|
The following is the will of Jerry Garcia,
lead guitarist and vocalist of The Grateful
Dead. He died on Aug. 9, 1995.
TABLE OF CONTENTS
WILL OF JEROME J. GARCIA
REVOCATION OF PRIOR WILLS
DECLARATIONS
COMMUNITY PROPERTY
PERSONAL PROPERTY
GUITARS
DISTRIBUTION OF RESIDUE OF ESTATE
ULTIMATE DISTRIBUTION
TRUSTEE'S POWERS
PAYMENT OF TAXES AND EXPENSES
NO CONTEST CLAUSE
SPENDTHRIFT PROVISION
EXECUTOR'S APPOINTMENT AND POWERS
TRUSTEE'S APPOINTMENT AND COMPENSATION
GUARDIAN
DELAYED DISTRIBUTION
DEFINITIONS
WILL OF JEROME J. GARCIA
I, JEROME J. GARCIA, also known as JERRY
GARCIA, a resident of Marin County, California,
hereby make, publish and declare this to
be my Last Will and Testament.
FIRST REVOCATION OF PRIOR WILLS
I revoke all Wills and Codicils heretofore
made by me.
SECOND DECLARATIONS
I declare that I am married; my wife's name
is DEBORAH KOONS. We have no children by
our marriage. I have four children now living
from prior relationships, namely HEATHER
GARCIA KATZ, born December 8, 1963, ANNABELLE
WLAKER GARCIA, born February 2, 1970, THERESA
ADAMS GARCIA, born September 21, 1974, and
KEELIN GARCIA, born December 20, 1987. I
have no deceased children leaving issue,
and I have not adopted any children. The
terms ``child'' or ``children'' as used
in this Will shall refer only to my children
and if any person shall claim and establish
any right to participate in my estate other
than as provided in this Will, whether as
heir or in any other capacity whatsoever,
I give and bequeath to each such person
the sum of One Dollar ($1.00).
THIRD COMMUNITY PROPERTY
I declare my intention to dispose of all
property, real and personal, of which I
have the right to dispose by Will, including
any and all property as to which I may have
at the time of my death a power of appointment
by Will. I confirm to my wife her interest
in our community property. It is my intention
by this Will to dispose of all my separate
Property and of my one-half (1/2) interest
in our community property.
FOURTH PERSONAL PROPERTY
Except as specifically provided hereinbelow,
I give my jewelry, clothing, household furniture
and furnishings, personal automobiles, books,
pictures, objects of art and other tangible
articles of a personal nature, or my interest
in such property, which I may have at the
time of my death, not otherwise specifically
disposed of by this Will or in any other
manner, together with any insurance on such
property, to my wife, if she survives me
for sixty (60) days, and if she does not,
then to such of my children, by representation,
who survive me for sixty (60) days in equal
shares as they shall agree, or as my Executor
shall, in my Executor's discretion, determine
if my children do not agree within one hundred
fifty (150) days of my death.
In the absence of a conflict of interest,
my Executor shall represent any child under
age eighteen (18) in matter relating to
any distribution under this Article FOURTH,
including selection of the assets that shall
constitute that child's share, and my Executor
may, in my Executor's discretion, sell for
the child's account any part of that child's
share. Any property or its proceeds distributable
to a child under age eighteen (18) pursuant
to this Paragraph may be delivered without
bond to the guardian of such child or to
any suitable person with whom he or she
resides or who has the care or control of
him or her.
If neither my wife nor any of my children
shall survive me, then this gift shall lapse
and such property, and any insurance thereon,
shall become part of the residue of my estate.
FIFTH GUITARS
I give all my guitars made by DOUGLAS ERWIN,
to DOUGLAS ERWIN, or to his estate if he
predeceases me.
SIXTH DISTRIBUTION OF RESIDUE OF ESTATE
After payment of all my debts, my last illness
and funeral expenses, and provision for
my child support obligations for KEELIN
GARCIS, my marital settlement agreement
with CAROLYN ADAMS GARCIA which is being
drafted at the time of signing this will,
and my agreement with MANASHA MATHESON regarding
the house to be owned one-half by her and
one-half by the trust established for KEELIN
GARCIA which is being drafted at the time
of signing this will, my Executor shall
divide and distribute the remainder of my
estate for my wife/husband and children
as follows:
A. If my wife survives me for sixty (60)
days, I give her one-third (1/3) of my estate
outright and free of trust. If my wife fails
to survice me for sixty days this bequest
shall lapse and the amount shall be included
with the remainder of my estate under paragraph
B.
B. I give the remaining two-thirds (2/3)
of my estate, or if my wife fails to survive
me, my entire remaining estate, to my daughters,
my friends, and my brother as follows:
1. The following shares shall be distributed
outright and free of trust, by right of
representation, to the persons indicated:
HEATHER GARCIA KATZ ONE-FIFTH (1/5)
ANNABELLE WALKER GARCIA ONE-FIFTH (1/5)
SUNSHINE MAY WALKER KESEY ONE-TENTH (1/10)
CLIFFORD GARCIA ONE-TENTH (1/10)
2. I give to the Trustee hereinafter named,
IN TRUST, for the benefit of my younger
daughters, THERESA ADAMS GARCIA and KEELIN
GARCIA, one-fifth (1/5) of my estate for
each, to be held, administered and distributed
as a separate trust for each child as follows:
a. So long as my child is living and is
under age twenty-one (21), the Trustee shall
pay to or apply for her benefit, as much
of the net income and principal of the Trust
as the Trustee, in the Trustee's absolute
discretion, shall deem necessary for her
proper support, health, maintenance and
education, after taking into consideration,
to the extent the Trustee shall deem advisable,
any other income or resources of my child,
known to the Trustee. Any net income not
distributed shall be accumulated and added
to principal.
b. When the child attains the age of twenty-one
(21), the trust share allocated on account
of such child shall thereupon be distributed
free of trust to that child.
c. If my child dies prior to receipt of
her entire share of principal and income
provided herein, and that child is survived
by issue, then the remaining principal and
income shall be held in trust for those
issue under the terms of this subparagraph
2. If my child is not survived by issue,
then the remaining principal and income
shall be distributed free of trust to the
other residual beneficiaries receiving fractional
interests in my estate under this paragraph
B in proporation to those fractional interests,
by right of representation; provided, however,
if a part of that balance would otherwise
be distributed to aperson for whose benefit
a trust is then being administered under
this Will, that part shall instead be added
to that trust and shall thereafter be administered
according to its terms.
d. Whenever provision is made in this
Article SIXTH for payment for the ``education''
of a beneficiary, the term ``education''
shall be construed to include college and
postgraduate study, so long as pursued to
advantage by the beneficiary at an institution
of the beneficiary's choice; and in determining
payments to be made for such college of
post-graduate education, the Trustee shall
take into consideration the beneficary's
related living expenses to the extent that
they are reasonable.
e. Notwithstanding the directions given
as to the distribution of income and principal
in this Article SIXTH, any trusts established
by this Article shall terminate, if they
have not previously terminated, twenty-one
(21) years after the death of the survivor
of the class composed of my wife/husband
and all my issue living at my death, and
the then remaining principal and undistributed
income of such trusts shall be paid to my
issue or other beneficiaries then living
to whom income payments could be made under
such trusts immediately prior to its termination
under this clause, such issue to take by
right of representation.
SEVENTH
ULTIMATE DISTRIBUTION
If at the time of my death, or at any later
time before full distribution of any Trust
established under Article SIXTH, all my
issue are deceased, and no other disposition
of the property is directed by this Will,
the estate or the portion of it then remaining
shall there upon be distributed to those
persons who would then by my heirs, their
identities and respective shares to be determined
as though my death had then occurred and
according to the laws of the State of California
then in effect relating to the succession
of separate property not acquired from a
predeceased spouse.
EIGHTH
TRUSTEE'S POWERS
I give to the Trustee of all of the Trusts
established under this Will the following
powers, in addition to and not in limitation
of the common-law and statutory powers,
and without application or permission of
any court.
A. To retain any property, real or personal,
which the Trustee may receive, even though
such property (by reason of its character,
amount, proportion to the total Trust Estate
or otherwise) would not be considered appropriate
for a Trustee apart from this provision.
B. To sell, exchange, give options upon,
partition, or otherwise dispose of any property
which the Trustee may hold from time to
time at public or private sale or otherwise,
for cash or other consideration or on credit,
and upon such terms and for such consideration
as the Trustee shall think fit, and to transfer
and convey the same free of all trust.
C. To invest and reinvest the Trust Estate
from time to time in any property, real
or personal, including (without limiting
the generality of the foregoing language)
securities of domestic and foreign corporations
and investment trusts, common trust funds,
including those established by any successor
corporate fiduciary which acts as Executor
and Trustee hereunder, bonds, preferred
stocks, common stocks, mortgages, mortgage
participation, even though such investment
(by reason of its character, amount, proportion
to the total Trust Estate or otherwise)
would not be considered appropriate for
a Trustee apart from this provision, and
even though such investment causes a greater
proportion of the principal to be invested
in investment of one type or of one company
than would be considered appropriate for
a Trustee apart from this provision; to
lend money to any and all persons, including
any or all of the beneficiaries hereof,
upon such terms and conditions as the Trustee
in the Trustee's sole discretion deems proper;
in connection with such loans the Trustee
may or may not demand security therefor
or interest thereon as the Trustee in the
Trustee's sole discretion deems proper.
D. To improve any real estate held in
the Trust Estate, including the power to
demolish any buildings in whole or in part
and to erect buildings; to lease real estate
on such terms as the Trustee thinks fit,
including leases for periods that my extend
beyond the duration of the Trusts, and to
grant renewals thereof; and to foreclose,
extend, assign, partially release and discharge
mortgages.
E. To borrow money from any lender even
though a successor fiduciary hereunder,
execute promissory notes therefor, and to
secure said obligations by mortgage or pledge
of any of the Trust property.
F. To compromise or arbitrate any claim
in favor of or against the Trust Estate;
to commence or defend any litigation concerning
the Trust Estate which the Trustee in the
Trustee's absolutie discretion considers
prudent, and costs and expenses of such,
including reasonable attorney's fees, to
be borne by the Trust Estate; to give or
receive consideration in any settlement
to reduce the rate of return on any investment,
with or without consideration; to prepay
or accept prepayment of any debt; to enforce,
abstain from enforcing, release or modify,
with or without consideration, any right,
obligation, or claim; to extend and renew
any obligation or hold the same after maturity
without extension or renewal; to accept
deeds in lieu of foreclosure and pay consideration
for the same; to determine that any property
is worthless or of insufficient value to
warrant keeping or protecting, and to abandon
any such property or convey the same with
or without consideration; and to use any
portion of the Trust Estate to protect any
other portion of the Trust Estate.
G. To vote all securities held as a part
of the Trust Estate, or to join in a voting
trust or other lawful form of stockholders'
agreements respecting the voting of shares
for such period as the Trustee deems proper;
to pay all assessments on such securities,
to exercise options, subscriptions and conversion
rights on such securities, with respect
thereto; to employ such brokers, banks,
counsel, custodians, attorneys or other
agents, and to delegate to them such powers
(including, among others, the right to vote
shares of stock held in trust) or join in
a voting trust or other lawful form of stockholders'
agreements respecting the voting of shares
for such periods as the Trustee deems proper;
and to cause securities held from time to
time to be registered in the name of the
Trustee, or in the name of the Trustee's
nominee with or without mention of the Trust
in any instrument of ownership, and to keep
the same unregistered or to retain them
in condition that they will pass by delivery.
H. To incur and pay all taxes, assessments,
costs, charges, fees and other expenses
of every kind which the Trustee deems necessary
or advisable in connection with the administration
of the Trust created hereby, including reasonable
Trustee's fees.
I. To join in or oppose any reorganization,
recapitalization, consolidation ormerger,
liquidation or foreclosure, or any plan
therefor; to deposit property with, and
delegate discretionary power to any committee
or depository; to pay assessments, expenses
and compensation; and to retain any property
issued therein; to exercise or sell conversion
or subscription rights, and to retain the
property received.
J. To hold, manage, invest and account
for the several shares which may be held
in trust, either as separate funds or as
a single fund, as the Trustee deems proper;
if as a single fund, making the division
thereof only upon the Trustee's books of
account and allocating to each share its
proportionate part of the principal and
income of the common fund and charging against
each share its proportionate part of the
common expenses.
K. To keep any or all of the Trust property
at any place or places in California or
elsewhere in the United States or abroad,
or with a depository or custodian at such
place or places.
L. In dividing the Trust Estate into shares
or in distributing the same, to divide or
distribute in cash or in kind as the Trustee
thinks fit. For purposes of division or
distribution, to value the Trust Estate
reasonably and in good faith, and such valuation
shall be conclusive on all parties. Where
distribution or division is made in kind,
the Trustee shall, so far as the Trustee
finds practicable, allocate to the beneficiaries
proportionate amounts of each kind or security;
or other property of the Trust Estate.
M. The Trustee is authorized in the Trustee's
discretion to retain from income distributable
to any beneficiary an amount equal to the
income tax (Federal and State) the Trustee
estimates will be imposed upon such income;
any sums so withheld shall be applied to
the tax liability of such beneficiary. Nothing
herein shall be construed as imposing an
obligation upon the Trustee to retain any
sums for the purpose mentioned, nor that
said tax shall be assumed or borne by the
assets held for such beneficiary. No liability
shall attach to the Trustee if the Trustee
acts or fails to act as authorized in Subparagraph
M.
N. To partition, without sale, any real
or personal property held jointly or in
common with others or distributable to one
or more persons hereunder; to pay or receive
consideration to effect equality of partition;
to unite with any other owner in the management,
leasing, use of improvement of any property.
O. To determine, as to all property received,
whether and to what extent the same shall
be deemed to be principal or income and
as to all charges or expenses paid, whether
and to what extent the same shall be charged
against principal or against income, including,
without limiting the generality of the foregoing
language, power to apportion any receipt
or expense between principal and income
and to determine what part, if any, of the
actual income received upon any wasting
investment or upon any security purchased
or acquired at a premium shall be retained
and added to principal to prevent diminution
of principal upon exhaustion or maturity
thereof. In this regard, the Trustee in
the Trustee's absolute discretion, may,
but shall not be required to, if the Trustees
deems it proper, allocate receipts or charges
and expenses to income or principal according
to the Principal and Income Law of the State
of California as it may from time to time
exist. All allocation of receipts or charges
and expenses shall be conclusive on all
persons interested in any trusts created
hereby.
P. In all matters to administer and invest
the Trust Estate as fully and freely as
an individual owner might do, without any
restrictions to which fiduciaries are ordinarily
subject, except the duty to act in good
faith and with reasonable care.
Q. The Trustee shall also have the power
to do all things necessary to continue any
business enterprise, in whatever form, owned
or controlled by me upon my death for such
period as the Trustee shall deem to be in
the best interests of the Trust Estate.
R. The Trustee is authorized to employ
attorneys, accountants, investment advisors,
specialists and such other agents as he
shall deeme necessary or desirable. The
Trustee shall have the authority to appoint
an investment manager or managers to manage
all or any part of the assets of the Trust
Estate, appointments shall include the power
to acquire and dispose of such assets. The
Trustee may charge the compensation of such
attorneys, accountants, investment advisors,
specialists and other agents and any other
expenses against the Trust Estate.
NINTH
PAYMENT OF TAXES AND EXPENSES
I direct that all estate, succession or
other death taxes, duties, charges or assessments
that may by reaso of my death be attributable
to my probate estate or any portion of it,
or to any property or transfers of property
outside my probate estate, including but
not limited to burial expenses, expenses
of last illness, attorney's fees, executor's
fees, appraiser's fees, accountant's fees
and other expenses of administering my estate
shall be paid by the Executor from the estate
in the same manner as if said taxes were
a debt of my estate, without apportionment,
deduction, or reimbursement thereof and
without adjustment thereof among my beneficiaries.
Provided, however, if there is inadequate
cash in my estate to pay such taxes and
expenses, then my executor may borrow such
funds as I have given authority in Article
TWELFTH below.
TENTH
NO CONTEST CLAUSE
If any beneficiary of my Will or any Codicil
hereto or of the Trusts created hereunder
before or after the admission of this Will
to probate, directly or indirectly, contests
or aids in the contest of the same or any
provision thereof, or contests the distribution
of my estate in accordance with my Will
or any Codicil, the provisions herein made
to or for the benefit of such contestant
or contestants are hereby revoked and for
the purpose of my Will and any Codicil,
said contestant or contestants shall be
deemed to have predeceases me.
ELEVENTH
SPENDTHRIFT PROVISION
Each and every beneficiary under the Trust
or Trusts created by this Will is hereby
restrained from and is and shall be without
right, power, or authority to sell, transfer,
pledge, hypothecate, mortgage, alienate,
anticipate, or in any other manner affect
or impair his, her or their beneficial and
legal rights, titles, interests, claims
and estates in and to the income and/or
principal of said trusts, and the rights,
titles, interests and estate of any beneficiary
thereunder shall not be subject nor liable
to any process of law or court, and all
of the income and/or principal under said
trusts shall be paid over to the beneficiary
in person, or, in the event of the minority
or incompetency of any beneficiary, to the
guardian of that beneficiary in such manner
as in the Trustee's discretion seems most
advisable at the time and in the manner
provided by the terms of the Trust.
TWELFTH
EXECUTOR'S APPOINTMENT AND POWERS
I hereby nominate and appoint my wife DEBORAH
KOONS, and my attorney DAVID M. HELLMAN,
as Executor of this Will. If either of them
shall be, or become unable or unwilling
to act, then the survivor shall act with
JEFFREY E. EHLENBACH. No bond or other security
shall be required of any person who acts
as Executor hereunder.
A. I hereby expressly authorize and empower
my Executor to sell and dispose of the whole
or any portion of my estate, real or personal,
and wherever situate, as and when and upon
such terms as my Executor deems proper,
at public or private sale, with or without
notice, and without first securing any order
or court therefor. I further grant to my
Executor all the powers granted to the Trustee
under Article EIGHTH hereof, insofar as
such powers are appropriate for the administration
of my estate and the probate of my Will;
B. If my Executor in good faith decides
that there is uncertainty as to the inclusion
of particular property in my gross estate
for federal estate tax purposes, my Executor
shall exclude such property from my gross
estate in the estate tax return. My Executor
shall not be liable for any loss to my estate
or to any beneficary, which loss results
from the decision made in good faith that
there is uncertainty as to the inclusion
of particular property in my gross estate.
C. The decision of my Executor as to the
date which should be selected for the valuation
of property in my gross estate for federal
estate tax purposes shal be conclusive on
al concerned;
D. When a choice is available as to whether
certain deductions shall be taken as income
tax deductions or estate tax deductions,
the decision of my Executor in this regard
shall be conclusive on all concerned and
no adjustment of income and principal account
shall be made as a result of such decision;
E. Beginning as of the date of my death
and until the establishment of the trusts
provided for herein, my Executor shall make
such payments of estate income, which is
allocable to trust assets, as would be required
if the trusts had actually been established
at the date of my death.
F. My Executor is authorized to execute
and deliver disclaimers under Internal Revenue
Code X2518 and California Probate Code XX260
through 295 or any successor statute.
THIRTEENTH
TRUSTEE'S APPOINTMENT AND COMPENSATION
I hereby nominate and appoint my wife DEBORAH
KOONS, and my attorney DAVID M. HELLMAN,
as Trustee of this Will. If either of them
shall be, or become unable or unwilling
to act, then the survivor shall act with
JEFFREY E. EHLENBACH. No bond or other security
shall be required of any person who acts
as Trustee hereunder.
The individual Trustees shall be entitled
to receive reasonable commissions similar
to those charged by corporate Trustees in
the San Francisco Bay Area. Any successor
Trustee shall be entitled to reasonable
compensation for its services.
FOURTEENTH
GUARDIAN
If MANASHA MATHESON does not survive me,
I hereby nominate and appoint SUNSHINE MAY
WALKER KESEY, as the guardian of KEELIN
GARCIA, if she is then a minor. No bond
shall be required of any person who acts
as guardian hereunder.
FIFTEENTH
DELAYED DISTRIBUTION
I direct that no interest shall be payable
on account of any delary in distributing
any devise, bequest, or legacy under my
Will or any Codicial thereto.
SIXTEENTH
DEFINITIONS
The words ``Executor,'' ``Trustee,'' ``child,''
``children,'' and ``beneficiary,'' as used
herein, shall comprehend both the singular
and the plural, and the masculine or feminine
shall be deemed to include the other wherever
the context of this Will requires. This
Will and any Codicil shall be interpreted
under the California law as in effect at
the date of signature of such document.
IN WITNESS WHEREOF, I have hereunto set
my hand this May 12, 1994.
Jerome J. Garcia
On the date indicated below, JEROME J.
GARCIA, declared to us, the undersigned,
that this instrument, consisting of sixteen
(16) pages, including the page signed by
us as witnesses, was the testator's Will
and requested us to act as witnesses to
it. The testator thereupon signed this Will
in our presence, all of us being present
at the same time. We now, at the testator's
request, in the testator's presence and
in the presence of each other, subscribe
our names as witnesses.
It is our belief that the testator is
of sound mind and memory and is under no
constraint or undue influence whatsoever.
We declare under penalty of perjury that
the foregoing is true and correct and that
this declaration was executed on May 12,
1994, at San Rafael, California.
David M. Hellman residing at 523 4th St.
#102, San Rafael, CA 94901
Tanna Burcher residing at 523 4th St.
#102, San Rafael, CA 94901
ATTACHMENT 8
Name Relationship Age Address
Deborah Koons Garcia Spouse Adult
c/o Max Gutierrez, Jr., Esq.
Brobeck, Phleger & Harrison
One Market Plaza, 27th Floor
Spear Street Tower
San Francisco, CA 94105
Heather Garcia Katz Daughter Adult
c/o Michael Rubenstein, Esq.
Rubenstein & Bohachek
200 California Street, 5th Floor
San Francisco, CA 94111
Annabelle Walker Garcia Daughter Adult
c/o David C. Phillips, Esq.
Goldstein & Phillips
One Embarcadero Center
Eighth Floor
San Francisco, CA 94111
Theresa Adams Garcia Daughter Adult
c/o David C. Phillips, Esq.
Goldstein & Phillips
One Embarcadero Center
Eighth Floor
San Francisco, CA 94111
Keelin Garcia Daughter Minor
c/o Manasha Matheson
c/o Esther R. Lerner, Esq.
Lerner Law Offices
88 Kearny Street, Ste. 1750
San Francisco, CA 94108
Douglas Erwin Friend Adult
P.O. Box 2232
Sonoma, CA 95476
Carolyn Adams Garcia Former Spouse Adult
c/o David C. Phillips, Esq.
Goldstein & Phillips
One Embarcadero Center
Eighth Floor
San Francisco, CA 94111
Manasha Matheson Friend Adult
c/o Esther R. Lerner, Esq.
Lerner Law Offices
88 Kearny Street, Ste. 1750
San Francisco, CA 94108
Sunshine May Walker Friend Adult
c/o David C. Phillips, Esq.
Goldstein & Phillips
One Embarcadero Center
Eighth Floor
San Francisco, CA 94111
Clifford Garcia Brother Adult
91 Laura Lane
Fairfax, CA 94930
|
