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HomeMy WebLinkAboutL_LWT of Alexander Henry_20180326_v1r••. n. x: Z, W-4 � �4 I A i11r ♦ TT i Tl S+ • ENT �11�1LL AND 1EO 1tiC1� 1 OF 19 -4 -ClyCOgG.z K ALEXANDER M. HENRY I, ALEXANDER M. HENRY, residing and domiciled at Renton, King, Washington, declare this to by my Last Will and do hereby revoke all prior Wills and Codicils. L IDENTIFICATION AND DEFINITIONS --� A. My immediate family consists of my children, MICHAEL LEE HENRY and PATRICIA FREEMAN, all of legal age, I have no deceased children with issue surviving. I purposely make no substantial provision in this Will for children now living, or any born or adopted hereafter, for the reason that adequate provision is made for them in the Family Trust referred to below. B. The term ."children" as hereafter used shall refer to the above named children and all children at any time hereafter born to or legally adopted by my wife and me during our marriage. The term "descendants" as used herein shall be construed to mean lawful lineal descendants, that is descendants by lawful birth or legal adoption. C. Unless some other meaning and intent are apparent from the context, I intend that the plural shall include the singular and vice versa, that masculine, feminine and neuter words shall be used interchangeably and that "heirs" shall be determined by the then existing laws of the state of r Washington controlling intestate succession. Page 1 The Last Will of ALEXANDER M. HENRY D. "The residue of my estate", as that term or similar terms are used herein, shall mean, after the payment of debts and taxes directed in Article III and distribution of the specific bequests made in Article IV, all of my property, both real and personal; property as to which I have an option to purchase or a reversionary interest; property over which I have a power of appointment; interest in any insurance policies; and property as to which effective disposition is not otherwise made. II. APPOINTMENT OF FIDUCIARIES A. I appoint MICHAEL LEE HENRY to be the Executor of this Will. If he/she does not survive me, or at any time declines, fails, or is for any reason unable to serve in this capacity; I- appoint PATRICIA FREEMAN, to serve as my Executor. B. My Executor shall appoint an Ancillary Executor to act in any state where ancillary administration is necessary and where my Executor for any reason fails to qualify or declines to serve. Any Ancillary Executor shall, with respect to property subject to ancillary administration, have all the powers conferred upon my Executor, which however, shall be exercised only with the approval of my Executor. C. I request that neither bond, surety or other security be required of any Fiduciary appointed under this Will in any jurisdiction for any purpose, and that my Executor shall have unrestricted powers to settle my estate in the manner provided for in this Will without the intervention of any Court except to the extent required by law. My Executor, as appointed herein, shall have full power to sell, convey, and encumber, without notice or confirmation, any real or personal asset of my estate, at such prices and upon such terms as to the Executor may seem just, whether or not such acts are necessary for the administration of my estate. The Executor is further empowered to do any other acts deemed necessary of advisable in the administration of my estate. Page 2 The Last Will of ALEXANDER M. HENRY `^) III. PAYMENT OF DEBTS AND TAXES I direct my Executor to pay the following before any other division of distribution of my assets under this Will: A. all of the expenses of my last illness and funeral and of the administration of my estate; B. all estate, inheritance and other taxes (and interest or penalties thereon) imposed by reason of my death, whether or not attributable to property passing under this Will and whether or not the same would otherwise be payable by my estate or by any recipient of any such property. C. all legal debts, as they mature or become due and not before, for which proper claims are filed against my estate. IV. SPECIFIC BEQUESTS A. I direct that my property be distributed according to the provisions of paragraphs B and C of this Article IV in the order provided, each provision to be fulfilled before a following provision is considered. B. I direct my Executor to distribute items of personal property to the person or persons identified in a letter of instructions or other writing prepared or to be prepared in accordance with the provisions of RCW 11.12.260, and whose terms shall be incorporated herein by reference. C. I give to my children, MICHAEL LEE HENRY and PATRICIA FREEMAN all of my interest in clothing, jewelry and personal effects, household furniture and furnishings, sporting equipment. D. I give the residue of my estate, including property or interests which I may have the power to dispose of at my death, to the Trustee of the HENRY REVOCABLE LIVING TRUST dated the _Zyd(day of September, 1991, which was executed and in existence before execution of this, my Will. This gift shall be added to the property then held in that Tru d shall Page 3 The Last Will of ALEXANDER M. HENRY become a part of the corpus thereof and shall be administered in accordance with the terms and conditions of that Trust as now written and as hereafter amended. Should for any reason that Trust fail or is not in force at the time of my death, I direct that a new trust be created with the trust corpus consisting of the residue of my estate. The trust purposes, administration, distributions, trustee and beneficiaries shall be the same as is provided herewith and is included herein by reference as it now reads for this purpose only and is intended to be kept with this Will for reference. V. PROVISION FOR NOT OFFENDING RULE AGAINST PERPETUITIES If any provision of this Will shall be considered void as offending the Rule against Perpetuities or any other rule restraining the accumulation of property then and in that event, I direct that, notwithstanding any other specific provision contained in this Will as to distribution or vesting the portion of the trust estate so affected shall continue in trust for a period not longer than one day prior to the end of the period permitted by law under the Rule. On that date, the undistributed principal and income of the affected portion shall vest in and be distributed to the person or persons at that time entitled to the income therefrom or in the event that no one is so entitled, to those for whom the income is then being accumulated, in the proportions to which such persons are so entitled to income or for whom income is then being accumulated. VI. TESTIMONIUM AND ATTESTATION IN WITNESS WHEREOF, I have hereunto set my hand to this, my Last Will, consisting of three pages, of which this is the third and last page, on this ,day of September, 1991 in King County, Washington. ER M. HENRY Page 4 The Last Will of ALEXANDER M. HENRY THE FOREGOING INSTRUMENT, consisting of five pages of which this is the fifth page, was on the date thereof, signed, sealed, published and declared by the Testator, ALEXANDER M. HENRY, to be his Last Will, in the presence of us, who in his presence, and at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and at said time, said Testator was, in our opinion, of sound and disposing mind and memory and was not acting under duress, menace, fraud, or undue influence, and was in every way competent to make this Last Will. dress Page 5 The Last Will of ALEXANDER M. HENRY 6j�VSE AFFIDAVIT OF WITNESSES STATE OF WASHINGTON ss County of King Each of the undersigned, being first duly sworn on this 1�eay of September, 1991 states as follows: 1) that I am over the age of eighteen years and competent to be a witness to the Will of ALEXANDER M. HENRY (the Testator); 2) that the Testator, in my presence and in the presence of the other witnesses whose signatures appear below, declared the foregoing instrument to be his Will, requestedme and the other witnesses to act as witnesses to this Will and to make this affidavit; and then he signed this Will; 3) that I believe the Testator to be of sound mind, and that in so declaring and signing, he was not acting under any duress, menace, fraud or undue influence; 4. that the other witnesses and I, in the presence of the Testator and of each other, have affixed our signatures as witnesses to this Will and have made this affidavit. (Address)% (Address)ri SWORN to before me on this 2Yay of Notary Public i�IlAd for the state of Washington, My Commission Expires Page 6 The Last Will of ALEXANDER M. HENRY FIRST CODICIL OF ALEXANDER M. HENRY , Alexander M. Henry, of Renton, Washington, being of lawful age and sound I a.nd disposing zrlixa.d and memory, and acting of my own free ward, do herGP7y make, publish and declare this to be my First Codicil to my Last Will and Testament dated September 19, 1991. 1. I hereby amend paragraph IT (a) of my Last Will and Testament to read as follows: II. A. I appoint Patricia Freeman to be the Executrix of this Will. If she does not survive me, or at any time declines, fails, or is for any reason unable to serve in this capacity, I appoint Michael Lee Henry to serve as my Executor. II. The remainder of my Last Will and Testament shall remain unchanged. Page 1 of 3 TniIiIts) IN WITNESS WHEREOF, I have hereunto set my hand and publish and declare this to be my First Codicil to my Last Will and Testament on this 4- day of -41 --- .., 2002. E NDER HENRY Testator Page 2 of 3 DECLARATION 0 E VjTIVPISES The undersigned hereby state as follo s: That the foregoing instrument, to this of 3 pages, including this page, dated attached, consisting dated the day of ., 2002, which purports to be the First Codicil of Alexander M.Ienry, Testato , as signed and executed by the said Testator at Renton, Washington, in the pr cc of myself and the other witness, The Testator thereupon published the instrument as and declared it to be his First Codicil to his Last Will and Testament and requested us to sign the same as witnesses and to execute this Declaration in proof of said Codicil. In the presence of the Testator, and at his request and direction, and in the presence of each other, the other witness and I subscribed our names as witnesses hereto. At the time of executing said instrument, the 'Testator, the other witness, and I were of legal age and competent to act as witnesses and the Testator appeared to be of 4ound and disposing mind and not acting under duress, menace, fraud, undue influence or misrepresentation. WE STATE AND DECLARE, UNDER PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON, THAT.. FORFGO1NG IS TRUE AND CORRECT. Dated at Renton, Washington, on 2 V A h GARY F. FAULL ATTORNEY AT LAW P.O. Box 26 RENTON, WA 98057 (425) 255-5600 Page 3 of 3 SECOND CODICIL OF A LEXAND ER M. HENRY I, Alexander M. Henry, of Renton, Washington, being of lawful age and sound and disposing mind and memory, and acting of my own free will, do hereby make, publish and declare this to be my Second Codicil to my Last Will and Testament dated September 19, 1991. I hereby amend paragraph I (a) of my Last Will and Testament to read as follows: I. A. My immediate family consists of my children, MICHAEL LEE HENRY and PATRICIA FAITH HENRY, all of legal age. I have no deceased children with issue surviving. I purposely make no substantial provision in this Will for children now living, or any born or adopted hereafter, for the reason that adequate provision is make for them in the Family Trust referred to below. II. I hereby amend paragraph II (a) of my Last Will and Testament to read as follows: II. A. I appoint Patricia Faith Henry to be the Executrix of this Will. If she does not survive me, or at any time declines, fails, or is for any reason unable to serve in this capacity, I appoint Michael Lee Henry to serve as my Executor. Page 1 of 2 �� �tlalsj I hereby amend paragraph IV (c) of my Last Will and Testament to read as follows: IV. C. I give to my child Patricia Faith Henry all my interest in all the items that are located at my personal residence and in the garage of my personal residence, 13727 156th Ave SE, Renton WA 98059, to include but not limited to my clothing, jewelry, personal effects, household furniture and furnishing, my cars, and my half interest in the tractors, except that all my interests in the sporting equipment located at the personal residence, 13727 156th Ave SE, Renton WA 98059 shall be given to my child Michael Lee Henry. IV. The remainder of my Last Will and Testament shall remain unchanged. V. The First codicil of Alexander M. Henry, dated May 9, 2002 is hereby revoked. IN WITNESS WHEREOF, I have hereunto set my hand and publish and declare this to be my Second Codicil to my Last Will and Testament on this 2014. Page 2 of 2 - Lr (Initials)