventy nine HEREBY ASSENT to the I ..·.._.o .... ~ whole of the copyrights rnd _.-~ ,,_0.,".•...-.... interests in copyrights including performing rights book rights all or any remaining film and ,! :~telev1sion rights and all cognate rights together with the 'whole of the royalties profits or moneys in the nature of :: royalties arising therefrom in The Society of Authors of 84 Drayton Gardens London SW10 and 'I'he Authors League of America Inc. of 234 West 44th shar~s ~treet New York NY 10036 U.S.A. in equal absolutely in accordance ~ith the terms of the said :!Wl11 of the Testator _'__~__.__,._".". IJ .L1i..-~J--I...!!.._~ ....$ . ".~ Ii ,: whereof the parties hereto have ".t, ~/I ~/ I: ;:hereunto set theiJ: hands and seals this . I t! H One thousand nine hundred and (:tLJ ll." II I; i: eight~( /. II !:~,~~ and ~EUV~~ by ) l~the said ~~G..~qWU}:' in the> !ipresence of :) Ii I· l ~ 'l/HU~~dl7 .' I~. :;V~ r ~ ,I-"" ~, .1/.>rx.. " k.A~ ~ , I~" I r ~.P" y~ . I ',' .~ . I /./1 .. It :1 day of Ii one_--li II Ii II II N. JOH N THOMAS ATTORNEY AND COUNSELOR AT LAW LEGAL BUILDING 447 THIRD AVENUE NORTH • SUITE 405 ST. PETERSBURG, FLORIDA 33701 April 29, 1992 (813) HAROLD C. FERREE TO: 822-3114 (813) OF COUNSEL 822-7701 BENEFICIARIES NAMED IN THE WILL OF E. VICTOR SYRCHER Re: Estate of E. Victor Syrcher It is with regret that I write to advise of the death of Mr. Syrcher on April 10. Mr. Syrcher's Will included a provision for you, which is described briefly at the bottom of this letter. Under our procedure, I am enclosing also a copy~ of the Notice of Administration, which contains information t~at; ~ay be h~lpful. : If you have any questions, kindly advise. ! i' I Sincerely: NJT:js Ene. a •• yours, AI~I~ N. John T'hom~s i . I I CERTIFIED MAIL RETURN· RECEIPT REQUESTED I I , I. I Literary rights in decedent's books and set piebes, pUblished and unpublished, and all proceeds therefrom. ; / IN THE CmCillT COURT FOR ~ 1', COUNTY. FLORIDA PINELLAS IN RE: ESTATE OF PROBATE DMSION FDe Number ~ 92 .... 1541-ES 4 E. VICTOR SYRCHER, Division _ Deceased. NOTICE OF ADMINISTRATION': The ~dministr8tion of the estate of deceased, File Number 92-1541-ES 4 E. VICTOR SYRCHER , • is pending in the Circuit. Court for CoWlty, Florida, Probat~ Division, the address of which is Pinellas 315 Court street, Clearwater, Florida.34616 The names and addresses of the personal representative and the personal representative's attomey are set forth below. ALL INTERESTED PERSONS ARE NOTIFJED TB4T: All persons on whom this notice is served who have objecti~ns that challenge the validity of the will, the qualifications 'of the personal representative, venue, or jurisdiction of this Court are required .to fl1e their objections with this Court WITHIN THE LATEn OF THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF TWS NOTICE OR THIRTY DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THE~. I i I All creditors of the decedent and other persons having:~ or demands against decedent's estate on whom a copy of this notice is served within thr~ mQnths after the date of the fIrSt publication of this notice must ftJe their claims with this Court WITHIN THE LATER OF THREE MO.NTHS AFrER THE DATE OF THE FIRST PUBLICATION OF TillS NOTICE OR THIRTY DAYS AfYfER THE DATE OF SERVICE OF A COpy OF TIllS NOTICE ON THEM. i ! AU otller creditors of the decedent and persons having !claims or demands against the decedent's estate must fl1e their claims with this court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST' PUBLICATION OF TInS NOTICE. . ALL CLAIMS, DEMANDS AND OBJECI'IONS NOT 80 FILED lvILL BE FOREVER BARRED. i The date of the first publication of thiS Notice is May ;1, 1992 Attorney for Personal Representative: Personal Rep~ese~tatives : N. JOHN THOMAS and . N. JOHN THOMAS and HAROLD c. FERREE ! HAROLD C. FERREE (Name) ! (Name) 447 Third Ave. No., Suite 405 447 Third Ave. No., Suite 405 st. Petersburg, FL St. 33701 (Address) Telephone: ( 813) 822-3114 Florida Bar No.: 080874 -"""""-"-~~----- Form No. p-a.0800 Copyright by The Florida Bar 1990 Petersb~rg, FL (Address) 33701 ~ The Authors Guild, Inc. Corporate Member o/The Authors League ofAmerica, Inc. THREE TIIIRTY WEST FORTy.sECOND STREET· NEW YORK, N.Y. 10036· (212) 563-5904. FAX: (212) 564-8363 October 14, 1992 The Register of Copyrights United states Copyright Office Library of Congress Washington, DC 20559 Dear Sir: We would like to register a transfer of copyrights by will to the Authors Guild, Inc., copyrights held by E. Victor Syrcher (pseudonym Victor Searcher). Enclosed is: '''--. (1) An affadavit executed by the attorneys for the estate (2) A copy of Mr. Syrcher's will (3) A list of copyrights being transferred (4) A check in the amount of $14 to cover the copyright office fee Thank you for your help in this matter. Sincerely, Helen Stephenson Executive Director omcers President: ERICA JONG Vice President: PETER MAAS • Treasurer: PAULA J. GIDDINGS • Secretary: LEITY COrriN POGREBIN CouncU ROGER ANGEIIL MICHAELJ. ARLEN DORIS JEAN AUSTIN JUDY BLUME BARBARA TAYLOR BRADFORD DAVID H. BRADLEY SUSAN CHEEVER E.L.OOC'fOROW PAUl"A J. GIDDINGS GEORGEJ.W. GOODrtlAN DAVID IIALBERSTAM CAROLYN G. HEILBRUN DANIEL HOFFMAN ERICA JONG GARRISON KEILLOR DA VID LEAvln J. ANTHONY LUKAS PETERMAAS FRANK MacSHANE STEPHEN MANES DAVID McCULLOUGH JAY MciNERNEY VICTOR S. NAVASKY SIDNEYOmT MARY POPE OSBORNE LETIY COTTIN POGREBIN HARRY F. SAINT EILEEN SIMPSON WILLIAM JAY SMITH JEAN STROUSE Ex Officio Members or The Council JOHN BROOKS • ROBERT A. CARO • LEON EDEL • ANNE EDWARDS • JOHN HERSEY • ELIZABETH JANEWAY MADELEINE L'ENGLE • ROBERT K. MASSIE • HERBERT MITGANG • WILLIAM L. SHIRER Advisers To The Council JAMES A. MICHENER: Washington, D.C. • FELICIA LAMPORT: New England • SHIRLEY ANN GRAU: South • FREDERIK POUL: Mid-West HELEN A. STEPHENSON, Executive Director PEGGY RANDALL, Assistant Director • MARIA A. PALLANTE, Assistant Director • JEAN WYNNE, Membership Secretary • VELVA HUNTER, Membership Coordinator HUGH RAWSON, Bulletin Editor CAHILL GORDON" REINDEL, Counsel r n.:r:.. ~~~;?~~~~!-;a~C::.~6I@I!'~~~fO_i@.~L.~~~.~·~~~;o:a: f PAY TO THE ORDER OF ........ ~~?:- .... ~:'!"~L:::!@i!.i!il'£::;a:c:;....... ~ ;::.a::.~ Flr.t .Unlon Natlona' 8anle: ~ 01 Florida St. Petersburg. Florida 33701 N NO. September 28 ,19~ REGISTER OF COPYRIGHTS - - - - - - ~. - - 63-751/631 Branch 750 ~""';"'-"'""'"""";~"""'!""""'""r•.·>"';" - - - - - Fourteen and no/IOO - - - - - - - - - - - -- - _ I: 0 b ·'·.,""'''',··.;,<\···,,·, - - - - -DOLLARS t :a".?~ ) FOR 2 ~ III ··"",~b· .... (~ ~ )~~rn~ E. V. SYRCHER BY N. JOHN THOMAS AND HAROLD C. FERREE, PER. REPS. 11 1 000 ~ - - -- ... , -. I $;14. 00 ,...,"'''_>.•.• '.''''''''~ . . . ESTATE OF 0124 ~ ~0 ?5 ~ ~ I: ~ ", 50 ... q ~ bOa .1 \. Sill j:~::~TA11V1 ~ -AOfMNfSTRATOR NOTIFICATION OF TRANSFER OF COPYRIGHTS (pseud. Victor Searcher) The undersigned, as Co-Personal Representatives under the Will of E. Victor Syrcher, give notice of the transfer by Will, Article SIXTH, to The Authors Guild, Inc. Attached to this Notice is a copy of the decedent's Will, which we hereby certify to be a true and correct copy thereof. As appears from a reading of the said Article SIXTH, the decedent's copyrights, a list of which is attached to this Notice, are bequeathed to said The Authors Guild, Inc. Confirming the provisions of said Article SIXTH, the undersigned hereby transfer and assign any interest of the estate to The Authors Guild, Inc. DATED, September _21 _ ' 1992. _ .~~~ N. JOHN AT~MAS y;L,pfl~ /HAROLD C. FERREE STATE OF FLORIDA SSe COUNTY OF PINELLAS The foregoing ins trumen t was acknowledged before me'l. thi1·~::~.~. 25th day of September, 1992, by N. JOHN THOMAS, as co-~.e~s6nal i~el?re­ sentative of the Estate of E. Victor Syrcher, who is per~·9~ri:.a·1_~~Y· known to me and who did take an oa th. ~~':' ,II ... : t:.~. ~ (' .'; J~l .~~~ My -, Notary Public " ~ ..' ornmission Expires: /f...'~, .. >:.~. '-./~ . " . t ••• t. f'''' STATE OF NORTH CAROLINA SSe COUNTY OF ASHE The foregoing instrument was acknowledged before me this :2_ .J ,~J -day of 'September, 1992, by HAROLD C. FERREE, as Co-Personal Representative of the Estate of E. Victor Syrcher, who is personally known to me and who did take an oath. ~~£l~ Notary Public My Commission Expires: ~.' . ~Ai/'J:i. 1." :"t I ." ! '! .; .... ",!:~., '.~ .: l '1,••. .- 1 ' ~.:L1~/ :!: / ·Jt::, '.. . _.:~.,'<; -2- LAST WILL AND TESTAMENT OF E. VICTOR SYRCHER . I, E. VICTOR SYRCHER, a resident of St. Petersburg, Pinellas County, Florida, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revok- ing and annulling any and all former Wills and Codicils by me he~etofore made. FIRST: I order and direct my Personal Representative to pay all my legal obligations and funeral expenses as soon after my death as is practicable, and I direct that my Personal Representative pay out of my residuary estate all taxes assessed against my estate by reason of my death in respect to all property required to be included in my gross estate for tax purposes, whether said property passes under this Will or otherwise. SECOND: I hereby direct that my attorney, HAROLD C. FERREE, be in charge of the disposition of my remains. In the event of my demise in the Buffalo, New York, area, then I direct that LAURENCE R. GOODYEAR, or, in his absence, a member of Hodgson, Russ, Andrews, Woods & Goodyear, One M & T Plaza, Buffalo, New York 14203, shall be in charge. THIRD: I devise to UNITARIAN UNIVERSALIST CHURCH, of St. Petersburg, 719 Arlington Avenue, St. Petersburg, Florida, any and all tangible personal property owned by me at the time of my death, exclusive of literary and photographic items otherwise provided for herein. FOURTH: I devise all photographic and illustrative material in my possession to the BUFFALO & ERIE COUNTY HISTORICAL SOCIETY, DEPT. OF ICONOGRAPHY, 25 Nottingham Court, Buffalo, New York 14216. FIFTH: I devise my limited collection of rare books and all my book manuscripts, published and unpublished, newspaper and magazine pieces, research notes, and correspondence pertaining, to the RARE BOOK ROOM of the BUFFALO & ERIE COUNTY PUBLIC LIBRARY, Lafayette Square, ~ ••• _ . . . . . . . . . . • 4. ~._ _ Buffalo, New York 14203. • It is my request, precatory, that said Library transfer from its operating fund an amount equal to the appraised value of said rare to such administrative fund, to be used for the pur- boo~s pose of maintaining and restoring manuscripts housed in the Rare Book Room of said Library. SIXTH: I devise the literary rights of my books and set pieces, published and unpublished, and all proceeds therefrom, to the AUTHORS' GUILD, INC., 234 West 44th Street, New York 10036, said Guild to have access, for legitimate purposes, to my collection described in Paragraph FIFTH. SEVENTH: I devise the music rights, copyrighted and oon- copyrighted, of the songs and music inherited by me from my first wife, Madeleine B. Syrcher, to the AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, 1 Lincoln Plaza, New York, New York 10023, and all proceeds therefrom. EIGHTH: I To the individuals and institution listed below, devise the following: A. To my nephew, BRADLEY J. SYRCHER, of East Aurora, New York, if he shall survive me, the sum of Five Thousand Dollars ($5,000). B. To each child by blood of my nephew, Bradley J. Syrcher, me surviving, the sum of One Thousand Dollars ($1,000). C. To UNITARIAN UNIVERSALIST CHURCH, of st. Petersburg, the sum of Five Thousand Dollars ($5,000). D. To JOAN BARCLAY, who has served as Church Secretary to Unitarian Universalist Church of St. Petersburg, if she shall survive me, the sum of One Thousand Dollars ($1,000). E. To WILLIAM A. BELL, 5290 48th Avenue North, St. Peters- burg, Florida, if he shall survive me, the sum of Five Thousand Dollars ($5,000). ~ -2- -_._-_.•...•_~._------------- · _-----------_..._- ..... If any of the individual beneficiaries named in this Article shall not survive me, or if the institution named in this Article shall not be in existence at the time of my death, the devise to such individuals or in~titution shall lapse and same shall becom~ a part of my residuary estate hereinafter disposed of. NINTH: I give, devise and bequeath all of the rest, residue and remainder of the property which I may possess at the time of my decease or to which I may be at that time in any way entitled, of whatsoever character and wheresoever situated, in the following manner: To my nephew, BRADLEY J. SYRCHER, if he shall survive A. me, one-third (1/3); if he shall fail to survive me, then and in that event, said one-third (1/3) to his children by blood living at the time of my death in equal shares; B. To the BUFFALO AND ERIE COUNTY HISTORIAL SOCIETY, for the use and benefit of its Department of Iconography, one-third (1/3): and C. To the BUFFALO AND ERIE. COUNTY PUBLIC LIBRARY, for the use and benefit of the Rare Book Room, one-third (1/3). TENTH.: I hereby nominate and appoint N. JOHN THOMAS and HAROLD C. FERREE to be Co-Personal Representatives of this my Will, and request that, insofar as is consistent with the laws of the State of Florida; no bond be required of them as such Co-Personal Representatives. In the event that one of the named Co-Personal Representatives shall fail to survive me, fail to qualify, die during the period of estate administration, or at any time cease to act, the other named Co-Personal Representative shall serve alone, with all the powers and rights given and granted to my Co-Personal Representatives herein, also, without bond. I give to my Co-Personal Representatives, or to the sur- viving Co-Personal Representative, full power and authority to sell or convey any real or personal property of which I may die seized or possessed. I further give authority to compromise, settle or adjust any claim by or against my estate. ~ -3- In the event that both N. John Thomas ......., ~ -.' _..... ,.~.:" _-------..... --_._ _--------------------_....-................. .... and Harold C. Ferree shall predecease me, or be unable to serve or continue to serve as Personal Representative of my estate, then I nomin- ate and appoint FIRST UNION NATIONAL BANK OF FLORIDA, or its successor, as alternate Personal Representative of this, my Last Will and Testament, hereby giving to it such powers as are hereinbefore granted to my Co-Personal Representatives. IN WITNESS WHEREOF!qI have set my hand and seal to this, my __ day of October, 1990. Last Will and Testament, this A .. ~ ~ .. (SEAL) E. VICTOR ~:R We, the undersigned, hereby certify that the foregoing Instrument was, on the date of the date thereof, signed, sealed, published and declared by the said E. VICTOR SYRCHER, the Testator, as and for his Last Will and Testament, and in the presence of each other have, at his request, hereunto subscribed our names as witnesses of the execu- /9?;f _ day of October, 1990, and we hereby certify tion thereof, this that, at the time of the execution hereof, we believe said Testator to be of sound and disposing mind ~., an~ memory. } " .·171-./" I :7~. . . -"j./ IV~··/7- v YlL77I{t{../ Florida -4- COPYRIGHTS REGISTERED IN THE. NAME OF: Ernest Victor Syrcher; pseud., Victor Searcher America's First Airforce: Lincolnf.'s Balloon Corps. TXu 82-812 1981 The Certainties of the Black Holes in the Sky TXu 12-152 1978 Lincoln's Journey to Greatness RE 392-867 A443382 1988 1960 Lincoln '·s Last Journey Bb 27983 1965 "I Live in an Insane Asylum" (Chicago Tribune Magazin~ - 3/13/55) B5 30383 1955 "The Arkansas Druggist Defeats a ·Famous General" (The Arkansas Historical Quarterly - Aut. 54) B5 29358 1954 "Television Panel Discussion on Mental Health" C 7964 "Hot Springs -- A Favorite Midwest S"pa!" (Chicago Tribune Magazine - 4/11/541 B5 27414 1954 t;uprrinr aLnurt of tqr mhrtrirt nf atnlumbia ,PROBATE DIVISION IN BE ESTATE OF: · · . 177-84 Ad mlnlS t ra t·lon No. -----...----.--..-.---__.. __ B_ARB:aB_~_ .._tliJ_N1.__~b.~!~_R§ __.. . ._.. . __.. . _ Deceased RECEIPT OF LEGATEE, DISTRIBUTEE, OR WARD ._._.. _~_._. ., the undersigned, .. !!~~~ __~_: __.~_!:~p.~!~~.?-~-.----.---.-!-.~.~Yi!lg-Ee e ~_ a u ~ h 0 r i z_~~_t:?__.. -_ -.. _ sign this Receipt on behalf of the Authors Guild, Inc. - -..---- .. - - _.- -..--------- -- -_. -- .. --- _--_.- ._----_..- -..-..-..-_.._---- --~ -- --- -- -- ~._- ..-.--.-.._ _--- -_ hereby acknowledge to have received from .--.-.. _---_._---------------------_.----------....and Brian ..-----_.-. Beulah Rives cheney , . ..-_._.-....---_ Sullivan __.. . ........__._... . _.. . , ._..~_~. r ~..Q.!l..~!._'i~~_~ e n..t a t i .__.. __.. _.__.. .the.._-estate -----.._--..Barbara Hunt -Watters ..-----_ of _-----....,._-------.---_ _-_ ---- ------ . the estate of .. No..l1-1=_8.4. ..__, the portion of the estate due •• I.!!~ -_ .. ....- • , consisting of of ..... _ .... ---- --- --- ---------. ... . ~~~_= __ .~_t ~~~_~=_~_._~_~~~~_~~:_~_~_~. ____. . . ..._ .._. ~~~ --..- ._.. ~ .. __ . _ ., _ " I -.. ~~-~~-~.~-!~~~~E-~-~.-~E-.!:-<:>-P.~~!~~~-~--~p.~E.~~-~-~~ . _~~__ ~:!:~~~=._~i~e.._~.~ ~_~e ~_~_11 : as shown by the _ ... ~. cause on _ ... . ._.... . . ... . . In testilll0ny' whe.reof ______...... •._ .. .•. T }lis ._..... ...... ._...?_~h . IJl.Y..._. day of ... ... ...•.__..... _~ . _., 19.. .. ~j._~_! ..._ account filed in :)aid _ ! ...._:.. ._.__.. .._. name ~2!_~_h . ..... .__ have ._..._._ and affixed .. ._._. ~L • , hereunto signed seal -_.~--- . , A.D. 19~._ •._ ;,i By: :\~al) -- 'fv- '~ I ~ ._---._.,..:-_ ..... _---_..--~ ~'~~~l) .. - .'- .~ ;."..: .. .... --: :<,tJo!" .<J Form PD-12.18/Nov. 80 ......_. ... ., ,., e. -, ""-'./If .~~~ to.~. >. COLU~BIA IN THE SUPERIOR COURT OF THE DISTRICT OF PROBATE DIVISION In re: Estate of BARBARA HUNT WATTERS, Administration No. 177-84; deceased ASSIGNMENT We, Beulah R. Cheney and Brian Sullivan, pere"" ~~aJ =~ceaszd: representatives of the Estate of Barbara Hunt Wattere In the consideration of the sum of One Dollar ($1.00) the receipt of which is hereby acknowledged, do bargain, s~ll, .assign, transfer, and set over to the Authors' Guild, Inc. 234 West 42nd Street, New York, New York 10036, pursu~nt to. Article FIFTH of the last Will and Testament of Barbara Hunt Watters, d~ceased, ali right, title and interest in the co~ycight tQ the following books: 1. The Villa and the Horde: 2. A Little Night 3. Cotton Web: 4. Music~ Sea Change; IN WITNESS WHEREOF, we have set our hand and seal to the Assignment on this 2-)"1(} day of F~ , 1985. ~~R~rf/ Beulah R. Cheney HOBERT F. ADAMS A"T()HH~Y AT l.AW ")1 C:ON",C""ICU,. ~"It ... UC. N.W. SUlf[ WASHIKOTOJol. 5i5 n. c. -.00:,)(\ (102) 6 • •" ' • • , &'h lfJW~/b Brian S,~lli"an Personal Representa t i V.:5 Estate of Barbara Hun, t· f t: ."'~~. Watter2~ .,...,-, ~ e d ~. ,.;1 J -f./+"f i. March 14, 1984 TO: Gail FROM: Peter Enclosed is a copy of Par. Fifth from the Will of Barbara Hunt Watters. Would you get a search from the Copyright Office on the four literary properties. Helen has done this for League bequests; the Copyright Office makes certain requirements; so ask her about any problems she has encountered. As you will see, two of the works were first published in England, so there are ad interim concerns; and if those requirements were met in 1957 and 1958, there will have to be renewals in 1985 and 1986 -- by which time the executors may be discharged. ", ""~'-'-1 .... \ , \ " ...... , J/.~ 1 \ ,.' i· ~~,"'.I'''''· LAST WILL AND ot TESTAMENT \ '~A' . . eL- /7 !}--8'q. \ .-., ./) •• : •• j;~.e G~,,-::;:;t c'; ,:;.;\,;n\cia :,,_._------- OF y~e.sh\n~tCn, D. C.. BARBARA H. WATTERS DISTRICT OF COLUMBIA CITY OF WASHINGTON . I, Barbara H. Watters. resident a citizen of ~"~.~'." D1s~~.iC~ the " the .. • "" .: "'.4' .. twenty--one years and of soUnd mind, do hereby publish Test.ament W~8h1n~,..~ over ot the .City ,.. age ,of make, C~1~b1a. of and and I declare do this hereby to be expressly Last Will my and revoke any and all Wills and Codicils by me at any time heretofore made. FIRST direct that all I of my just debts and funeral expenses be paid as soon' after my decease as can be· done conveniently. I do further~ direct, that my body be cremated. SECOND ,nominate. I c::onst1tute and appoint Brian P• Sullivan of Washington, ~;~:J)~;"Cf:~an(!~Be~~.~, ~a:i.yesy·cneneY~.:~:~.f :e~emson, . South Carolina, as Co-Executors of however reason Brian if cannot P. serve estate, provided Beulah C<>-Executor, .. '~.~' .: as Executor; or Sullivan as my ,.,' ~ ....~. -. the Cheney other for any is named that is to say, that if for any reason Brian P. Sullivan is unable to serve as such CO--Executor, then Beulah • I I V'V J J Cheney nominated and ..r.'.···_· ....,.,;..- ,r~'-· .'; ',;! is t' ••••• Page One appointed Executor of .. t' 7'""-" 'd h :~ 1 ~.', ....,. ' ~" ,;. ...<;: ". 1 .', '" \, my estate and if ',. for any reason Cheney Beulah cannot serve as CO-Executor, then, in that event. Brian P. Sullivan is nominated arid appointed Executor of my estate. I hereby exempt each Co-Executors my of under this my Last Will and Testament from the making or filing of any Bond or other security for the proper discharge of their duties as such Co-Executors. I further direct that neither of my Co-Executors shall required to make or be report whatsoever my estate for any to o~ the file Court inventory or any any hav1.ng jurisdiction of their acts as such Co-Executors. THIRD I do hereby authorize and empower my CO-Executors to borrow funds for the payment of taxes which maybe owed by my estate and I do further authorize and empower my said Co-Executors to execute and deliver mortgages or other evidence of indebtedness over any personal property or over any real my decease estate which I may own at the time of to secure the funds necessary for the payments of any taxes which my estate my owe. I 40 further authorize and empower my Co-Executors to sell and convey any real estate or personal property which be I may own owed by for my estate the payment at either of any public taxes that may or private sale in their discretion and to execute and deliver all deeds or other proper instruments of writing to convey title to said real estate or personal property to the purchaser thereof. Page Two ;2. u.J ~ I ~ '.\ "-"', • FOURTH Any my death and all and covering any astrology I Federation copyrights all books give, or at may devise works on and be.queath a time accrue 11terary Astrologers, of own which benefits I federally the the unto of therefrom subject of American the non- tax-exempt, profit corporation located in Tempe, Arizona. FIFTH copyrights Any ~k8 and:-~' accrue 111?erary works therefrom, Guild Authors' which of and g1ve, I own I all in benet1t:s "deVise to America and for use following the whicb bequeath their ~ a1gh~ to the benefit as they see fit: (1) The of London (2) in pUblished by MacDonald 1957 and copyright by Barbara Hunt watters. i~ Little A & Company Villa and the Horde. Music, Night and copyright by 19~7 published Barb~r~ by Rinebart~ Hunt watters' and copyright renewed in 1975. (3) Cotton Web. pUblished by MacDonld London of in 1958 and copyright by Barbara Hunt watters. (4) . Sea Ch~ge. pUblished by in 1946 and copyright by Barbara Hunt Rinehart w~tters & Company and copyright The copyrights 1nthese four publications renewed in 1974. I give to the Authors' Guild of America. I of $ also 5 .000 to bequeath the Authors • Guild help them carryon their work of American writers. Page Three ,3t-U" , '. ~.~ the sum, I in behalf !,4~." -"". I all give, my musical of my books on art t techniques. This SIXTH and bequeath unto Clemson University, devise is and musical albums, and all the history of art, painting and painting and bequest records history the to be of added to development. cultural and become part of the Anthony Hunt Memorial Collection. SEVENTH give. I all of piece and devise flat my co~fee bequeath silver and service and unto Beulah holloware inclUding tray. She~t'1eld Rives I Cheney my four also bequeath to Beulah Cheney any pewter in my possession at the time of my death. EIGHTH I presently own a house· in the District of Columbia, the 01 ty unto of Washington Brian Sullivan and the his home during the time I right g1 ve , to and bequeath devise my use residence as that my estate is being admini4 stered under this my Last Will and Testament and until my estate is settled. against No charge for rent shall be levied Brian Sullivan by my estate; ot his residence there, to keep this Necessary Brian Sullivan shall be required property repairs but during the time to in good plumbing. and condition heating or repair. electrical equipment or to the roof should be charged to my estate. During this the interval property. the between my death and the Administrators must keep 1 t insured against fire t theft t Page Four .. -. .~ "": of adequately vandalism and other insurable hazards. lf~tvJ sale '--'\ NINTH To I f·riend my give and James bequeath Furrh. the Jr. two of Richardson, small ceramic Texas, statues of the whale and the Mammoth by the artist Daga. TENTH To friend my Frances Furrh of Richardson, Texas, I give and bequeath all pieces of malachite in my possession including \ny malachite and ivory letter opener. ELEVENTH To I friend Ardys my give bequeath and Palmer of Gaithersburg , Olivetti my typewriter, Maryland, with all its accessories and my transcriber. TWELFTH To Richard Grant, of Dallas, Texas, I give and bequeath all paintings and drawings by my brother Anthony Hunt in my possession at the time of my death. THIRTEENTH To my friend Judson Williams of the District of Columbia, I and give bequeath my all African carved in CO-Administrator of statues ebony and other African woods. FOURTEETH To my estate, computer, and ! friend my my my I give Brian Sullivan, and bequeath my DR-70 Astrological collection of books on and about astrology, collection of Japanese prints, both framed and unframed. ! Page Five 'I ~·~·w . ~ . '\" \ -', FIFTEENTH To my niece, Lucia Rives Lockridge of Memphis, Tennesse, I g1v~ goddess and bequ~ath Kwan-Yin, lady-in-red, a basket. and all boxes, also bequeath ancestor Chinese Chinese wood other Indonesian works, bowls. I the the and my two ivory statues of the Chinese of East art trays, carving of Indian, and a crafts, the woman Chinese, with Tibetan incl ud1ng brass and ceramics. Lock~1dge, my antique statues plates, to my niece. painting' of Lucia lmar1 plates, my opal ring and opal earrings. SIXTEENTH To I the g1 ve· Hopi Textile MUseum and bequeath Indian plaques, the of Navaj 0 my any District ceremonial embroideries possession at· the time of my death, tablecloths dating and mats from the' the· construction of the of Columbia, rug. laces and three my in my inclUding the antique Panama Canal pre- Zone, Canal--should the Museum not wish to accept all or any part of this· bequest whatever they reject shall revert to my estate to be disposed I give and of as the administrators see fit. SEVENTEENTH To my grand-niece Mary Katherine Hest1r, bequeath my collection of earrings except for those mentioned elsewhere in this Will. I also bequeath to Mary Katherine ~estir , any unused fabrics of wool, silk, cotton or other fibers suitable for dressmak1ng--this includes my Indonesian batiks, Thai and Chinese silks, and still possess at the time of my death. ¥..a.J' Page Six . ~ . ~::\ Indian saris, I may . ! -.' ~.- .~ :~. . .. __......-..,W"•• ~ ~ _ _•.. _ r .• _ '."'1.' _ _ .-. " ~ _ · __ ._· .. ·r-··.····-_ . __ __._. ·_· ,~(" F/. ~ji;"· A } .,...." ~ 't EIGHTEENTH 'ro my two are en Cocoran the paintings Cargadores Also t Roja. time of if my Art, of Ricardo by entitled' Los the Gallery death, Martinez del are they Cal still give I give I and bequeath Mexico of and Madre which e Hijo in my possession Corcoran the at of Gallery Art the small oil painting by William Merrett Chase called DJorway in and Spain Cost.zay Miniature of the Princess the Mary. NINETEENTH If is Melinda in my employ still and Fernandez the bequeath of the at the District time of Columbia of my death, I g;lve 1 ,000"... : I f she is: not·. thel1" in sum of. $ my employ, this sum reverts to my estate. TWENTIETH give I and bequeath to Children's the the District of Columbia the sum 'of $ Hospital of 25,000. TWENTY-FIRST r~at1onal To the I gi ve that bequeath and officials the Cat11ec.1ral in the District of Columbia of the ashes the ot sum Cathedral S 25 .000 consent of my mother, my to provided following: the brother the and myself be placed in the hollow of a wall or be buried in the boxwood garden according to the best judgment of Management and the administrators of this Will. that carved these stone ashes as be identified with Cathedral Further, brass plaque or "Here lie the ashes of Margaret follows: Page Seven 1W , a the .\ .!'. r ;: ;,. j' '° t· , I -r '. i '\~/ IJ~'·. 0 .. '_nne . I :,' '/ ,~·~::t~;i . _ '"' --\ . ~,. ~". ~ Hunt watters Should this to 1907the estate my ashes Barbara Peace, here and hereafter." Cathedral entombment, 1910-1~77; Anthony Hunt 1885-1928; Paddock Hunt the and bequest the of my mother, management of fail brother consent shall 25,000 $ administrators my to to revert are to scatter the and myself in a pleasant place where they will be carried to the sea; or scattered into the .sea~directly. T'.iEr~TY-SECOt-lD To three my Sisters-in-law, Paisley, Watters bequeath the and sum of Lila $ of their brother James Ann watters 5 , 000 Watters Rives, Porter, Louis give I to each of them, and in memory Wat~ers. TWENTY-THIRD All of every give, I the rest, kind devise, and residue and character remainder and my of wheresoever estate situated and bequeath equally and share and share alike to Brian P. Sullivan and Beulah Rives Cheney. IN in WITNESS duplicate , ~'1~4 Klein Millard Ardvs Palmer WHEREOF, originals I on the have this , presence the of ';"I"(~ and - - - - - - - - - - - - - whom I have requested to become attesting witnesses hereto. ~r/uk~ Barbara H. Watters I/') u) Will - '-- ::.. /] the in 1980, executed Page Eight . . .:\ lIIIS - - - '- - - - . - - .:.:.:.= -..:.::~ .:.-.:.::.:.:: :::----=::.:..:~.:.~.::.:- :-:... .._.:..:..._ :....::::..=.. -'-.- - - ..- 1: ,';' .,. , ~ L:~ 1 ,', .!,:,./-';' ,:;;ii'·" ,.............. t·',:?' ,. ,0,","". The foregoing instrument in duplicate originals was signed, sUbscribed, sealed, published and declared by Barbara H. Watters as and for her last wtll and testament in our presence and we at the and in our names , .' 'K?' same the time, presence as in the at of attesting presence of each of' us t her each request, other, witnesses on and her presence, hereunto subscribe in the :2t day of ,1980 • #CJ£~lf_' _ iff Z IV-Jru VK'vti Cht flotJ L. C~ fMM k·V( -}M) ," Page Nil)e /1 W .. ,.,'. v ~~ 7~7J ~- -, c~ , ,I ..:~ :J C·) ,- "l >:j. <c 5.:; J ~ ~; ~ .~ 1 ~" .:; Q. 'C:lJ .~ l? ~ c,10 ij ~ ~;, ~. ....... t1 ~ ~ " .~ -~ ~ !" 5\ ~-. ~ '" t "-J :\.\' , ,. .. . ;.... ~-~ . '. ~ .~ ~ ,,)01 "- ~ ~ ~ ~ ~ ~ ~' \~ ~j ~ J ~\ -,,) , '.~ ~ ~ ~J N ~ ) ~ ~I~ ~ ~. ~:-':-....j "" ~ ~ ~ ~ ~. ~ ~ ~~ ~~ -:::: " 0--.. C .0 Q) tj) «S 0.. • r~:, ~ .~ ·1 .~ '" ~.J ~ (]) 0-- .~ ('( r-~ ~ ~ " ~ \ ~ ~-\ , \~ ~ .~ 'i ~ ~ ~ I ~ ~ .~ \ " J ~ ~ ~ ~ ~~~ ~~ ',.j "''i ~ .) ' '1 ~ ~ t' ~ .~ -~ ~ ~ ~ ~ \J " ~ ..~ \J ~ ~ ~ ~ .~ .~ ~ ~ \ 1 ~ ~~ ~ I , ~ ~~ ( ~ ~ \~ i " '~ I ~ ~ , ~~ ~ ,J ~~ « d ~ ~ .... ~~~ ~ .... • Form No.· P.D.-S6 &u:ptrinr atnurt nf tl1t 1Btatrirt nf atnluttthiu PROBATE DIVISION DIS~ICT· Q)' QOLUMBIA., ~O~1 I. i1. ":";;. ;:.~.,.~.:.. ':.\ ":~ to. wit:.. :.~<: Pe:tsr·;.J':I~M9L3ug1;lljn, Register of Wills for the District of Columbia, Clerk of the Probate . Division, 111 i;ttthg Clttrttfg. That the foregoing is ·a true CQPY of the original will __-.and _ .. ~~;_~a;.~~ !Iun~ __~~1:_~~~ ___ codicil of .. , de·ce as ed, antl-tfte-~roof-tltei'ee~.filedand recorded in the office of the Register of Wills for the District ~~ of Columbia, Clerk of the Probate Division,' aforesaid; and that the s'aid will codicil _ aftm.-hmng-been--duiy-proven;-tts-'Wi-I+·-tl.'fll'eM-e-y--the-"f}feof-the!'et&- attaehed;-::.=-=-------~e~--,by order of the said Court, in 'accord'ance with the laws of the Dis- trict of Columbia, admitted to probate and record on the .fi.r.s.±... day of _ _ _ _ _F,ebrua~-__-, A. D. one thous'and nin·e hundre·d and ---.e.igh.t.ll=.fo.w:...- 31 .Jfurt1Jtr ClItrttfg, That .said will -and..-eodicil-----_ wexe.-------------------- duly executed and proved agree'ably to the laws and us,age1s of the District of Columbia, and that· I have com~are d the f oregomg copy 0 f · d 8:81 -11 WI and codicil ------------------------------------------------------_we' _;I +'L~ .D Q.ttlr~~'f}~- the-reo£;-with the original record in said office, and find it to be a full, true, -and correct transcript thereof. IfUntSlI, my hand and the seal of the ·said Superior Oourt of the District of Columbia, this of ~Jtbr.11..2!Y... J:s.t.. day , A.D., 19 84. ~ DepptYj"H'€fg'i$ter of Wills f~;-the District' of Columbia, Clerk of the Probate Division \'- J-54288-75

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