Will - McDevitt, Stephen G_5/23/2013 ( rJ: .3• TRUE Min COMPLETE
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LAST WILL AND TESTAMENT
Fat 2 21113
OF
G\rcultG j
p°rt STEPHEN GREGORY McDEVITT
Clerk Gibspn
I, STEPHEN GREGORY McDEVITT, of Daviess County, Kentucky, being of
sound mind and disposing memory, do hereby make, publish and declare this to be my Last Will
and Testament, hereby revoking any and all other Wills by me at any time made.
ARTICLE I
I hereby direct that all of my just debts and funeral expenses be paid out of my
estate as soon after my death as is practicable, except as to any real estate subject to lien I
specifically direct be devised hereunder subject to said lien.
ARTICLE II
I hereby will, devise, and bequeath all of the rest, residue and remainder of my
estate, of whatsoever kind or character, whether real or personal or mixed and wheresoever
situated, which I may have the right to dispose of at the time of my death, as follows:
(a) To DELORES JEANETTE McDEVITT, my spouse, absolutely and in fee
simple, without reservation or restriction;
(b) Provided, however, should my spouse predecease me, or should we die
simultaneously, then and in either event the residue of my estate shall then pass and vest in our
children, namely, Jamie Jeanette McDevitt Walter, my daughter; Sean Stephen McDevitt, my
son; and Scott Gregory McDevitt, my son, equally, share and share alike, absolutely and in fee
, FILhp
MAY A1Y 2'2 2013
GIBSON COUNTY AUDITOR
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simple, without reservation or restriction;
(c) Provided, however, that should any child of mine predecease me, but leave
issue surviving me, said issue shall take per stirpes; •
(d) Provided, however, that should any child of mine predecease me and leave no
issue surviving, said deceased child's share shall pass to my other children, equally, without
reservation or restriction.
(e) Notwithstanding anything set forth above to the contrary, if any beneficiary
hereunder be under 25 years of age at the time of my death, then that beneficiary's share shall be
held in trust pursuant to Article "III" hereafter.
ARTICLE III
If under Article "II" hereinabove reference is made to this Article, the following
provisions shall apply;
(a) The following sequence of Trustees are named, each to serve without
surety on Trustee's bond, except to the extent required by law and each.to serve only if the
Trustee so named preceding, predeceases me or declines for any reason to qualify and act as
Trustee, or dies or resigns prior to the completion of the administration of my estate:
(1) First - Scott Gregory McDevitt, my son;
to (2) Second - Jamie Jeanette McDevitt Walter, my daughter;
2 103 (3) Third - Sean Stephen McDevitt, my son.
Ft3 (2)0+-11-` eiglit I hereby grant to the Trustee the continuing, absolute, discretionary power
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1ecto deal with any property, real or personal, being a part of my estate, as freely as I might in the
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handling of my own affairs. Such power can be exercised independently without the prior or
subsequent approval of any court or judicial authority, and no person dealing with the Trustee
shall be required to inquire into the propriety of any of Trustee's actions. Without in any way
limiting the generality of the foregoing, I hereby grant to said Trustee hereunder, all of the
powers and authorities specifically allowed under KRS Chapter 386, the specific right to sell,
exchange, assign, transfer and convey any security or property, real or personal, being a part of
my estate, ai public or private sale, at such time and price, and upon such tetras and conditions,
including credit, as the Trustee may determine, and further the power to continue to operate any
going business previously conducted by me, including all matters required thereof, including, but
not limited to, the ability to borrow money, and to pledge and mortgage assets in regard thereto.
(c) The Trustee shall pay to or use for the benefit of each beneficiary whose
share of my estate is to be held in trust, so much of the net income and principal from his or her
portion of said Trust estate as may be considered by said Trustee to be needed by said beneficiary
for maintenance, support, medical care and education, and payment or payments so made shall
not be questioned by any person whomever. When a beneficiary hereunder attains the age of 21,
the Trustee shall distribute to said beneficiary one-half of the amount held in trust at that time for
that particular beneficiary absolutely and in fee simple. When a beneficiary hereunder attains the
age of 25, the Trustee shall then distribute to said beneficiary all remaining funds and property
then held herein on behalf of said beneficiary, absolutely and in fee simple.
S..uld any beneficiary of this trust die before reaching age 25, then the portion of
s - on behalf of such deceased beneficiary shall pass to the remaining
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beneficiaries hereunder, equally, to be continued to be held in trust upon the same terms set forth
herein.
The right of any beneficiary to receive income or principal hereunder shall not be
alienable byithe beneficiary nor subject to alienation by operation of law or legal process. I]
ARTICLE IV
The following sequence of Personal Representatives of my estate are named, each
to serve without bond and each to serve if the Personal Representative so named preceding
predeceases me, or declines for any reason to qualify and act as Personal Representative or dies
or resigns prior to completion of the administration of my estate:
(a) First -DELORES JEANETTE McDEVITT, my spouse;
(b) Second - Scott Gregory McDevitt, my son;
(c) Third - Jamie Jeanette McDevitt Walter, my daughter; f in
(d) Fourth - Sean Stephen McDevitt, my son. FEB 1 2
ARTICLE V J e -,-<-4 I
Clerk Gibson Circuit Court tt
The Personal Representatives named herein, and their successors in office, in
addition to the powers given them under the law of Kentucky, shall have full power and authority
to pay debts; costs of administration, inheritance and estate tax liability, or any other obligation
for which my estate may be chargeable, to sell and dispose of any and all of my estate, whether
real or personal, for such price and upon such terms of credit and in such manner as said Personal
Representatives may deem best, and to execute and deliver unto the purchaser all necessary and
proper deeds or any other instruments of conveyance and transfer therefor. The Personal
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Representatives shall further have the power to continue to operate any going business
previously conducted by me, including all matters required thereof, including, but not limited to,
the ability to borrow money, and to pledge and mortgage assets in regard thereto.
Further, the Personal Representatives of my estate shall have the discretion of
distributing income during the administration to the corpus beneficiary or beneficiaries,
whichever the case might be.
IN TESTIMONY WHEREOF, I have subscribed my name and have requested
Linda Coomes and Carrie Moths to sign as witnesses to my signature, this the *day of
May, 2001.
I ,
//
S EPHEN GRE("SR McD VITT
The foregoing instrument was signed, published, declared and acknowledged by
STEPHEN GREGORY McDEVITT as his Last Will; and at his request, in his presence and in
the presence of each other we therefore subscribe our names as attesting witnesses on this the
day of May, 2001.
n � 209 West Fourth Street
Omi
of Owensboro, Kentucky 42303-4134
arrie Moths
209 West Fourth Street
% of Owensboro, Kentucky 42303-4134
Lind. Coonies
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STATE OF KENTUCKY )
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COUNTY OF DAVIESS )
Before me, the undersigned authority on this day personally appeared STEPHEN
GREGORY!McDEVITT, Carrie Morris and Linda Coomes, whose names are subscribed to the
annexed or foregoing instrument in their respective capacities, and, all of said persons being by
me first duly, sworn, said STEPHEN GREGORY McDEVITT, Testator, declared to me and to
said witnesses in my presence that this instrument is his Last Will and Testament, and that he
executed same as such and wanted each of them to sign it as a witness; and upon their oaths each
witness stated further that they did sign the same as witnesses in the presence of the said Testator
and at his request and that said Testator was at that time eighteen (18) years of age or over and
was of sound mind.
S/T�E-HEN 'IT GO'Y cDEVITT
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SUBSCRIBED AND SWORN to before me by the sai. .TEPHEN GREGORY
McDEVITT, Testator, and subscribed and sworn to before me by -e said Carrie Morris and
Linda Coomes, witnesses, this the 2.24E,day of May, 2001.
//I
Notary P b \c
My Comm. Expires: ill— 02065
PREPARED BY:
THACKER,;BICKEL, HODSKINS
& THACKER, L. .P.
209 West Fd .street
P. 0. Box 3!
Owensb• o,!K-' ck)/ 42302-0039
By: ///,/�vA'
Ed Hod .ins
F:\USERS1LLCtmay01N1cDe\i¢Stephen Will.upd
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