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I, Dianne Jayne Smythe, of 1669 Maple Rd., Cleveland Heights, Cuyahoga County, State
of Ohio, being of lawful age, sound mind and memory, and under no restraint, do publish this,
my Last Will and Testament, revoking all others (if any) previously made by me.

I am currently married to David James Smythe who is referred to herein as ³my spouse.´
All references to ³my spouse´ are to my current spouse listed herein, or to my subsequent
spouse, if applicable, at the time of the execution of this Last Will and Testament. I am the
parent of the following children: Jaylen, Kylen and Hayley. All references to ³my children´
shall include my current children listed herein as well as any biological children born to me after
the date of execution of this Last Will or other children legally adopted by me after the date of
execution of this Last Will.

Except for the following enumerated bequests, I give, devise, and bequeath my entire
estate, whether real, personal, or mixed, of every kind, nature, and description whatsoever, and
wherever situated, which I may now own or hereafter acquire, or have the right to dispose of at
the time of my decease, by power of appointment or otherwise, to my spouse. In the event that
my spouse should predecease me, or fail to survive me by thirty days, my entire estate, except as
provided in the following paragraph, shall be divided among my surviving children, otherwise to
his/her/their lineal descendents in equal shares per stirpes. Should that child who predeceases
me have no issue living at the time of my decease, then his/her share of my estate shall pass to
my other surviving children. If my children are under the age of eighteen (18) years at the time
of the execution of this Last Will and Testament, then each child under the age of eighteen¶s
entire devised portion of my estate will instead be held in trust for the care of him/her by his/her
guardian until he/she reaches the age of eighteen years, at which time the remaining portion will
be transferred to him/her.

Notwithstanding any other portion of this Last Will and Testament, I give, devise, and
bequeath to my daughter Haley all of my jewelry, including, but not limited to, my necklace
from my grandfather and my rings. If Haley should predecease me, then my jewelry shall be
divided among her lineal descendents, if any, per stirpes, otherwise among my surviving
children.

If my husband does not survive me and I leave minor children surviving me, I appoint my
brother Kyle Jamison, of Los Angeles, California, as guardian of the person and property of my
minor children. If unable or unwilling to act, or to continue to act as guardian, I then appoint
Erika Harrison of Glenwood St., Cleveland Heights, Ohio as guardian of the person and property
of my minor children.

I nominate and appoint my spouse as Executor of this, my Last Will and Testament, and
require that no bond be given by him, hereby granting to him as Executor full power and
authority to sell and convey all or any part of my estate, real, personal, or mixed, upon such
terms and at such prices as appraised, and without obtaining any order of Court. I also grant him
full power and authority in the settlement of my estate to compromise, compound, adjust, and
settle any and all debts and liabilities due to or from my estate, for such sums and upon such
terms and conditions and in such manner as my Executor deems best. Notwithstanding any other
portion of this Last Will and Testament, my Executor will make payments for my final care,
funeral expenses, and other debts I may owe prior to apportioning the remainder of my estate in
accordance with the provisions for such apportionment. Should my spouse predecease me, my
friend Erika Harrison of Glenwood St., Cleveland Heights, Ohio shall be the Executrix of this,
my Last Will and Testament, and be held to the same requirements stated in this paragraph.
If any beneficiary within this Last Will and Testament contests in court any provision
within this Last Will and Testament, he/she shall be disinherited from the proceeds of my estate,
and shall have forfeited any and all rights and privileges to any benefit listed within this, my Last
Will and Testament.

I wish to have a simple funeral and no wake. I do not want to have an expensive funeral.

In witness whereof, I have signed my name and acknowledged and published this
instrument, identified by my signature, as my Last Will and Testament, in the presence of the
undersigned witness on this third (3rd) day of March, 2010.

________________________
Dianne Jayne Smythe

We hereby certify that Dianne Jayne Smythe, the Testator named in the foregoing
instrument of writing, subscribed her name thereto on this day, in our presence, and to us
declared the same to be her Last Will and Testament; that we subscribe our names hereto as
Witnesses in the presence and at the request of the Testator, and in the presence of each other,
and that at the time of the execution of the instrument as aforesaid and of our subscribing the
same as Witnesses, the Testator was of sound and disposing mind, to the best of our knowledge,
information, and belief.

Witness our hands at the City of Cleveland, Cuyahoga County, State of Ohio this third
(3rd) day of March, 2010.


 

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