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LAST WILL AND TESTAMENT
OF
JOHN DOE
STATE OF GEORGIA
COUNTY OF FULTON
I, John Doe, of said State and County, being of sound and
disposing mind and memory, do make, publish and declare this instrument to be My
Last Will and Testament, hereby expressly revoking and annulling all other
Wills, Testaments and Codicils thereto, which I may have heretofore made. I
expressly decline to revoke any living will heretofore made by me.
I. Identity of Testator's Family
I declare that I am married to Anita Jane Doe (sometimes hereafter
referred to as "Spouse"). I have 2 children, now living, Johnny
Doe, Janie Doe. This will is made in specific contemplation of the birth of
additional children.
II. Property Disposed of
It is my intention by this will to dispose of all of the property which I
may own, which is subject to disposition by will. However, I hereby elect
not to exercise any power of appointment which I now have or which may
hereafter be conferred on me; no provisions of this will shall be construed
as an exercise in whole or in part of any such power.
III. Payments of Debts, Expenses, and Taxes
I direct my Executor to pay from the residue of my estate (1) all debts
allowed as claims against my estate, (2) my funeral expenses, (3) all
expenses of administration of my estate, and (4) all estate, inheritance,
succession, and transfer taxes (together with interest and penalties
thereon, if any) which may be assessed by reason of my death, and with
respect to property of every kind and description, whether or not passing
under this will. My Executor shall not receive reimbursement for any such
payment from any person or property.
IV. Real Property-Residence
I give and devise unto my Spouse, any interest I may have in the home in
which I reside at the time of my death, together with the land upon which
said home is located, provided my Spouse survives me. If the aforesaid
property is subject to any lien, pledge, or other encumbrance of any nature
whatsoever, such lien, pledge, or other encumbrance shall not be paid or
exonerated out of any other part of my estate so that the person receiving
such property will take it subject to such lien, pledge, or other
encumbrance.
V. Tangible Personal Property
I give and bequeath unto my Spouse, all of my household goods, furniture
and furnishings, automobiles, clothing, jewelry, and all of my personal
effects, not otherwise disposed of, provided my Spouse survives me.
VI. Residue
All the rest, residue and remainder of my estate, be it real, personal,
mixed, tangible or intangible property of whatever kind and wherever
situated, I will, devise, give and bequeath as follows: to my Spouse, and if
my Spouse does not survive me then to my children in equal shares.
VII. Executor
I nominate, constitute and appoint my Spouse as Executor of this
Will. If my Spouse does not survive me, fails to qualify, dies,
resigns or otherwise fails or ceases to serve as Executor hereunder, then I
nominate, constitute and appoint the first in the order named who is able
and willing to serve of the following:
Edward Executor
Elise Executor
Should probate of this Will be necessary in any jurisdiction in which the
Executor shall be unable or unwilling to qualify, then such other qualified
person as shall be designated in writing by my Executor is constituted and
appointed as ancillary Executor in such jurisdiction; and such ancillary
Executor shall complete ancillary administration of my Estate promptly and
as directed by the Executor and shall deliver the proceeds thereof to the
Executor.
VIII. Powers of Executor
My Executor, or any successor and survivor in office, shall have the
following privileges and exemptions and shall, without order of any court,
have the power to:
A. Sell, exchange, or otherwise dispose of any property at public or
private sale, for cash, without the necessity of court approval or
advertisement; to make leases for terms extending beyond the period of
administration;
B. Invest sums of money and proceeds from the sale of property or other
real property which in the discretion of the Executor would be deemed
proper;
C. Compromise, settle or adjust any claim or demand by or against the
Estate and to rescind or modify any contract affecting the Estate;
D. Employ agents, auditions, attorneys, real estate brokers, and to pay
them reasonable compensation;
E. Vote in person or proxy all stocks or other securities at any time
forming part of my Estate, as to any corporate question, or to exercise
options, and conversion privileges;
Renew any indebtedness, as well as borrow money, and to
secure the same by mortgaging, pledging or conveying any property;
F. Make any division or distribution required hereunder in cash or in
other property, real or personal, or partly in cash or partly in property,
real or personal, and the decision as to the shares and the composition of
shares shall be final and binding;
G. Serve without making or filing any inventory and appraisement, without
filing any annual or other returns or reports to any court and without
giving bond.
IX. Bond
I direct that no person appointed herein as Executor, or successor
Executor, shall be required to furnish any bond for the faithful performance
of their duties as such fiduciary in any jurisdiction whatsoever. In
the event the provisions of this paragraph cannot be completely complied
with and it is determined that any such person appointed herein is required
to furnish any bond for the faithful performance of their duties, then in
that event I direct that the cost or expense of any such bond be paid out of
my Estate.
X. Guardians
If my Spouse shall have predeceased me, and if at the time of my death
any child of mine shall not have attained the age of 18 years, then I
appoint Jeffery Doe the guardian of the person of such child or children.
If it should become necessary or desirable that a guardian of the
property of such child or children be appointed, then I appoint Guardian, to
be also the guardian of the property of such child or children.
If Guardian, should predecease me, or if Guardian survives me but is
unable or unwilling to serve as such guardian of the person or of the
property, or both, of such child or children, or if after undertaking such
duties she should die or resign, I appoint the first in the order named who
is able and willing to serve of the following:
Janice Doe
Jamie Doe
The guardians herein named shall serve without bond and, to the extent
allowed by law, shall not be required to file any inventory, returns, or
other reports, with any court.
XI. Will Not Contractual
My Spouse and I are executing wills at approximately the same time in
which each of us is the primary beneficiary of the will by the other. These
wills are not executed because of any agreement between my Spouse and me.
Either will may be revoked at any time at the sole discretion of the maker
thereof.
XII. Effect of Inoperative, Invalid, or Illegal Provision
If any provision of this will or of any codicil hereto is held to be
inoperative, invalid, or illegal, it is my intention that all of the
remaining provisions hereof shall continue to be fully operative and
effective so far as is possible and reasonable.
XIII. Headings
The headings above the various provisions of this will have been included
only in order to make it easier to locate the subject covered by each
provision and are not to be used in construing this will or in ascertaining
my intentions.
XIV. Survivor's Rights
The provisions in this will are for my Spouse and children, if any, are
in lieu of the statutory right of my surviving spouse and children, if any,
to year's support.
XV. Survivorship
Should any person or persons who would take under this will, but for this
provision, fail to survive me by more than 30 days, such person or persons
shall be deemed to have predeceased me for the purposes of construing all
the terms of this will.
XVI. Definitions
Where necessary and appropriate to the meaning hereof, the singular and
plural shall be interchangeable, and words of any gender shall include all
genders.
XVII. Counsel
Knowing that during the administration of my Estate matters will
necessarily arise requiring the services of an attorney, I request my
Executor to employ David J. Reed, as counsel not only to probate my Will but
also to represent my Estate in any and all other matters of a legal nature.
This Will was prepared at my request by my attorney, David J. Reed, whose
office is currently located at 1503 Bombay Lane, Oakbrook Centre, Roswell,
GA 30076, and whose telephone number is currently 770-751-0900.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
this My Last Will and Testament consisting of this page and the preceding ____
pages, each of which preceding page is identified by my initials, this _____ day
of __________________, 1999.
___________________________
John Doe
The foregoing instrument consisting of ____ pages was signed,
sealed, declared and published by John Doe, as and for the testator's Last Will
and Testament, and in the testator's presence and in the presence of each other
we have hereunto subscribed our names as attesting witnesses the date and year
above set forth.
______________________________ _____________________________
Witness Address
______________________________ _____________________________
Witness Address
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