Will and Testament
I, Mr. John Peter Smith, residing in Toronto, Ontario, Canada,
being of sound and disposing mind and memory, do hereby make and
declare this to be my Last Will and Testament with respect to the
disposition of only that property owned by me at the time of my
death and situate in the United States of America, and I declare
that I have prepared a separate Will disposing of all my other assets.
I HEREBY REVOKE all prior wills, codicils and other testamentary
dispositions made by me, but only to the extent that they are inconsistent
with, or relate to, the property covered by a Will from the same jurisdiction.
1. IDENTIFICATION OF FAMILY
I am married. My wife's name is Jane Marie Smith.
I have a son, Jerry, born January 26, 1971. I have a daughter,
Jackie, born January 25, 1970. I have a son, Johnny, born
January 27, 1972. I have a son, Jimmy, born January 25, 1968.
Deceased Family Members
I do not have any deceased spouses or children.
I NOMINATE, CONSTITUTE and APPOINT my brother, Jake Smith, of
Toronto, Ontario, to be the Estate Trustee, Executor, and
Trustee of this my Will, provided that there should be at all
times one (1) Estate Trustee, Executor and Trustee of this my
Will so that in the event that my above-named Estate Trustee,
Executor and Trustee shall have pre-deceased me or shall survive
me but die before the trusts hereof shall have terminated or
shall be unable or unwilling to act or to continue to act, I
appoint, in the following order of priority, such one of the
persons hereinafter named as shall not already be acting and as
shall be able and willing to act to fill the vacancy so created,
namely, my father-in-law, Peter Simpson, of San Francisco, CA.
References to "my Executor" in this my Will shall include each
Estate Trustee, Executor and Trustee of my Will, my estate or
any portion thereof who may be acting as such from time to time
whether original or substituted and whether one or more. I
request that no Executor, Trustee or successor in such capacity,
or any other fiduciary hereunder, shall be required to furnish
any sureties on his or her official bond in said capacity.
3. PAYMENT OF DEBTS
Except for liens and encumbrances placed on property as
security for the repayment of a loan or debt, I direct that
all debts and expenses owed by my estate to be paid out in
the manner provided for by the laws of the State of
4. PAYMENT OF TAXES
I direct that all estate, inheritance, and other death taxes
of any nature payable by reason of my death whether with
respect to property passing under this Will or property not
passing under this Will (except for any such taxes arising
solely as a result of any power of appointment I may have at
my death), shall be paid out in the manner provided for by
the laws of the State of California.
5. DISTRIBUTION OF PROPERTY AFTER DEBTS AND TAXES
In the event that my wife, Jane Marie Smith, survives me by
a period of thirty (30) days, then pay, transfer, and assign
the residue of my estate to her for her use absolutely.
If my wife, Jane Marie Smith, predeceases me, or survives me
but dies within a period of thirty (30) days of the date of
my death, then:
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