Will
with equitable life estate and right to purchase real property.
I, _________, of the City of _________, County of
_________ and State of _________, do hereby make, publish and declare this to
be my Last Will and Testament, hereby revoking any and all former wills made by
me.
First. I direct that all of my legal debts and
funeral expenses be paid as soon as it conveniently may be done after my
decease.
Second. I direct that my tangible personal property
be sold.
Third.
(a). I give and bequeath unto _________ the sum of
$_____.
(b). I give unto _________ and _________ the right
to purchase from my estate, my real estate in _________ Township, _________ County,
_________, see Deed Book Volume —, page —, for its appraised value at the time
of my death. Said right shall be exercised by written notice to my Executor
within six (6) months after my death. If these parties do not purchase same,
said real estate shall be sold on the open market, and the proceeds be part of
my residuary estate.
Fourth. All the residue of my estate, I give to
_________ to hold in Trust in the manner set forth.
(A). The Trustee shall invest and reinvest this
Trust Estate and shall distribute the Net Income (hereinafter called
"Income") and principal as follows:
(1). During the lifetime of _________ if she
survives me, the Trustee shall pay the Income quarter-annually to her for the
benefit of _________ for so long as she shall live.
(2). If the Trustee considers the income to be
insufficient in view of other income of which it has knowledge to provide for
the welfare and comfortable support of _________, including funeral expenses,
the Trustee is authorized in its discretion to use such sums from principal as
it deems advisable thereof.
(3). Upon the death of _________ the then principal
shall be divided into equal parts and shall be distributed as follows:
(a). _________ (_________) part to _________, if
living.
(b). _________ (_________) part to _________, or if
she is deceased, to her then living issue per stirpes.
(B). If any remainderman under the foregoing
provisions is a minor and is entitled to a share in excess of the amount which
may be paid to his or her natural guardian, such share shall be retained by the
Trustee in a separate trust until the twenty-first (21st) birthday of said
remainderman, at which time, the trust shall terminate and the principal shall
be transferred and delivered to him or her free of trust. During such minority
period, the Trustee shall pay to the person having custody of said
remainderman, without liability on the part of the Trustee to see to the
application thereof, or may expend directly so much of the Income and principal
as it deems advisable for the welfare, comfortable support and education of
said remainderman and shall add any excess Income to principal and invest it as
such. In the event of the death of said remainderman during minority, the
Trustee is authorized in its discretion to pay part or all of the funeral
expenses, and the remaining principal shall be transferred and delivered to
said remainderman's heirs, subject to the provisions of this paragraph.
(C). The interest of any beneficiary hereunder,
including a remainderman, in Income or principal, shall not be subject to
assignment, alienation, pledge, attachment or claims of creditors until after
payment has actually been made by the Trustee as hereinbefore provided.
(D). Upon the death of any Income beneficiary, any
Income accrued or received by the Trustee subsequent to the last Income Payment
date shall be paid to the person or persons for whose benefit the principal
producing such Income is continued in trust or to whom such principal is
distributed under the terms hereof.
(E). Corporate distributions received in shares of
the distributing corporation shall be allocated to principal, regardless of the
number of shares and however described or designated by the distributing
corporation.
(F). The Trustee hereunder shall have the following
powers, in addition to and not in limitation of those granted by law; to accept
assets in kind in distribution from my estate; to collect proceeds of insurance
on my life and to use such proceeds to purchase assets from my estate; to
retain assets in kind, including shares of its own corporate stock, or to sell
the same and to invest and reinvest the proceeds of any cash in any kind of
property, real or personal, or part interest therein, without being restricted
to investments which are listed as legal for trust funds; to pledge, exchange
or mortgage real or personal property and to lease the same for terms exceeding
five (5) years; to give options for sales, leases and exchanges, to borrow
money; to compromise claims; to vote shares of corporate stock, in person or by
proxy, in favor of or against management proposals, except that the Trustee
shall vote shares of its own corporate stock only as directed by a competent
adult Income beneficiary of the trust in which said shares are held; to carry
securities in the name of a nominee; to make division or distribution hereunder
either in cash or in kind; and to allot different kinds of or interests in
property to different shares.
(G). The Trustee may resign at any time, without
stating cause, by petitioning a court of competent jurisdiction to designate
and appoint a successor corporate Trustee. In case of the merger or
consolidation of the Trustee, the resultant company shall become successor
Trustee hereunder without notice to any party.
(H). The Trustee shall be entitled to receive annual
compensation for its services hereunder in accordance with its schedule in
effect when the services are performed, but not in excess of such compensation
as would be approved by a court of competent jurisdiction.
Fifth. I appoint _________ Executor of this my Last
Will and Testament, giving to my Executor the same powers as are hereinbefore
given to my Trustee, including the right to distribute my securities or other
property in kind.
No bond shall be required of any fiduciary hereunder
in any jurisdiction.
Sixth. I direct that all estate, inheritance and
other taxes in the nature thereof, together with any interest and penalties
thereon, becoming payable because of my death with respect to the property
constituting my gross estate for death tax purposes, whether or not such
property passes under this Will, shall be paid from the principal of my
residuary estate; and no person receiving or having a beneficial interest in
any such property, whether under this Will or otherwise, shall at any time be
required to contribute to or refund any part thereof. At any time prior to the
vesting of a future interest in possession and enjoyment, my Executor or the
Trustee to whom my residuary estate has been distributed shall have the
discretion to elect to prepay all or any part of the death taxes thereon, and
such election shall be binding upon all parties in interest.
In witness whereof, I have set my hand and seal on _________[date].
_________(Seal)
Signed, sealed, and published
and declared by the above named Testator, _________, as and for his Last Will
and Testament, in the presence of us, who in his presence, at his request and
in the presence of each other have hereunto subscribed our names as witnesses
thereto.
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