From the 'Lectric Law Library's Stacks
The only thing I expect out of lawyers is that they be back in their coffins by sunup. -- F. Ross Johnson, former CEO of RJR Nabisco
Search The Library
WILL OF JEROME J. GARCIA
I, JEROME J. GARCIA, also known as JERRY GARCIA, a resident of Marin County, California, hereby make, publish and declare this to be my Last Will and Testament.
FIRST -- REVOCATION OF PRIOR WILLS
I revoke all Wills and Codicils heretofore made by me.
SECOND -- DECLARATIONS
I declare that I am married; my wife's name is DEBORAH KOONS. We have no children by our marriage. I have four children now living from prior relationships, namely HEATHER GARCIA KATZ, born December 8, 1963, ANNABELLE WALKER GARCIA, born February 2, 1970, THERESA ADAMS GARCIA, born September 21, 1974, and KEELIN GARCIA, born December 20, 1987. I have no deceased children leaving issue, and I have not adopted any children. The terms ``child'' or ``children'' as used in this Will shall refer only to my children and if any person shall claim and establish any right to participate in my estate other than as provided in this Will, whether as heir or in any other capacity whatsoever, I give and bequeath to each such person the sum of One Dollar ($1.00).
THIRD -- COMMUNITY PROPERTY
I declare my intention to dispose of all property, real and personal, of which I have the right to dispose by Will, including any and all property as to which I may have at the time of my death a power of appointment by Will. I confirm to my wife her interest in our community property. It is my intention by this Will to dispose of all my separate Property and of my one-half (1/2) interest in our community property.
FOURTH -- PERSONAL PROPERTY
Except as specifically provided hereinbelow, I give my jewelry, clothing, household furniture and furnishings, personal automobiles, books, pictures, objects of art and other tangible articles of a personal nature, or my interest in such property, which I may have at the time of my death, not otherwise specifically disposed of by this Will or in any other manner, together with any insurance on such property, to my wife, if she survives me for sixty (60) days, and if she does not, then to such of my children, by representation, who survive me for sixty (60) days in equal shares as they shall agree, or as my Executor shall, in my Executor's discretion, determine if my children do not agree within one hundred fifty (150) days of my death.
In the absence of a conflict of interest, my Executor shall represent any child under age eighteen (18) in matter relating to any distribution under this Article FOURTH, including selection of the assets that shall constitute that child's share, and my Executor may, in my Executor's discretion, sell for the child's account any part of that child's share. Any property or its proceeds distributable to a child under age eighteen (18) pursuant to this Paragraph may be delivered without bond to the guardian of such child or to any suitable person with whom he or she resides or who has the care or control of him or her.
If neither my wife nor any of my children shall survive me, then this gift shall lapse and such property, and any insurance thereon, shall become part of the residue of my estate.
FIFTH -- GUITARS
I give all my guitars made by DOUGLAS ERWIN, to DOUGLAS ERWIN, or to his estate if he predeceases me.
SIXTH -- DISTRIBUTION OF RESIDUE OF ESTATE
After payment of all my debts, my last illness and funeral expenses, and provision for my child support obligations for KEELIN GARCIS, my marital settlement agreement with CAROLYN ADAMS GARCIA which is being drafted at the time of signing this will, and my agreement with MANASHA MATHESON regarding the house to be owned one-half by her and one-half by the trust established for KEELIN GARCIA which is being drafted at the time of signing this will, my Executor shall divide and distribute the remainder of my estate for my wife/husband and children as follows:
A. If my wife survives me for sixty (60) days, I give her one-third (1/3) of my estate outright and free of trust. If my wife fails to survive me for sixty days this bequest shall lapse and the amount shall be included with the remainder of my estate under paragraph B.
B. I give the remaining two-thirds (2/3) of my estate, or if my wife fails to survive me, my entire remaining estate, to my daughters, my friends, and my brother as follows:
1. The following shares shall be distributed outright and free of trust, by right of representation, to the persons indicated:
HEATHER GARCIA KATZ ONE-FIFTH (1/5)
ANNABELLE WALKER GARCIA ONE-FIFTH (1/5)
SUNSHINE MAY WALKER KESEY ONE-TENTH (1/10)
CLIFFORD GARCIA ONE-TENTH (1/10)
2. I give to the Trustee hereinafter named, IN TRUST, for the benefit of my younger daughters, THERESA ADAMS GARCIA and KEELIN GARCIA, one-fifth (1/5) of my estate for each, to be held, administered and distributed as a separate trust for each child as follows:
a. So long as my child is living and is under age twenty-one (21), the Trustee shall pay to or apply for her benefit, as much of the net income and principal of the Trust as the Trustee, in the Trustee's absolute discretion, shall deem necessary for her proper support, health, maintenance and education, after taking into consideration, to the extent the Trustee shall deem advisable, any other income or resources of my child, known to the Trustee. Any net income not distributed shall be accumulated and added to principal.
b. When the child attains the age of twenty-one (21), the trust share allocated on account of such child shall thereupon be distributed free of trust to that child.
c. If my child dies prior to receipt of her entire share of principal and income provided herein, and that child is survived by issue, then the remaining principal and income shall be held in trust for those issue under the terms of this subparagraph 2. If my child is not survived by issue, then the remaining principal and income shall be distributed free of trust to the other residual beneficiaries receiving fractional interests in my estate under this paragraph B in proporation to those fractional interests, by right of representation; provided, however, if a part of that balance would otherwise be distributed to aperson for whose benefit a trust is then being administered under this Will, that part shall instead be added to that trust and shall thereafter be administered according to its terms.
d. Whenever provision is made in this Article SIXTH for payment for the ``education'' of a beneficiary, the term ``education'' shall be construed to include college and postgraduate study, so long as pursued to advantage by the beneficiary at an institution of the beneficiary's choice; and in determining payments to be made for such college of post- graduate education, the Trustee shall take into consideration the beneficary's related living expenses to the extent that they are reasonable.
e. Notwithstanding the directions given as to the distribution of income and principal in this Article SIXTH, any trusts established by this Article shall terminate, if they have not previously terminated, twenty- one (21) years after the death of the survivor of the class composed of my wife/husband and all my issue living at my death, and the then remaining principal and undistributed income of such trusts shall be paid to my issue or other beneficiaries then living to whom income payments could be made under such trusts immediately prior to its termination under this clause, such issue to take by right of representation.
SEVENTH -- ULTIMATE DISTRIBUTION
If at the time of my death, or at any later time before full distribution of any Trust established under Article SIXTH, all my issue are deceased, and no other disposition of the property is directed by this Will, the estate or the portion of it then remaining shall there upon be distributed to those persons who would then by my heirs, their identities and respective shares to be determined as though my death had then occurred and according to the laws of the State of California then in effect relating to the succession of separate property not acquired from a predeceased spous.
EIGHTH -- TRUSTEE'S POWERS
[deleted... consists of standard boilerplate]
NINTH -- PAYMENT OF TAXES AND EXPENSES
[deleted... consists of standard boilerplate]
TENTH -- NO CONTEST CLAUSE
If any beneficiary of my Will or any Codicil hereto or of the Trusts created hereunder before or after the admission of this Will to probate, directly or indirectly, contests or aids in the contest of the same or any provision thereof, or contests the distribution of my estate in accordance with my Will or any Codicil, the provisions herein made to or for the benefit of such contestant or contestants are hereby revoked and for the purpose of my Will and any Codicil, said contestant or contestants shall be deemed to have predeceases me.
ELEVENTH -- SPENDTHRIFT PROVISION
Each and every beneficiary under the Trust or Trusts created by this Will is hereby restrained from and is and shall be without right, power, or authority to sell, transfer, pledge, hypothecate, mortgage, alienate, anticipate, or in any other manner affect or impair his, her or their beneficial and legal rights, titles, interests, claims and estates in and to the income and/or principal of said trusts, and the rights, titles, interests and estate of any beneficiary thereunder shall not be subject nor liable to any process of law or court, and all of the income and/or principal under said trusts shall be paid over to the beneficiary in person, or, in the event of the minority or incompetency of any beneficiary, to the guardian of that beneficiary in such manner as in the Trustee's discretion seems most advisable at the time and in the manner provided by the terms of the Trust.
TWELFTH -- EXECUTOR'S APPOINTMENT AND POWERS
I hereby nominate and appoint my wife DEBORAH KOONS, and my attorney DAVID M. HELLMAN, as Executor of this Will. If either of them shall be, or become unable or unwilling to act, then the survivor shall act with JEFFREY E. EHLENBACH. No bond or other security shall be required of any person who acts as Executor hereunder.
A. I hereby expressly authorize and empower my Executor to sell and dispose of the whole or any portion of my estate, real or personal, and wherever situate, as and [deleted... consists of standard boilerplate]
THIRTEENTH -- TRUSTEE'S APPOINTMENT AND COMPENSATION
I hereby nominate and appoint my wife DEBORAH KOONS, and my attorney DAVID M. HELLMAN, as Trustee of this Will. If either of them shall be, or become unable or unwilling to act, then the survivor shall act with JEFFREY E. EHLENBACH. No bond or other security shall be required of any person who acts as Trustee hereunder.
The individual Trustees shall be entitled to receive reasonable commissions similar to those charged by corporate Trustees in the San Francisco Bay Area. Any successor Trustee shall be entitled to reasonable compensation for its services.
FOURTEENTH -- GUARDIAN
If MANASHA MATHESON does not survive me, I hereby nominate and appoint SUNSHINE MAY WALKER KESEY, as the guardian of KEELIN GARCIA, if she is then a minor. No bond shall be required of any person who acts as guardian hereunder.
FIFTEENTH -- DELAYED DISTRIBUTION
I direct that no interest shall be payable on account of any delary in distributing any devise, bequest, or legacy under my Will or any Codicial thereto.
SIXTEENTH -- DEFINITIONS
The words ``Executor,'' ``Trustee,'' ``child,'' ``children,'' and ``beneficiary,'' as used herein, shall comprehend both the singular and the plural, and the masculine or feminine shall be deemed to include the other wherever the context of this Will requires. This Will and any Codicil shall be interpreted under the California law as in effect at the date of signature of such document.
IN WITNESS WHEREOF, I have hereunto set my hand this May 12, 1994.
Jerome J. Garcia
On the date indicated below, JEROME J. GARCIA, declared to us, the undersigned, that this instrument, consisting of sixteen (16) pages, including the page signed by us as witnesses, was the testator's Will and requested us to act as witnesses to it. The testator thereupon signed this Will in our presence, all of us being present at the same time. We now, at the testator's request, in the testator's presence and in the presence of each other, subscribe our names as witnesses.
It is our belief that the testator is of sound mind and memory and is under no constraint or undue influence whatsoever.
We declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on May 12, 1994, at San Rafael, California.
David M. Hellman residing at 523 4th St. #102, San Rafael, CA 94901 Tanna Burcher residing at 523 4th St. #102, San Rafael, CA 94901
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.