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

Filing 93

DECLARATION of Isabel Howe 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, # 5 Exhibit E)(Rosenthal, Edward)

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EXHIBIT B (qg1f t,s /' ~ ~ f 0 LAST WIIIII l\ND TESTl\lvIJ~N'l' \¥b'1 vJ~\\ ~-- It VERA CASPARY GOLDSMITH, also known as VERA CASPARY, residing in the City, County and State of N~w York, do hereby make, pUblish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time heretofore made. I direct tl1.at all nlY just debts, FIRST: the expenses of my last illness and funeral and the expenses of administering my estate be paid as soon after my death as may be convenient. SECOl~D : beque~th I give and A. the following: 1v1y oil !-")ainti11g entitled "A l-lalk 'by the Canal" by Caluille Bon1oois to· BERl~l\""'qD SOLOMOl'J. It is Inl? ,·.rish, but I "do not direct, t·hat if 11e does not wisl1 to keel) t:.11is painti11g fc)r }li1l1sclf, pro~eeds t:.l1at i~- be sol(l b}' hil~·~ 2:nd tl~e given to any Jewish cause he chooses. B. One (1) copy of each of my 110vels to tIle UNIVERSITY OJ? 1~ISCOl\jSI1~ CENTER FOR THEATRE RESEARCH, presently located at 6173 Vilas Communication Hall, }1adis011, ~C&- \~iSC011Si11 53706. J c. My unpublished typescripts, notes I discarded pages, etc., books carrying comnle11t.. about my work and anthologies in which my work is included to the UNIVERSITY OF HISCONSIN CENTER FOR THEATRE RESEARCH, presently located at 6173 Vilas Communication Hall, Madison, Wisconsin 53706. All tl1e rest of D. In}' tangibl"e personal property not hereinabove effectually disposed of, to my Executors hereinafter named, to be distributed in such manner as they believe I would wish. Any property not so distributed shall be sold by my Executors and the proceeds added to my residuary estate. THIRD: I give and bequeath the following legaGies: A. To my step-son, MICHAEL Goldsmith, the sum of Five Thousand ($5,000.00) Dol1ars t if he shall survive me. B• the SU~11 To J.J.L.~RY GOLDS}1ITH STEPHENS, of 011e rrl10usand <*1,000.00) DGllars: if she s11all sur\ri \Te nie. c. DELLAPORT.~, t11e SUln FOllI\Tl-f : ~c& To my housekeeper, ROSA of One Thousand ($1, 000. 00) Dollars. I direct my Executor to return -2- .. to I>R. 1\1ILLIA}1 E. DEUTSCl-! I prese11tl)' of 232 S11~rida)1 r~oad, Evanston, Illinois 60202, the Pembroke table in my living room. "FIFTH: ~ A. I give and bequeath all future royalties which may accrue to me on the novel 'ILAUR..~" stage play "LAURl-i" to Fuller A"e11ue! GEOl~GE a11d the SKLAR, presently of 530 North Los Angeles, California 90036, during his lifetime. Upon his death, or, if he shall not survive me, such royalties are to be given to the AUTHORS LEAGUE FUND, presently located at 234 West 44th Street, New York, New York 10036. B. I give and bequeath all other future royalties which may accrue to me to the AUTHORS LEAGUE FUND, presently located at 234 West 44th Street, New York, Ne\\T York 10036. SIXTH: I give, devise and bequeath all of t11e rest I ' residue and remai11der of t11e property, real and per- S011al and ,\~11eresoever tO~7;~'possessed, ~C1J ~ " .' si tua te I of ,\\Tl1ic11 I may die seized or or to \·,rhich I may be eIltit.led at the time of my . death, including lapsed legacies 11erei11after referred to as my II residuary estate", as follo,~s: A. nlj' god-sOn I DANIEL SKLAI~ I or I if -3- ~cC:t- 011e-fourt11 (1/4) tl1ereof to ]1e s]-lould 110t survi \'e Ine I to my god-son, ZACHARY SKLAR. B. One-fourth (1/4) thereof to my god-son, ZACHARY SKLAR, or: of he should not survive me to m:i' god-son,. DANIEL SKLAR. c. OSCAR BRANN, of, One-fourth (1/4) thereof to if he should not survive me, to BLAI~CHE ( 0 I SHEA) BRANl'1. D. BJJ.~\C}iE One-fourth (1/4) thereof to (0 I SHEA) BRA!-JN, or, if she shOUld not survive nle, to ·OSC..; R BRANN. I appoint my friend, KAY KOMINSKY, SEVENTH: and n\~{ gOd-S011S, ·DANIEL SJ<LAR a11d ZACHARY S!{LAR, to be tl1e CO-Executors of this my Will. In the event that any should for any reason fail to qualify or cease to act, the remaining nominated fiduciary or fiduciaries shall serve alone. I direct that no bond or other security shall be required of any Executor hereunder in any jurisdiction, and that no one of them shall be required to render periodic accounts po~ers, i~ any court. All the duties and discretionary and otherwise, imposed or conferred upon my Executor shall devolve upon his respective successor a11d successors. EIGJ-ITJ-J: I direct t11a t a l l i111-1er i -4- ~cC:r ta11CC, estate and other death taxes (including any interest and penalties thereon) imposed by any jurisdic~ion W]1atsoever by reason of my death upon or with respect to any property includible in my estate for the pruposes of any such taxes, whether such property passes under or outside, or has passed outside, the provisions of this Will shall be paid from my residuary estate and shall not be apportioned among any of the non-residuary beneficiaries of this Will. In addition to any other powers l"JII'JTH: granted by this l~ill or authorized by law, my Executor shall have the fOllowing powers and discretion which shall extend to all principal and income held hereunder in any capacity or for any purpose until the final and outright distribution thereof, and which my Executor may exercise in his sole and absolute discretion, wit110ut application to or appro\ial b l , allY court: A. To retain and to purchase or otherwise acquire stocks, whether common or preferred, bonds, obligations, S}1ares or interests il1 i11vest~1e11t con1par!ies or i11\restn1ent trllsts, or a11}' other propert)', real or perso11al, of whatsoever nature, wheresoever situated, \vithout duty to diversify and ~hether or not the same may be authorized by la,v for t11e i11\"estlnent of estates and tl-ust flU1ds. -5·... B. To deposit funds in the savings department of any bahk without limit as to cturati6n or an1ount. c. To sell at public or private sale, exchange, mortgage, lease without statutory or other limitation as to duration, partition, grant options on, alter, imp+ove, de~olish buildings or. otherwise deal with any property, real or personal, upon any terms and whether for cash or upon cl-edi t. D. To exercise in person or by proxy all voting, conversion, sUbscription or other right incident to the ownership of any property, including the right to participate in any corporate reorganization, merger or other transaction and to retain any property received thereunder and the right to delegate discretionary power. E. To sell any property at such price as my Executor shall determine. F. To compromise or arbitrate claim~; to prepay or accept prepayment of any debt and to e11forcc: r"\~ '-' ...... abstain from enforcing, extend, modify or release any right or claim or to hold any claim after maturity without extension, with or without consideration. G. To execute and deliver deeas or other i11strun1ents; 'vi th or wi tJ10Ut co\,'enants, warranties and represe11tations and \\rC.,- ,.,i t11 or -6- '\\Ti tl-lout considerat-ion, i11- / /' if:' / ./~ ;/ ! ;;"' " ,I" eluding releases which shall discharge the recipient from I If' / the responsibility for propGrtj' receil)ted for tllereby. 1'1 r H. To abstain from rendering or filing any inventory or periodic account in any court. I. To make division or distribu- tion in cash or in kind or partly in each. J. To employ investment counsel, accountants and other agents and to determine and pay reasonable compensation for their services. K. good f~ith Generally, to exercise in and with reasonable care all investment and adn1inistrati \T0 po'vers a11d discretion of an absolllte o,\v-ner which may lawfully be conferred upon a -fiduciary. Ali references herein to this TEI'JTH: will shall be construed as ~eferring to this Will and any Codicil or Codicils hereto which I may hereafter execute. Whenever necessary or appropriate, the use 11erei11 of an}r ge11der shall be deenled to include the otl1er gC~1ders and tl1e use tl1erei11 of ei t.11er tlle singlllar or t11e l:-11tlral s11all be deelned to include t11e otl1er. IN WITNESS WHEREOF, I have hereunto subscribed my -7- 0.cG- / name and aff ixed this "\ ~\.~ - 111y --- seal to t11is my Last day of ..J w.. ez.. l~ill , in and Testarne11t, t11e year One Thousand Nine Hundred and Eighty-Four. ¥ ~eJ)tA. COAf~ty ~l ~ j'~~V\A~eGtp)~(kk\~ e:J~~~ ~,&CU) -8- (L.S.) SIGI'JED, SE~ZiLED, PUBLIS1-iED and DECLARED by the above-named Testatrix, VERA CASPARY GOLDSMITH, as and for her Last Will and Testament in our presence, and we,_ at her request, in her presence and the presence of each other, do i11 hereunto sign our names as attesting witnesses and add opposite thereto . our re~pectiSf place of residence, . all th~s Q.\ __ day of 1984. :rWAQ. ~residing at~ . ~~_'.:!_\_~ _ _ _ _- residing at _ _ STATE OF NEW YORK ) I ) 55. : COUNTY OF NEW YORK) Each of the undersigned, individually and severally, being dUly sworn, deposes and says: The within Will was subscribed in our presence and sight at the end tllereof by VERA CASPARY GOLDSr-fITli I named testatrix on the at Ss ~ \ '!} day of &\- ~T\j. S\-; ~'1' -::r-Lv,. C2. ~, yJ the 'vi t11i11 ' 1984, Said testatrix at the time of making such subscription declared the instrument so subscribed to be her Last Will. Each of the undersigned thereupon signed his name as a witness at the end of said Will, at the request of said testatrix and in l1er presence and sight .and in the presenc~ and sight of each otller. Said te'sta tr ix "Tas I at tl-!e ti.;ne of so executi11g said Will, over the age of eigh~een years, and, in the respective opinions of the undersigned, of sound mind, memory and" understanding and not under any restraint or in any respect incom- petent to lnake a l~ill. Said testatrix, in the respective opinions of the undersigned, could read, write and converse in the English language and was sUffering from no defect of sight, hearing or speech, or from any other physical or mental impairment which would affect her capacity to make a valid Will. Will was executed as a single, original instrument The and was not executed in counterparts. Each of the undersigned was acquainted with said testatrix at such time, and makes this affidavit at her request. The within Will was shown to the undersigned at the time th~s affidavit was made, and was examined by each of them as to the signatures of said testatrix and of the 'undersigned. The foregoing instrument was executed by said testatrix -. and witness by each of the undersigned affiants under the supervision of Robert H. Siegel, an attorney-at-la\v. Severally sworn to before me this ~\ ~ day of Jv,'war Notary Public 1984. AGREEMENT AGREEMENT made the 6 day of December 1991, by and among the Authors League Fund, a New York Non Profit , with a principal place of business at 234 West 44th street, New York, New York 10036 (the "Fund"), Daniel Judah Sklar, Zachary Sklar and Judy Sklar Rasminsky (collectively the "Sklars"), Blanche Brann and Oscar Brann I residing at c/o Daniel Judah Sklar, 49 Grove street, New York, New York. ·RECITALS This Agreement is made premised on the following facts: 1. ("C~spary") Vera Caspary Goldsmith, a/k/a Vera Caspary was the author of the novel "Laura" and co-author with George Sklar of the stage play "Laura". 2. .': r· ~~ All dramatic rights in the novel have merged in the stage play. I. 3. By testamentary gift from Caspary: a) The Fund owns 100% of the royalties from the novel "Laura", and 50% of the royalties from the stage play "Laura", and 100% of all oth~ royalties accruing to Caspary. s:::;;::----b) Daniel Judah Sklar, Zachary Sklar, Blanche Brann and Oscar Brann, as residuary beneficiaries df the estate of Vera Caspary, own 100% of all copyrights in literary properties created by Caspary other than the stage play "Laura", but not including any royalties deriving therefrom. c) Daniel Judah Sklar, Zachary Sklar, Blanche Brann and Oscar Brann, as residuary beneficiaries of the estate of Vera Caspary, own 50% of the copyright in the stage play "Laura", but not including any royalties deriving therefrom. 4. By testamentary gift from George Skl3:' Daniel C Sklar, Zachary Sklar and Judy Sklar Rasminsky own 50% of the copyright in the stage play "Laura" and 50% of the royalties deriving therefrom. AGREEMENT .tf6i.'. In consideration of the premises and for good and valuable consideration, the parties hereto agree as follows: 1) Daniel Judah Sklar, Zachary Sklar, Blanche Brann and Oscar Brann, without warranty or recourse, assign to the Fund the copyrights referred to in Recital No. 3(b) above. 2) The Fund hereby agrees that the Sklars are the exclusive agent for, and shall exercise sole control over decisions regarding, the lease, license, exploitation and turning to account .cf all of its rig.hts i.n the stage play HLaura" throughout the world for the full term of copyright therein and any renewal thereof. .: ~ ". .- .. ~ The said agency is coupled with an interest and is irrevocable, but is sUbject to the following: -2- a) The Sklars may engage agents and attorneys to represent the stage play on customary terms and conditions, but the Sklars shall make no charge for their own services in supervising the lease, licensing, exploitation and turning to account of the stage play. b) No grant of rights in the stage play may be conditioned upon the engagement of any particular person in any capacity without the consent of the Fund and none of the Sklars' may be engaged in any capacity in connection with any use of the stage play without the consent of the Fund. c) The net proceeds from the lease, licensing, exploitation and turning to account of the stage play, after reasonable attorneys fees and customary agents commissions, shall be divided equally between the Sklars on the one hand and the Fund on the other. d) ..... The Sklars shall.- maintain accurate books and records of all transactions pertaining to any exercise of the authority herein granted and the Fund shall have the right to examine all such books and ·records upon reasonable notice. e) Wherever possible y the Sklars shall use their reasonable efforts to obtain for the Fund direct accounting and payment of any monies due it by reason of any disposition of rights in the stage play made hereunder, but the Sklars make no representation or warranty that the same can or will be accomplished. -3- 3. Each party hereto forever releases and discharges every other party hereto from all actions, suits and claims whatsoever arising out of any party's action or omission to act in respect of any of the copyrights referred to herein. 4. All notices which either party may desire to give to the other shall pe in writing, addressed to that address for the intended recipient set forth above or such other address as either party may, from time to time, fix for himself by notice in writing. 5. This Agreement shall inure to the benefit of, and be binding upon the parties hereto and their respective heirs, licensees, successors and assigns, and shall be governed by and construed according to the laws of the state of New York applicable to contracts made and wholly to be performed therein. Jurisdiction over any controversy or claim arising under this instrument, its construction, enforcement or breach shall be exclusively vested in the courts of the state of New York. Service in any action or proceeding may be made by registered mail addressed as set forth for notices pursuant to paragraph 4 above. Service by registered mail shall be deemed to be personal service, with the same force and effect as if personally delivered to the recipient in the state of New York. -4- ~ 6. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and may not be modified or amended except by an instrument in writing signed by the party to be charged. IN WITNESS WHEREOF, the parties have executed this instrument as of the date and year first above written. ~n,/~/df~ DANIEL JUDAH SKLAR ~~ ZA<CHARY- SKLAR OSCAR B AUTHORS LEAGUE FUND By: HERBERT MITGANG [ADD NOTARIAL ACKNOWLEDGEMENTS] LJa1Lt?<-;/~'t!'DANA S. SINGER Notaty Public. Stete of New York No. 31-4918324, Qualified In H.'! County Commission Expires January 4, 19ib -5- ·, r. :( c'" --\, ApPLICATION FOR PROBATE OF WILL, ETC. tto tbe ctourt ot IProbate for tbe lDtstrtct of 1R1'1"'~ X 'We s t po r t : George F. McKendry, 1'he application of County of Fairfield and State of Connecticut, ;", ~ of last d,velt': 1t 0 it x:stDcsiklxltixt)f~ repre8en~8 that / tri ..- 1f est 0 n G1 ad y sMa 1 ve r n in said District: .~s~~~~"(;:~":~!~~~~'.",._,.. ~ ~e ..died :within the l~st ten years, to wit, on the 16 -'. that she left a will and testament dated November duly executed day of Nove mb e r 13,1957 i in and by which said applicant thereof, and was at the time of her Ifl62 t appointed execut S 0 'r death the o\vner of goods, chattels, credits and estate ,vhcreo£ the administration appertains to said Court, and which are disposed of in and by said ,vilI. Said applicant further represent S that said testat r i surviyjng,)tt(~x X left In 0 ~feX X husband her k>xOOJOMXxxilxxxxy'x9{M~ti(mxblllfxxxxXlx,,~ xMMx~x«x~x~k~~MOO~Mx~»rox~~~«x~ ~JOOC ~ ~ That said testatrix left no children nor any representatives of deceased children. no parents, no brothers or sisters nor any representatives of~deceased brothers or sisters her survivi'ng; that the app~icant has no knowledge of any heirs at law of said deceased. ~ , . $ 30 t 000. 00 'rhat t'le estate of said deceased consists of Real estate of the approximate value of Personal .. And saId applicant herewith Cottrt8~dpr8Y S forprobatethereof, exhibit S I. II It II tI tI $ 1 0 , 000 • 00 said \\"ill to ~nj(l and waives all notice relative to said appli- cation. Dated the Subscribed day of and 20 day of 8'vorn to this November, 20 NOvember, A.D~oreme. A. D., 19 62. ~~ NOTA~~~ ./:) "~""'l (1" ;" /,.' . ;l.t~1J6:_ '1::Z~-= ~~::::':~. ~'~~::::Ld:':!:!.. ..__ t>" t/ . 1~~t:;S::!?~~:'" .;'Ji{;/~;';::~t;'7' .' -- ... FORM No.1 November 27, PROBATE CO.URT, SS'J GLADIS. MALVERN, Es"tate of A. D., 19 62 Weston, late of in said Distrift; deceased. . ~hereas, written application has been made to this Court for the admission to probate a certain written instrument as and for the Will of said deceased: it is .. ·•• \ •••• l.• , ..:.~\ :' and determined at the Probate Office, in Westport, .I~h ·~;;·i.;· ,:'.:day of ,.' on the ': ~:;{. .~, . 1·,···· .'. Decembe~<~ ~';j ':(>~' A. D., 1962 ,at 2:30 aftenoon; o'clock ~.~~.."{' I.~. .. ,.,a~d: that p~r1ic·~.Hcether~of~e,given t({~'all persons, interested therein by publishing this order in a news· . "'. ":'~"~:' :,.' ;'<:..' .~~.~,.., '. < , ; " / · ·.. t paper havirl8.··.~ citd:Ilation in said District, af lea$t ~$l'::':::. ".'i-+.:~~", :" : . ., '1",. ·five~ days before said day of hearing. r;::' ' >"'~ '",: ~:";~~: .'. . \ • '. ~:- '.' • .... .. ~Illi I (;"1 .:.' ~ .~, .' l " " i' 'i" ~,;';~i;~:'~; ,,:;~ • ~. I .~ \ .. I .. · "t', ~ ! .. ~ -eN' ~ ___ .... ;.; ...~~.-:,:.:.f••••••••••••••••••••• JUDGn ~·:.r.~~~I.;':l~i~~~ ~i~~~f~ ':2Jt} : ,.. . ,.~).,:~::.: ;::.:. ':s' THE DISTRICT OF WESTPORT: "), ::" ~orl:' " late of Weston, id tii~l hef~bymakes return that ':' .. T] ~onaJ ~f h~wspaper days before t:h~.;. 7th dar C?£ I he having a circulation in said District, December,' in the published the foregoing order at least five 19 62 · .•;1 ':. !~" : ".:.,\":: ,~ ~:~~':~?'" . . . ~. r '"l ~. .' 0.--- - - a ~-J// 2.. .::;:.!.~·,";.~ ~//~~ •.,~.~.~. ( /> ,-~'" ,/ /" (.... . ,...:." .,' ': ~. ~ '. . .... "': / ,/ . ...... -- "- .~ I, GLADYS MALVERN, of the Town of Weston, County of Fairfield and state of Connecticut, being of lawful age, and of sound and disposing mind, memory and. judgment, do hereby make, pUblish and'declare this to be my Last Will and Testament, hereby I' revoking all previous Wills and Codicils by me at any time "F:''!''~:.'''r:~ "ff, '. ,;'I.~';' ..•\ ,}•. ~.. .".' : .t."IIf~ of" .: ~ ~~~.,.;. . ~~t'.J;t·.r.t'bfore <Dlade··.··;i J I · FIRST ';-6 It is my desire as soon as practicable after my decease that my mortal remains be cremated and I further desire that there services, mourners, or flowers in connection ~e ~o with this occasion. I;~ SE.COND I direct my Executor hereinafter named to pay all my just debts and funeral ~~ .,., . ;"j~~~\l;~r£~;'~',",:r.,;:",-", II :~~:P~~J~:~~~~.b~;{1.i:~''')''··'I-);i'J#~:.·~:.:~:·.::~::( ;~;"',., ~\' ,'my uecease. expe~ses as soon as possible after ';, ;?';:~t.~,;. : . . f;",:: THIRD I give and bequeath the sum of Five hundred Dollars ($500.00) to EDNA Ho SADLER, of Davis Hill Road, Weston, Conn- ecticut, to be hers absolutely and forever. " .. FOURTH ,I. I give and bequeath to the HENRY STREET SETTLEMENT of 'New York City, New York, my Sebastien Klotz Violin and Amani . . . . .~; Bow. J . :'t:~;(,""'·11 ",~" .•..,....."....;.... ;. . "l"" ,; :' :'," FIFTII I give and bequeath ~o STEVE DUBIN, of Slumber Corners, Weston, Connecticut, if she survives me, my Zorn water color. the event that. said STEVE DUBIN predeceases me, then I give and ,: b~queath the same to 'MISS LILY FITZGERALD, of 2227 Merton Ave., Los/Angeles, California. - 1 - In 1 i . ' , ', . -; . I / ....... '". ~" .... I 1 I ,SIXTH I give and bequeath to THE AUTHOR'S FUND all rights 'and royalties and revenues from any sale of rights of any of my I I I I books. I I SEVENTH ~:;:!'1J; "",;,.;,:",";:~if'i'"",1I1~~;:t~:*;i:':"'\l.( ,t~;;:i~r·:t"'~~;''''·lhd': be:~t1~'a'th'k"b1y books, two diamond rings, one diamond brooch; three watches, mink coat, stone martin scarf and ,ail household furniture and furnishings, including gardening equipment to GOOD, WILL INDUSTRIES, absolutely and forever. EIGHTH All the rest, residue and remainder of my estate, real, per$onal and mixed and wheresoever situated, I give, devise and ,b.equea th to -the SALVATION ARMY, absolutely and forever. NINTH -';''JO'~;', ""1.11 ,~.;~~~~~~),tt-;~~'-~"'~·'~'">'\:~:'··':' ·.';''.·-1>~,Iii;;\.'>ii'\'" - ",.;-:" .:" . I direct that all 1egacy, inheritance, succession, estate or like taxes legally imposed upon my estate shall be payable from and chargeable only to my residuary estate. TENTH I authorize and empower my Executor hereinafter named, if h~ be then living or his successor, if and whenever in the , • I I, ~ettlement of my estate he may deem it advisable at his discretio1 . I to sel 1 , lease, mortgage, improve or convey the whole or any part i bf 'my real/or personal property at public or private sale, and to .l~ : ex~ettte o~'~esire ings neces~ary proper instruments of transfer and other writ- to pass proper title thereto. I I I further direct that no bond or other security be required of him, who shall qt1al~fy 'and act as Executor hereof, in any jurisdiction to inStll~e the faithful performance of his duties hereunder. I hereby nominate, constitute and appoint my attorney, GEORGE F. McKENDRY, as r t Executor of this my Last Will and Testament,. - 2 - I Ii WIT N E S S W H E. REO F, I have hereunto set my hand and seal at Wilton, Connecticut, this 13th day of November •• ~' ••, Ii ' •• ~. .~! : • .11 •• , A. D., 1957i ,~ "Si~ned, sea1ed~ published and declared by the said GLADYS MALVERN as and for her 'Last .Wil1 and Testament, in presenCt: of us who at her request, in her presence, and in the presence of I each other have hereunto subscribed our names as witnesses on the 13th day of November ,A. D., 1957 . .~d;f3~ of Wilton, Connecticut &a', Ad.f·L~ of Wilton, Connecticut ~~...A'. ~ ~ of Wi1 ton, Connecticut .=l1..!.~ II ~ti:~i5~~~~~':'~~"'~"!;:'"·:"·~~·>::.~~'~~.~<h~ ~~~~~:7'~~:'~\:"*~'~'~!' OF CONN~~·TtCt1T·) . SrATE ',COuNTY OF FAIRFIELD ~ ss. Wilton, November 13th, 1957. We Ruth A. Bassett; Bessie B. SchlIcher . ~. ~ and Jacqueline K. Schilcher who have subscribed our names as ', ,' .. )q~\::!-., ... - 3 - I

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