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LAST WILL AND TESTAMENT
OF
PAULINE M. MOODY
I, PAULINE M. MOODY of Newton, Middlesex County, Massachusetts, make this my Last Will
and Testament and hereby revoke all my previous wills and codicils.
ARTICLE FIRST: Disposition of Estate: I devise all of my estate, whether real, personal or mixed,
of whatsoever consisting and wheresoever situated, excluding any property in respect to which I
have any power of appointment, in equal shares to my children who survive me, but ifa child of
mine predeceases me leaving descendants who survive me, I give the share such deceased child
would have taken had he or she survived me to his or her descendants who survive me, by right of
representation.
ARTICLE SECOND: Clarification: References to my children and descendants in this Last Will
and Testament shall refer only to son THOMAS MANUGIAN of Goffstown, New Hampshire, and
my daughter GAIL NICHOLSON, of Newton, Massachusetts; the descendants of my aforesaid
children; any child of mine born or adopted after the date of this Last Will and Testament; and the
descendants of such after-born or after adopted child. A person legally adopted prior to attaining
the age of eighteen (18) shall not be differentiated from blood descendants for any purpose, but a
person who is adopted after attaining the age of eighteen (18) shall not be deemed a child or de-
scendant for all purposes hereunder. A child in gestation who is later born alive shall be regarded
as a child in being during the period of gestation for the purpose of determining whether any Parent
has died leaving descendants. Except as provided in this ARTICLE SECOND, I have intentionally,
and not as a result of any mistake or inadvertence, omitted in this Last Will and Testament to
provide for any other children and/or descendants of mine, if any, however defined by law.
ARTICLE THIRD: Appointment of Fiduciaries: I nominate my said son THOMAS MANUGIAN
and my daughter GAIL NICHOLSON as my Personal Representatives under my Will, provided,
however that if either of my aforesaid children (THOMAS MANUGIAN or GAIL NICHOLSON,
as the case may be) is unable or unwilling to serve as such for any reason, then the other of them
shall so serve alone. I request that the originally named Personal Representatives, or the successor
or successors of such originally named Personal Representatives, upon application be appointed
Special Personal Representatives hereof.
ARTICLE FOURTH. Powers of Personal Representative: My Personal Representative, in addition
to and not in limitation of said Personal Representative’s common law and statutory powers, shall
have and may exercise the following discretionary powers without the necessity of court license
or approval:
A To retain for whatever period my Personal Representative deems advisable any
property, including property owned by me at my death, and to invest and reinvest in any property,
both real and personal, including mutual funds of the “load” and “no load” variety, regardless of
whether any particular investment would be proper for a personal representative and regardless of
the extent of diversification of the assets held hereunder.
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B To sell and to grant options to purchase all or any part of my estate, both real and
personal, at any time, at public or private sale, for such consideration, whether or not the highest
possible consideration, and upon such terms, including credit, as my Personal Representative
deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connec-
tion therewith. No purchaser shall be held to see to the application of the purchase money. No
Personal Representative shall, unless such Personal Representative acted willfully and in bad faith,
be personally liable to any beneficiary under this Will for the sale of any real or personal property
pursuant to a contract of sale, notwithstanding the existence of any offer, made subsequent to the
execution of such contract, to purchase such property at a higher price.
Cc To lease any real estate for such term or terms and upon such provisions and con-
ditions as my Personal Representative deems advisable, including the granting of options to renew,
options to extend the term or terms, and options to purchase.
D To pay, compromise, settle, or otherwise adjust any claims, including taxes, as-
serted in favor of or against me, my estate, or my Personal Representative.
E To make any separation into shares in whole or in part in kind and at values deter-
mined by my Personal Representative, with or without regard to tax basis, and to allocate different
kinds and disproportionate amounts of property and undivided interests in property among the
shares.
F. To make such elections under the tax laws as my Personal Representative shall
deem appropriate, including, but in no way limited to, elections with respect to (i) claiming the
alternative value in any estate tax return, (ii) exemptions, (iii) the use of deductions as income tax
or estate tax deductions, and (iv) determining whether to make any adjustments between income
and principal on account of any election so made.
G To hold bonds, shares or other securities in bearer form, or in the name of my Per-
sonal Representative or in the name of a nominee without indication of any fiduciary capacity; to
deposit cash into any checking, savings or other account held at any bank or other financial insti-
tution.
H. To make any elections permitted under any pension, profit sharing, employee stock
ownership, or other benefit plan.
I To employ others in connection with the administration of my estate, including le-
gal counsel, investment advisors, brokers, accountants, and agents, notwithstanding the fact that
my Personal Representative may receive a direct or indirect financial benefit as a result of such
employment or may otherwise be affiliated with any of them, and to pay reasonable compensation
in addition to my Personal Representative’s compensation.
J To make any payment or distribution due to a minor in any one or more of the
following ways:
1 directly to such minor;
2 to the minor’s legally appointed conservator; or
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3 to a custodian for such minor under the Massachusetts Uniform Transfers to Minors
Act or a similar act of another jurisdiction;
and the receipt of the person to whom such money or property is paid shall be a full and complete
discharge to my Personal Representative.
K. To vote any shares of stock or other securities in person or by proxy; to assert or
waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock;
to deposit securities in any voting trust or with any committee.
L. To borrow and to pledge or mortgage any property as collateral, and to make se-
cured or unsecured loans. My Personal Representative is specifically authorized to make loans
without interest to any beneficiary hereunder. No individual or entity loaning property to my Per-
sonal Representative shall be held to see to the application of such property.
M. To make any election(s) of whatever nature available to my Personal Representa-
tive. With respect to any election made by my Personal Representative in accordance with this
ARTICLE FOURTH, the decision of my Personal Representative with regard to the foregoing
shall be conclusive on all concerned.
N To access, use and control my “digital assets,” as hereinafter defined in ARTICLE
SEVENTH, to categorize the same as tangible personal property or otherwise (tangible or intel-
lectual) as appropriate, and to have all powers with respect to such “digital assets” as are necessary
and/or appropriate to facilitate the proper administration and distribution of my estate, including,
but not limited to (1) having access to any and all passwords associated with such digital assets;
(2) having access to any electronically stored information of mine and the contents of any com-
munication that is electronically stored; and (3) obtaining copies of any digital assets from any
person or entity that possesses, custodies or controls such digital assets. My Personal Representa-
tive may employ any consultants or agents to advise or assist my Personal Representative in de-
crypting any encrypted electronically stored information of mine or in bypassing, resetting or re-
covering any password or other kind of authentication or authorization, and I hereby authorize my
Personal Representative to take any of these actions to access my digital assets.
ARTICLE FIFTH: Payments of Debts and Expenses: All of my debts, funeral expenses and ex-
penses of administration and all federal and state taxes in the nature of estate, inheritance, succes-
sion, transfer or like taxes, including interest and penalties thereon, arising or owing on, or by
reason of, my death with respect to any property passing under this Will shall be borne and paid
from my residuary estate. Any such aforesaid federal and state taxes payable with respect to prop-
erty or proceeds passing outside this Will shall be proportionately borne and paid by the recipients
thereof. 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 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, joint owner taking by survi-
vorship or beneficiary receiving such property or interest in property shall take it subject to all
encumbrances existing at the time of my death.
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ARTICLE SIXTH: Representation: For the purposes of this Last Will and Testament, and except
as provided elsewhere herein, a minor devisee, if any, shall be represented by his or her parent(s)
with whom he or she resides, including a parent who may be the Personal Representative or a
Personal Representative hereunder, and if such parent is not able or willing to represent the minor
devisee for any reason, such minor devisee shall be represented by a guardian or conservator ap-
pointed by a court, if any. In the case of an incompetent devisee, such devisee shall be represented
by his or her Attorney-in-Fact, provided that such Attorney-in-Fact has the requisite authority to
act on behalf of such devisee, otherwise by a guardian or conservator appointed by a court, if any.
Notwithstanding the foregoing and only if the parent with whom a minor devisee resides, the At-
torney-in-Fact of an incompetent devisee, and/or a court-appointed guardian or conservator of a
minor devisee or an incompetent devisee, as the case may be, is not able or willing to represent
such devisee or there is no such Attorney-in-Fact or guardian or conservator appointed by a court,
then in any such case and in the case of a devisee whose identity or location is unknown and not
reasonably ascertainable, such devisee may be represented by and bound by another devisee hav-
ing a substantially identical interest in my estate, provided, however, that no such devisee shall be
represented by a devisee with whom he or she has a conflict of interest. Any representative acting
pursuant to this ARTICLE SIXTH may assent or object to any petition, action or other matter on
behalf of the devisee and such representative may receive and/or approve any account, execute
any receipt and receive any notice, or otherwise act on behalf of such devisee as required or per-
mitted hereunder or by statute or other rule of law, and any such action by such representative shall
be binding upon such devisee, his or her estate, heirs, successors and assigns, and shall be of the
same force and effect as if delivered to or executed by such devisee. I specifically request that no
guardian ad litem be appointed to represent the interests of minors, incompetents or persons unborn
or unascertained unless my Personal Representative or any court deems such appointment to be
necessary to preserve a devisee’s interest in my estate.
ARTICLE SEVENTH: Definitions and Clarifications: As used herein the term “Personal Repre-
sentative” shall be interpreted to refer to both of my initial Personal Representatives whether serv-
ing together or alone, as well as to any successor or successor personal representatives, and shall
be deemed to include the plural as well as the singular. Whenever the term “Personal Representa-
tive” is used herein, it shall also include any executor, administrator or other fiduciary, whether
acting in a permanent, temporary or special capacity. Whenever distribution of property is to be
made “by right of representation” such distribution shall be made per stirpes and not per capita at
each generation. The use of a particular gender shall include any other gender, and references to
the singular or the plural shall be interchangeable. All references to the Internal Revenue Code
shall mean the Internal Revenue Code of 1986 or any successor Code as the same may from time
to time be amended. All references to estate taxes shall include inheritance and other death taxes.
The term “digital assets” shall include files stored on my digital devices, including but not limited
to, desktop computers, laptop computers, tablets, peripherals, storage devices, mobile telephones,
smartphones, and any similar digital device which currently exists or may exist as technology
develops or such comparable items as technology develops. The term “digital assets” shall also
include, but shall not be limited to, e-mail communications, whether such communication(s)
has/have been sent, received, drafted and/or deleted; e-mail accounts; digital music; digital photo-
graphs; digital videos; software licenses; social network accounts; file sharing accounts; financial
accounts; domain registrations; Domain Name System (DNS) service accounts; web hosting ac-
counts; tax preparation service accounts; online stores; affiliate programs; user accounts,” includ-
ing but not limited to an established relationship between a user and a computing device or between
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a user and a provider of Internet or other network access, electronic communication services, or
remote computing services, whether public or private; other online accounts and similar digital
items which currently exist or may exist as technology develops or such comparable items as tech-
nology develops, regardless of the ownership of the physical device upon which the digital item is
stored, The terms used in this ARTICLE SEVENTH are to be construed as broadly as possible.
Headings and subheadings have been inserted for the convenience of reference only and are to be
ignored in the construction of the provisions of this Last Will and Testament.
ARTICLE EIGHTH: Decisions by Personal Representative: Any decision by my Personal Repre-
sentative with respect to any discretionary power hereunder shall be final and binding on all per-
sons interested. Unless due to such Personal Representative’s own willful default or gross negli-
gence, no Personal Representative shall be liable for said Personal Representative’s acts or omis-
sions or those of any additional Personal Representative or prior Personal Representative.
ARTICLE NINTH: Bond: No bond shall be required of any Personal Representative or Fiduciary,
whether or not specifically named in this Last Will and Testament, or if a bond is required by law,
then no surety will be required on such bond.
ARTICLE TENTH: Spendthrift Provision: The interest of any beneficiary in any share or part of
this Last Will and Testament, both principal and income, shall not be voluntarily or involuntarily
transferred and shall not be attachable, nor paid by way of anticipation, nor transferred or paid in
compliance with any judicial or other similar order and shall not be applied to, or held liable for,
any of his or her debts or obligations either in law or equity and shall not in any event pass to his,
her or their assignee under any insolvency or bankruptcy law, and shall not be subject to the inter-
ference or control of creditors, spouses, former spouses or others.
ARTICLE ELEVENTH: Survivorship: If any beneficiary fails to survive me by thirty (30) days,
then any devise to that beneficiary shall pass as though the beneficiary had predeceased me.
I, PAULINE M. MOODY, the Testator, sign my name to this instrument this 20" day of April,
2016 and being first duly sworn, do hereby declare to the undersigned authority that I sign and
execute this instrument as my will and that I sign it willingly, that I execute it as my free and
voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older,
of sound mind, and under no constraint or undue influence.
Fhe
PAULINE M.
LoL
MOODY, Testator
We, and >
the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to
the undersigned authority that the Testator signs and executes this instrument as the Testator’s will
and that the Testator signs it willingly (or willingly directs another to sign for the Testator), and
that each of us, in the presence and hearing of the Testator, hereby signs this will as witness to the
Testator’s signing, and that to the best of our knowledge the Testator is eighteen (18) years of age
or older, of sound mind, and under no constraint or undue influence.
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