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									                        LAST WILL AND TESTAMENT OF




        I, ___________, a resident of and domiciled in the County of _________, _________, being

of sound and disposing mind, memory and understanding, do hereby make, ordain, publish and

declare this to be my Last Will and Testament, hereby revoking any and all Wills and instruments of

a testamentary nature heretofore made by me.

                                               ITEM I.

        My funeral expenses, my last illness expenses, my debts and the expenses of administration

of and claims against my estate shall be paid out of my residuary estate. However, I direct that my

Personal Representative may cause any debt to be carried, renewed and refinanced from time to

time upon such terms and with such securities for its repayment as my Personal Representative may

deem advisable, taking into consideration the best interests of the beneficiaries hereunder. If at the

time of my death any of the real property herein devised is subject to a mortgage, I direct that the

devisee taking such mortgaged property shall take it subject to such mortgage and that the devisee

taking such mortgaged property shall take it subject to such mortgage and that the devisee shall not

be entitled to have the obligation secured thereby paid out of my general estate.

                                               ITEM II.

        All estate taxes, federal and state, succession, death or similar taxes (other than generation-

skipping transfer tax) imposed by reason of my death with respect to any property required to be

included in my gross estate for estate tax purposes, whether probate or nonprobate assets, and any

interest and penalties thereon, shall be paid out of my residuary estate.

                                              ITEM III.

        I will, devise and bequeath all of my personal and household effects of every kind,
including, but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass,

books, jewelry, wearing apparel, automobiles and other vehicles, and all policies of fire, burglary,

property damage and other insurance on or in connection with the use of this property to those

persons or organizations designated in any written statement either in my handwriting or signed

by me and in existence at the time of my death. If no such written statement is found within

thirty (30) days after the appointment of my Personal Representative, it shall be conclusively

presumed that there is no such written statement and any subsequently discovered written

statement shall be void. In default of such written statement, or to the extent such written

statement does not completely or effectively dispose of my tangible personal effects, then I give,

devise and bequeath all of the rest of my tangible personal effects, as previously described, to my

beloved wife, ________, if she survives me, to be hers absolutely, but if she does not survive me,

then to my sons, ________________ in approximately equal shares, provided however, the issue

surviving me of a deceased child shall take per stirpes the share their parent would have taken had

he or she survived me. If my issue do not agree to the division of the said property among

themselves, my Personal Representative shall make such division among them, the decision of my

Personal Representative to be in all respects binding upon my issue. If my Personal Representatives

cannot agree among themselves, the division shall be by binding mediation. If a party refuses to

submit the matter to binding mediation, or if a party refuses to participate in good faith, I

authorize the court having jurisdiction over my estate to award costs and attorney’s fees from

that party’s beneficial share or from other amounts payable to that party (including amounts

payable to that party as compensation for service as fiduciary) as in chancery actions. If any

beneficiary hereunder is a minor, my Personal Representative may distribute such minor’s share to

such minor or for such minor’s use to any person with whom such minor is residing or who has the
care or control of such minor without further responsibility, and the receipt by the person to whom it

is distributed shall be a complete discharge of my Personal Representative.

                                             ITEM IV.

       I will, devise and bequeath to my beloved wife, _____________, to be hers absolutely, all

of my interest in our primary residence that I may own at the time of my death, subject to any

mortgages thereon, together with all policies of insurance on such property.

                                              ITEM V.

       I will, devise and bequeath to my beloved wife, __________, to be hers absolutely, all of

my interest in any other real property that I may own at the time of my death, subject to any

mortgages thereon, together with all policies of insurance on such property.

                                             ITEM VI.

       All the rest, residue and remainder of my estate, real and personal, of whatever nature and

wherever situated, and whether acquired before or after the execution of this will, including,

without limitation, all lapsed legacies, devises and bequests, I give, devise and bequeath to my

beloved wife, __________ , if she survives me, to be her absolutely.

                                             ITEM VII.

       If my beloved wife, _______________, should predecease me or if we should die as a result

of a common disaster under such circumstances that it would be impossible or impractical to

determine the survivor, then I will, devise and bequeath in fee simple absolute the rest, residue and

remainder of my property whether real, personal or mixed, of whatever kind or nature, wherever it

may be situate, which I now own or may hereinafter acquire, including all property which I may

have the power to dispose of at the time of my death to my sons, __________ in approximately

equal shares, provided however, the issue surviving me of a deceased child shall take per stirpes the
share their parent would have taken had he or she survived me. If my issue do not agree to the

division of the said property among themselves, my Personal Representative shall make such

division among them, the decision of my Personal Representative to be in all respects binding upon

my issue. If my Personal Representatives cannot agree among themselves, the division shall be by

binding mediation. If a party refuses to submit the matter to binding mediation, or if a party

refuses to participate in good faith, I authorize the court having jurisdiction over my estate to

award costs and attorney’s fees from that party’s beneficial share or from other amounts payable

to that party (including amounts payable to that party as compensation for service as fiduciary)

as in chancery actions. If any beneficiary hereunder is a minor, my Personal Representative may

distribute such minor’s share to such minor or for such minor’s use to any person with whom such

minor is residing or who has the care or control of such minor without further responsibility, and the

receipt by the person to whom it is distributed shall be a complete discharge of my Personal

Representative.

                                            ITEM VIII.

       If my spouse shall survive me but shall disclaim any of the property bequeathed to her

under the foregoing provisions of this Will, such disclaimed property shall not be disposed of as

if my spouse had predeceased me but instead shall be distributed to the Trustee of the Disclaimer

Trust created under ITEM IX of this Will. If any beneficiary, other than my spouse, shall

disclaim all or any portion of the property passing to such beneficiary under the provisions of

this Will, then such beneficiary shall be deemed to have predeceased me for the purpose of

disposing of any disclaimed property interest.

                                             ITEM IX.

       If my spouse shall disclaim any or all of the property bequeathed to her under this Will,
such property is directed to be distributed to ______________ as Trustee. Any property passing

to the Trustee of this Disclaimer Trust shall be held by such Trustee in trust and the income and

principal thereof shall be disposed of in the following manner:

a) Commencing with the date of my death, my Trustee shall pay all of the net income from this

trust, in convenient installments, but not less frequently than quarterly, to or for the benefit of my

beloved wife, ______________, for and during the term of her life. My Trustee is also

authorized to pay to or for the benefit of my wife such sums from the principal of this trust as in

the discretion of my Trustee shall be necessary or advisable, at any time, and from time to time,

for the health, support and maintenance of my wife. Upon the death of my wife, my Trustee

shall pay any accrued and undistributed income of this trust to the estate of my wife.

b) During my spouse's lifetime, the Trustee shall distribute so much or all of the principal of the

trust to any one or more or all of my issue, the issue of my spouse's parents, and the spouses of

such issue, outright or in further trust and in such proportions and subject to such terms and

conditions as my spouse shall appoint by an instrument in writing, signed and acknowledged and

delivered to the Trustee, it being my intention to grant to my spouse a lifetime special power of

appointment.

c) No disposition, charge, or encumbrance on the income or principal of the trust or any part

thereof by any beneficiary under this Will by way of anticipation shall be valid or in any way

binding upon the Trustee, and no beneficiary shall have the right to assign, transfer, encumber, or

otherwise dispose of such income or principal or any part thereof until the same shall be paid to

such beneficiary by the Trustee, and no income or principal or any part thereof shall in anywise

be liable to any claim of any creditor of any such beneficiary.

The Trustee is authorized, in the Trustee's absolute discretion, at any time and from time to time,
by an instrument in writing, signed and acknowledged, to appoint additional or successor

Trustees, either individual or corporate, to act in addition or in succession to the Trustee

designated herein or pursuant to the power herein granted, provided, however, that in no event

shall there be more than two Trustees, including one corporate Trustee, in office at the same

time. No bond shall be required of the individual initial trustee and he shall serve without

remuneration. However, bond shall be required of any additional or successor Trustees, with the

exception of ___________, and they shall be entitled to charge reasonable and ordinary fees for

such service.

                             
								
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