I, Jennifer D. Dunn, of the Town of __________, County of __________, and State of __________, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils previously made by me.
ARTICLE I: DECLARATIONS
I declare that I am a widow as of the date of this Will and that my husband, James A. Dunn, is deceased. I further declare that I have no children born to or adopted by me.
ARTICLE II: DEBTS AND EXPENSES
I direct that all of my legally enforceable debts, funeral expenses and estate administration expenses be paid as soon after my death as may be practicable, except that any debt or expense secured by a mortgage, pledge or similar encumbrance on property owned by me at my death need not be paid by my estate, but such property may pass subject to such mortgage, pledge or similar encumbrance.
ARTICLE III: TAXES
I direct that all estate, inheritance, legacy, transfer, succession and other death taxes or duties (together with interest and penalties thereon, if any) that are levied or assessed upon or with respect to any property included as part of my gross estate, whether such property passes under the provisions of this Will or otherwise, shall be paid out of my residuary estate as an administrative expense, without any proration or apportionment that might otherwise be required by law.
ARTICLE IV: SPECIFIC BEQUESTS
A. To the individuals listed below, I give and bequeath the following:
1. To my friend, John T. Crow, of __________, __________, if he survives me, my 14' Sunfish sailboat with all related equipment, if owned by me at the time of my death.
B. If any of the individuals named in this Article IV do not survive me, then the bequest to such individuals shall lapse and the same shall become a part of my residuary estate, to be distributed as hereinafter provided in Article VII of this Will.
2. To my friend, Mable R. Zanfel, of __________, __________, if she survives me, my coin collection, if owned by me at the time of my death.
3. To my neighbor and friend, Candice Yesin, of __________, __________, if she survives me, my collection of dolls, if owned by me at the time of my death.
4. To my godson, Timothy B. Johnson, of __________, __________ if he survives me, my collection of baseball cards that were given to me by my father, if owned by me at the time of my death; provided that if my godson, Timothy B. Johnson, has not reached the legal age under the law of the jurisdiction in which he is domiciled at the time of my death, then the same shall be delivered to either of his parents, or the person having legal custody of him, and the receipt by such parent or other person shall constitute a complete and final acquittance to my Executor hereunder.
5. To my niece, Nancy Builtmore, of __________, __________, if she survives me, all the stock that I may own in XYX Corporation, or any successor thereto, at the time of my death.
ARTICLE V: TANGIBLE PERSONAL PROPERTY
A. I give all of the tangible personal property that I may own at the time of my death, which is not otherwise specifically bequeathed under this Will, including my personal effects, jewelry, household furniture and furnishings, garden and lawn furnishings and equipment, books, silver, art objects, hobby equipment and collections, wearing apparel, automobiles, and other personal articles, to my nieces and nephews who survive me, share and share alike.
B. I may leave a memorandum of my wishes regarding the ultimate disposition of some or all of my tangible personal property, and I would hope that my wishes as to the ultimate disposition of such property would be respected. However, such memorandum shall not affect the absolute nature of the bequests made under this Article V.
ARTICLE VI: GENERAL BEQUESTS
A. To the individuals and institutions listed below, I give and bequeath the following:
1. To each of my nephews and nieces who are living at the time of my death, the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00).
2. To the New Horizons Day Care Center located in , __________, __________, the sum of TEN THOUSAND DOLLARS ($10,000.00) for its general operating expenses.
3. To Fairlawn Cemetery of __________, __________, the sum of TWO THOUSAND DOLLARS ($2,000.00), to be held in trust in perpetuity by said cemetery, with the income therefrom to be used and expended for the care, maintenance and upkeep of the lot in which I shall be buried.
4. If my brother-in-law, Harry B. Good, of __________, __________, or his estate, or the beneficiaries thereof, shall be indebted to me in any amount at my death, whether such debt shall be evidenced by note, mortgage or otherwise, I direct and require that all of such indebtedness and all interest thereon be forgiven and canceled in its entirety, it being my intention to relieve the said Harry B. Good, his estate, and the beneficiaries of his estate, from any and every obligation to repay said indebtedness or any part thereof or any interest thereon.
B. If any of the individuals named in this Article VI do not survive me, or if any of the institutions named in this Article VI are not in existence at the time of my death, then the bequest to such individuals or institutions shall lapse and the same shall become a part of my residuary estate, to be distributed as hereinafter provided in Article VII of this Will.
ARTICLE VII: RESIDUARY ESTATE
All the rest, residue and remainder of the property that I may own at the time of my death, whether real, personal or mixed, of whatever kind and nature and wherever situated, including all property that I may acquire or become entitled to after the execution of this Will, or other gifts made by this Will that fail for any reason, but excluding any property over or concerning which I may have any power of appointment (all hereinafter referred to as my "residuary estate"), I give, devise and bequeath to the American Heart Association, Inc., a non-profit 501(c)(3) Corporation, headquartered in Dallas, Texas, for its general purposes.
ARTICLE VIII: APPOINTMENT OF EXECUTOR
A. I nominate and appoint my friend and attorney, Thomas B. Goodman of __________, __________, as Executor under this Will and, reposing special trust and faith in him, direct that no bond or other security be required for the faithful performance of his duties or, if bond is required, that sureties thereon be waived.
B. If the said Thomas B. Goodman predeceases me or fails to qualify as Executor or, having qualified, should die, resign or become incapacitated, then I nominate and appoint such member of the law firm of Goodman, Mayberry & Gonk, P.C. of __________, __________, as such law firm shall designate by an instrument filed with the probate court having jurisdiction over my estate, as Executor, and give him or her the same powers and authority as my original Executor was given. I direct that no bond or other security be required for the faithful performance of their duties or, if bond is required, that sureties thereon be waived.
C. In addition to any other powers that my be conferred by law, I give my Executor under this Will, including any successor or successors thereto, those powers set forth in the __________ General Statutes, any of which may be exercised without the need for court order.
ARTICLE IX: SURVIVORSHIP PRESUMPTION
If any beneficiary under this Will fails to survive me by thirty (30) days, it shall be deemed for all purposes of this Will that such beneficiary did not survive me.
ARTICLE X: USE OF WORDS AND CAPTIONS
Wherever the context so requires, words used herein in one gender shall be applicable to all genders, words used in the singular shall include the plural, and words used in the plural shall include the singular. The use of captions are for reference only and are not meant to govern or affect the interpretation of any part of this Will.
ARTICLE XI: DETERMINATION OF CHILDREN AND DESCENDANTS
As used in this Will, the words "children", "descendants" and "issue" shall include children in gestation and legally adopted individuals and the descendants of legally adopted individuals, provided such adoption took place at the time the individual adopted was a minor in the jurisdiction in which the adoption took place.
ARTICLE XII: FORFEITURE PROVISION
If any beneficiary named herein contests the admission of this Will into probate or institutes or joins in any proceedings as a plaintiff to contest the validity of this Will or any provision hereof (except in good faith and with probable cause), then all gifts, bequests and devises to such beneficiary shall lapse and my estate shall be administered and distributed in all respects as though such beneficiary had not survived me. IN WITNESS WHEREOF, I have subscribed my name to this, my Last Will and Testament, consisting of ______ pages; and, for purposes of identification, I have initialed each preceding page in the presence of two persons witnessing at my request, this __________ day of ____________________, 2012.
||Jennifer D. Dunn
Signed, sealed, published and declared by the above named Jennifer D. Dunn, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses on the day and year last above written.
____________________________________ of __________________________________
____________________________________ of __________________________________
Town of __________, this __________ day of ________________, 2012.
We, the undersigned, being duly sworn, do depose and say that we witnessed the within Will of the within named Testatrix, Jennifer D. Dunn; that we subscribed the same in her presence, in the presence of each other, and at her request; that the said Jennifer D. Dunn, at the time of signing said Will appeared to us to be of full age and of sound and disposing mind and memory, and competent to make a testamentary disposition of real and personal property; that she voluntarily signed said Will and declared the same to be her Last Will and Testament in our presence; and that this affidavit is made at the request of the said Jennifer D. Dunn.
Subscribed and sworn to this ______ day of ________, 2012, before me.