|
I, JOSEPH P. DIMAGGIO, of the City
of Hollywood, County of Broward and
State of Florida, being of sound and
disposing mind and memory do hereby
make, publish and declare this to
be my Last Will and Testament, hereby
revoking any and all Wills and Codicils
by me heretofore made.
ARTICLE I
STATEMENT ON FAMILY MEMBERS
I am not married, and I have one
adult child and two (2) grandchildren,
to wit: my son, JOSEPH PAUL
DIMAGGIO, JR., and my grandchildren,
KATHERINE MARIE DIMAGGIO and PAULA
SUE DIMAGGIO, both of whom are adopted
children of my said son.
ARTICLE II
PAYMENT OF DEBTS, TAXES AND COSTS
OF ADMINISTRATION
I direct that all estate, inheritance,
succession and other death taxes of
any nature, together with any interest
and penalties thereon, which may be
levied or assessed by reason of my
death by the laws of any state or
of the United States with respect
to property passing under this Will
or any other property shall be considered
a cost of administration of my estate,
and that such taxes, together with
all debts which I am legally obligated
to pay at the time of my death, my
last illness and funeral expenses
and other costs of administration
of my estate, shall be paid out of
my residuary estate. In the event
my residuary estate is insufficient
to pay such debts, expenses, costs
and taxes, I direct that the amount
thereof in excess of residuary estate
shall be paid from other assets in
the order provided by law. I authorize
my Personal Representative to pay
any and all of my debts which it feels,
in its sole judgment and discretion,
to be just and reasonable without
the necessity of a formal claim being
filed in the court by the creditor;
provided, however, that my Personal
Representative shall file its sworn
statement with the court as to such
debts paid within the prescribed time
provided by law.
I authorize my Personal Representative
to spend such sums for funeral expenses,
the acquisition of a burial site,
the erection of a suitable headstone
or monument over my grave and for
the perpetual care of my grave as
he may think proper, without regard
to any provisions of law limiting
such expenditures.
ARTICLE III
CASH BEQUESTS
I hereby give and bequeath the sum
of One Hundred Thousand Dollars ($100,000)
to my nephew, JOSEPH DIMAGGIO (son
of my deceased brother, MIKE DIMAGGIO).
ARTICLE IV
BEQUEST OF TANGIBLE PERSONAL PROPERTY
A. I hereby give and bequeath to
my granddaughter, PAULA SUE DIMAGGIO,
outright, if living, any and all tangible
personal property, (excluding cash,
stocks, bonds and real estate) which
I may own at the time of my death.
This bequest includes, but is not
limited to, household furnishings,
silverware, china or linens, automobiles
and jewelry together with all the
prepaid insurance policies on the
above items. If PAULA SUE DIMAGGIO
shall not survive me, then I give,
devise and bequeath to her surviving
issue, in equal shares per stirpes,
all my tangible personal property
(excluding cash, stocks, bonds and
real estate) which I may own at the
time of my death. This bequest includes,
but is not limited to, household furnishings,
silverware, china or linens, automobiles
and jewelry together with all prepared
insurance policies on the above items.
B. Alternate Bequest. If
there is no living issue of PAULA
SUE DIMAGGIO, then I bequeath any
and all of my tangible personal property
to my granddaughter, KATHERINE MARIE
DIMAGGIO, outright, if living, if
not, then to her issue, in equal shares,
per stirpes. My granddaughter's issue
shall divide such property among themselves
amicably if able to do so; otherwise,
my Personal Representative shall make
the division in any manner deemed
advisable, and the decisions of my
Personal Representative shall be final
and binding on all concerned.
If any beneficiary should be under
the age of eighteen (18) years at
the time distribution is required
to be made to him or her under this
Article of my Last Will and Testament,
my Personal Representative is authorized
to distribute such beneficiary's portion
of this property to any suitable person
selected by them, to be free of trust,
for distribution to such beneficiary
when he or she reaches his or her
majority, and a receipt of such person
shall constitute a complete acquittance
to my Personal Representative.
C. Any property that is not
distributed under this Article because
the named beneficiary does not survive
me, shall pass under and be distributed
as part of residuary estate.
ARTICLE V
YANKEE CLIPPER ENTERPRISES, INC.
I hereby direct that my Personal
Representative liquidate the corporation,
YANKEE CLIPPER ENTERPRISES, INC.,
of which I owe one hundred percent
(100%) of the outstanding stock as
soon after ny death as possible. My
personal Representative shall have
the power to appoint directors and
officers of YANKEE CLIPPER ENTERPRISES,
INC. to effectuate the necessary liquidation
of the corporation. I direct that
all real estate owned by the corporation
be sold as soon as possible after
my death. I direct that the assets
of the Corporation on liquidation
be distributed to my residuary estate
pursuant to the terms and conditions
thereof.
ARTICLE VI
GREAT GRANDCHILDREN'S TRUSTS
I give, devise and bequeath the
following:
(A) The sum of Two Hundred Fifty
Thousand Dollars ($250,000) to my
Trustees IN TRUST, for the following
uses and purposes, said Trust to be
know as the KENDAHL R. STEIN TRUST:
(1) Use of Income.
My Trustee shall distribute all of
the net income of the Trust on a monthly
or more convenient basis, but at least
quarterly, to or for the benefit of
my great granddaughter, KENDAHL R.
STEIN.
While any beneficiary is under
the age of twenty-one (21), the
Trustee shall use so much of the
income of her fund for her reasonable
support, comfort and education,
as the Trustee determines to be
required for these purposes. After
she attains the age of twenty-one
(21), the Trustee shall pay all
of the current net income of her
fund for her.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my great granddaughter,
KENDAHL R. STEIN , from her Trust,
so much of the principal of the
Trust as may be needed for her proper
maintenance, support, education,
health and welfare. Said distribution
shall be at the sole and absolute
discretion of my Trustee and any
such distribution made by my Trustee
shall be final and binding upon
all persons whomsoever, and my Trustee
shall be liable only for their acts
or gross negligence and willful
misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution
of Principal. My Trustee shall
distribute to my great granddaughter,
KENDAHL R. STEIN, from her separate
Trust one-third (1/3) of the principal
of her fund at the age of thirty
(30). When my granddaughter shall
have attained the age of thirty-five(35)
years, the Trustee shall distribute
to her one-half (1/2) of the remaining
principal of her fund. When my granddaughter
shall have attained the age of forty
(40) years, the Trustee shall distribute
to her the balance of the funds.
(4) Death of Great Grandchild.
Should my great granddaughter, KENDAHL
R. STEIN, die before her separate
Trust has been distributed absolutely
to her, the then remaining principal
of such Trust shall be distributed
to her issue, in equal shares, per
stirpes, and if none, then to her
brother, MITCHELL J. STEIN, if living,
and if not, then to her brother's
issue, in equal shares, per stirpes.
Any portion thereof so divided and
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has not yet been
fully distributed shall be added
to the principal of such trust and
managed and distributed as a part
thereof under the terms of this
Article; and any portion thereof
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has been fully distributed
shall be distributed absolutely
to such issue.
(B) The sum of Two Hundred Fifty
Thousand Dollars ($250,000) to my
Trustees, IN TRUST, for the following
uses and purposes, said Trust to be
know as the MITCHELL J. STEIN TRUST:
(1) Use of Income.
My Trustee shall distribute all of
the net income of the Trust on a monthly
or more convenient basis, but at least
quarterly, to or for the benefit of
my great granddaughter, MITCHELL J.
STEIN.
While any beneficiary is under
the age of twenty-one (21), the
Trustee shall use so much of the
income of his fund for his reasonable
support, comfort and education,
as the Trustee determines to be
required for these purposes. After
he attains the age of twenty-one
(21), the Trustee shall pay all
of the current net income of his
fund to him.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my great grandson,
MITCHELL J. STEIN, from his Trust,
so much of the principal of the
Trust as may be needed for his proper
maintenance, support, education,
health and welfare. Said distribution
shall be at the sole and absolute
discretion of my Trustee and any
such distribution made by my Trustee
shall be final and binding upon
all persons whomsoever, and my Trustee
shall be liable only for their acts
or gross negligence and willful
misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution
of Principal. My Trustee shall
distribute to my great grandson,
MITCHELL J. STEIN, from his separate
Trust one-third (1/3) of the principal
of his fund at the age of thirty
(30). When my grandson shall have
attained the age of thirty-five(35)
years, the Trustee shall distribute
to him one-half (1/2) of the remaining
principal of his fund. When my grandson
shall have attained the age of forty
(40) years, the Trustee shall distribute
to him the balance of the funds.
(4) Death of Great Grandchild.
Should my great grandson, MITCHELL
J. STEIN, die before his separate
Trust has been distributed absolutely
to him, the then remaining principal
of such Trust shall be distributed
to his issue, in equal shares, per
stirpes, and if none, then to his
sister brother, KENDAHL R. STEIN,
if living, and if not, then to his
sister's issue, in equal shares,
per stirpes. Any portion thereof
so divided and set apart for any
issue who is the beneficiary of
a separate trust hereunder which
has not yet been fully distributed
shall be added to the principal
of such trust and managed and distributed
as a part thereof under the terms
of this Article; and any portion
thereof set apart for any issue
who is the beneficiary of a separate
trust hereunder which has been fully
distributed shall be distributed
absolutely to such issue.
(A) The sum of Five Hundred Thousand
Dollars ($500,000) to my Trustees,
IN TRUST, for the following uses and
purposes, said Trust to be know as
the VALERIE F. HAMRA TRUST:
(1) Use of Income.
My Trustee shall distribute all of
the net income of the Trust on a monthly
or more convenient basis, but at least
quarterly, to or for the benefit of
my great granddaughter, VALERIE F.
HAMRA .
While any beneficiary is under
the age of twenty-one (21), the
Trustee shall use so much of the
income of her fund for her reasonable
support, comfort and education,
as the Trustee determines to be
required for these purposes. After
she attains the age of twenty-one
(21), the Trustee shall pay all
of the current net income of her
fund for her.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my great granddaughter,
VALERIE F. HAMRA, from her Trust,
so much of the principal of the
Trust as may be needed for her proper
maintenance, support, education,
health and welfare. Said distribution
shall be at the sole and absolute
discretion of my Trustee and any
such distribution made by my Trustee
shall be final and binding upon
all persons whomsoever, and my Trustee
shall be liable only for their acts
or gross negligence and willful
misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution
of Principal. My Trustee shall
distribute to my great granddaughter,
VALERIE F. HAMRA, from her separate
Trust one-third (1/3) of the principal
of her fund at the age of thirty
(30). When my granddaughter shall
have attained the age of thirty-five
(35) years, the Trustee shall distribute
to her one-half (1/2) of the remaining
principal of her fund. When my granddaughter
shall have attained the age of forty
(40) years, the Trustee shall distribute
to her the balance of the funds.
(4) Death of Great Grandchild.
Should my great granddaughter, VALERIE
F. HAMRA, die before her separate
Trust has been distributed absolutely
to her, the then remaining principal
of such Trust shall be distributed
to her issue, in equal shares, per
stirpes, and if none, then to her
sister VANESSA S. HAMRA, if living,
and if not, then to her sister's
issue, in equal shares, per stirpes.
Any portion thereof so divided and
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has not yet been
fully distributed shall be added
to the principal of such trust and
managed and distributed as a part
thereof under the terms of this
Article; and any portion thereof
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has been fully distributed
shall be distributed absolutely
to such issue.
(A) The sum of Five Hundred Thousand
Dollars ($500,000) to my Trustees,
IN TRUST, for the following uses and
purposes, said Trust to be know as
the VANESSA S. HAMRA TRUST:
(1) Use of Income.
My Trustee shall distribute all of
the net income of the Trust on a monthly
or more convenient basis, but at least
quarterly, to or for the benefit of
my great granddaughter, VANESSA S.
HAMRA .
While any beneficiary is under
the age of twenty-one (21), the
Trustee shall use so much of the
income of her fund for her reasonable
support, comfort and education,
as the Trustee determines to be
required for these purposes. After
she attains the age of twenty-one
(21), the Trustee shall pay all
of the current net income of her
fund for her.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my great granddaughter,
VANESSA S. HAMRA , from her Trust,
so much of the principal of the
Trust as may be needed for her proper
maintenance, support, education,
health and welfare. Said distribution
shall be at the sole and absolute
discretion of my Trustee and any
such distribution made by my Trustee
shall be final and binding upon
all persons whomsoever, and my Trustee
shall be liable only for their acts
or gross negligence and willful
misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution
of Principal. My Trustee shall
distribute to my great granddaughter,
VANESSA S. HAMRA , from her separate
Trust one-third (1/3) of the principal
of her fund at the age of thirty
(30). When my granddaughter shall
have attained the age of thirty-five
(35) years, the Trustee shall distribute
to her one-half (1/2) of the remaining
principal of her fund. When my granddaughter
shall have attained the age of forty
(40) years, the Trustee shall distribute
to her the balance of the funds.
(4) Death of Great Grandchild.
Should my great granddaughter, VANESSA
S. HAMRA , die before her separate
Trust has been distributed absolutely
to her, the then remaining principal
of such Trust shall be distributed
to her issue, in equal shares, per
stirpes, and if none, then to her
sister VALERIE F. HAMRA, if living,
and if not, then to her sister's
issue, in equal shares, per stirpes.
Any portion thereof so divided and
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has not yet been
fully distributed shall be added
to the principal of such trust and
managed and distributed as a part
thereof under the terms of this
Article; and any portion thereof
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has been fully distributed
shall be distributed absolutely
to such issue.
ARTICLE VII
RESIDUARY ESTATE
All of the rest, residue and remainder
of my estate of every kind, nature
and sort whatsoever, real personal
or mixed, legal or equitable and wheresoever
situated, which I may own, possess,
hold or be seized of or entitled to,
or over which I have any power of
appointment at the time of my death,
together with the income, rents, profits,
interest and increments thereof, which
may arise or accrue therefrom, I give,
devise and bequeath as follows:
A. Forty-five percent (45%) to the
JOSEPH PAUL DIMAGGIO, JR., TRUST to
be held, IN TRUST, by my Trustees
hereinafter named, for the following
uses and purposes:
(1) Use of Income.
My Trustee shall distribute the total
amount sum of Twenty Thousand Dollars
($20,000) of the net income of the
Trust on a monthly or more convenient
basis, but at least quarterly, to
my son, JOSEPH PAUL DIMAGGIO, JR.
All net income in excess of Twenty
Thousand Dollars ($20,000.00) shall
be accumulated and added to the principal
of the Trust. Notwithstanding the
fair market value of the assets of
his Trust, this provision as to the
net income must be strictly adhered
to.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my son, from his
Trust, so much of the principal
of the Trust as may be needed for
his proper maintenance, support,
health and welfare. Said distribution
shall be at the sole and absolute
discretion of my Trustee and any
such distribution made by my Trustee
shall be liable only for their acts
or gross negligence and willful
misconduct. The decision of my Trustee
shall not be questioned by
any beneficiary.
(3) General Power of Appointment.
Upon the death of my son, JOSEPH
P. DIMAGGIO, JR., all of the remaining
principal and accumulated income
of the JOSEPH P. DIMAGGIO, JR. TRUST
shall be distributed as my son,
JOSEPH P. DIMAGGIO, JR., may appoint
by his Will and by specific reference
to this Power of Appointment. The
Appointment may be made only to
discharge his personal legal obligations
owing at his death. Any property
that remains in the Trust at the
death of my son that has not been
appointed by his Will in accordance
with the above power vested in him
shall be used to pay such portion
of the estate taxes payable upon
his estate but not more than the
difference between the amount of
those taxes that would be payable
upon his taxable estate exclusive
of the value of this trust and the
amount of the taxes payable.
(4) Distribution Upon Death
of Son if Power of Appointment is
Not Exercised. In the default
of effective exercise of the above-referenced
General Power of Appointment, the
remaining principal shall be distributed
as follows:
(a) Thirty percent (30%) to the
KATHERINE MARIE DIMAGGIO TRUST created
under this my Last Will and Testament.
(b) Seventy percent (70%) to the
PAULA SUE DIMAGGIO TRUST created
under this my Last Will and Testament.
B. Fifteen percent (15%) to the
KATHERINE MARIE DIMAGGIO TRUST, to
be held, IN TRUST, by my Trustees
hereinafter named, for the following
uses and purposes:
(1) Use of Income.
My Trustee shall distribute all of
the net income to or for the benefit
of my granddaughter, KATHERINE MARIE
DIMAGGIO, from her Trust on a monthly
or more convenient basis, but at least
quarterly.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my granddaughter,
KATHERINE MARIE DIMAGGIO, from her
Trust, so much of the principal
of the Trust, so much of the principal
of the Trust as may be needed for
per proper maintenance, support,
education, health and welfare. Said
distribution shall be at the sole
and absolute discretion of my Trustee
and any such distribution made by
my Trustee shall be final and binding
upon all persons whomsoever, and
my Trustee shall be liable only
for their acts or gross negligence
and willful misconduct. The decision
of my Trustee shall not be
questioned by any beneficiary.
(3) General Power of Appointment.
Should my granddaughter, KATHERINE
MARIE DIMAGGIO, die before her separate
Trust has been distributed absolutely
to her, the then remaining principal
of such Trust shall be distributed,
upon the death of my granddaughter
as she may appoint by her Will and
by specific reference to this Power
of Appointment. The appointment
may be made only to discharge her
personal legal obligations owing
at her death. Any property that
remains in the Trust at the death
of my granddaughter that has not
been appointed by her Will in accordance
with the above power vested in her
shall be used to pay such portion
of the estate taxes payable upon
her estate as may be requested by
the Personal Representative of her
estate but not more than the difference
between the amount of those taxes
that would be payable upon her taxable
estate exclusive of the value of
this Trust and the amount of the
taxes payable.
(4) Distribution Upon Death
of Granddaughter if Power of Appointment
is Not Exercised. In the default
of effective exercise of the above-referenced
General Power of Appointment, the
remaining principal shall be distributed
to her living issue, per stirpes,
subject to the same terms and provisions
of the Trusts created for her children's
benefits in Article VII of this,
my Last Will and Testament. In the
event there are no such issue then
living, the then remaining principal
of the separate trust of my deceased
granddaughter shall be distributed
to the PAULA SUE DIMAGGIO TRUST.
Any portion thereof so divided and
set apart for any issue who is the
beneficiary of a separate trust
hereunder which has not yet been
fully distributed shall be added
to the principal of such trust and
held in further trust and managed
and distributed as a part thereof
under the terms of this Article;
and any portion thereof set apart
for any issue who is the beneficiary
of a separate trust hereunder which
has been fully distributed shall
be distributed absolutely to such
issue.
C. Forty percent (40%) to the PAULA
SUE DIMAGGIO TRUST, to be held, IN
TRUST by my Trustees hereinafter named,
for the for the following uses and
purposes:
(1) Use of Income.
My Trustee shall distribute all of
the net income to or for the benefit
of my granddaughter, PAULA SUE DIMAGGIO,
from her Trust on a monthly or more
convenient basis, but at least quarterly.
(2) Discretionary Distribution
of Principal. In addition, my
Trustee may distribute to or for
the benefit of my granddaughter,
PAULA SUE DIMAGGIO, from her Trust,
so much of the principal of the
Trust as may be needed for her proper
maintenance, support, education,
health and welfare. Said distribution
shall be at the sole and absolute
discretion of my Trustee and any
such distribution made by my Trustee
shall be final and binding upon
all persons whomsoever, and my Trustee
shall be liable only for their acts
or gross negligence and willful
misconduct. The decision of my Trustee
shall not be questioned by
any beneficiary.
(3) General Power of Appointment.
Should my granddaughter, PAULA SUE
DIMAGGIO, die before her separate
Trust has been distributed absolutely
to her, the then remaining principal
of such Trust shall be distributed,
upon the death of my granddaughter
as she may appoint by her Will and
by specific reference to this Power
of Appointment. The appointment
may be made only to discharge her
personal legal obligations owing
at her death. Any property that
remains in the Trust at the death
of my granddaughter that has not
been appointed by her Will in accordance
with the above power vested in her
shall be used to pay such portion
of the estate taxes payable upon
her estate as may be requested by
the Personal Representative of her
estate but not more than the difference
between the amount of those taxes
that would be payable upon her taxable
estate exclusive of the value of
this Trust and the amount of the
taxes payable.
(4) Distribution Upon Death
of Granddaughter if Power of Appointment
is Not Exercised. In the default
of effective exercise of the above-referenced
General Power of Appointment, the
remaining principal shall be distributed
to her living issue, per stirpes,
subject to the same terms and provisions
of the Trusts created for her children's
benefit in Article VII of this,
my Last Will and Testament. In the
event there are no such issue then
living, the then remaining principal
of the separate trust of my deceased
granddaughter shall be distributed
to the KATHERINE MARIE DIMAGGIO
TRUST. Any portion thereof so divided
and set apart for any issue who
is the beneficiary of a separate
trust hereunder which has not yet
been fully distributed shall be
added to the principal of such trust
and held in further trust and managed
and distributed as a part thereof
under the terms of this Article;
and any portion thereof set apart
for any issue who is the beneficiary
of a separate trust hereunder which
has been fully distributed shall
be distributed absolutely to such
issue.
Read
Part II
|