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Last Will and Testament
THIS IS THE LAST WILL AND
TESTAMENT of me, Mr. John Peter Smith, of Toronto, in the Province of
Ontario, Canada.
1. REVOCATION
I HEREBY
REVOKE all former wills, codicils and other testamentary dispositions
made by me.
2. EXECUTORS
I NOMINATE, CONSTITUTE and APPOINT my wife, Jane Smith, of 1634 Dundas
Avenue, 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 predeceased 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 friend, Cindy Jones, of 166 Bayview Avenue, Apt. A-43,
Toronto, Ontario, then my brother, Albert Smith, of Minneapolis,
Minnesota, U.S.A.. References to "my Trustee" 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.
3. PROPERTY TO TRUSTEE
I GIVE,
DEVISE, AND BEQUEATH all of my property of every nature and kind and
wheresoever situate, including property over which I may have a general
power of appointment, to my Trustee upon the following trusts, namely:
Debts, Expenses and Taxes
-
To
pay out of my general estate my debts, funeral and testamentary expenses.
-
To
pay out of my general estate all income taxes, estate, inheritance and
succession duties or taxes whether imposed by or pursuant to the law
of this or any other jurisdiction whatsoever that may be payable in
connection with any property passing on my death or in connection with
any insurance on my life or any gift or benefit given or conferred by
me either during my lifetime or by survivorship or by this my Will or
any codicil hereto and whether such duties or taxes be payable in
respect of estates or interests which fall into possession at my death
or at any subsequent time.
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