Court Order - Gaston, Edna L_7/29/1996. . . . �.�:.e.e., �-c�.�� A K - -
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�uD�(OR EDNA L. GASTON
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I, EDNA L. GASTON, a resident of Gibson County, State of
Indiana, being over the age of eighteen (18) years, of sound and
disposing mind, memory and understanding, do hereby make, publish
and declare this instrument to be my Last Will and Testament,
hereby expressly revoking all prior Wills and Codicils to wills
by me made.
ITEM i: I hereby direct my personal
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representative to pay all of my legal obligations, all,expenses
of my last illness, all funeral and burial expenses and all
expenses of the administration of my estate as soon as can be
conveniently done after my death.
ITEM II: I give, devise and bequeath to
my daughter, Karen L. King, all of my right, title and interest
in and to the real estate which I own located in Bradenton,
Florida.
If my said daughter should
predecease me, then I give, devise and bequeath said real estate
to her issue, per stiroPS.
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ITEM III: After the satisfaction of Item
I and iI above, I give, devise and bequeath all tY�e rest, residue
and remainder of my property, real, personal, intangible and
mixed, of every kind, character and description and wheresoever
situated which I may own or have the right to dispose of at the
time of my death to my Husband, Dale F. Gaston, absolutely and in
fee simple.
�ITEM IV: In the event that my Husband,
Dale F. Gaston, should predecease me, then all the rest, residue
and remainder of my property, real, personal, intangible and
mixed, of every kind, character and description and wheresoever
situate, which I may own or have the right to dispose of at the
time of my death, I give, devise and bequeath equally to my three
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LAST ��ILL AND TESTAMENT OF EDNA L. GASTON
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(3) children, namely: Karen L: King, Jimmie D. Gaston and David
L. Gaston, share and share alike, the issue of a deceased child
to take the share of the deceased parent, �er stirpes.
ITEM V: In the event that, at the time
of my death, I am the joint owner, co-owner, or owner of any real
estate, of a motor vehicle, of a bank account, or a government
bond, or of any securities or instruments of indebtedness, or
annuities, stocks or bonds, whether issued by a bank, savings and
loan association, private corporation, public corporation, by a
government or governmental agency, or by an individual, which is
registered or issued in my name and that of another person or
persons as tenants by the entirety or joint tenants with the
right of survivorship, or which is shown in writing to be payable
to either the co-owner or named survivor or beneficiary, or which
in any way appears to be payable to either the co-owner or named
survivor on my death, I give, devise and bequeath, absolutely and
forever, all my right, title and interest in any such real
estate, bank account, government bond, security or instrument of
indebtedness, annuity, stocks or bonds to the surviving joint
owner or co-owner thereof, or to the one apparently entitled
thereto upon my death. It is my understanding that my right,
title or interest in any such real estate, motor vehicle, bank
account, government bond, security, or instrument of
indebtedness, will, by operation of law upon my death, vest in or
pass to such surviving joint owner or co-owner thereof or other
survivor apparently entitled thereto. Nevertheless, I make these
provisions in this Item V in order to eliminate any doubt or
question as to the right of any such surviving joint owner or
co-owner or person to succeed to the full position of ownership
of such real estate, bank account, government bond, security, or
instrument of indebtedness upon my death, and to provide for the
possible contingency of an ineffective attempt to create a joint
tenancy or estate by the entirety.
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LAST WILL AND TESTAMENT OF EDNA L. GASTON
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ITEM VI: In the event that any
beneficiary under this Will and I or any other person upon whose
death the rights of such beneficiary depend shall both die as a
result of a common disaster or under any other circumstances that
the order of death cannot be established by evidence, then, I
direct that for the purposes of this Will such beneficiary shall
be deemed to have predeceased me.
ITEM VII: I hereby nominate, constitute
and appoint my Husband, Dale F. Gaston, Executor of this my Last
Will and Testament and do hereby request and desire that he be
permitted to serve without bond, if possible, and if this is not
possible, that such bond be fixed at the lowest amount deemed
adequate for the protection of creditors and taxing authorities
by the Court having jurisdiction over my estate.
In the event that my Husband,
Dale F. Gaston, resigns or is unable to act as Executor, then I
nominate, constitute and appoint my son, David L. Gaston,
Executor of this my Last Will and Testament under the same terms
and conditions.
ITEM VIII: I hereby authorize my Executor
to do any and all things which in his opinion are necessary to
complete the administration and settlement of my estate,
including full right, power and authority, without the order of
any court and upon such terms and under such conditions as to my
said Executor shall deem best for the proper settlement of my
estate, to bargain, sell at public or private sale, convey,
transfer, deed, mortgage, lease, exchange, pledge, manage and
deal with any and all property belonging to my estate, to
compromise, settle, adjust, release and discharge any and all
obligations or claims in favor of or against my estate, and to
borrow money for the payment of inheritance and estate taxes or
for any other purpose. Without in any way limiting the scope of
the powers enumerated herein of my Executor, I hereby
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LAST WILL AND TESTAMENT OF EDNA L. GASTON
specifically give to him full power to retain any and all
securities or property owned by me at the time of my decease
whenever, in his absolute and uncontrolled discretion, such a
course shall seem to him to be best, without liability for
depreciation or loss, and free from investment restriction
incident to trusteeship or executorship, whether imposed by
common law or statute. in the execution of his duties and powers
as Executor he shall have the power to comply with all legal
requirements as to the execution and delivery of deeds and all
other writings, documents, or formalities without the order of
any Court.
The powers, discretions, and
authority given to my Executor throughout this Will shall
likewise vest in my personal representative, whoever it might be.
ITEM IX: My Husband, Dale F. Gaston, is
executing a Will near the date of this Will if not on this date
and containing very similar if not identical terms and
provisions, but this Will and his Will are not made pursuant to
any agreement to make mutual or reciprocal wills or to keep this
Will and his Will in effect and I hereby acknowledge that said
Dale F. Gaston has the right to change or revoke his Will as he
pleases either before or after my death and as Testatrix herein I
do not consider myself under any obligation not to revoke or
change this Will at any time I may choose.
IN WITNESS WHEREOF, I have
hereunto set my hand and seal at Princeton, Gibson County, State
of Indiana, to this my Last Will and Testament on the �� day
of , 1991.
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��1� wA'• U/�` �-�- (sEAL)
EDNA L. GASTON
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LAST WILL AND TESTAMENT OF EDNA L. GASTON
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The foregoing Will consisting
of five (5) pages was on the date thereof signed, sealed,
published and declared as and for her Last Will and Testament by
EDNA L. GASTON, the above named Testatrix, in the presence of the
undersigned, who, at her request and in her presence and in the
presence of each other, hav hereunto si ned our names as
attesting witnesses this the � day of , 1991
and we do further declare that said Testatr'c i of sound and
disposing mind and memory.
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CHARLE R. NIXON �
/ 1 CIL�K.C,C� 71 • � (�/ ��C iYJ�c.- �
NANCY , NIXO
ccL Q , �%Y]c �QQ/�c
GEOR IA A. McELLHINEY
Princeton , Indiana
Princeton , Indiana
Princeton , Indiana
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PROOF OF WILL
UNDER THE PENALTIES FOR PERJURY� WE, THE UNDERSIGNED
TESTATRIX, EDNA L. GASTON, AND THE UNDERSIGNED WITNESSES, CHARLES
R. NIXON, NANCY K. NIXON and GEORGIA A. McELLHINEY, THE TESTATRIX
AND THE WITNESSES, RESPECTIVELY, WHOSE NAMES ARE SIGNED TO THE
ATTACHED AND FOREGOING INSTRUMENT, DECLARE AS FOLLOWS:
1. That the Testatrix executed the instrument as and
signified the same to be her Will;
2. That, in the presence of all witnesses, the Testatrix
signed the instrument;
3. That the Testatrix executed the Will as her free and
voluntary act for the purposes expressed in it;
4. That each of the witnesses, in the presence of the
Testatrix and in the presence of each other, signed the Will as a
witness;
5. That to the best of the undersigned's knowledge, the
Testatrix was of sound mind; and
6. That to the best of the undersigned's knowledge, the
Testatrix was at the time 18 or more years of age.
DATED THIS �_ DAY OF , 1991.
�6�GG/ d ' �GLn�l�1�
EDNA L. GASTON, TESTATRIX
CHARLES R. NIXON, WITNESS
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NANCY K. IXON, WITNESS
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GEORGI A. McELLHINEY, WITNE S