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Cast Will and Gestament
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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:
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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.
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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.
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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.
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IST WILL AND TESTAMENT/LLOYD HENKE PLS 10/10/07