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me, in equal shares as they shall agree or, failing agreement, then in such a manner as my
Personal Representative shall determine.
SIXTH:
All the rest, residue and remainder of my property and estate, of whatever
character, whensoever acquired and wheresoever situated and to which I or my estate
may be in any manner entitled at the time of my death, including any property or estate as
to which I may have any power of disposition or appointment and further including any
bequest which may have lapsed due to failure of a legatee to survive me (all said property
and estate being herein referred to as my “residuary estate”), shall be disposed of as
follows:
I give the residuary of my estate in fee simple absolute to , if s/he
survives me and if not, to .
SEVENTH:
If any person who shall become entitled to receive property under this Will
is a minor at the time distribution is to be made, I authorize the gift to be made under the
______________________________[your state] Uniform Transfers to Minors Act, or the
corresponding statute of any other state which might be applicable, and I authorize my
Personal Representative to receive such property as custodian for such minor or to name
as custodian an adult, a guardian of the minor or a trust company. The receipt of such
custodian shall constitute a full acquittance to my Personal Representative.
EIGHTH:
I nominate and appoint , as my Personal
Representative of this my Last Will and Testament. Should s/he be unable or unwilling to
serve, or fail to qualify within a reasonable time after receiving notice of his/her
nomination, I nominate and appoint , as his/her successor,
and I direct that neither my Personal Representative nor his/her successor be required to
give bond or undertaking or security thereon in any jurisdiction.
My Personal Representative shall have full discretionary power, in addition to any
powers provided by law, without order or approval of any court, to take any action
desirable for administration of my estate, including the power to sell at public or private
sale, any real or personal property belonging to my estate at whatever prices and upon
what ever terms s/he shall deem advisable, to retain, invest or reinvest in any property
without responsibility for diversification and without being restricted by any rule of law
or court limiting investments, to hold securities in the name of the nominee, to
compromise any claims to the same extent I could, if living, and to distribute in kind or in
money or partly in each, even if shares be composed differently.
NINTH:
(A) For the purposes of the Will, other than the appointment of my Personal
Representative, if a legatee shall die with me in a common accident or disaster, or under
such circumstances as to make it impossible or difficult to determine which of us died
first or in the event that any such legatee shall die within thirty (30) full days of my death,
then such legatee shall be considered to have predeceased me. This clause shall not apply
in any case where its application would cause any provision of this Will, which would