Court Order - Gilley, James_2/1/2000�� � • EXHIBIT "A"
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I, JAMES W. GILLEY of Evergreen Park, Illinois, being of sound and
disposing mind, make this my will and revoke all prior wills and codicils.
FIRST: My executor shall pay from the residue of my estate all expenses of
my last illness and funeral, costs of administration including ancillary, costs
of safeguarding and delivering legacies, other proper charges against my
estate, and estate and inheritance taxes assessed by reason of my death, except
that the amount, if any, by which the estate and inheritance taxes shall be
increased as a result of the inclusion of property in which I may have a power
of appointment shall be paid by the person holding or receiving that property,
Interest and penalties concerning any tax shall be paid and charged in the same
manner as the tax, I waive for my estate all rights of reimbursement for any
payments made pursuant to this article.
Afy executor's selection of assets to be sold to make the foregoing payments
or to satisfy any pecuniary legacies, and the tax effects thereof, shall not be
subject to question by any beneficiary.
My executor shall make such elections under the tax laws which are
operative at the time of my death, as my executor deems advisable, without
regard to the relative interests of the beneficiaries. No adjustment shall be
made between principal and income or in the relative interests of the
beneficiaries to compensate for the effect of elections under the tax laws made
by my executor.
SECOND: I am a widower and have not remarried. I have one child now
living, namely: SUE CAR!1L GILLEY, herein referred to as "my daughter",
THIRD: I give all my personal effects, and collections, and any insurance
policies thereon to my daughter if she survives me by 30 days, otherwise to her
children, who so survive me, otherwise to the residue of my estate.
FOURTH: I give all furniture, household effects, appliances, and
furnishings to my daughter if she survives me by 30 days, otherwise to her
children who so survive me, otherwise to the residue of my estate.
FIFI'H: All the residue of my estate, wherever situated, including lapsed
legacies, but expressly excluding any property over which I may have a power of
appointment at my death, I give to my daughter if she survives me by 30 days,
otherwise to her children who so survive me. If neither my daughter nor her
children survive me by 30 days, I give the residue of my estate to my niece,
DAWN A. MINOR. If a descendant is a minor, payment may be made for the benefit
of the descendant to a custodian under a Uniform Gifts to Minors Act.
SIRTH: I appoint my daughter, SUE CAROL GILLEY as executor of this will.
If for any reason she is unable or refuses to act as executor, I name my niece,
DAWN A. MINOR as successor executor.
I give to my executor power to invest in bonds, stocks, notes, bank
deposits, shares of registered investment companies, or other property, lease,
borrow with or without security from any lender, sell or exchange all or any
part of my estate,'real or personal, for such prices and upon such terms as my
executor deems proper; to compromise, contest, prosecute or abandon claims in
favor of or against my estate; to distribute income and principal in cash or in
kind, or partly in each and to allocate or distribute undivided interests or
different assets or disproportionate interests in assets (and no adjustment
shall be made to compensate for a disproportionate allocation of unrealized
gain for federal income tax purposes), and to value my estate in order to make
allocation or distribution, and no action taken by my executor pursuant to this
power shall be subject to question by any beneficiary; to deal with the
fiduciary of any trust or estate in which any beneficiary under this will has
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an interest, though an executor hereunder is such fiduciary; and to execute and
deliver necessary instruments and give full receipts and discharges. The
foregoing powers shall be exercised by my executor without authorization by any
court and, as to property subject to adminstration outside the state of my
domicile, only with the approval of my domiciliary executor, No bond or
security shall be required of any executor wherever acting. If permitted by
law and if not inconsistent with the best interests of the beneficiaries as
determined by my executor, the administration of my estate shall be independent
of the supervision of any court.
SEVENTH: I own a burial plot in Oak Hill Cemetery, Winslow, Indiana, and
request that my executor see to my burial alongside by deceased wife, Enita
Gilley, in this cemetery.
IN WITNESS WHERFAF, I have signed this will, consisting of three (3) pages,
the following page included, and for the purpose of identification, have placed
19tflitials at the foot of each preceding page, this 3�r'day of��f'%GMI?��
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� JMfES W. GILLEY
We certify that the above instrument.was on the date thereof signed and
declared by JA1�tES W. GILLEY as his will in our presence and that we, at his
request and in his presence and in the presence of each other, have signed our
names as witnesses thzreto, believing JAMES W. GILLEY to be of sound mind and
memory at the time of signing.
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STATE"OF ILLINOIS
� CAUNTY OF COOK
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� We, the,undersigned, being the testator and the witnesses, respectively,
whose names are signed to the foregoing instrument, and being first duly sworn,
do hereby declare to the undersigned avthority that the testator, in the
- presence of witnesses, signed the instrument as his last will and that he
' signed willingly; and that each of the witnesses, in the presence of the
testator and in the presence of each other, signed the will as a witness and
- that to the best of his or her knowledge, the testator was at that time of
legal age, of sound mind, and under no constraint or undue influence.
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TESTAT'OR
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WI/fNESS
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WITNESS
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Signed and sworn to before me by JM1FS W. GILLEY the testator, and by each
of the above witnesses, this,3 s-,Q day a£��_�,,��, 19 �� .
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Aty Ccmmiuicn Ezpires Sept. f� 3 9�:-
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