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Home My WebLink About09-06-07 (5) ~@~~ 2 f-U(-c)8'l'L LAST WILL AND TESTAMENT of DORA 1. SHUMATE TABLE OF CONTENTS 1. Family Declaration.............. .... .... ................. ........ .......... ................ ......... .......... ........ ... ........... I 2. Tangible Personal Prop.erty ..... ...... .......... ........ ...... ...... ......... ......... ...... ................... ........ ........ 1 3. Residuary Estate.......... ..... ..... ..... ........ ................ ............... ........... .......... ................... .............. 1 4. Payment ofT axes and Exp.enses......................... ..... ........ ...... .......... ..... ...... ..... .... ............. ..... I 5. General Provisions ........ ...................... .......................... ..... ............................................... ..... 2 (a) Payments t<.) CeTU:iinBeneficiaries...... ......... ....................... ....................... ................... 2 (b) Nonexe:{'cise of Power of Appointment.. ...... ............. ....... ....... ...... ............ ............ ........ 2 (c) Singular and Masculine Usage... .. .................... ......... ..... ...... ................ ................. ........ 2 (d) Adopted ChildrelJ,.. ..... .......... ....... ..... .... ......... ........... ........... ............ ...... ...... .................. 2 6. Powers of Executor ..... .............. ......... ........ ........ ....... ..... .......... ............ .... ............ .................. 2 7. Waiver of Inventory and Court Accounting........................................................................... 3 8. Appointment of Executor... ..... .............. ......... ..... ..... .... ..... ........... .... ...... ............... ................. 3 I~-) ..(J . =) (f) :i ,.'1 , ()'l f.) L"W o""'C.Ea )Net$. /(1"" " DO~ P.I;:. w LAST WILL AND TESTAMENT of DORA J. SHUMATE I, Dora Jackson Shumate, also known as Dota J. Shumate, of Washington County, Virginia. do make, publish and declare this my Last Will and Testament, hereby revoking all former wills and codicils. 1. Family Declaration. I am not married. I have one son, Thomas K Shumate. All references herein to my son are to him. 2. Tangible Personal Propet"tY; 1 give ,all my clothing, householdfprniture andfumishings, jewelry, personal automobile!); and other tangi'blearticlesofapersonal nature, onnyinterest in any such property, not otherwise specifically disposed of by this Will orin any other manner, together with any insurance on the property, to my son. 3. Residuary Estate. All the rest, residue, and remainder of my estate, real and personal, of every nature and wherever situated, of which I may die seized or possessed, shall be distributed outright to my son Thomas. If my son does not survive me, all the remainder of my estate shall be distributed outright to my daughter-in...law"Susanne S. Shumate, without limitations., It is my desire that she use it for her welfare and benefitas well as that of the children. If Susanne does not then survi've,1l1Y estate shall be divided, among her living children subject to the provisions of Section 5(a) beloW. 4. Payment of Taxes and Expenses. I direct that all inheritance, estate, or other death taxes that may by reason of my death be attributable to property passing under this Will, or to any property or transfers of property outside my Will or otherwise, shall be paid out of my residuary estate without apportionment or adjustment among the residuary beneficiaries, and shall not be charged against or collected from any beneficiary of my Will or from any transferee or beneficiary of any property Passingotttsiderny Will, except that the amount, if any, by which the estate and inheritance taxes shalI be increased as al'esult of the inclusion of property which maybe includible in my estate under ~2044 of the Intemal Rev~nueeodeoro.ver Which Imay have power of appointment shall be paid by the person holding or reGeivingthatprOperty.. JnJerest and penalties concerning any tax shall be paid and charged in the samem.anner as the tax. LAW o",..,clta )NES. J(IN~ II DOWN" ".e. I further direct my Executor to pay all funeral expenses, costs of administration (including ancillary administration), costs of safeguarding and delivering devises and bequests, and all my judicially enforceable unsecured debts. ~~1. - 1- 5. General Provisions. (a) Payments to Certain Beneficiaries. Ifany property would pass pursuant to the terms of this Will outright toa beneficiary who has not attained the age of twenty-one (21), who is under a legal disability, or who, in the opinion of my fiduciary, is unable by reason of advanced age, illness, or other c;onditionto properly ltlanagehisaffairs, then the property shall vest in such beneficiary but my fiduciary shall retain the propertyintrulrt. My fiduciaryshalladltlinister the trust and shall distribute to orfor the benefit of such beneficiary as much of the netincome and principal of the trust as my fiduciary may deem appropriate for the beneficiBJ)"g proper health, support, maintenance. and education. The princip~andall acc.umulated income of the trust shall be distributed to such beneficiary when he attains the age of twenty-one (21), when he is no longer under a legal disability, or when, in the opinion of my fiduciary,. he is able to properly manage his affairs, whichever later occurs. If such beneficiary shall sooner die, the principal and all accumulated income shall be distributed to his estate. NotwithstancIing the foregoing, my fiduciary may, in his discretion. distribute the property directly to such beneficiary, to a legal guardian) to a custodian under a Uniform TransferS to Minors Act, or toacustoqian und~r a Uniform Custodial Trust Act, for such beneficiary if, in my fiduciary's sole judgment> r~tainingthe property in trust would not be in the best interests of such beneficiary. The signed receipt of ~llcl1. 1"!eneficiary or of such guardian or CUStodian shall cOtlStitu.te.aJull release of my fiduciary with respect to such distribution. (b) Nonexercise of Power of Appointment. None of the provisions of this Will shall be construed as being in any way an exercise of any power of appointment of any kind which I may possess at the time of my death, whether now existing or hereafter created. (c) Singular and Masculine Usage. The use of any masculine or feminine gender in this instrument shall be interpreted to refer to singular or plural,masculine or feminine, as the case may be, l.l1l1ess. the context requires otherwise. (d) Adopted Children. Every legally.adopted child of any person designated or described in this in~tnnnentandevery deseel1dant, by blood or adoption, of such adopted child has the same status under this instrument asifiheadopted child were the blood child of its adoptive parents with respect to rights to receive property and benefits while living and with respect to the passing of interests on the death of such adopted child or descendant; and the words "children,1/ "issue," "descendants," and other words and phrases of similar importare to be so construed. LAW O.....'CI. ::>NES, KING" DOWN_, ".c. 6. Powers of Executor. My EX~;Llt()r, in the ~'<ercise. of hisdispretion and without prior court authorization or approval, shall have the following pOWers, in addition to all other powers granted under ~64.1-5.7ofthe Code of Virginia as in effect at thetiIl1e dfmy death; at any time or times to sell, lease (fOf any term), pledge, mortgage, exchange, or otherwise dispose of any or all of my real and/or personal property, either public.Jy or privately, upon and for such terms and conditions as my Executor deems best; to retain and/or to invest and reinvest all or any portion of my estate in accordance with his judgment, not being limited by any present or future investment law~ to borrow ~b~ -2- money from any source, for any purpose whatsoever, with or without security, and on such tenns and conditions as he deems advisable; to settle, compromise, contest, arbitrate, mediate, abandon, and adjust any and all claims in favor ofor.agaillst my estate; to make advance partial distributions in cash orin kindfTom myesta.te tOaIlY legatee or legatees hel'eunder;and to exercise aU tax-related elections, bptions. andchClices which he deems advisable. 7. Waiver of Inventory and Court Accounting. My Executor shall not be required to file any inventory, or appraisal, or any annual accounts or othel'returns or reports to any court, but shall furnish a statement of receipts and disbursements at least annually to each person then entitled to any interest in my estate. 8. Appointment of Executor. I nominate, constitute, and appoint Thomas K. Shumate, Executor under this my Last Will and Testament. In theeventThptnasK.$hum~te sha.11precieceaseme,orshaIlfailto qualify, die, resign, orce.aseto act for anYreaspn,.ln91Ilimlte and appoiptSusanne S. Shumate to serve as my Executor. The fiduciary serving hereunder shall have the right to nominate and appoint an individual, a professional corporation, ora bank or trust company to serve as an additional or a successor fiduciary> including a resident co-fiduciary if such be necessary . Such appointment shall be by written instrument duly signed, acknowledged before a notary public, and filed with the records of administration. Such instrument may be changed in like manner by the person making the same before it takes effect, need not take effect immediately, and may be contingent upon the occurrence or nonoccurrence of any event. No one named or appointed as herein provided to senre as my fiduciary, including a resident co-fiduciary, shall be required to give any bond or other security for the faithful performance of their duties. IN WITNESS WHEREOF, 1 have hereunto set my hand to this Will consisting of 3 pages, each initialed by me, this 9 . day of. 7J(.(~1 ' 2000. 41~~4'~~ Dora J. Shate LAWO""'JCEa ONEil, KING. DOWl'\jlJ. ...C. -3,. SIGNE~, i'l,)J:\LIS\f!ID,AND P1>CLA,RED by ~oraJ,$humate,lM TestalQr above named, \ asan.d.for her LastWIllMd TestatneJit,$.OUf.presence, and we at her. request, in her presence, and \ in the presence of each other, have hereunto subscribed out names as witnesses on the day and year last above mentioned. ~"oo ~~"~ol.~. residing at (LJAjJ IN residing at ~J~ j;.f , r/l/' I ....."" C>trl',cce )NEB. KING" 00WN5, ...C. I . LAW O,'IC.ES NES, KING a DOWN_. P.c. COMMONWEALiB.OF VIRGINIA CITY OF BRISTOL r}l; Befi.o.re. .1l1~he undersignedau.thority, this day perso.nan appeared D. ora J., Shumate. I . mef' A. .;:) Ones rJY , and .r Jc. knO\l.t'!l to me to be the Testator and the witnesses. respectively. VI osenames signed.to the attached or foregoing instrument; and all of these persons being by me first duly sworn, Doral. Shumate, the Testator, declared to me and to the witnesses in ItlY presence that. said instrument is her Last Will and Testament; and that she had willingly signed or directed another to sign the same for her; and executed hin the presence of said witnesses as her free and voluntary actJo! the purposes therein I expressed; that said witnesses stated before me that the foregoing Will was executed and I acknowledged by the Testator as herLastWilland Testament in the presence of said witnesses who, \ in her. presence and at her request, and in the presence of each other, did subscribe their names thereto as attestmg.witnessesonthedayofthe date of said WiU, and tbatthe Testator, at the time of the execution of said Will, wa.s overtheag~ ofeighteell(18) years and of sound and disposing mind and memory. fl~4/j,tiu~~ Dora J, Sh .. te );!t~~ Witness ...... ~,~ P1- iho-t Witness . "f (Scal) Subscribed~ sworn, and acknowledged before me by Dora J. Shumate, the Testator. l ribed andswom before me by .'I!lJ;e,.r If. .1fflt5 JV and' t> ' ~. , witnesses, this .. . day of /fJa..i~ . ,2000. R~~ ~. ~ Notary Public My commission expires I;), - L 3/- 00