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LAST WILL AND TESTAMENT
OF
____________(1)____________
I, ________(2)__________, of _____________(3)_______________ being of
sound and disposing mind, do hereby make, publish and declare the
following to be my Last Will and Testament, revoking all previous will and
codicils made by me.
I declare that I am married to _________(4)_________, to which I have
referred to herein as my "spouse", and that I have __(5)__
children now living whose names and birth dates are: (List Children's
Names and Birthdates)
I have _(6)_ deceased children.
All references to "my children" in this will include all of
the above-named children and also any child hereafter born or adopted by
me.
I
My spouse and I are executing wills at approximately the same time in
which each is the primary beneficiary of the other. These wills are not
being made because of any contractual agreement between us, and either
will may at any time be revoked by either maker at the sole discretion
thereof.
II
I appoint my spouse as personal representative of my will. If unable or
unwilling to act, or to continue to act, as executor of my will, I then
appoint ___________(7)___________ as personal representative of my will.
No bond or other security of any kind shall be required of any personal
representative appointed in this will.
My personal representative, whether original, substitute or successor,
shall hereafter also be referred to as my "executor".
III
I direct that my executor pay all of my funeral expenses, all state and
federal estate, inheritance and succession taxes, administration costs and
all of my debts subject to statute of
limitations, except mortgage notes secured by real estate, as soon as
practical.
IV
I give, devise and bequeath all of the rest, residue and remainder of
my estate, of whatever kind and character, and wherever located, to my
spouse, provided that my spouse survives me.
I make no provision for my children, knowing that, as their parent, my
spouse will continue to be mindful of their needs and requirements.
V
If my spouse does not survive me, then I give, devise and bequeath all
of the rest, residue and remainder of my estate, of whatever kind and
character, and wherever located, to my children per stirpes, and I direct
that the share of any child of mine who shall have died leaving no issue
shall be divided among my surviving children in equal shares per stirpes.
VI
My executor shall have the following additional powers with respect to
my estate, to be exercised from time to time at my executor's discretion
without further license or order of any
court.
Business Interest
To sell or otherwise liquidate, or to continue to operate my executor's
discretion, any corporation, partnership or other business interest
received by my estate.
Property of My Estate
To retain any and all property and securities of my estate in the name
of my executor as executor or in my executor's own name.
Retention of Assets
To retain all property and securities of my estate for as long as my
executor deems advisable.
Management of Estate
To invest, lease, rent, mortgage, insure, repair, improve or sell any
and all real and personal property belong to my estate as my executor
deems advisable.
Mortgages, Pledges and Deeds of Trust
To enforce any and all mortgages, pledges and deeds of trust held by my
estate and to purchase at any sale thereunder any such real or personal
property subject to any mortgage, pledge or deed of trust.
Litigation
To initiate or defend, at my executor's discretion, any litigation
affecting my estate.
Attorneys, Advisors and Agents
To employ and to pay from my estate reasonable compensation to such
attorneys, accountants, brokers, and investment, tax and other advisors as
my executor shall deem advisable.
Adjustment of Claims
To submit to arbitration, to compromise or to release or otherwise
adjust, with or without compensation, any and all claims affecting the
trust estate.
Distribution of My Estate
In distributing my estate, to make said distribution wholly or partly
in kind by transferring or allotting such real or personal property or
undivided interest therein.
VII
If any person, whether or not related to me by blood or in any way,
shall attempt, either directly or indirectly, to set aside the probate of
my will or oppose any of the provisions hereof, and such person shall
establish a right to any portion of my estate, then I give and bequeath
the sum of one dollar ($1.00), only that, and no further interest whatever
in my estate to such person.
VIII
In the event that any of my property, or all of it, at the time of my
death is community property under the laws of any jurisdiction, then my
will shall be construed as referring only to
my community-property interest therein.
IX
If any portion of my will shall be held illegal, invalid or otherwise
inoperative, it is my intention that all of the other provisions hereof
shall continue to be fully effective and operative insofar as is possible
and reasonable.
IN WITNESS WHEREOF, I have hereto set my hand and seal this _(8)_ day
of ______(9)_______, 19_(10)_.
____________(11)_______________
Signed, sealed, published and declared to be the Last Will and
Testament by ______(12)________ in the presence of all of us, who, in the
presence and at the request, and in the presence of each other, have
hereunto subscribed our names as witnesses:
WITNESS NAMES AND SIGNATURES WITNESS ADDRESS
___________(13)_____________ ___________(14)__________
Name:
___________(13)_____________ ___________(14)__________
Name:
___________(13)_____________ ___________(14)__________
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