Estate of John Kenly, Deceased, Betty B. Kenly, Personal Representative - Page 9

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                  According to the terms of that sale, the buyers made a                                  
            downpayment of $270,866.50 and gave a promissory note for                                     
            $149,840.  Zona Kenly made the downpayment with a check drawn on                              
            her checking account in the amount of $270,866.50.  Zona Kenly                                
            and decedent signed a promissory note for $149,840, for the                                   
            balance of the purchase price.  The escrow instructions relating                              
            to the purchase of the 125-acre Bard parcel identified the buyers                             
            of the 125-acre Bard parcel as decedent and Zona Kenly, stated                                
            that Zona Kenly was a widow, and stated that decedent was dealing                             
            with his sole and separate property.  The sellers of the 125-acre                             
            Bard parcel, by warranty deed, conveyed title to that property to                             
            “JOHN KENLY husband of Betty Kenly as his sole and separate                                   
            property and; [sic] ZONA KENLY, a widow”.                                                     
                  In 1986, petitioner signed and recorded a disclaimer deed                               
            with respect to the 125-acre Bard parcel.  That deed referred to                              
            petitioner as the undersigned and decedent as the spouse, and                                 
                  1.  The spouse has acquired title to * * *                                              
                        [description of the 125-acre Bard parcel].                                        
                  2.    The property above-described is the sole and                                      
                        separate property of the spouse having been                                       
                        purchased with the separate funds of the                                          
                  3.    The undersigned has no past or present right,                                     
                        title, interest, claim or lien of any kind or                                     
                        nature whatsoever in, to or against said                                          
                  4.    This instrument is executed not for the                                           
                        purpose of making a gift to the spouse, but                                       

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