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  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
  • In the matter of: Henke, Lloyd Amos Voluntary Statement document preview
						
                                

Preview

Cast Will and Gestament DLABPoss dE BE IT REMEMBERED that I, LLOYD HENKE., domiciled in Oak Bluffs, Dukes County, in the Commonwealth of Massachusetts, being of sound and disposing, mind and memory, but aware of the uncertainties of this life, do hereby declare this to be my LAST WILL AND TESTAMENT, revoking all wills and codicils heretofore made by me. se - - ARTICLEI: | appoint my son, CLAYTON HENKE of Dublin, N.H., as Executor of this will. In the event CLAYTON HENKE shall fail or cease to serve as Executor of this Will, then in that event I appoint CAMERON and COLIN HENKE, if they are of majority age, as co-Executors of this Will. In the event CAMERON and COLIN HENKE are of minority age, then I constitute and appoint KENDA HENKE, as Executrix of this Will. ARTICLE U: I direct that all of my just debts (including charitable pledges whether or not enforceable), my funeral expenses and the cost of the administration of my estate be paid out of my residuary estate as soon as practicable after my death. 1 further direct that in the event that any property or interest in property passing under this Will, by operation of law, or otherwise by reason of my death (other than as a party of my residuary estate), shall be encumbered by mortgage or lien, or shall be pledged to secure any obligation (whether the property or interest in property so encumbered or pledged shall be owned by me jointly or individually), it is my intention that such indebtedness shall not be charged to or paid from my estate, but that the devisee, legatee, joint owner taking by survivorship or beneficiary receiving such property. or interest in property shall take it subject to all encumbrances existing at the time of my death. ARTICLE Ill: I direct that all estate, inheritance and similar taxes (together with any interest or penalty thereon) which may become due by reason of my death with respect only to property passing under this Will, and joint property and inheritance taxes on future interest in such property which have been compromised by the persons administering my estate (and also any generation -skipping tax imposed on any property of which I am considered to be a deemed transferor), and all income taxes payable by my estate shall be paid out of the residue of my estate as an expense of administration. ARTICLE IV: I give and bequeath all articles of tangible property which I may own at the time of my death and not otherwise specifically bequeathed by this Will, including without limiting the generality thereof, my personal effects, jewelry, household goods, and vehicles of all sorts (including any water craft), but not including any currency, securities and the like, which I may have in hand to my son, CLAYTON HENKE. I shall leave a memorandum stating my wishes with respect to the disposition of certain of these articles of tangible personal property, which memorandum has been executed prior in time to this Last Will and Testament and is hereby incorporated by reference, but such memorandum will be simply an expression of my wishes and shall not create any trust or obligation nor shall it be offered for probate as a part of this Will. ARTICLE V: _ I give, devise and bequeath all remaining estate, real, personal and mixed and wherever situated, including all property which I may acquire or become entitled to after the execution of this Will, and all lapsed legacies and devises or other gifts made by this Will which fail for any reason, specifically including any property over which I may have any power of appointment, to my son, CLAYTON HENKE. In the event that CLAYTON HENKE shall predecease me, I give, devise and bequeath my remaining estate as follows: one share to each grand child of mine who survives me. References in this Will to “child” or “children” mean descendants in the first degree only, and references to “issue” mean descendant i ¢ first, second, or any other degree, in each case meaning lawful descendants, whether by r adoption. JAN 0-4 2023 LAST WILL AND TESTAMENT/LLOYD HENKE PI 10/10/07 DUKES PRORATE OORTEDMOND G. COOGAN LAW OFFICE, PC. ARTICLE VI: My Executor, Trustee, and any other person administering my estate or trust created under this Will or under any Codicil hereto (hereinafter sometimes referred to as the “fiduciary” and in the neuter gender) shall have, in addition to those powers conferred by law or otherwise, the following discretionary powers (except to the extent the existence of such power would deny to my estate a marital deduction for Federal or State estate or inheritance tax purpose that otherwise would be available) whether or not personally interested in the exercise of any such powers: 1) 2) 3) 4 5) 6) 8) To retain and operate any business, or sell and liquidate any business or license owned by me, incorporated or otherwise, which I may own at the time of my death, or any interest therein, even if such retention and operation, or sale, involves business risks which executors would not ordinarily incur and whether or not such interest is a controlling or minority interest. The Fiduciary, or any employee or agent of the Fiduciary, may be employed by any such business and be paid a reasonable compensation for such services, and the Fiduciary may delegate the operation of management of any such business to others. To administer, invest, and reinvest in any property, including savings accounts, real and personal property, stocks, bonds and other securities, investment companies and common trust funds, in any state or jurisdiction, whether or not of a kind or in a proportion ordinarily considered suitable for fiduciary investments; to make secured or unsecured loans, and with respect to mortgages, and other security held by the estate or trust; to modify the terms thereof; to release partially, to foreclose, and to purchase at foreclosure sales. To participate in any corporate liquidation, reorganization, re- capitalization, merger or similar transaction; to incorporate any business that may be held by the Fiduciary; to consent to an election or revocation of an election under the provisions of Subchapter S of the Internal Revenue Code of 1954 (and under any successor provisions); to have the income of any corporation, any part of the stock which is held by my estate or trust, taxes directly to the stockholders; to give proxies or powers of attorney with or without power of substitution for voting upon any share of certificates of interest belonging to the estate or trust. To manage real property in such manner as the Fiduciary shall deem best, including authority to sell (at public or private sale, and without authority or license of the Court), erect, alter or demolish buildings, to improve, repair, insure, subdivide, any of said property; to adjust boundaries, to dedicate streets or other ways for public use without compensation; to impose such easements, restrictions, conditions, stipulations and covenants as it may see fit; to lease (with or without option to purchase) for such time and on such terms as it deems advisable and whether or not the lease may extend beyond the distribution of my estate or trust. To borrow money from itself individually or from others upon such terms and conditions as it deems advisable, and to mortgage and pledge estate or trust assets as security for the repayment thereof. To carry stock certificates and other property held by it in the form of street certificates or in the name of a nominee or any person, including the Fiduciary, or in any other form, without disclosing the existence of any fiduciary relationship. On any division or distribution of estate or trust property, to make the same in cash or in kind or partly in cash, and to exercise the powers provided for in the Article after the termination of my estate or trust until the same is fully distributed. To make any payment or distribution directly to any beneficiary (whether or not said beneficiary is competent or to his guardian or conservator, or to apply the same for his benefit. 4A EAUSEWAY ROAD LAST WILL AND TESTAMENT/LLOYD HENKE P.2 10/10/07 FAX: 508-693-7316EDMOND &. COOGAN LAW OFFICE, PC. _12 9% 10) 11) wv 13) 14) 15) 16) 17) 18) 19) 20) To retain such reserves out of income as the Fiduciary deems proper for expenses, taxes, depreciation and other liabilities of my estate or trust. To settle by compromise, arbitration or otherwise any and all claims and demands in favor of or against or in any way relating to my estate, upon such terms as my Fiduciary deems advisable, including inheritance taxes on present or future interests, and any controversy as to the interpretation of the Will or the administration of my estate or trust. To pay any expenses involved in the delivery of any article of tangible personal property and to charge the same as an expense of administration. __To expend funds in connection with my burial, including the purchase of a cemetery lot and provision for its perpetual care and also including an appropriate memorial stone or monument. To retain until distribution without liability for loss or depreciation resulting from such retention, any property owned by me at the time of my death; and until such distribution, the income of the estate may be paid in whole or in part to the beneficiaries entitled to the same To determine in accordance with reasonable accounting practice, what shall belong and be chargeable to principal and what shall belong and be chargeable to income, and in making that determination, it may employ an accountant or attorney at law and distributions from investment companies shall be treated as principal. To amortize or to refrain from amortizing premiums on securities purchased at more than par. To maintain insurance on the property in my estate or trust, whether or not specifically devised or bequeathed, against such perils and liabilities and for such periods and amounts as my Fiduciary may deem advisable; to transfer to the beneficiary to whom the property is devised or bequeathed such insurance on said property, whether purchased by me or by my Fiduciary, and with or without receiving compensation therefor. To claim the alternate value in the Federal and/or State estate tax return and to claim any expenses of my estate as an income tax deduction. An adjustment between income and principal due to the assertion of any such claim may, but need not, be made. To merge the assets of any trust created hereunder with those of any other trust, whether such other trust is created hereunder or in any other instrument (even one created by a different person) for such a period of time as the Fiduciary deems advisable, provided that said other trust is substantially identical in its terms and operation for the period during which the merger will be effective, and provided further that such merger will in no way change the rights possessed by any beneficiary of the trust created hereunder. To make distributions to the beneficiaries hereunder primarily for the purpose of mitigating the effects of any tax, including without limitation, income taxes, estate taxes, inheritance taxes, gift taxes, and generation skipping taxes (so-called), whether federal, state, local, foreign or otherwise. To purchase and/or maintain any real estate as a residence for any one or more of the beneficiaries hereunder and/or for the spouse, issue, and/or guardian of any such beneficiary (or other person residing with, and caring for, the beneficiary) without charging any rent to any one or more of such occupants. To create a custodianship under the Uniform Gifts to Minors Acts of any state, with the Fiduciary or any other person or entity as custodian. To make any distributions of income or principal of any amount on behalf of any beneficiary hereunder to a trust maintained for the beneficiary or 4a causeway ROAD LAST WILL AND TESTAMENT/LLOYD HENKE P.3 10/10/07 P.O. BOX 1639 VINEVARD HAVEN MASSACHUSETTS 02568 TEL: 608-69: FAX: 508-693-7316to a Uniform Gifts to Minor Acts Custodianship (or other custodianship) maintained for the beneficiary, whether such trust or custodianship was created by me, by the Fiduciary, or by any other person and whether administered by the Fiduciary hereunder or by another as trustee or custodian. ARTICLE VII: Throughout this Will and any codicil hereto, where appropriate, every reference in any of the masculine, feminine or neuter, shall be deemed to include all of the masculine, feminine and neuter, and every reference in either the singular or plural shall be deemed to include both the singular and plural, unless the context clearly requires otherwise. Reference to my Executor, Guardian, and Trustee shall include any successor and any Executor, Administrator, Guardian, or Trustee appointed in lieu of 2 those named herein. ee ARTICLE VIII: _ I request that no fiduciary named in this Will or in any Codicil hereto, whether as Executor, Trustee or Guardian, shall be required to provide any surety on his bond nor provide any bond except as required by law. I further request that the appointment of a guardian ad litem to represent the interest of unborn persons and of unascertained persons and of any other persons be dispensed with, to the extent permitted by law. I further request that in conformity with Section 13 of Chapter 192 of the General Laws of Massachusetts, the Executors named in Article I hereof be appointed Temporary Executors, without requiring the assent of my heirs-at-law or next of kin, as soon after my death as possible if my Executor deems it advisable. If there is no named Executor able or willing to serve as Temporary Executor, I request that some suitable person be appointed Temporary Administrator without requiring the assent of said heirs- at-law or next of kin if advisable for the proper preservation of my estate. IN WITNESS WHEREOF, I, the said Testator have hereunto set my hand and seal to this, my LAST WILL AND TESTAMENT, on this _2 day of “Ok, 2007. LO} We hereby certify that the foregoing instrument was, on the day of the date thereof, signed, sealed, published and declared by the Testator, LLOYD HENKE, as and for his LAST WILL AND TESTAMENT, in our presence, who at his request and in his presence and in the presence of each of us, have subscribed our names as witnesses of the execution thereof, believing said Testator, at the time of so signing, to be of sound mind and memory and under no constraint. esiding at 2aiteec B.hetoery Residing at 25@riavwint Larne Tisbury EDMOND G. COOGAN LAW OFFICE, P.c. . an CAUSEWAY ROAD LAIST WILL AND TESTAMENT/LLOYD HENKE P.4 10/10/07 FAX: 508-693-7316EDMOND G. COOGAN LAW OFFICE, Pc. 4A CAUSEWAY ROAD LAI! FAX: 508-693-7516 COMMONWEALTH OF MASSACHUSETTS COUNTY OF DUKES COUNTY, SS: C VA {O_, 2007 Before me, the undersigned authority, on this day personally appeared LLOYD HENKE and the above named witnesses, known to me to be the Testator and two witnesses, respectively, whose names are signed to the foregoing instrument, and all of these persons being by me duly sworn, the said Testator declared to me and to the witnesses in my presence that the instrument is his last Will and that he has willingly signed it and that he executed it as his free and voluntary act for the purposes therein expressed, and each of the witnesses state to me, in the presence of the said Testator that they signed the Will as witness and that to the best of their knowledge the said Testator was eighteen years of age or over, of sound mind and under no constraint or undue influence. : Subscribed and sworn tp before me by the said Testator and by the said witnesses, this_/0 day of _Oct , 2007. UBLIC My commission expires: Hy oe SPOSNAN e mit fé IST WILL AND TESTAMENT/LLOYD HENKE PLS 10/10/07