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5951.BLD
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1997-07-22
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#5950
@001 Please state the name of the testator:
~Enter the name of the person who is making the will
@002 Please state the city, state of residence of the testator:
~Enter the city, state where the testator lives, for example,
~Cleveland, Ohio
@003 Please state brief burial instructions:
~Enter brief burial instructions, for example, "cremation", or
~refer to pre-purchased burial plan
#201/#202 The trust for education is for:
~Select whether there is more than one child
~to benefit from the trust.
single child, grandchild or great grandchild
more than one child, grandchild or great grandchild
#if#201
@302 Enter the percentage of the estate left for trust:
~Enter the percentage of the estate left to the trust as a
~numeral. Be careful that the percentages equal 100%.
@300 Enter the name of the trustee:
~Enter the name of the trustee. You may also indicate their
~relationship to you. For example: Fred Smith, my brother.
@303 Enter the name of the successor trustee:
~Enter the name of the person to act as the successor trustee.
~This person will act if for any reason the person you have
~named as the trustee cannot act.
@301/@301/@301 Select whether the trust is for:
~Select whether the trust is for your child, grandchild or, if
~for other relative, select KEY IN VALUE and type in the
~relationship.
child
grand child
KEY IN VALUE
@304 Enter the full legal name of the child:
~Enter the name of the child for whose education
~this trust is established
@307 Enter disposition to be made of unspent trust funds:
~Enter what disposition should be made if any funds remain.
#endif
#if#202
@311 Enter the percentage of the estate left for trust:
~Enter the percentage of the estate left to the trust as a
~numeral.
@308 Enter the name of the trustee:
~Enter the name of the trustee. You may also indicate their
~relationship to you. For example: Fred Smith, my brother.
@312 Enter the name of the successor trustee:
~Enter the name of the person to act as the successor trustee.
~This person will act if for any reason the person you have
~named as the trustee cannot act.
@309/@309/@309 Select whether the trust is for:
~Select whether the trust is for children, grand children or if
~for other relatives, select KEY IN VALUE and type in the
~relationship.
children
grand children
KEY IN VALUE
@310 Enter the names of the children/grand children:
~Enter the name of the children, grand children or other
~relatives who are beneficiaries of the trust.
@313 Enter the disposition of the unexpended trust funds:
~State how you would like any funds which are not spent to be
~disposed of when the trust ends.
#endif
#203
@004 Please state beneficiary's name for remainder of estate:
~Enter the name of the person to inherit the remainder of your
~estate not left in the trust.
@005 Please state alternate beneficiaries name:
~Enter the name of the person to inherit in the event that your
~beneficiary does not survive you.
@006 Please state the state where executed:
~Enter the name of the state where the will is signed
@007 Please state the name of the executor:
~Enter the name of your executor (personal representative), the
~person to handle your estate
@008 Please state the name of alternate executor:
~Enter the name of the person to act as executor in the event
~your first executor cannot serve
@010 Please state the county where executed:
~Enter the name of the county, parish, borough or judicial
~district where the will is being signed
#end control section
#5950
/* Short will -- KIDDIE EDU TRUST Para. 5950*/
LAST WILL AND TESTAMENT OF @001
I.
I, @001, residing at @002, being of sound mind and in the
contemplation of the certainty of death, do hereby declare this
instrument to be my last will and testament.
II.
I hereby revoke all previous wills and codicils.
III.
I direct that the disposition of my remains be as follows:
@003
#201
IV.
I bequeath to @300, in trust, for the purpose of assisting the
provision of a college education to my @301, @304, @302 per cent
of my estate. In the event that @300 is unable or unwilling to
act as trustee, I appoint @303 as successor trustee. In the event
that neither @300 or @303 act as the trustee, the executor of
this estate shall name the trustee.
The trustee shall hold and invest and the corpus and accumulated
earnings of the trust solely for the benefit of @304 under the
terms and conditions stated herein. The trustee shall serve
without bond, without court administration and without
compensation, except that a professional fiduciary such as a
licensed bank trust department may receive its ordinary and
regular fees.
The trustee shall utilize the corpus and accumulated earnings of
the trust in the Trustees' discretion to assist @304 in obtaining
a college education.
For the purposes of this trust "college education" shall include
an apprenticeship, trade school or other recognized educational
course, including those operated by trade schools for profit.
This trust shall terminate upon: death of the beneficiary,
exhaustion of the funds, or, when the beneficiary reaches the
age of 35 years, unless at that time the beneficiary is pursuing
a course of higher education, in which case the trust shall end
when the beneficiary completes the course of higher education.
The unexpended corpus and accumulated earnings shall be disposed
of as follows:
@307
#202
IV.
I bequeath to @308, in trust, for the purpose of assisting the
provision of a college education to my @309, @310, @311 per cent
of my estate. In the event that @308 is unable or unwilling to
act as trustee, I appoint @312 as successor trustee. In the event
that neither @308 or @312 act as the trustee, the executor of
this estate shall name the trustee.
The trustee shall hold and invest and the corpus and accumulated
earnings of the trust solely for the benefit of the beneficiaries
under the terms and conditions stated herein. The trustee shall
serve without bond, without court administration and without
compensation, except that a professional fiduciary such as a
licensed bank trust department may receive its ordinary and
regular fees.
The trustee shall utilize the corpus and accumulated earnings of
the trust in the Trustees' discretion to assist @310 in obtaining
a college education. The Trustee shall have the discretion to
allocate the resources provided between the beneficiaries as
their needs and abilities may indicate. The Trustee shall not
be required to equalize the distributions.
For the purposes of this trust "college education" shall include
an apprenticeship, trade school or other recognized educational
course, including those operated by trade schools for profit.
This trust shall terminate upon: death of the last beneficiary,
exhaustion of the funds, or, when the last beneficiary reaches
the age of 35 years, unless at that time the beneficiary is
pursuing a course of higher education in which case the trust
will end when the course of higher education is completed.
The unexpended corpus and accumulated earnings shall be disposed
of as follows:
@313
#203
V.
I give all the rest and residue of my estate to: @004, if
they survive me for 60 days. If @004 does not survive me, I
give all the rest and residue of my estate to @005. If neither
@004 nor @005 survives me, I give all the rest and residue of
my estate to my heirs as determined by the laws of the State
of @006, relating to descent and distribution.
VI.
I appoint @007, to act as the executor of this will, to
serve without bond. Should @007 be unable or unwilling to serve,
then I appoint @008 to act as the executor of this will.
I herewith affix my signature to this will on this
the ____________ day of ________________________________, 19___
at ________________________________________, in the presence of
the following witnesses, who witnessed and subscribed this will
at my request, and in my presence.
______________________________________________________
TESTATOR
ATTESTATION CLAUSE
On the date above written, @001, well known to us declared to
us, and in our presence, that this instrument,
consisting of _____ pages, is @400 last will and testament, and
@001 then signed this instrument in our presence, and at @001's
request we now sign this will as witnesses in each other's
presence. Further that @001, appeared to us to be of sound mind
and lawful age, and under no undue influence.
Witness:
_______________________________________________________________
Address: ______________________________________________________
Witness:
_______________________________________________________________
Address: ______________________________________________________
Witness:
_______________________________________________________________
Address: ______________________________________________________
STATE OF @006
COUNTY OF @010
Before me, the undersigned authority authorized to take
acknowledgments and administer oaths, personally appeared:
@001
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
who after being having duly sworn or affirmed to tell the truth,
stated:
1. That @001 declared this instrument to be @900 last will and
testament to the witnesses.
2. That @001 signed this instrument in their presence.
3. That the witnesses signed as witnesses in the presence of
@001 and each other.
4. That @001 is well known to the witnesses, and the witnesses
believe @001 to be of lawful age, of sound mind and under no
undue influence or constraint.
______________________________________________________________
Officer
Title of Officer:__________________________________________
My Commission Expires: _________________________