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)
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)
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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'\
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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
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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.
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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
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CURT1S,BRINCKERHOFF & BARRETT
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NO. 022
912125645353
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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,
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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
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considered literary property.
I
also give to the said
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WILLIAM VOGELSANG any objects d'art not· otherwise be-
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queathed and which he may select within three (3) months
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after my death and any books of mine which he may choose,
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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.
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my request that they collect all royalties or other income
from such property and deliver the same to the AUTHOR'S
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It is
GUI~D
OF THE AMERICAN LEAGUE OF AUTHORS.
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I direct that BRANDT & BRANDT shall continue as
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literary agent for any new or existing contracts throughout
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the duration of my estate.
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ARTICLE VIII.
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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
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and in fee or, if she shall have predeceased me,
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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.
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nominate, constitute and appoint
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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
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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~
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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
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names as witnesses at Greenwich,
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February, 1991.
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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.
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Subscribed and sworn to before me,
this 22nd day of FebrQary, 1991.
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REGINAlD
GID~~
of Hale Court Lincoln' s Inn London WC2
of Rose Elizabeth
"Sax Rohmer, (hereinafter called "the Testator"> late of No. 1
;
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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
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Court of Justice in Lond~n on the 14th day of September One
,thousand
June hundred and seventy nine HEREBY ASSENT to the
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whole of the copyrights
rnd
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interests in copyrights including
performing rights book rights all or any remaining film and
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:~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 _'__~__.__,._".".
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whereof the parties hereto have
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One thousand nine hundred and
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l~the said ~~G..~qWU}:' in the>
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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.
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Sincerely:
NJT:js
Ene.
a ••
yours,
AI~I~
N.
John T'hom~s
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CERTIFIED MAIL
RETURN· RECEIPT REQUESTED
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Literary rights in decedent's books and set piebes, pUblished and
unpublished, and all proceeds therefrom.
;
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IN THE CmCillT COURT FOR
~
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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
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PAY TO THE
ORDER OF
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St. Petersburg. Florida 33701
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NO.
September 28 ,19~
REGISTER OF COPYRIGHTS -
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63-751/631
Branch 750
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E. V. SYRCHER
BY N. JOHN THOMAS
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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:
~.'
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-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
..... _
....
---- --- --- ---------.
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as shown by the _
...
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cause on _
...
.
._....
.
. ...
. .
In testilll0ny' whe.reof
______......
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.•.
T }lis ._.....
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IJl.Y..._.
day of
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account filed in :)aid
_
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...._:.. ._.__..
.._. name
~2!_~_h
.
.....
.__ have
._..._._ and affixed
..
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hereunto signed
seal
-_.~---
. , A.D.
19~._ •._
;,i
By:
:\~al)
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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.
",
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LAST WILL AND
ot
TESTAMENT
\
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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
..
•
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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
•
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I
V'V
J J
Cheney
nominated
and
..r.'.···_· ....,.,;..-
,r~'-·
.';
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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
~
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•
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
.
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.,...."
~
'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
.\
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..
'_nne .
I
:,' '/
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--\
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~,.
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~
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
. . .:\
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- - - '- - - - . - -
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:-:... .._.:..:..._
:....::::..=.. -'-.- - - ..-
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
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v
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