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Court granted each of these petitions. Jack R. Hancock was
designated as the guardian ad litem for the minor, unborn, and
unascertained beneficiaries.
Also on February 6, 1995, eight disclaimers were executed
and filed with the Probate Court. Six of these instruments,
namely, those executed by the three adult Lassiter children, by
Cathy’s spouse Paul A. Smith, by the guardian ad litem on behalf
of minor child Cheryl, and by the guardian ad litem on behalf of
Mr. Lassiter’s unborn and unascertained descendants, are
substantially identical. Each by its terms renounces any
interest in the Item V trust during the life of Mrs. Lassiter, as
follows:
RENOUNCEMENT OF SUCCESSION AND DISCLAIMER OF PROPERTY
HENRY A. LASSITER (the “Decedent”), of Clayton
County, Georgia, died on May 8, 1994. The Decedent
left a written will dated August 7, 1970 (the “1970
Will”), which was duly admitted to probate as the
Decedent’s Last Will and Testament by the Probate Court
of Clayton County, Georgia on May 26, 1994.
The Decedent’s wife (Paula Ann Masters Lassiter,
hereinafter referred to as “Mrs. Ann Lassiter”) and
descendants are beneficiaries under the Residuary Trust
established under Item V of the 1970 Will (the
“Residuary Trust”). The 1970 Will is recorded at
Docket Book R, Page 122, in the Probate Court of
Clayton County, Georgia. A subsequent will which
bequeaths and devises substantially all of the
Decedent’s property to Mrs. Ann Lassiter is believed to
exist but cannot be found.
The Decedent’s daughter, CATHY LASSITER SMITH, now
desires to fulfill her understanding of her father’s
intentions [or similar language appropriately
designating the disclaimant] by disclaiming,
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