|
|
| Knight
Case | Interviews
| Evidence
| Photos
| Biographies
| Search
| Home
|
|
|
|
I, Frank Knight, a resident of Arkansas, declare that
this is my will. My Social Security Number is ***-**-****
REVOCATION OF PREVIOUS WILLS
FIRST: I revoke all wills and codicils that I have
previously made.
MARITAL STATUS
SECOND: I am married to Judith Veeder Knight.
CHILDREN
THIRD: I have the following child(ren) now living:
Purity Marie knight.
FAILURE TO LEAVE PROPERTY
FOURTH: If I do not leave property in this will to one
or more of the children or grandchildren whom I
have identified above, my failure to do so is
intentional.
DEFINITIONS
FIFTH: As used in this will, the term "specific bequest"
refers to a gift of specifically identified property that
I leave in this will. The term "residuary estate" refers
to all property subject to this will that is not passed
by specific bequest or that is specifically left to or
becomes a part of my residuary estate when a
beneficiary of a specific bequest fails to survive me.
The term "residuary bequest" refers to a gift of all or
a portion of my residuary estate.
SPECIFIC BEQUESTS OF PROPERTY
SIXTH: I give IBM Stocks to The Church of the
Avenger. However, if one of these beneficiaries does
not survive me, the surviving beneficiaries shall take
his or her share equally. If there are no surviving
beneficiaries, the property shall go the Center for
Study of Southern Culture.
SEVENTH: I give the house, cars and all properties to
Judith Veeder Knight. However, if Judith Veeder
Knight does not survive me, the property shall go to
The Church of the Avenger.
EIGHTH: I give 25 gourd heads, Statue of Liberty
cutouts and $100,000 to Purity Marie Knight.
However, if Purity Marie Knight does not survive me,
the property shall go to The Church of the Avenger.
RESIDUARY ESTATE
NINTH: I give my residuary estate to The Church of
the Avenger.
ENCUMBRANCES AND LIENS
TENTH: All personal and real property I give in a
specific or residuary bequest shall pass subject to any
encumbrances or liens on the property.
SURVIVORSHIP PERIOD
ELEVENTH: When this will states that a beneficiary
must survive me for the purpose of receiving a
specific bequest or residuary bequest, he or she must
survive me by 45 days.
DIVISION OF BEQUESTS
TWELFTH: Any specific bequest or residuary bequest
made in this will to two or more beneficiaries shall be
shared equally among them, unless unequal shares
are specifically indicated.
PROPERTY MANAGEMENT
THIRTEENTH: All specific bequests and residuary
bequests made in this will to Purity Marie Knight
shall be held in a separate trust for Purity Marie
Knight until he or she reaches age 28. This trust shall
be managed under the trust administration provisions
set forth in this will. The trustee for the Purity Marie
Knight trust shall be Uncle Rudy Knight. If Uncle Rudy
Knight cannot serve, the trustee shall be Richard
Howorth. No bond shall be required of any trustee.
TRUST ADMINISTRATION PROVISIONS
FOURTEENTH: All trusts established in this will shall
be managed subject to the following provisions:
(a) Any trust income which is not distributed to a
beneficiary by the trustee shall be accumulated and
added to the principal of the trust administered for
that beneficiary.
(b) Until a trust beneficiary reaches the age specified
for final distribution of the principal, the trustee may
distribute some or all of the principal or net income of
the trust as the trustee deems necessary for the
child's health, support, maintenance and education.
"Education" includes, but is not limited to, college,
graduate, postgraduate and vocational studies and
reasonably-related living expenses.
(c) In deciding whether to make a distribution to a
beneficiary, the trustee may take into account the
beneficiary's other income, resources and sources of
support.
(d) A trust shall terminate when:
(1) the beneficiary reaches the age specified for
final distribution of the principal
(2) the beneficiary dies before the age specified for
final distribution of the principal, or
(3) the trust principal is exhausted through
distributions allowed under these provisions.
If a trust terminates for reason (1), the remaining
principal and accumulated net income of the trust
shall pass to the beneficiary. If a trust terminates for
reason (2), the principal and accumulated net income
of the trust shall pass under the beneficiary's will, or
if there is no will, to his or her heirs.
(e) In addition to other powers granted a trustee in
this will, a trustee shall have:
(1) all the powers generally conferred on trustees
by the laws of the state having jurisdiction over the
trust
(2) the powers conferred by this will on the
personal representative as to accumulated property
and income in each trust, and
(3) the authority to hire and pay from trust assets
the reasonable fees of investment advisors,
accountants, tax advisors, agents, attorneys and other
assistants to administer the trust, manage any trust
asset and handle any litigation affecting the trust.
(f) It is my intent that any trust established in this
will be administered independently of court
supervision to the maximum extent possible under
the laws of the state having jurisdiction over the
trust.
(g) The interests of any beneficiary of a trust
established in this will shall not be transferable by
voluntary or involuntary assignment or by operation
of law and shall be free from the claims of creditors
and from attachment, execution, bankruptcy, or other
legal process to the fullest extent permitted by law.
(h) Any trustee serving under the terms set forth in
these provisions shall be entitled to reasonable
compensation out of trust assets for ordinary and
extraordinary services, and for all services in
connection with the complete or partial termination of
any trust created by this will.
(i) The invalidity of any trust provision of this will
shall not affect the validity of the remaining
provisions.
PERSONAL REPRESENTATIVE
FIFTEENTH: I name Richard Howorth as my personal
representative. No personal representative shall be
required to post bond.
PERSONAL REPRESENTATIVE'S POWERS
SIXTEENTH: I direct my personal representative to
take all actions legally permissible to have the
probate of my will done as simply and as free of court
supervision as possible under the laws of the state
having jurisdiction over this will, including filing a
petition in the appropriate court for the independent
administration of my estate.
SEVENTEENTH: I grant to my personal representative
the following powers, to be exercised as he or she
deems to be in the best interests of my estate:
1) To retain property without liability for loss or
depreciation.
2) To dispose of property by public or private sale,
or exchange, or otherwise, and receive and administer
the proceeds as a part of my estate.
3) To vote stock, to exercise any option or privilege
to convert bonds, notes, stocks or other securities
belonging to my estate into other bonds, notes, stocks
or other securities, and to exercise all other rights and
privileges of a person owning similar property.
4) To lease any real property in my estate.
5) To abandon, adjust, arbitrate, compromise, sue
on or defend and otherwise deal with and settle
claims in favor of or against my estate.
6) To continue or participate in any business which
is a part of my estate, and to incorporate, dissolve or
otherwise change the form of organization of the
business.
The powers, authority and discretion I grant to my
personal representative are intended to be in addition
to the powers, authority and discretion vested in him
or her by operation of law by virtue of his or her
office, and may be exercised as often as is deemed
necessary or advisable, without application to or
approval by any court.
PAYMENT OF DEBTS
EIGHTEENTH: Except for liens and encumbrances
placed on property as security for the repayment of a
loan or debt, I instruct my personal representative to
pay all debts and expenses, using my residuary
estate.
PAYMENT OF TAXES
NINETEENTH: I instruct my personal representative to
pay all estate and inheritance taxes assessed against
property in my estate or against my beneficiaries as
provided for by the laws of Arkansas.
NO CONTEST PROVISION
TWENTIETH: If any beneficiary under this will
contests this will or any of its provisions, any share or
interest in my estate given to the contesting
beneficiary under this will is revoked and shall be
disposed of in the same manner as if that contesting
beneficiary had failed to survive me and left no living
children.
SIGNATURE
I, Frank Knight, the testator, sign my name to this
instrument, this 20 day of December, 1996, at 1 PM. I
declare that I sign and execute this instrument as my
last will, that I sign it willingly, and that I execute it
as my free and voluntary act. I declare that I am of
the age of majority or otherwise legally empowered
to make a will, and under no constraint or undue
influence.
________________________
(Signed)
WITNESSES
We, the witnesses, sign our names to this instrument,
and declare that the testator willingly signed and
executed this instrument as the testator's last will.
Each of us, in the presence of the testator, and in the
presence of each other, sign this will as witness to the
testator's signing.
To the best of our knowledge, the testator is of the
age of majority or otherwise legally empowered to
make a will, is mentally competent and under no
constraint or undue influence.
We declare under penalty of perjury that the
foregoing is true and correct, this 20 day of December
,1996, at 1 PM.
Witness #1: Gary Owens
Residing at: 123 Pearl cove, Mtn Home, AR
Witness #2: Bernie Owens
Residing at: 123 Pearl cove, Mtn Home, AR
Witness #3: Evie Dobbs
Residing at: Falcon Road, Mtn Home, AR
|