Last Will And Testament (Page 7 of 11) in pdf

EXECUTOR NOMINATION

I nominate my husband, Richard L. Smith, to be the executor of my Will.

If, for any reason, my first nominee executor is unable or unwilling to serve or to continue to serve as

executor of my Will, I nominate my son, Stephen A. Smith, to be the executor of my Will.

If, for any reason, all of the nominees designated above are unable or unwilling to serve or to

continue to serve as executor of my Will, I nominate my daughter, Megan A. Smith, to be the executor of my

Will.

If none of the nominated executors are able or willing to serve or continue to serve, and a vacancy is

not filled as set forth above, the majority of estate beneficiaries shall nominate a successor executor. If the

majority of estate beneficiaries are unable to nominate a successor executor, a court of competent jurisdiction

shall appoint a successor executor pursuant to a petition filed by the resigning executor or any estate

beneficiary.

MISCELLANEOUS EXECUTOR PROVISIONS

The term “executor” includes any executrix, personal representative, or administrator, if those terms

are used in the statutes of any state that has jurisdiction over all or any portion of my estate.

My executor will have broad and reasonable discretion in the administration of my estate to exercise

all of the powers permitted to be exercised by an executor under state law, including the power to sell estate

assets with or without notice, at either public or private sale, and to do everything he or she deems advisable

and in the best interest of my estate and the beneficiaries thereof, all without the necessity of court approval

or supervision. I direct that my executor perform all acts and exercise all such rights and privileges, although

not specifically mentioned in this Will, with relation to any such property, as if the absolute owner thereof

and, in connection therewith, to make, execute, and deliver any instruments, and to enter into any covenants

or agreements binding my estate or any portion thereof.

Subject to specific provisions to the contrary, I authorize my executor to distribute a share of my

estate given to a minor beneficiary, up to the whole thereof, to a custodian under the applicable Transfers to

Minors Act or Gifts to Minors Act, if in the executor’s discretion, it is in the best interests of the beneficiary.

The executor may also make distributions to a minor by making distributions to the trustee of a trust created

under my Will for a minor beneficiary, the guardian of the minor’s person, or the guardian of the minor’s

estate.

No executor is required to post any bond.

I authorize my executor to make the following choices or elections in my executor’s absolute

discretion, regardless of the resulting effect on any other provisions of this Will or on any person interested

in my estate or in the amount of any of the taxes referred to: (a) choose a valuation date for estate or

inheritance tax purposes or choose the methods to pay estate or inheritance taxes; (b) elect to treat or use an

item, for either federal or state tax purposes, as either an income tax deduction or as a deduction for state or

inheritance tax purposes; (c) determine when a particular item is to be treated as taken into income or used as

a tax deduction, to the extent the law provides that choice; and (d) disclaim all or any portion of any interest

in property passing to my estate at or after my death, even though any of these actions may subject my estate

Page 7 of my Last Will and Testament

___________________

(Signature)

Last Will And Testament Page 7