Court Order - Rogers, James_7/9/2007� � � �... • ; ' � i: �: _.. _ . . ..'%.: ..
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l' ' 1�" �� LAST WII.,L AND TESTAMENT OF
� JUL ' 9 2007 JAMES E. ROGERS
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NOV 1 7 2U05 D
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CLERK
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G�gSON P j sh and d�ec arehis to bee�d Laof`P'I'ea d Tes ament herebytrevok ng anyyand all
former Wills and Codicils heretofore made by me.
ITEit•1 I
I direct my Personal Representative, hereinafter named, to pay out of the assets of
my estate all of my lawfui debts, expenses of last illness and funeral expenses as soon as
may be practicable after my death.
ITEivI II
I give, devise and bequeath unto my wife, Willa Ruth Rogers, the real estate
located at 10865 Locust Street, Cynthiana, Indiana, for the rerm of her life. Upon my
wife's death, the remainder interest shall pass to my children, Robert �fac Rogers; Nancy
Lee Hurst; Sandra Weiss; Ted E. Rogers; Pamela Ellen Junker; and Patsy Tulley.
ITEM III
I give, devise and bequeath unto my children, Roben Mac Rogers; Nancy Lee
Hurst; Sandra Weiss; Ted E. Rogers; Pamela Ellen Junker; and Patsy Tulley, the family
farm consisting of some one hundred fifteen (1 IS) acres, if it is included in my estate, to
be kept intact and that my children can benefit equally from the continued operation of
the farm; however, the fum rent is to be paid to my wife, Willa Ruth Rogers, should she
survive me, for three (3) years after my death. Otherwise, I impose no condition upon
Robert Mac Rogers; Nancy Lee Hurst; Sandra �Veiss; Ted E. Rogers; Pamela Ellen
Junker; and Patsy Tulley's ownership of the farm, and they may use or dispose of it as
they see fit. In the event they should desire to sell the real estate, then the proceeds from
such sale shal( be divided equally between my children, Robert Mac Rogers; Nancy Lee
Hurst; Sandra �Veiss; Ted E. Rogers; Pamela Eilen Junker; and Patsy Tulley.
ITEi�i IV
If my wife fails to survive me, then I give, devise and bequeath to my son, Robert
b4. Rogers, and my daughter, Patsy Tulley, equally, the Contract for Conditional Sale of
Real Estate between James E. Rogers and «'illa Ruth Rogers, husband and wife,
VEtiiDOR, and Steven M. A4orris and Kristi Lyn Morris, husband and wife,
PURCHASER, which property is located at 10211 Evansville Street, Cynthiana, Indiana,
share and share alike.
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ITEM V
If my wife fails to survive me, then I give, devise and bequeath to Sandra Weiss
and Pamela Ellen Junker, equally, the Contract for Conditional Sale of Real Estate
between James E. Rogers and Willa Ruth Rogers, husband and wife, VENDOR, and
Bryan Floyd and Ashley Seaton, as joint tenants, PURCHASER, which property is
located at ]0416 �Vhiting Street, Cynthiana, Indiana, share and share alike.
ITEM VI
If my wife fails to survive me, then I give, devise and bequeath to my six
children, Robert A4ac Rogers; Ivancy Lee Hurst; Sandra VVeiss; Ted E. Rogers; Pamela
Ellen JurLker; and Patsy Tulley, the residue of my es�ate oi whatsoever nature or kind and
wheresoever situate, in equal shares, share and share alike. It is my desire and hope that
the family farm consisting of some one hundred fifteen (115) acres, if it is included in my
estate, be kept intact and that my children can benefit equally from the continued
operation of the farm; however, I impose no condition upon their ownership of the farm,
and they may use or dispose of it as they see fit. In the event they should desire to sell
the real estate, then the proceeds from such sale shall be divided equally between my
children.
ITE14 VII
At the date of the execution of this �Vill I have six children, namely;
Robert �4ac Rogers
Nancy Lee Hurst
Sandra �Veiss
Ted E. Rogers
Pamela Ellen Junker
Patsy Tulley
�II
If my wife fails to survive me, then I give, devise and bequeath to my six
children, Robert Mac Rogers; Nancy Lee Hurst; Sandra Weiss; Ted E. Rogers; Pamela
Ellen Junker; and Patsy Tulley, the residue of my estate of whatsoever nature or kind and
wheresoever situate, in equal shares, share and share alike.
IX
My wife and I plan to execute similar Wills, but we are in agr ement that neither
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she nor I aze under any ob(igation to execute any such Will, and the two Wills, if
executed, or either of them, shall not be mutual or reciprocal, and each of us shall be free
at all times to change his or her will. _
X
In the event my wife and I shall die under circumstances so that it shall be
impossible to determine who shall have died first, then it shall be presumed conclusively
for the purposes o£this Will that my wife shall have survived me.
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I hereby nominate, constitute and appoint my wife, �Yilla Ruth Rogers, and my
daughter, Sandra ��'eiss, as Co-Executrizes of this, my last �Viil and iestament. It is my
intention that the requirement of any bond to be provided by my Co-Executrixes be
dispensed with or fixed at a minimum amount, and in the event any such bond is
required, such bond shall be only for the benefit of creditors and taxing authorities.
XII
I hereby authorize the Co-Executrixes of my estate to do all things which they
may determine desirable or expedient for the advantageous control of my estate without
court authorization, direction, confirmation or approval, and in the exercise of such
authority, such Co-Executrixes shall have the right and power ro sell, convey or
exchange, without court intervention, authority or approval, real or personal property of
my estate, and any sale or exchange of property may be accomplished publicly or
privately, with or without notice, and without formal appraisal, provided that valuation of
any asset shall have been determined by standard appraisal methods in use in the
community at the time, for cash, or on such terms and conditions as such Co-Executrixes
consider proper, without being required to repoR such action to court or to obtain court
confirmation thereof, and no person purchasing property shall be required ro see to the
proper application of the proceeds of such sale by such Co-Executrixes.
IN�VIT\'ESS �VI�REOF, I, James E. Rogers, have hereunto set my hand and
seal to this my Last Will and Testament, consisting ef four t}�pewritten pages, including
this page, at Princeton, Indiana, this / U day of 1
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' Under the penalty for perjury, we, James E. Rogers, C. Dean Higginbotham, and
Cheri D. Page, the Testator and the Witnesses, respectively, whose names are signed to
the foregoing instrument, declare:
1. That the Testator executed said instrument as his Will;
2. That in the presence of both VVitnesses, the Testator signed said Will and
acknowledged his signature thereto;
3. The Testaror executed said VVill as his free and voluntary act for the purposes
expressed in it;
4. That each of the �Vitnesses in the presence of the Testator, at his request and
in the presence of each other signed the Will as �Yitnesses thereto;
5. That ihe Testator was of sound mind; and
6. That the Testator was, at the time, over 18 years of age.
DATED this ,�1� day of _�� 2005.
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