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23BA-PRO0 311!
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(
C di
ry Nie f
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BOONE County
JUL 2 8 2923
MARY ELIZABETH SMITH CLERK OF cing;
‘UIT CouRT,
UMBI,
I, MARY ELIZABETH SMITH, being of lawful age and sound and disposing mind and
memory and presently domiciled in Boone County, Missouri, hereby make, publish and declare
this instrument to be my Last Will and Testament, hereby revoking and canceling all wills,
codicils, and testamentary dispositions, ¥y me at anytime heretofore made.
ITEMI
I direct that my just and lawful debts and funeral expenses be first paid out of my estate
as soon as practical after my death. I further direct that all estate, inheritance, transfer, legacy, or
succession taxes, which may be assessed or levied with respect to my estate, or ariy part thereof,
whether or not passing under this my Last Will and Testament or otherwise, shall be paid out of
my residuary estate as an expense of administration and without apportionment; provided,
however, that the right to seek recoupment or reimbursement shall not be deemed to be waived
with respect to such taxes attributable to-property over which I may now or hereafter have the
power of appointment, to which reimbursement my ‘estate or Personal Representative would
‘otherwise be entitled by: law or by the provisions of the instrument creating such power of
appointment.
ITEM Tt
Subject to the laws and statutes of the State of Missouri, all references herein to my
“husband” shall be deemed to be LARRY DEAN SMITH. Further, I have two children now
living, namely MATTHEW CHARLES SMITH and LEIGH ANN SMITH. All references
herein to my children shall not only include the above children but also any children hereafter
bom * adopted by me.
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3
2 €
ITEM
Tn the event my husband, LARRY DEAN SMITH, survives the date of my death by
thirty (30) days, then I give, devise, limit, appoint, and bequeath to my said husband, LARRY
DEAN SMITH, all of my estate and property whether real, personal or mixed and wherever
situated or located, including, but not limited to, remainders vesting after my death, and all
property over which I now have, or may hereafter acquire, the power of appointment, to be his
absolutely and free of trust.
ITEM IV
I give, devise and bequeath my personal effects, wearing apparel, jewelry, and other articles
of a personal nature which are included in my estate to those persons, if then living, designated to
receive such property pursuant to a certain list of tangible personal property disposing of the same
that may be found with this Last Will and Testament. In order to avoid undue delay, I direct that
my Personal Representative make a diligent search for such list, but if at the expiration of three (3)
calendar months after the daté of my death, no such written list can be found, my Personal
Representative shall proceed in administering and distributing my estate as if no such list exists. If
there is no list in existence, or if any devisee is not then living, or if the list does not validly dispose
of any portion of said personal property, then the property not effectively disposed of shall be
disposed of as a part of my residuary estate.
ITEM V
In the event that my husband shall fail to survive the date of my death by thirty (30) days
then I give, devise, limit, appoint, and bequeath all of my estate and property, whether real,
personal, or mixed, and wherever situated or located, included, but not limited to, remainders
vesting after my death and all property over which I now have, or may hereafter acquire, the
power of appointment, unto my children, PER STIRPES, in equal shares.
Mes
*
ITEM VI
In the event my husband, LARRY DEAN SMITH, and I die in a common disaster or
from illness or disease under circumstances where it is not possibleto determine with certainty
which of us survived the other, it shall be conclusively presumed that I predeceased my husband.
ITEM. vit
Although my husband, LARRY DEAN SMITH, and I may execute our wills at or about
the same time, they are not contractual. Each shall be fully subject to revocation by its maker.
ITEM Vi
. I authorize my Personal Representative to independently administer my estate without
adjudication, order or direction from the Probate Division of the Circuit Court pursuant to
§473.780 RSMo. 1980.
4
ITEM IX
I nominate and appoint my husband, LARRY DEAN SMITH, Personal Representative of
this Will. In the event that my husband shall fail or refuse to qualify or act hereunder, then I
nominate and appoint LEIGH ANN SMITH as Personal Representative of this Will.
I request that no Personal Representative named hereunder be required to give bond.
I give to my named Personal Representative, or successor, full power to sell any or all of
my said property, either at private or public sale, and to execute all necessary conveyances
therefore.
ITEM X
By way of illustration and not of limitation and in addition to any inherent, implied or
statutory powers granted to my Personal Representative generally, my Personal Representative is
specifically authorized and empowered with respect to any property, real or personal, at any time
held under any provision of this to my Will; to allot, allocate between principal and income,
sign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any
business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve,
incorporate any business of mine, invest, lease manage, mortgage, grant and exercise options
Mes
.
with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make
distributions in cash or in kind or partly in each without regard to the income tax basis of such
asset and in general, to exercise all of the powers in the management of my Estate which any
individual could exercise in the management of similar property owned in its own right, upon
such terms and conditions as to my Personal Representative may seem best, and to execute and
deliver any and all instruments and to do all acts which my Personal Representative may deem
proper or necessary to carry out the purposes of this my Will, without being limited in any way
by the specific grants of power made and without the necessity of a court order.
IN WITNESS WHEREOF, I have hereunto set my hand and subscribed my name to this,
my Last Will and Testament, each page of which has been initialed by me on this - A day
of_Qetoher , 2007.
MARY BLIZABE' SMITH
The foregoing instrument was subscribed, published and declared by the said MARY
ELIZABETH SMITH, as and for her Last Will and Testament, in our presence and in the
presence of each of us, and we at the same time at her request and in her presence and in the
presence of each other hereunto subscribe our names as attesting witnesses, and we declare that
at the time she was of sound and disposing mind and memory.
cD Fer OF Olevtnb 2 tbe
OF Cobrintire tnHO
Colt, MO
més
ACKNOWLEDGEMENT
STATE OF MISSOURI )
)ss
COUNTY OF BOONE )
I, the undersigned, an officer authorized to administer oaths, certify that MARY
ELIZABETH SMITH, the testatrix, and the witnesses whose names are signed to the attached or
foregoing instrument, having appeared together before me and having been first duly swom,
each then declared to me that the testatrix signed ‘and executed the instrument as her last will,
and that she had willingly signed or willingly.directed another to sign for her, and that she
executed it as her free and voluntary act for the purposes therein expressed; and that each of the
witnesses, in the presence and hearing of the testatrix, signed the will as witness and that to the
best of their knowledge, the testatrix was at that time eighteen or more years of age, of sound
mind, and under no constraint or undue influence.
IN WITNESS, W] "Thave subscribed my name and affixed my official seal this
[ft day of Oyo - 2007.
Mia
Ty rou
Notary Public
My commission expires: 4/25/Z0/0
Commissioned in Boone County, MO
TERESA
L. BROWN
‘Stateof Missouri - County
of Boone:
My Commission
Expires Jun. 25 2010
Commission # 0652991:
MéS
PERSONAL PROPERTY LIST
(pursuant to Article IV)
I desire that ALL household furnishings located within the real estate located at 125 W.
Nashville Church Road, Ashland, Missouri including, but not limited to, furniture, bedding, -
cooking utensils, linens, curtains, dishes, and all other household items shall transfer to my son,
MATTHEW C. SMITH, along with the real estate pursuant to the Beneficiary Deed executed by
myself and my spouse concurrently with the execution of this Last Will and Testament.
Mes
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23BA-PRO0 311! — ( C di ry Nie f . BOONE County JUL 2 8 2923 MARY ELIZABETH SMITH CLERK OF cing; ‘UIT CouRT, UMBI, I, MARY ELIZABETH SMITH, being of lawful age and sound and disposing mind and memory and presently domiciled in Boone County, Missouri, hereby make, publish and declare this instrument to be my Last Will and Testament, hereby revoking and canceling all wills, codicils, and testamentary dispositions, ¥y me at anytime heretofore made. ITEMI I direct that my just and lawful debts and funeral expenses be first paid out of my estate as soon as practical after my death. I further direct that all estate, inheritance, transfer, legacy, or succession taxes, which may be assessed or levied with respect to my estate, or ariy part thereof, whether or not passing under this my Last Will and Testament or otherwise, shall be paid out of my residuary estate as an expense of administration and without apportionment; provided, however, that the right to seek recoupment or reimbursement shall not be deemed to be waived with respect to such taxes attributable to-property over which I may now or hereafter have the power of appointment, to which reimbursement my ‘estate or Personal Representative would ‘otherwise be entitled by: law or by the provisions of the instrument creating such power of appointment. ITEM Tt Subject to the laws and statutes of the State of Missouri, all references herein to my “husband” shall be deemed to be LARRY DEAN SMITH. Further, I have two children now living, namely MATTHEW CHARLES SMITH and LEIGH ANN SMITH. All references herein to my children shall not only include the above children but also any children hereafter bom * adopted by me. mes 3 2 € ITEM Tn the event my husband, LARRY DEAN SMITH, survives the date of my death by thirty (30) days, then I give, devise, limit, appoint, and bequeath to my said husband, LARRY DEAN SMITH, all of my estate and property whether real, personal or mixed and wherever situated or located, including, but not limited to, remainders vesting after my death, and all property over which I now have, or may hereafter acquire, the power of appointment, to be his absolutely and free of trust. ITEM IV I give, devise and bequeath my personal effects, wearing apparel, jewelry, and other articles of a personal nature which are included in my estate to those persons, if then living, designated to receive such property pursuant to a certain list of tangible personal property disposing of the same that may be found with this Last Will and Testament. In order to avoid undue delay, I direct that my Personal Representative make a diligent search for such list, but if at the expiration of three (3) calendar months after the daté of my death, no such written list can be found, my Personal Representative shall proceed in administering and distributing my estate as if no such list exists. If there is no list in existence, or if any devisee is not then living, or if the list does not validly dispose of any portion of said personal property, then the property not effectively disposed of shall be disposed of as a part of my residuary estate. ITEM V In the event that my husband shall fail to survive the date of my death by thirty (30) days then I give, devise, limit, appoint, and bequeath all of my estate and property, whether real, personal, or mixed, and wherever situated or located, included, but not limited to, remainders vesting after my death and all property over which I now have, or may hereafter acquire, the power of appointment, unto my children, PER STIRPES, in equal shares. Mes * ITEM VI In the event my husband, LARRY DEAN SMITH, and I die in a common disaster or from illness or disease under circumstances where it is not possibleto determine with certainty which of us survived the other, it shall be conclusively presumed that I predeceased my husband. ITEM. vit Although my husband, LARRY DEAN SMITH, and I may execute our wills at or about the same time, they are not contractual. Each shall be fully subject to revocation by its maker. ITEM Vi . I authorize my Personal Representative to independently administer my estate without adjudication, order or direction from the Probate Division of the Circuit Court pursuant to §473.780 RSMo. 1980. 4 ITEM IX I nominate and appoint my husband, LARRY DEAN SMITH, Personal Representative of this Will. In the event that my husband shall fail or refuse to qualify or act hereunder, then I nominate and appoint LEIGH ANN SMITH as Personal Representative of this Will. I request that no Personal Representative named hereunder be required to give bond. I give to my named Personal Representative, or successor, full power to sell any or all of my said property, either at private or public sale, and to execute all necessary conveyances therefore. ITEM X By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to my Personal Representative generally, my Personal Representative is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this to my Will; to allot, allocate between principal and income, sign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease manage, mortgage, grant and exercise options Mes . with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions in cash or in kind or partly in each without regard to the income tax basis of such asset and in general, to exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right, upon such terms and conditions as to my Personal Representative may seem best, and to execute and deliver any and all instruments and to do all acts which my Personal Representative may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made and without the necessity of a court order. IN WITNESS WHEREOF, I have hereunto set my hand and subscribed my name to this, my Last Will and Testament, each page of which has been initialed by me on this - A day of_Qetoher , 2007. MARY BLIZABE' SMITH The foregoing instrument was subscribed, published and declared by the said MARY ELIZABETH SMITH, as and for her Last Will and Testament, in our presence and in the presence of each of us, and we at the same time at her request and in her presence and in the presence of each other hereunto subscribe our names as attesting witnesses, and we declare that at the time she was of sound and disposing mind and memory. cD Fer OF Olevtnb 2 tbe OF Cobrintire tnHO Colt, MO més ACKNOWLEDGEMENT STATE OF MISSOURI ) )ss COUNTY OF BOONE ) I, the undersigned, an officer authorized to administer oaths, certify that MARY ELIZABETH SMITH, the testatrix, and the witnesses whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly swom, each then declared to me that the testatrix signed ‘and executed the instrument as her last will, and that she had willingly signed or willingly.directed another to sign for her, and that she executed it as her free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witness and that to the best of their knowledge, the testatrix was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence. IN WITNESS, W] "Thave subscribed my name and affixed my official seal this [ft day of Oyo - 2007. Mia Ty rou Notary Public My commission expires: 4/25/Z0/0 Commissioned in Boone County, MO TERESA L. BROWN ‘Stateof Missouri - County of Boone: My Commission Expires Jun. 25 2010 Commission # 0652991: MéS PERSONAL PROPERTY LIST (pursuant to Article IV) I desire that ALL household furnishings located within the real estate located at 125 W. Nashville Church Road, Ashland, Missouri including, but not limited to, furniture, bedding, - cooking utensils, linens, curtains, dishes, and all other household items shall transfer to my son, MATTHEW C. SMITH, along with the real estate pursuant to the Beneficiary Deed executed by myself and my spouse concurrently with the execution of this Last Will and Testament. Mes