- Zehner, Darwin_4/14/2020 82D04-1910-EM-000579 Filed:10116)20 912:22 PM
Clerk
Vanderburgh Superior Court 4 'Vanderburgh Cou ty,Indiana
202000001538
FILED FOR RECORD IN
`-' GIBSON COUNTY, INDIANA
omme " TONYA THOMPSON, RECORDER
04/13/2020 02:11 PM
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• OF
DARWIN BERL ZEMNER
I, Darwin Berl Zehner, of Gibson County, Indiana, hereby
revoke all wills and codicils heretofore made by me, and now
publish and declare this to be my Last Will and Testament.
ITEM I
Personal Representatives
I designate my daughters, Ann Zehner Angle and Cinda Zehner
O'Connor, the co-personal representatives of my estate. I request
that my said co-personal representatives be permitted to serve
without a bond or with a bond in the smallest amount allowable.
In the event either of them fails to qualify or ceases to serve
• as personal representative, the remaining individual shall serve
as the sole personal representative of my estate.
ITEM II
Settlement Costs
I direct that the expenses of the administration of my
estate, claims duly allowed against my estate, and all death
' taxes levied or assessed against my estate, against the
beneficiaries under this Will, or against any person by reason of
the ownership of property included in my estate for tax purposes,
be paid, or provision made therefor, out of the residue of my
estate and not charged against any particular beneficiary,
(including, but not limited to, any joint owner, any insurance
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beneficiary, or any other owner of property included in my estate
for tax purposes) , other than the beneficiaries of the residue of
•
my estate.
ITEM III
Specific Legacies
I devise all my tangible personal property including, but
not limited to, my jewelry, clothing, objects of art, personal
effects, household goods and furnishings, and automobiles to be
divided equally between my daughters, Ann Zehner Angle and
Cinda Zehner O'Connor.
ITEM IV
Residue
I devise the rest, residue and remainder of my estate to be
divided equally between my daughters, Ann Zehner Angle and
Cinda Zehner O'Connor, in shares of substantial equal value. In the
event any child of mine shall predecease me, their share shall
pass to their issue per stirpes.
ITEM V
Powers of Personal Representative
In extension of and not in limitation .of the powers given by
law, my personal representative shall have all powers granted to
trustees under the laws of the State of Indiana' and the following
powers with respect to the property of my estate to be exercised
in -the discretion of my personal representative without prior
authorization or subsequent approval of any court. All powers
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P. 2.
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and discretions bestowed on my personal representative herein may
be exercised by any joint, alternate or successor personal
representative.
To sell, exchange, transfer, convey, lease, mortgage or
otherwise encumber and deal in any other manner, with the
property of my estate, real and personal, tangible and
intangible, for such periods, including periods extending beyond
the term of the administration of my estate, and upon such terms
and conditions, including terms of credit, as my personal
representative may determine . to be necessary or advisable; to
• give options therefor; to perform any contract made by me and
binding upon my estate, including contracts to convey or to lease
real estate; and to execute all documents and instruments
necessary or incidental to the exercise Of the foregoing powers.
To borrow money from my personal representative or from
others as my personal representative may determine to be
necessary or advisable in connection with the payment of debts,
claims, administration expenses and taxes or in connection with
the exercise of options owned by me at my death to acquire
property. Such loans may be obtained on the security of the
properties of my estate which, in such event, may be distributed
to the beneficiaries under this Will subject to such loans.
If any distributee under this instrument is incompetent at
the time the personal representative is prepared to make any
distribution under this instrument, my personal representative
may pay, transfer, or assign upon receiving receipt for the same
from any one or more of the following:
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(a) to the guardian of the person or of the property of
such beneficiary;
r
(b) to a relative of such beneficiary upon the agreement of
such relative to expend such distribution solely for
the benefit of the beneficiary;
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(c) by expending such distribution directly for the
education, maintenance or welfare of such beneficiary,
including payments or maintenance to any adult with
whom such beneficiary may be living;
without further responsibility, and the distributees receipt
shall be sufficient discharge to my personal representative.
My personal representative shall have the power to determine
Whether a beneficiary is incapacitated, and such determination
shall be conclusive.
• IN WITNESS WHEREOF, I have subscribed my name to this, my
Last Will and Testament, consisting of six (6) typewritten pages,
affixing my initials to each of said pages for better
identification, and I have this day called upon
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and ,
as witnesses to the same at Bloomington, Indiana, this day
of 417)CGG[.4, , 1987.
/4144,04411 t...&.e..1.„/
Darwin Berl Zoehner
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The foregoing instrument was signed, sealed and acknowledged
by the above-named Darwin Berl Zehner, as and for his Last Will
and Testament, in our presence, and we, at his request, in his
presence, and in the presence of each other, have subscribed our
names as witnesses thereto this :'p/Ij day of `/ J )1214/I
1987.
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0-1 residing at ,alto?
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residing at (30(p 1204UhAil CuLcip
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residing at
Should the laws of the State of Indiana permit, I desire
that this be a self-proved Will; therefore, I ask the witnesses
to my Will to join me in the execution of the following
statement:
Under penalties for perjury, we, Darwin Berl Zehner,
?rpte ,voi J3( A g&. A ti and
, the testator and the witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare:
(1) that- the testator executed the instrument as his Will;
(2) that in the presence of all witnesses, he signed or
acknowledged his signature already made or directed
another to sign for him in his presence;
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(3) that he executed the Will as his free and voluntary act
for the ,purposes expressed in it;
(4) that each of the witnesses, in the presence of the
testator and of each other, signed the Will as
witnesses;
(5) that the testator was of sound mind; and
(6) that to the best of our knowledge the testator was at
• the time eighteen (18) or more years of age, or was a
member of the armed forces or of the merchant marine of
the United States, or its allies.
D r in Berl Zehner
VzIAIA( 114 3/2
Dat
WITNESSES: SalU1A. , . ‘got MITI%
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82D04-1910-EM-000579
STATE OF INDIANA ) IN THE VANDERBURGH Superior COURT
COUNTY OF VANDERBURGH)
IN THE MATTER OF VANDERBURGH SUPERIOR COURT
THE ESTATE OF
DARWIN BERL ZEHNER,Deceased FILED
October 17, 2019
SG
ORDER OF PROBATE OF WILL
WITHOUT ADNIINISTRATION
(Will Spread of Record)
Come now Cinda O'Connor and Ann Angle,having filed their verified Petition for the
Probate of Decedent's Will Without Administration,which petition is on file with the Court.
Further,there is now submitted to the Court an instrument in writing purporting to be
the Last Will and Testament of Darwin Berl Zenner. That said Last Will and Testament of the
decedent was self-proved,executed in all respects according to law with proper acknowledgment
and verification thereof. Such instrument,petition and written testimony art now submitted to the
Court and the Court,having examined the same,having heard evidence and being duly advised now
finds:
1. That such decedent died on or about September 25,2019 and at the time of such
death was domiciled in Vanderburgh County,Indiana.
2. That such written instrument purporting to be such decedent's Last Will and
Testament was duly executed in all respects according to law,has been dulyproved,is the Last Will
and Testament of such decedent,and is entitled to be admitted to probate in such County.
IT IS THEREFORE ORDERED,ADJUDGED AND DECREED by the Court that the
written instrument purporting to be the Last Will and Testament of Darwin Berl Zenner be and it is
hereby admitted to probate and spread record as such.
ALL OF WHICH IS ORDERED on October 1 e,2019 •
Judge
Vanderburgh Superior Court
Distribution to:
Thomas Bunger CFA?7F/�
Bunger&Robertson � / iq 92a
T EAN Cp 1E7E-4
LER QR DEPUTY II
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