APPENDIX E

Sample Will
(individual with no spouse or children and less than
an $1.5 million
mill
in
assets)
LAST WILL AND
TESTAMENT
MENT
D TESTAM
F
OF
______________________
_________________________________
__,, of the City of ________, County
C
__
I, _____________
_____________,
of ____________
and State of New York, being of sound min
mind and memory, do make
publish and declare this to be my last Will
Wil and Testament, hereby
evoking all prior Wills and Codicils.
revoking
dire that all my
FIRST: I direct
m legal debts (including unpaid charitable
pledges) and funeral expenses
ex
be paid by my Executor, hereinafter named,
as soo
soon as may bbe practicable.
SE
SECOND: (A) To my brother FERDINAND M. SMITH, if he survives
me, I give and bequeath all shares of stock I may own in
______________ Co. or its successor. If my brother fails to survive
me, I
ve m
give such shares to my sister _________________.

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(B) To _________________, if he survives

es me, I give and
urvives
bequeath the sum of Five Thousand Dollars
ars ($5,000). Itt is my wish, but I
do not direct, that he will make a donation
hat amount in my memory
onation of that
to _______________.

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(C) To _____________________,
____________, I give and bequeath
beq
any
automobile I may own, and the sum of _____________
______________ ($______
($________). If
she fails to survive
vive me, then her descendants shall take the
th bequest per
stirpes.

(D) To each niece and nephew oof mine who survives me, I give
____________ ($_______). For purposes of this
o _________
and bequeath the sum of
rticle, only ch
Article,
children born of my siblings (not adopted) shall share.
my Executor named herein (personally, and not in a
(E) To m
fiduciary
I give and bequeath all my remaining tangible
ciary capacity),
c
personal property, which shall mean all property that is not real estate
and whose value is its own substance or uniqueness, such as furniture,

jewelry or a coin collection. It does not include cash, books, documents or

other papers that are only evidence of intangible property rights, such as
bank accounts, stock certificates, promissory notes, insurance
urance policies
and the like. It is my wish, but I do not direct, that
Executor will
hat my Execu
distribute such property in accordance with my instructions, which I shall
provide him during my life.

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THIRD: All the residuee of my estate,

state, both real and personal aand
wheresoever
situate,
bequeat
te,
I
give,
devise
and
bequeath
tto
______________________
__________ or its successor, with its offices at
_________________________.
under
_________. I direct that the aamount passing
__________________.
pass
thiss Article shall be added to the permanent
endowment
of the
perm
endo
for its research and
u
organization, and only the income shall be used
operating expenses. If that organization has cceased to exist at my death, I
authorize the Executor to choose
choos another charity, devoted to
receive this bequest. Any such successor
__________________ to rec
___________________,
must qualify under Internal Revenue Code 501(c)(3).
anization mu
organization

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If any beneficiary under this Will dies within thirty (30)

F
FOURTH:
after my death, I direct, as a condition subsequent, that the bequest
days aft
tto that beneficiary shall be divested by his or her death, and that my
estate shall be disposed of pursuant to the provisions of this Will as if the
beneficiary had not survived me.

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FIFTH: I confer upon my Executor with respect

management
ect to the managemen
and administration of any property included
d in my estate, of whatever
nature and wherever located, in addition
owers conferred upon an
on to the powers
Executor by the laws of the Statee of New York
ork and elsewhere in this Will,
the following discretionary
s, without limitation by reason of
ary powers,
specification:

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tain any property in my estate, of whatever nature and

(A) To retain
qual or constituting a
wherever located, whether or not of a type or quality
fiduciary under the laws of
b a fiduc
diversification proper for investment by
or not productive of
New York or any other jurisdic
jurisdiction, and whether
w
income;

To sell, exchange,
abandon or otherwise dispose of any
(B) T
exc
property
t at public or
operty
o private sale, for such consideration and upon such
terms,
including credit, as seems advisable;
ms, includ
(C) To hold property in the name of a nominee;

(D) To determine, without restriction, whether to exercise any

elections provided for under the Internal Revenue Code, as the same may
be amended, including an election to claim administration
or
on expenses
ex
losses as income- or estate-tax deductions or an election to value
my
va
estate as of the date of my death or under
alternate
derr the so-called al
valuation method or special use valuation
ethod, and to forgo any
uation method,
adjustment of the shares of the beneficiaries
eneficiaries that may be provided by law
when such elections are made;
ade;
(E) If all or a portion
rtion of my estate shall vest
ve in absolute
absol
ownership
or, I authorize the Executor in the
th exercise of
ip in a minor,
o absolute
discretion
either:
co
scretion andd without authorization by any court,
(1) To distribute the whole or aany part of such distribution
Transfers to Minors Act and
Ne York Uniform
too a custodian under the New
Uni
without limitation. In establishing such
to choose such cus
custodian wit
GXUDWLRQWREHH[WHQGHGWRDJHDWWKHILGXFLDU\V
unt, I author
account,
authorize the GXU
receipt and release by the custodian shall be sufficient to
discretio The recei
discretion.
any liability of my Executor to the minor; or
disc
discharge
(2) To distribute the whole or any part of such property to
the parent or guardian of such minor.

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SIXTH: (A) I hereby appoint _____________ and _____________,

___________
or whichever of them may be willing and able too act, as Executor
Executors
hereof.

(B) No bond or other security

urity shall be required of any Executor,
even if residing outside the State of New York.
ork.

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IN WITNESS
this
OF I have hereunto subscrib
S WHEREOF
subscribed my name th
_______ day of _____________
_______ in the year 20__.

__________________________

certify that the foregoing instrument

We, the undersigned, do he
hereby certif
Testator in the presence of us and each
was signed by the abov
above-named T
off us and that said Testator at the same time declared said instrument to
be hhis
Testament and requested us and each of us to sign
is Last Will and T
our names thereto
there as witnesses to the execution thereof, which we hereby
do in the presence of said Testator and of each other on the day and year
last above written.

__________________________________________________ residing at

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__________________________________________________________
____
__________________________________________________
residing at
res
____________ resi
__________________________________________________________
_______________
____________________________
WITNESS AFFIDAVIT

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STATE OF NEW
K
EW YORK

)
) SS.:
COUNTY OF __________ )

ind
Each of the undersigned, individually
aand severally being duly sworn,
deposes and says:
instrument was subscribed in our presence and sight at
fo
The foregoing
instrum
the end thereof by ____________________, hereinafter referred to as the
Testator, on the ___ day of _________________, 20__.
The Testator at the time of making such subscription, declared the
foregoing instrument so subscribed to be his last Will.

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Each of the undersigned thereupon signed as a witness

ness at the end of
o
the foregoing Will at the request of the Testator and
nd in his presence and in
sight of each other.

The Testator, in the respective

ns of the undersigned, could
ctive opinions
read, write and conversee in the English
glish language and was suffering
sufferin no
defect of sight, hearing
eech, or from any other physical or mental
aring or speech,
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The foregoing
origina instrument
oregoing Will was executed as a single, original
instrum and was
not executed in counterparts.

Each of the undersigned was acquainted with the Testator at such time
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Each of the undersigned

undersign has, contemporaneously with the execution of
thiss affidavit, examined
the signatures at the end of the foregoing Will, and
exam
such signatu
signatures are the signatures affixed by the Testator and by each of
the undersigned.
__________________________

__________________________

Severally sworn to before me this

_________ day of ____________, 20__.

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___________________________________
Notary Public

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