Software of the Month Club 1995 December/SOFM_Dec1995.bin/pc/win/biz/cyber/forms.exe/001LEW.LGF

Text File | 1993-10-05 | 8KB | 161 lines

     (husband leaving everything to his wife, if the wife dies
      before the husband leaving everything to the children.)
                            Delete Text Above


                THIS IS THE LAST WILL AND TESTAMENT of ,

                          _____________________


         1.     I HEREBY REVOKE all wills and testamentary
         dispositions of every nature and kind whatsoever by me
         heretobefore made.

         2.     I NOMINATE, CONSTITUTE, AND APPOINT, my wife,
         _______________________ ,
         to be the sole Executor and Trustee of this my Will.
         If she is unable or unwilling to act, I THEN NOMINATE,
         CONSTITUTE AND APPOINT
         _______________________ ,
         to be the sole Executor and Trustee of this my Will.

         3.     I GIVE, DEVISE, AND BEQUEST all my property of
         every nature and kind and wheresoever situate, including
         any property over which I may have a general power of
         appointment to my said Trustee upon the following
         trusts, namely:
                a)      To use his or her discretion in the
         realization of my estate, with power to my Trustee to
         sell, call in and convert into money any part of my
         estate not consisting of money at such time or times in
         such manner and upon such terms, and either for cash or
         credit or for part cash and part credit as my said
         Trustee in his or her absolute discretion may decide
         upon, or to postpone such conversion of my estate or any
         part or parts thereof for such length of time as he or
         she may think best, and I hereby declare that my trustee
         shall have a separate and substantive power to retain
         any of my investments or assets in the form existing at
         the date of my death at his or her absolute discretion
         without responsibility for loss to the intent that
         investments or assets so retained shall be deemed to be
         authorized investments for all purposes of this my Will.
                b)      To use his or her discretion in making
         elections with power to make all such elections as he or
         she shall deem in his or her absolute discretion to be
         in the best interests of my estate as a whole, and
         specifically, and elections as may be necessary under
         The Income Tax Act and the provisions thereof from time
         to time in force.
                c)      To make any division of my estate or set
         aside or pay any share or interest therein, either
         wholly or in part, in the assets forming my estate at
         the time of my death or at the time of such division,
         setting aside or payment, and I declare that my trustees
         shall, in their absolute discretion, fix the value of my
         estate or any part thereof for the purpose of making any
         such division. setting aside or payment, and their
         decision shall be final and binding upon all persons
         concerned. In fixing the value of the assets of my
         estate, I direct my Trustee to keep an even hand and I
         direct them to take into account not only fair market
         value of capital property but also its adjusted cost
         base.
                d)      To make a distribution of assets
         according to the items of this my Will if, in their
         opinion, there is no further liability for any taxes
         even though they have not obtained a clearance. My
         Trustees may, if they consider it advisable, make any
         such distribution, and as a condition for so doing shall
         have the right to ask for and receive signed
         indemnification from the beneficiaries to whom any such
         distributions are made.
                e)      To pay my just debts, funeral, and
         testamentary expenses, and all estate, legacy,
         succession and inheritance taxes and duties (if any),
         whether imposed by or pursuant to the law of any
         domestic or foreign jurisdiction whatsoever, that may be
         payable in connection with the property passing (or
         deemed to pass by any governing law) on my death or in
         connection with any insurance on my life or in
         connection with any gift or benefit given or provided by
         me either in my lifetime or by the survivorship or by
         this my Will or any Codicil thereto, and whether such
         taxes and duties payable in respect of estates or
         interests which fall into possession at my death or any
         subsequent time; and I hereby authorize my Trustees to
         commute or repay any such taxes or duties.
                f)      To pay or transfer the residue of my
         estate to my beloved wife, for her own use absolutely.
                g)      provided that if my wife should die
         before myself, to give my wife's share, in equal
         portions, to my children, alive at the time of my
         death, for their own use absolutely.

         4.     I DECLARE that in this my will the term 'trustee'
         or 'trustees' and all references thereto shall (where
         the context so permits) mean and include the Executor,
         the Executrix, the Executors, the Trustee, the Trustees
         for the time being hereof, whether original, additional,
         or substitutional, and shall be construed accordingly.

         5.     If any of my children should become entitled to
         any share in this my Estate before attaining the age of
         18 years, the share of such person shall be held and
         kept invested by my Trustee and the income and capital
         or so much thereof as my trustee in his or her absolute
         (but reasonable) discretion shall deem advisable, shall
         be used for the benefit and education of such children
         until he or she reaches the age of majority, when the
         remaining balance of his or her portion remaining shall
         be paid to that person for his or her own use absolutely.

         6.     If any person, other than my own children, shall
         become entitled to any share in this my Estate before
         attaining the age of majority, the share of such person
         shall be paid to the parents, or parents, or trustee, or
         guardian (as the case may be) of that person, in trust
         for that minor; and the receipt signed by that parent,
         or parent(s), or trustee, or guardian (as the case may
         be) shall be sufficient to discharge my trustee of his
         or her obligations under this my will.

         7.     It is my wish and instructions that my wife be
         the guardian of my children; however, if my wife should
         die before me, I hereby nominate, constitute, and
         appoint as the guardian of my children,
         ______________________ .


         IN TESTIMONY WHEREOF I have to this my Last Will and
         Testament written upon this and the preceding pages of
         paper, subscribed my name this _________  day of
         _______________________ , A.D. 19 _____ .


         SIGNED, PUBLISHED, AND )
         DECLARED by the said   )
         Testator as and for    )
         the Testator's Last    )
         Will & Testament, in   )
         the presence of us,    )
         both present at the    )
         same time, who, at the )
         Testator's request,    )
         in the Testator's      )
         presence and in the    )
         presence and in the    )
         presence of each       )
         other, have hereunto   )
         subscribed our names   )
         as witnesses.          ) ______________________________



         __________________________    __________________________
         witness                                           witness