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Joint will devising all property in equal shares to spouse and children[1] center doc

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Joint will devising all property in equal shares to spouse and children. We, _________, age _________ years, and _________, age _________ years, husband and wife, both residents of _________, and both being of sound mind, do make this our last will and testament, hereby revoking all other wills heretofore made by either of us. 1. This will covers all property standing in the name or names of each and both of us. 2. I, _________, hereby name and constitute my wife, _________, independent executrix under this will. If my wife should precede me in death, then I constitute my son, _________, independent executor under this will. 3. I, _________, hereby name and constitute my husband, _________, independent executor under this will. If my husband should precede me in death, then I constitute my son, _________, independent executor under this will. 4. We each direct that the executrix or executor under this will shall not be required to make or file any bond, and that no action be taken in the probate court or in any other court in connection with our estates other than to file this will and have it admitted to probate and to file an inventory and appraisement. 5. The spouse who dies first devises and bequeaths all of the estate now or hereafter owned by him or her in _________ equal parts unto the surviving spouse and their _________ children: _________, _________, and _________; and the surviving spouse devises and bequeaths all of his or her estate unto their said children in equal parts. 6. If any one or more of said _________ children should die before the death of either or both of their parents, then and in such event said deceased child's part shall go and pass to his or her child or children, if any, or issue of his or her deceased children per stirpes by right of representation, and not per capita, in equal parts; but if such deceased child or children shall not have any child or children or issue, then and in such event, the part which would otherwise pass to said deceased child or children shall pass to the surviving spouse and surviving children of the makers of this will in equal parts. 7. The executor or executrix named under this will shall have full authority to grant, sell, convey and otherwise alienate any part of said estate with the written consent of all children over _________ years of age, but shall not have authority to grant, sell, convey or otherwise alienate any part of said estate without the written consent of all of said children over _________ years of age. 8. The executor or executrix acting under this will shall have full authority to rent, repair and improve all property in said estate, and to have possession of all money, rents, revenues and income from said estate, and authority to use all such funds for the support of all members of said family, and for the maintenance and improvement of all property in said estate, and shall have full authority to invest and reinvest the funds of said estate in such way as the executor or executrix shall deem best for said estate. 9. This is a joint will and is based upon a mutual consideration passing between the husband and wife, and shall never be revoked by either of them without the written consent of the other during their lifetime, and shall never be revoked by the survivor after one of them has died. Witness our hands [etc.].
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1/24/2008
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