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LAST WILL AND TESTAMENT
OF
ANGELO T. PAPPAS
I, Angelo T. Pappas, of Worcester, Massachusetts, do make this my
last Will, hereby revoking all former Wills.
Al Ei
1.1. The term.tangible personal property includes furniture, clothing,
jewelry, silver, books, pictures, china, automobiles, tools and other articles
of personal and household use or ornament which I have not otherwise
effectively disposed of in this Will. Such term does not include money,
securities, bank books and the like.
1.2 All articles of tangible personal property as defined above which
I own at my death I give in shares of approximately equal value to my:
children who survive me.
1.3 . In case a dispute shall arise as to the division of such articles,
my Personal Representative shall have full power and. authority to cause
such division and distribution to be made by any method my Personal
Representative deems fair and equitable; provided, however, that such
method shall be impartial and shall not involve any exercise of judgment or
discretion by my Personal Representative except in determining what the
method shall be. All decisions of my Personal Representative under this
paragraph shall be conclusive and binding on all persons interested in my
estate.
1.4 I may leave a signed written memorandum, statement or list
disposing of items of tangible personal property. If my written
memorandum, statement or list is found and is identified as such by my
Personal Representative no later than thirty (30) days after the probate of
this Will, then my written memorandum, statement or list is to be given
effect to the extent authorized by law and is to take precedence over any
contrary devise or devises of the same item or items of property in this Will.
ARTICLE 2
2.1 My residuary estate includes all the residue of my assets of
every kind, wherever located, which I own at my death. It includes all future
at
1interests and all assets which I have not otherwise effectively disposed of,
either because an intended beneficiary failed to survive, or for any other
reason. I do not intend to exercise any power of appointment by this
residuary disposition. Therefore, my residuary estate does not include any
asset over which I have a power of appointment.
2.2 ‘If at my death I.own my real estate at 75 Moreland Street,
Worcester, Massachusetts, I leave such real estate to my daughter, Margaret
M. Pappas, if she survives me. If Margaret M. Pappas does not survive me,
then such real estate shall pass as part of my residuary estate in accordance
with the next succeeding section 2.3.
2.3 I leave my residuary estate as follows:
a. I leave Twenty-Five Percent (25%) of my residuary estate
to my daughter, Margaret M. Pappas, if she survives me. If Margaret M.
Pappas does not survive me, then I leave her share to her descendants by
right of representation;
b. I leave Twenty-Five Percent (25%) of my residuary estate
to my son, Thomas F. Pappas, if he survives me. If Thomas F. Pappas does
not survive me, then I leave his share to his spouse, Christine J. Pappas, if
she survives me, and provided my said son’s spouse was living with and
married to my son at the time of his death. If the said Christine J. Pappas
does not survive me or was not living with and married to my said son at the
time of his death, then I leave this share to his descendants by right of
representation;
c. I leave Twenty-Five Percent (25%) of my residuary estate
to my son, John T. Pappas, if he survives me. If John T. Pappas does not
survive me, then I leave his share to his spouse, Denise E. Pappas, if she
survives me, and provided my said son’s spouse was living with and married
to my son at the time of his death. If the said Denise E. Pappas does not
survive me‘or was not living with and. married to my said son at the time of
his death, then I leave this share to his descendants by right of
representation; and
id. I leave Twenty-Five Percent (25%) of my residuary estate
to my daughter, Mary E. Cataldo, if she survives me. If Mary E. Cataldo
does not survive me, then I leave her share to her spouse, Peter J. Cataldo,
if he survives me, and provided my said daughter’s spouse was living with
and married to my daughter at the time of her death. If the said Peter J.
Cataldo does not survive me or was not living with and married to my said
2 ytdaughter at the time of her death, then I leave this share to her descendants
by right of representation.
ARTICLE 3
I direct my Personal Representative to pay, compromise or otherwise
discharge, out of my residuary estate as part of the expense of
administering my estate, all estate, inheritance and other death taxes, and
any interest and penalties thereon, validly assessed or imposed by reason of
my death with respect to any property passing under this Will, and no part
thereof shall be charged or pro-rated to any beneficiary of this Will. I direct
that property which is not part of my probate estate shall bear its
proportionate share of any such taxes. The judgment of my Personal
Representative concerning the compromise and payment of such taxes and
the validity: of such taxes shall be conclusive on all parties in the absence of
bad faith.
ARTICLE 4
4.1. I nominate and request the appointment of Margaret M. Pappas
as Personal Representative of this Will. If she shall for any reason fail or
cease to serve as my Personal Representative, I nominate and request the
appointment of Thomas F. Pappas to be Personal Representative. If he shall
for any reason cease to serve as my Personal Representative, I nominate
and request the appointment of John T. Pappas to be Personal
Representative. If he shall for any reason cease to serve as my Personal
Representative, I nominate and request the appointment of Mary E. Cataldo
to be Personal Representative. If Mary E. Cataldo shall decline to serve as
my Personal Representative, I give her the power to nominate another
person to serve as Personal Representative in her place.
4.2 Each Personal Representative serving hereunder shall have all
the powers and discretion granted herein to my Personal Representative. No
Personal Representative shall be liable for any error in judgment or for
anything other than the Personal Representative’ s own willful default.
4.3 | I direct that the Personal Representative and Special Personal
Representative, if any, serving hereunder be exempt from furnishing a bond
or from giving surety on any bond required by law. I request that my
Personal Representative be appointed Special Personal Representative upon
application therefor.
4.4 I direct that the administration of my estate be unsupervised by
the court.
3 qr4.5 The term “Personal Representative” as used in this Will shall
include all persons at any time serving hereunder.as temporary executor,
executor, administrator with the will annexed, successor personal
representative, special administrator, special personal representative and
persons who perform substantially the same function under the law
governing their status.
ARTICLE 5
5.1 My Personal Representative and Special Personal Representative
shall have, in addition to and not in limitation of all common law and
‘statutory powers of the Commonwealth of Massachusetts or of any other
jurisdiction whose laws apply to this Will, the following powers in each case
to be exercised from time to time in the discretion of my Personal
Representative or Special Personal Representative as appropriate without
order or license of court:
(a) To retain and hold any portion of my estate in the same form of
investment in which the same is taken over, including investments that
would be regarded as imprudent, improper or unlawful by the “prudent
investor” rule or any other rule or law which restricts a fiduciary’s capacity to
invest and/or to dispose of the same or any part thereof at the sole risk of
my estate.
(b) To sell at public or private sale, to give options and to exchange,
lease or make contracts concerning, real or personal property for such
considerations and upon such terms as to credit or otherwise as my Personal
Representative or Special Personal Representative may determine and to
execute and deliver all appropriate instruments connected therewith, and no
purchaser need see to the application of the purchase price. Said leases and
contracts may extend beyond the term of the settlement of my estate.
(c) To make division or distribution in money or in kind or partly in
money and partly in kind, including securities, real property, and undivided
interests in real or personal property, making the necessary equalizations in
cash, but without regard to the income tax basis of any property so divided
or distributed and without the necessity of making any equitable adjustment
among the beneficiaries of my estate because of the tax or other effect of
such division or distribution, provided, however, that any distribution in kind
shall be made at the market value of the property distributed at current
values.(d) To pay any expense involved in the storage and delivery of any
tangible personal property and to charge the same as an expense of
administration.
(e) To make any distribution to which a minor is entitled hereunder to
such minor, his or her parent or guardian, or to a custodian for the minor
under the Uniform Transfers to Minors Act of any jurisdiction without liability
in any case to see to the application of such distribution and any such
payment or application shall constitute a discharge of my Personal
Representative and Special Personal Representative to the extent thereof.
(f) To make tax elections of all, kinds, and to exercise any discretion
granted to a Personal Representative or Special Personal Representative
under tax or other laws applicable to my estate, all such actions taken by my
Personal Representative or Special Personal Representative in this regard to
be conclusive and binding upon all parties.
(g) To retain and operate any business, incorporated or otherwise,
which I may own at the time of my death or which thereafter may be
acquired by my estate, or any interest therein, even if such retention and
operation involves business risks which Personal Representatives and Special
Personal Representatives would not ordinarily incur and whether or not such
interest is a controlling or minority interest. A Personal Representative or
Special Personal Representative, or any employee or agent of a Personal
Representative or Special Personal Representative, may be employed by any
such business and be paid a reasonable compensation for such services, and
the Personal Representative or Special Personal Representative may
delegate the operation or management of any such business to others.
(h) | To access, change or terminate any e-mail, internet, banking or
electronic accounts of any kind; to obtain all passwords or other information
necessary to carry out these powers.
ARTICLE 6
6.1' The words “give” and “leave” as used in this Will shall mean
devise.
6.2 Pronouns of any gender referring to the Personal Representative
or Speciali Personal Representative shall be deemed to include all genders,
and references to the singular or the plural shall be interchangeable.
AT?ARTICLE 7
7.1 I direct that in any proceeding relating to my estate, service of
notice need not be made upon (i) a minor if the minor’s parent is a party to
the proceeding and has no conflict of interest; or (ii) an unborn or
unascertained person if another person, not under a disability, is a party to
the proceeding and has the same interest as the unborn or unascertained
person. The minor, unborn or unascertained person shall nevertheless be
bound by the results of the proceeding. The same rule shall apply to
nonjudicial! settlements, releases, exonerations, and indemnities. I request
that to the extent permitted by law there be no appointment of a guardian
ad litem in'connection with any of my probate proceedings.
7.2 “For purposes of this-Will, a person shall not be deemed to
survive me if he or she shall die before the expiration of thirty (30) days
following the day of my death.
7.3 Ihave intentionally not provided for the descendants of my
deceased son, James Pappas, in this Will and I expressly exclude them from
taking an intestate share of my estate, if there shall be any. Insofar as I
have failed to provide in this Will for any of my descendants, whether born
or adopted before or after the date of this Will, such failure is intentional and
not occasioned by accident or mistake.
I, Angelo T. Pappas, the Testator, sign my name to this instrument
this 1% day of June, 2015 and being first duly sworn, do hereby declare to
the undersigned authority that I sign and execute this instrument as my last
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 years of age or
older, of sound mind, and under no constraint or undue influence.We, the undersigned 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 his Will and that he
signs it willingly, 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 years of age or older,
of sound mind, and under no constraint or undue influence.
Bas wok | VA Roe) of 668 Pleasant Street, Worcester, MA
Brenda M. Rivard '
Leda Cleo 25 Tahanto Road, Worcester, MA
Beatrice Cohen ~ :
COMMONWEALTH OF MASSACHUSETTS
Worcester, ‘ss.
Subscribed, sworn to and acknowledged before me by the said Angelo
T. Pappas, the Testator, and the witnesses this 1st day of June, 2015.
“
Kathe E. O'Connor, Notary Public
My commission expires: February 23, 2018
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LAST WILL AND TESTAMENT OF ANGELO T. PAPPAS I, Angelo T. Pappas, of Worcester, Massachusetts, do make this my last Will, hereby revoking all former Wills. Al Ei 1.1. The term.tangible personal property includes furniture, clothing, jewelry, silver, books, pictures, china, automobiles, tools and other articles of personal and household use or ornament which I have not otherwise effectively disposed of in this Will. Such term does not include money, securities, bank books and the like. 1.2 All articles of tangible personal property as defined above which I own at my death I give in shares of approximately equal value to my: children who survive me. 1.3 . In case a dispute shall arise as to the division of such articles, my Personal Representative shall have full power and. authority to cause such division and distribution to be made by any method my Personal Representative deems fair and equitable; provided, however, that such method shall be impartial and shall not involve any exercise of judgment or discretion by my Personal Representative except in determining what the method shall be. All decisions of my Personal Representative under this paragraph shall be conclusive and binding on all persons interested in my estate. 1.4 I may leave a signed written memorandum, statement or list disposing of items of tangible personal property. If my written memorandum, statement or list is found and is identified as such by my Personal Representative no later than thirty (30) days after the probate of this Will, then my written memorandum, statement or list is to be given effect to the extent authorized by law and is to take precedence over any contrary devise or devises of the same item or items of property in this Will. ARTICLE 2 2.1 My residuary estate includes all the residue of my assets of every kind, wherever located, which I own at my death. It includes all future at 1interests and all assets which I have not otherwise effectively disposed of, either because an intended beneficiary failed to survive, or for any other reason. I do not intend to exercise any power of appointment by this residuary disposition. Therefore, my residuary estate does not include any asset over which I have a power of appointment. 2.2 ‘If at my death I.own my real estate at 75 Moreland Street, Worcester, Massachusetts, I leave such real estate to my daughter, Margaret M. Pappas, if she survives me. If Margaret M. Pappas does not survive me, then such real estate shall pass as part of my residuary estate in accordance with the next succeeding section 2.3. 2.3 I leave my residuary estate as follows: a. I leave Twenty-Five Percent (25%) of my residuary estate to my daughter, Margaret M. Pappas, if she survives me. If Margaret M. Pappas does not survive me, then I leave her share to her descendants by right of representation; b. I leave Twenty-Five Percent (25%) of my residuary estate to my son, Thomas F. Pappas, if he survives me. If Thomas F. Pappas does not survive me, then I leave his share to his spouse, Christine J. Pappas, if she survives me, and provided my said son’s spouse was living with and married to my son at the time of his death. If the said Christine J. Pappas does not survive me or was not living with and married to my said son at the time of his death, then I leave this share to his descendants by right of representation; c. I leave Twenty-Five Percent (25%) of my residuary estate to my son, John T. Pappas, if he survives me. If John T. Pappas does not survive me, then I leave his share to his spouse, Denise E. Pappas, if she survives me, and provided my said son’s spouse was living with and married to my son at the time of his death. If the said Denise E. Pappas does not survive me‘or was not living with and. married to my said son at the time of his death, then I leave this share to his descendants by right of representation; and id. I leave Twenty-Five Percent (25%) of my residuary estate to my daughter, Mary E. Cataldo, if she survives me. If Mary E. Cataldo does not survive me, then I leave her share to her spouse, Peter J. Cataldo, if he survives me, and provided my said daughter’s spouse was living with and married to my daughter at the time of her death. If the said Peter J. Cataldo does not survive me or was not living with and married to my said 2 ytdaughter at the time of her death, then I leave this share to her descendants by right of representation. ARTICLE 3 I direct my Personal Representative to pay, compromise or otherwise discharge, out of my residuary estate as part of the expense of administering my estate, all estate, inheritance and other death taxes, and any interest and penalties thereon, validly assessed or imposed by reason of my death with respect to any property passing under this Will, and no part thereof shall be charged or pro-rated to any beneficiary of this Will. I direct that property which is not part of my probate estate shall bear its proportionate share of any such taxes. The judgment of my Personal Representative concerning the compromise and payment of such taxes and the validity: of such taxes shall be conclusive on all parties in the absence of bad faith. ARTICLE 4 4.1. I nominate and request the appointment of Margaret M. Pappas as Personal Representative of this Will. If she shall for any reason fail or cease to serve as my Personal Representative, I nominate and request the appointment of Thomas F. Pappas to be Personal Representative. If he shall for any reason cease to serve as my Personal Representative, I nominate and request the appointment of John T. Pappas to be Personal Representative. If he shall for any reason cease to serve as my Personal Representative, I nominate and request the appointment of Mary E. Cataldo to be Personal Representative. If Mary E. Cataldo shall decline to serve as my Personal Representative, I give her the power to nominate another person to serve as Personal Representative in her place. 4.2 Each Personal Representative serving hereunder shall have all the powers and discretion granted herein to my Personal Representative. No Personal Representative shall be liable for any error in judgment or for anything other than the Personal Representative’ s own willful default. 4.3 | I direct that the Personal Representative and Special Personal Representative, if any, serving hereunder be exempt from furnishing a bond or from giving surety on any bond required by law. I request that my Personal Representative be appointed Special Personal Representative upon application therefor. 4.4 I direct that the administration of my estate be unsupervised by the court. 3 qr4.5 The term “Personal Representative” as used in this Will shall include all persons at any time serving hereunder.as temporary executor, executor, administrator with the will annexed, successor personal representative, special administrator, special personal representative and persons who perform substantially the same function under the law governing their status. ARTICLE 5 5.1 My Personal Representative and Special Personal Representative shall have, in addition to and not in limitation of all common law and ‘statutory powers of the Commonwealth of Massachusetts or of any other jurisdiction whose laws apply to this Will, the following powers in each case to be exercised from time to time in the discretion of my Personal Representative or Special Personal Representative as appropriate without order or license of court: (a) To retain and hold any portion of my estate in the same form of investment in which the same is taken over, including investments that would be regarded as imprudent, improper or unlawful by the “prudent investor” rule or any other rule or law which restricts a fiduciary’s capacity to invest and/or to dispose of the same or any part thereof at the sole risk of my estate. (b) To sell at public or private sale, to give options and to exchange, lease or make contracts concerning, real or personal property for such considerations and upon such terms as to credit or otherwise as my Personal Representative or Special Personal Representative may determine and to execute and deliver all appropriate instruments connected therewith, and no purchaser need see to the application of the purchase price. Said leases and contracts may extend beyond the term of the settlement of my estate. (c) To make division or distribution in money or in kind or partly in money and partly in kind, including securities, real property, and undivided interests in real or personal property, making the necessary equalizations in cash, but without regard to the income tax basis of any property so divided or distributed and without the necessity of making any equitable adjustment among the beneficiaries of my estate because of the tax or other effect of such division or distribution, provided, however, that any distribution in kind shall be made at the market value of the property distributed at current values.(d) To pay any expense involved in the storage and delivery of any tangible personal property and to charge the same as an expense of administration. (e) To make any distribution to which a minor is entitled hereunder to such minor, his or her parent or guardian, or to a custodian for the minor under the Uniform Transfers to Minors Act of any jurisdiction without liability in any case to see to the application of such distribution and any such payment or application shall constitute a discharge of my Personal Representative and Special Personal Representative to the extent thereof. (f) To make tax elections of all, kinds, and to exercise any discretion granted to a Personal Representative or Special Personal Representative under tax or other laws applicable to my estate, all such actions taken by my Personal Representative or Special Personal Representative in this regard to be conclusive and binding upon all parties. (g) To retain and operate any business, incorporated or otherwise, which I may own at the time of my death or which thereafter may be acquired by my estate, or any interest therein, even if such retention and operation involves business risks which Personal Representatives and Special Personal Representatives would not ordinarily incur and whether or not such interest is a controlling or minority interest. A Personal Representative or Special Personal Representative, or any employee or agent of a Personal Representative or Special Personal Representative, may be employed by any such business and be paid a reasonable compensation for such services, and the Personal Representative or Special Personal Representative may delegate the operation or management of any such business to others. (h) | To access, change or terminate any e-mail, internet, banking or electronic accounts of any kind; to obtain all passwords or other information necessary to carry out these powers. ARTICLE 6 6.1' The words “give” and “leave” as used in this Will shall mean devise. 6.2 Pronouns of any gender referring to the Personal Representative or Speciali Personal Representative shall be deemed to include all genders, and references to the singular or the plural shall be interchangeable. AT?ARTICLE 7 7.1 I direct that in any proceeding relating to my estate, service of notice need not be made upon (i) a minor if the minor’s parent is a party to the proceeding and has no conflict of interest; or (ii) an unborn or unascertained person if another person, not under a disability, is a party to the proceeding and has the same interest as the unborn or unascertained person. The minor, unborn or unascertained person shall nevertheless be bound by the results of the proceeding. The same rule shall apply to nonjudicial! settlements, releases, exonerations, and indemnities. I request that to the extent permitted by law there be no appointment of a guardian ad litem in'connection with any of my probate proceedings. 7.2 “For purposes of this-Will, a person shall not be deemed to survive me if he or she shall die before the expiration of thirty (30) days following the day of my death. 7.3 Ihave intentionally not provided for the descendants of my deceased son, James Pappas, in this Will and I expressly exclude them from taking an intestate share of my estate, if there shall be any. Insofar as I have failed to provide in this Will for any of my descendants, whether born or adopted before or after the date of this Will, such failure is intentional and not occasioned by accident or mistake. I, Angelo T. Pappas, the Testator, sign my name to this instrument this 1% day of June, 2015 and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last 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 years of age or older, of sound mind, and under no constraint or undue influence.We, the undersigned 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 his Will and that he signs it willingly, 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 years of age or older, of sound mind, and under no constraint or undue influence. Bas wok | VA Roe) of 668 Pleasant Street, Worcester, MA Brenda M. Rivard ' Leda Cleo 25 Tahanto Road, Worcester, MA Beatrice Cohen ~ : COMMONWEALTH OF MASSACHUSETTS Worcester, ‘ss. Subscribed, sworn to and acknowledged before me by the said Angelo T. Pappas, the Testator, and the witnesses this 1st day of June, 2015. “ Kathe E. O'Connor, Notary Public My commission expires: February 23, 2018