|
The only president to resign from
office gave specific instructions
for the handling and disposal of personal
notes and records.
LAST WILL AND TESTAMENT
OF
RICHARD M. NIXON
I, RICHARD M. NIXON, residing in
the Borough of Park Ridge, County
of Bergen and State of New Jersey,
being of sound and disposing mind
and memory, do hereby make, publish
and declare this to be my Last Will
and Testament, revoking all prior
Wills and codicils.
ARTICLE ONE
I give and bequeath to THE RICHARD
NIXON LIBRARY AND BIRTHPLACE (hereinafter
sometimes referred to as the "Library")
for its uses, an amount equal to the
"adjusted proceeds amount" (as hereinafter
defined) ; provided, however, that
if there are any outstanding and unpaid
amounts on pledges I have made to
the Library, including, specifically,
any amounts unpaid on the One Million
Two Hundred Thousand Dollar pledge
made in 1993, then the adjusted proceeds
amount under this bequest shall be
paid first directly to the Library
to the extent necessary to satisfy
such charitable pledge or pledges,
and provided further, that if at the
time of my death or distribution the
Library is not an organization described
in Sections 170(c) and 2055(a) of
the Internal Revenue Code of 1986,
as amended (the "Code"), which would
entitle the estate to a charitable
deduction for Federal Estate Tax purposes,
I give and bequeath such property
to THE NIXON BIRTHPLACE FOUNDATION,
provided further, if THE NIXON BIRTHPLACE
FOUNDATION is not then an organization
described in Sections 170(c) and 2055(a)
of the Code, I give and bequeath such
property to such organization or organizations
described in said Sections of the
Code in such shares as my executors
shall designate by written and acknowledged
instrument filed within six months
from the date of my death with the
clerk of the court in which this Will
shall have been admitted to probate.
In the event such property is distributed
to an organization other than the
RICHARD NIXON LIBRARY & BIRTHPLACE,
I request such organization to bear
in mind my wish that such property
ultimately repose in such Library,
if and when it qualifies as a charitable
organization under Sections 170(c)
and 2055(a) of the Code.
The term "adjusted proceeds amount"
shall be defined as the excess of
(i) the amount due or paid to me
and/or my estate under the judgment
entered following the decision of
the United States Court of Appeals
for the District of Columbia Circuit
in the case of Richard Nixon v United
States of America, decided on November
17, 1992, and/or any concurrent or
subsequent proceedings relating or
pertaining thereto, and any related
or subsequent case, provided that
any such amounts paid during my life
shall only be included as adjusted
proceeds to the extent such amounts
as of the date of my death are held
or invested in a segregated and traceable
account or accounts over
(ii) the sum of (a) the amount of
all attorneys' fees and other costs
or expenses, whether previously paid
or unpaid, associated with or incurred
in connection with such proceedings
or any case similar to or relating
thereto and all other attorneys' fees
from 1974 on, which my estate or I
have paid or which are outstanding,
excluding, however, any attorneys'
fees paid to the firm of which William
E. Griffin has been a member, and
(b) One Million Four Hundred Fifty
Thousand Dollars, the amount equal
to my contribution to the Library
made in 1992. The amounts under (a)
and (b) of this subparagraph (ii)
shall be part of my residuary estate.
It is my intention, by this bequest,
to make a charitable gift of any "windfall"
received under the lawsuits referred
to above, and to first make my family
whole by recovering all of the legal
expenses I have incurred or my estate
is to incur because of these and other
lawsuits.
ARTICLE TWO
A. Subject to the restrictions contained
in this paragraph and any other restrictions
contained in this Will, I give and
bequeath all items of tangible personal
property that I shall own at my death
which relate to events of my official
or personal life or the official or
personal life of my deceased wife,
PATRICIA R. NIXON, which have had
historical or commemorative significance,
except for my "personal diaries",
which are defined and disposed of
in Paragraph B of this Article, to
THE RICHARD NIXON LIBRARY & BIRTHPLACE;
provided, however, that if at the
time of my death or distribution such
Library is not an organization described
in Sections 170(c) and 2055(a) of
the Code, which would entitle the
estate to a charitable deduction for
Federal Estate Tax purposes, I give
and bequeath such property to THE
NIXON BIRTHPLACE FOUNDATION, provided
further that if THE NIXON BIRTHPLACE
FOUNDATION is not then an organization
described in Sections 170(c) and 2055(a)
of the Code, I give and bequeath such
property to such organization or organizations
described in said Sections of the
Code in such shares as my executors
shall designate by written and acknowledged
instrument filed within six months
from the date of my death with the
clerk of the court in which this Will
shall have been admitted to probate.
In the event such property is distributed
to an organization other than the
RICHARD NIXON LIBRARY & BIRTHPLACE,
I request such organization to bear
in mind my wish that such property
ultimately repose in such Library,
if and when it qualifies as a charitable
organization tinder Sections 170(c)
and 2055(a) of the Code. Such tangible
personal property shall include, without
limitation, awards, plaques, works
of art of all kinds, medals, membership
or achievement certificates, commemorative
stamps and coins, religious items,
commemorative and personal photographs
and all correspondence, documents,
notes, memoranda, letters and all
other writings that I own at my death,
of whatever kind and nature, personal
or public, whether inscribed by me
or not inscribed by me and whether
written by me or to me. I direct that
the determination as to which items
of my tangible personal property are
included in this bequest, and which
items are items of tangible personal
property disposed of under Paragraph
C of this Article, shall be based
on the decision of my executors; however,
it is my wish that my executors consult
with my surviving daughters in making
this determination. The determination
of my executors shall be conclusive
and binding upon all parties interested
in my estate.
Notwithstanding the above provisions,
my daughters, PATRICIA NIXON COX and
JULIE NIXON EISENHOWER, or the survivor,
or if neither daughter is surviving,
my executors, shall have the right,
within six months of my date of death,
to go through all of such tangible
personal property, to take any such
property appraised at no value, or
any other items of such tangible personal
property, provided that under no circumstances
shall the amount of such property
taken by my daughters exceed in value
three (3%) percent of the total value
of all such property included in this
Paragraph A.
B. I give and bequeath me "personal
diaries" (as hereinafter defined)
in equal shares to my daughters, JULIE
NIXON EISENHOWER and PATRICIA NIXON
COX, or all to the survivor. If either
or both of my daughters shall, disclaim
some or all or parts of my "personal
diaries", such disclaimed items shall
be distributed to THE RICHARD NIXON
LIBRARY AND BIRTHPLACE (the "Library")
for its uses; provided, however, that
if at the time of my death or distribution
the Library is not an organization
described in Sections 170(c) and 2055(a)
of the Internal Revenue Code of 1986,
as amended (the "Code"), which would
entitle the estate to a charitable
deduction for Federal Estate Tax purposes,
I give and bequeath such property
to THE NIXON BIRTHPLACE FOUNDATION,
provided further that if THE NIXON
BIRTHPLACE FOUNDATION is not then
an organization described in Sections
170(c) and 2055(a) of the Code, I
give and bequeath such property to
such organization or organizations
described in said Sections of the
Code in such shares as my executors
shall designate by written and acknowledged
instrument filed within six months
from the date of my death with the
clerk of the court in which this Will
shall have been admitted to probate.
In the event such property is distributed
to an organization other than the
RICHARD NIXON LIBRARY & BIRTHPLACE,
I request such organization to bear
in mind my wish that such property
ultimately repose in such Library,
if and when it qualifies as a charitable
organization under Sections 170(c)
and 2055(a) of the Code.
If neither of my daughters survives
me, I direct my executors to collect
and destroy my "personal diaries.
Notwithstanding any other provisions
of this Will, if neither of my daughters
survives me, the property constituting
my "personal diaries" shall be subject
to the following restrictions: At
no time shall my executors be allowed
to make public, publish, sell, or
make available to any individual other
than my executor (or except as required
for Federal tax purposes) the contents
or any part or all of my "personal
diaries" and, provided further, that
my executors shall, within one year
from the date of my death or, if reasonably
necessary, upon the later receipt
of a closing estate tax letter from
the Internal Revenue Service, destroy
all of my "personal diaries".
My "personal diaries" shall be defined
as any notes, tapes, transcribed notes,
folders, binders, or books that are
owned by me or to which I may be entitled
under a judgment of law including,
but not limited to, folders, binders,
or books labeled as Richard Nixon's
Diaries, Diary Notes, or labeled just
by dates, that may contain my daily,
weekly or monthly activities, thoughts
or plans. The determination of my
executors as to what property is included
in this bequest shall be conclusive
and binding upon all parties interested
in my estate; however, it is my wish
that my executors consult with my
surviving daughters and/or my office
staff in making this determination.
C. If at the time of my death any
lawsuit or lawsuits are pending regarding
the ownership of any of my tangible
personal property including, but not
limited to, all of the tangible personal
property listed in Paragraph A above,
I Specifically direct my executors
to continue such lawsuits for as long
as they, in their discretion, deem
it appropriate to do so, knowing my
wishes in this matter.
D. I give and bequeath the balance
of the tangible personal property
I shall own at my death, not otherwise
effectively disposed of in this Will,
to my issue, per stirpes. If both
of my daughters, PATRICIA NIXON COX
and JULIE NIXON EISENHOWER, shall
survive me, such tangible personal
property shall be divided between
my daughters in such manner as they
shall agree, or in the absence of
agreement, or if any child is a minor,
as my executors determine, which determination
shall be conclusive upon all persons
interested in my estate.
E. I authorize and empower my executors
to pay, and to charge as administration
expenses of my estate, the expenses
of storing, packing, insuring and
mailing or delivering any article
of tangible personal property hereinabove
disposed of.
ARTICLE THREE
A. If my granddaughter, MELANIE
EISENHOWER, survives me, I give and
bequeath to her the sum of Seventy
Thousand ($70,000.00) Dollars.
B. If my grandson, ALEXANDER RICHARD
EISENHOWER, survives me, I give and
bequeath to him the sum of Thirty
Thousand ($30,000.00) Dollars.
C. If my grandson, CHRISTOPHER COX,
survives me, I give and bequeath to
him the sum of Ten Thousand ($10,000.00)
Dollars.
The specific bequests to my grandchildren
named above are made to equalize the
gifts made to all of my grandchildren
during my life. The disparity in amounts,
or lack of a bequest, is not intended
and should not be interpreted as a
sign of favoritism for one grandchild
over another.
ARTICLE FOUR
All of the rest, residue and remainder
of my estate, real and personal, wherever
situated, including any lapsed or
ineffective legacies or devises (but
excluding any property over which
I may have a power of appointment,
it being my intention not to exercise
any such power), herein sometimes
referred to as my "residuary estate",
I dispose of as follows:
A. I give and bequeath the sum of
Fifty Thousand ($50,000.00) Dollars
to each grandchild of mine who survives
me.
B. I give, devise and bequeath the
balance of my residuary estate to
my issue, per stirpes.
C. Notwithstanding any other provisions
of this will, if any bequest or share
of my estate under this Article FOUR
would be payable to a grandchild of
mine for whose benefit a separate
trust created under the Will of my
deceased wife, PATRICIA R. NIXON,
is then in existence, I direct that
such bequest or share of my estate
shall be distributed to the trustee(s)
of such trust, to be added to, administered
and disposed of as part of the principal
of such trust in accordance with the
terms Of such trust; and, provided
further, that if the addition of any
portion or all of this residuary bequest
or share of my estate to a trust for
a grandchild under the Will of PATRICIA
R. NIXON shall cause such trust to
have an inclusion ratio greater than
zero for purposes of the Generation
Skipping Transfer Tax provisions of
Article 13 of the Code (the "GST tax"),
then any portion, up to the whole,
of such bequest or share of my estate,
that is not exempt from the GST tax
shall not be added to the trust, but
shall be given to such trustee(s)
to be held in a separate trust under
the same terms and conditions, my
intention being to create two separate
trusts, one of which has, for GST
tax purposes, an inclusion ratio of
zero, and one of which has an inclusion
ratio greater than zero.
ARTICLE FIVE
If upon my death no issue of mine
shall then be living, I give, devise
and bequeath my residuary estate,
or the then remaining principal and,
except as hereinabove otherwise provided,
any undistributed or accrued income
of such trust, as the case may be,
to THE RICHARD NIXON LIBRARY & BIRTHPLACE,
and if such organization is not then
in existence, to the persons who would
have been my heirs under the laws
of intestate distribution of New Jersey
then in effect had I died on the data.
of the event requiring a distribution.
ARTICLE SIX
I direct that all estate, inheritance
and other death taxes (including any
interest and penalties thereon) imposed
by any jurisdiction whatsoever by
reason of my death upon or with respect
to any property includable in my estate
for the purposes of any such taxes,
or upon or with respect to any person
receiving any such property, whether
such property shall pass under or
outside, or shall have passed outside,
the provisions of this Will, except
for additional estate taxes imposed
by Section 4980(A)(d) of the Code
and generation-skipping transfer taxes
imposed under Section 13 of the Code
("GST taxes") which may be payable
by reason of my death, shall be paid,
without apportionment, from the principal
of my residuary estate. Any GST tax
payable by reason of my death shall
be charged and the liability for the
payment of such GST taxes shall be
determined according to the law of
the jurisdiction imposing such GST
tax.
ARTICLE SEVEN
If any beneficiary under this Will
and I shall die simultaneously or
in such circumstances as to render
it difficult or impossible to determine
who predeceased the other, it shall
conclusively be presumed for the purposes
of this Will that I survived.
ARTICLE EIGHT
I hereby nominate, constitute and
appoint my friends, WILLIAM E. GRIFFIN,
and JOHN R. TAYLOR, to be the co-executors
of this Will.
The appointment of my attorney,
WILLIAM E. GRIFFIN, as a co-executor
is made with my knowledge and approval
of his receipt of commissions as provided
by law, and his law firms receipt
of compensation for legal services
rendered to my estate.
The individuals named in the foregoing
paragraph are granted the continuing
discretionary power, exercisable while
in office, and exercisable only unanimously
if more than one of them is then in
office, to designate one or more successors
or co-fiduciaries or a succession
of successors or co-fiduciaries in
such office to act one at a time or
together with co-fiduciaries, to fill
any vacancy occurring in such office
after any successor designated herein
shall have failed to qualify or ceased
to act, by written instrument, duly
acknowledged, and to revoke any such
designation prior to the happening
of the event upon which it is to become
effective, by a written instrument,
duly acknowledged, and a new designation
may be made as above provided. If
there shall be more than one such
designation of successor fiduciary
or co-fiduciary in effect and unrevoked,
they shall be effective in the reverse
of the order in which they were made.
Any fiduciary may resign at any
time by delivering or mailing a notice
in writing of such resignation to
his or her co- fiduciaries, or, if
none, to his or her designated successor,
if such designee has indicated his
or her willingness to act, and thirty
days thereafter such resignation shall
take effect. If any fiduciary becomes
disabled, that determination of disability
shall also constitute that individual's
immediate resignation as a fiduciary
without any further act. For the purposes
of this paragraph, a person shall
be considered disabled if either (i)
a committee, guardian, conservator
or similar fiduciary shall have been
appointed for such person or (ii)
a court shall have determined, or
two physicians shall have certified,
that the person is incompetent or
otherwise unable to act prudently
and effectively in financial affairs.
Each successor fiduciary and co-fiduciary
shall have all rights and discretions
which are granted to the executors
named herein, except those which may
be specifically denied in this will.
At any time that there are two or
more fiduciaries then in office, all
decisions regarding my estate shall
be made by both or the majority of
my fiduciaries in much office. However,
my fiduciaries may from time to time
authorize one of their number, or
each of them acting singly, to execute
instruments of any kind on their behalf
(including, but not by way of limitation,
any check, order, demand, assignment,
transfer, contract, authorization,
proxy, consent, notice or waiver).
Insofar as third parties dealing with
my fiduciaries are concerned instruments
executed and acts performed by one
fiduciary pursuant to such authorization
shall be fully binding as if executed
or performed by all of them. An authorization
shall be valid until those acting
in reliance on it receive actual notice
of its revocation.
No fiduciary shall be required to
give any bond or other security for
the faithful performance of such fiduciary's
duties in any jurisdiction whatsoever;
or if any such bond shall be required,
no such fiduciary shall be required
to furnish any surety thereon. No
executor shall be required to file
a bond to secure the return of any
payment or payments on account of
commissions of such executor.
My individual executors may receive
the commissions allowable under New
Jersey Law from time to time during
the period of the administration of
my estate and any trusts hereunder.
Any corporate executor serving hereunder
shall receive compensation in accordance
with its Schedule of Fees in effect
from time to time during the period
over which its services are performed.
ARTICLE NINE
I give to my fiduciaries, with respect
to any and all property, whether real
or personal, which I may own at the
time of my death, or which shall at
any time constitute part of my estate,
including funds held hereunder for
persons under the age of 21 years,
and whether constituting principal
or income therefrom, in addition to
the authority and power conferred
upon them by law, express authority
and power to be exercised by them
as such fiduciaries, in their discretion,
for any purpose, without application
to, authorization from, or confirmation
by any court:
a) To retain and to purchase or
otherwise acquire stocks, whether
common or preferred, bonds, obligations,
shares or interests in investment
companies or investment trusts, securities
issued by or any common trust fund
maintained by any corporate fiduciary,
partnership interests, or any other
property, real or personal, of whatsoever
nature, wheresoever situated, without
duty to diversify, whether or not
productive of income and whether or
not the same may be authorized by
law for the investment of estate funds,
it being my intention to give my fiduciaries
the same power of investment which
I myself possess with respect to my
own funds.
b) To deposit funds in the savings
or commercial department of any corporate
fiduciary or of any other bank without
limit as to duration or amount.
c) To sell, without prior authorization
or confirmation of the court, at public
or private sale, exchange, mortgage,
lease without statutory or other limitation
as to duration, partition, grant options
in excess of six months on, alter,
improve, demolish buildings, or otherwise
deal with any property, real or personal,
upon any terms and whether for cash
or upon credit, and to execute and
deliver deeds, leases, mortgages or
other instruments relating hereto.
d) To exercise in person or by proxy
all voting, conversion, subscription,
or other rights incident to the ownership
of any property, including the right
to participate in any corporate reorganization,
merger or other transaction and to
retain any property received thereunder
and the right to delegate discretionary
power.
e) To borrow from any person, including
any corporate fiduciary, -and to lend
money to any person, including any
person beneficially interested hereunder,
with or without security.
f) To compromise or arbitrate claims,
to prepay or accept prepayment of
any debt, to enforce or abstain from
enforcing, extend, modify or release
any right or claim, or to hold any
claim after maturity without extension,
with or without consideration.
g) To hold separate shares or trusts
in solido, and to hold property in
bearer form or in the name of a nominee
or nominees.
h) To execute and deliver deeds
or other instruments, with or without
covenants, warranties and representations
and with or without consideration,
including releases which shall discharge
the recipient from responsibility
for property receipted for thereby.
i) To abstain from rendering or
filing any inventory or periodic account
in any court.
j) Without the consent of any beneficiary,
to make division or distribution in
cash or in kind or partly in each.
Any such distribution in kind shall
be made at the fair market value on
the date or dates of distribution
and may be made without regard to
the tax basis of such property and
without any duty to distribute such
assets pro rata among beneficiaries
or to equalize the tax basis recovered
by such beneficiaries, any provision
of this will or rule of law to the
contrary notwithstanding.
k) To employ legal and investment
counsel, custodians, accountants and
agents for the transaction of any
business of my estate or any trust
hereunder or for services or advice,
to pay reasonable compensation therefor
out of my estate or such trust, as
may be applicable, and to rely and
act or decline to rely or act upon
any information or opinion furnished
by them.
l) To retain or acquire the stock
of any corporation in which any individual
fiduciary hereunder or any officer
or director of any corporate fiduciary
hereunder may have an interest, whether
as officer, director, employee or
otherwise.
m) To make or join in elections
and joint returns under any tax law;
to agree in the apportionment of any
joint tax liability; to exercise or
forbear to exercise any income, gift
or estate tax options; to determine
the allocation of exemptions or exercise
other elections available to my executors
for generation-skipping transfer tax
purposes; and to make or refrain from
making adjustments between principal
and income or between shares of my
estate by reason of any deduction
taken for income tax instead of estate
tax purposes or any election as to
the date of valuation of my estate
for estate tax purposes, all in such
manner as my executor may deem advisable,
and any such determination made by
my executor shall be conclusive and
binding upon all persons affected
thereby.
n) To pay out of my general estate
in respect of any real or tangible
personal property situated outside
the state of the principal administration
of my estate at the time of my death
any administration expense payable
under the laws of the state or country
where such property is situated.
o) To pay themselves, individually,
at such time or times and without
prior approval of any court or person
interested in my estate or, any trust
hereunder or payment of interest or
the securing of any bond or rendering
of any annual statement, account or
computation thereof, such sum or sums
on account of commissions to which
they may eventually be entitled hereunder
as they, in their discretion, may
determine to be just and reasonable,
to charge the same wholly against
principal or wholly against income,
or partially against principal and
partially against income, as they
may, in their discretion, determine
advisable, and in the case of any
trustee, to retain commissions which
they may determine shall be payable
out of income from income derived
from any year preceding or succeeding
the year with respect to which such
commissions shall have been earned.
p) Generally, to exercise in good
faith and with reasonable care all
investment and administrative powers
and discretions of an absolute owner
which may lawfully be conferred upon
a fiduciary.
ARTICLE TEN
A. Whenever income or Principal
is to be distributed or applied for
the benefit of a person under the
age of 21 years (referred to as a
"minor" in this Article) or a person
who in the sole judgment of my fiduciaries
is incapable of managing his or her
own affairs, my fiduciaries may make
payment of such property in any or
all of the following ways:
1. By paying such property to the
parent, guardian or other person having
the care and control of such minor
for such minor's benefit or to any
authorized person as custodian for
such minor under any applicable Gifts
to Minors Act, with authority to authorize
any such custodian to hold such property
until the minor attains the age of
21 years where permitted under applicable
law.
2. By paying such property to the
guardian, committee, conservator or
other person having the care and control
of such incapable person.
3. By paying directly to such minor
or incapable person such sums as my
fiduciaries may deem advisable as
an allowance.
4. By expending such property in
such other manner as my fiduciaries
in their discretion shall determine
will benefit such minor or incapable
person.
B. If principal becomes vested in
and payable to a minor, my fiduciaries
may make payment thereof in any of
the ways set forth in the preceding
paragraph of this Article, or may,
defer payment of any part or all thereof
meanwhile paying or applying to or
for the use of such minor so much
or all of such principal and of the
income therefrom, as my fiduciaries
in their discretion may deem advisable.
Any income not so expended by my fiduciaries
shall be added to principal. My fiduciaries
shall pay any remaining principal
to such minor upon such minor's attaining
the age of 21 years or to such minor's
estate upon death prior to such payment
in full.
C. Any payment or distribution authorized
in this Article shall be a full discharge
to my fiduciaries with respect thereto.
ARTICLE ELEVEN
All interests hereunder, whether
in principal or income, while undistributed
and in the possession of my executors,
and even though vested or distributable,
shall not be subject to attachment,
execution or sequestration for any
debt, contract, obligation or liability
of any beneficiary, and, furthermore,
shall not be subject to pledge, assignment
conveyance or anticipation by any
beneficiary.
ARTICLE TWELVE
The account (intermediate or final)
of any executor may be settled by
agreement with the adult beneficiaries
interested in the account and a parent
or guardian of those beneficiaries
who are minors, who shall have the
full power on the basis of such settlement
to release such fiduciary from all
liability for such fiduciary's acts
or omissions as executor for the period
covered thereby. Such settlement and
release shall be binding upon all
interested parties hereunder including
those who may be under legal disability
or not yet in being and shall have
the force and effect of a final decree,
judgment or order of a court of competent
jurisdiction rendered in an action
or proceeding for an accounting in
which jurisdiction was duly obtained
over all necessary and proper parties.
The foregoing provisions, however,
shall not preclude any fiduciary from
having such fiduciary's accounts judicially
settled if such fiduciary shall so
desire. In any probate, accounting
or other persons interested in my
estate are required by law to be served
with process, if a party to the proceeding
has the same interest as or a similar
interest to a person under a legal
disability (including, without limitation,
an infant or an incompetent) it shall
not be necessary to serve process
upon the person under a disability
or otherwise make such person a party
to the proceeding, it being my intention
to avoid the appointment of a guardian
ad litem wherever possible.
ARTICLE THIRTEEN
The validity, construction, effect
and administration of the testamentary
dispositions and the other provisions
contained in this will shall, in any
and all events, be administered in
accordance with, and construed and
regulated by, the laws of the State
of New Jersey from time to time existing.
ARTICLE FOURTEEN
A. Wherever "child", "children"
or "issue" appears in this Will, it
shall be deemed to include only lawful
natural issue and persons deriving
their relationship to or through their
parent or ancestor by legal adoption
prior to such adopted person's attainment
of the age of 18 years.
B. A disposition in this Will to
the descendants of a person per stirpes
shall be deemed to require a division
into a sufficient number of equal
shares to make one share for each
child of such person living at the
time such disposition becomes effective
and one share for each then deceased
child of such person having one or
more descendants then living, regardless
of whether any child of such person
is then living, with the same principle
to be applied in any required further
division of a share at a more remote
generation.
ARTICLE FIFTEEN
A. All references herein to this
Will shall be construed as referring
to this Will and any codicil or codicils
hereto that I may hereafter execute.
B. Wherever necessary or appropriate,
the use herein of any gender shall
be deemed to include the other genders
and the use herein of either the singular
or the plural shall be deemed to include
the other.
C. Except as otherwise specifically,
provided in this will:
1. Each reference to my "fiduciaries"
shall be deemed to mean and refer
to my executor and, where applicable,
to a custodian hereunder;
2. Each reference to my "executors"
shall be deemed to mean and refer
to the fiduciary or fiduciaries, natural
or corporate, who shall be acting
hereunder in such capacity from time
to time; and
3. Any and all power, authority
and discretion conferred upon my executor
or my fiduciaries may be exercised
by the fiduciary or fiduciaries who
shall qualify and be acting hereunder
from time to time in the capacity
in which such power, authority and
discretion are exercised.
IN WITNESS WHEREOF, I have hereunto
set my hand and seal this (24th) day
of February, 1994.
/s/ Richard M Nixon
ATTESTATION CLAUSE
WE the undersigned, do hereby certify
that on the 24th of February, 1994,
RICHARD M. NIXON, the Testator above
named did, in the presence of the
undersigned and of each of us, subscribe,
publish and declare the foregoing
instrument to be his last Will and
Testament and then and there requested
us and each of us to sign our names
thereto as witnesses to the execution
thereof, which we hereby do in the
presence of the said Testator and
of each other on this 24th day of
February, 1994.
(signed by three witnesses)
each being duly sworn, depose and
say:
That they witnessed the execution
of the Will of RICHARD M. NIXON, dated
February 24 1994, consisting of eighteen
pages. That the Will was executed
at Woodcliff Lake, New Jersey, under
the supervision of Karen J. Walsh
an attorney at law with offices at
51 Pondfield Road, Bronxville, New
York. That this affidavit is made
at the request of the Testator.
That the Testator, in our presence,
subscribed his name to the Will at
the end thereof, and at the time of
making such subscription, published
and declared the same to be his Last
Will and Testament; thereupon we,
at his request and in his presence
and in the presence of each other,
signed our names thereto as subscribing
witnesses.
That the said Testator, at the time
of such execution, was more than 18
years of age and, in our opinion,
of sound mind, memory and understanding,
not under any restraint or in any
respect incompetent to make a Will.
That the Testator indicated to us
that he had read the Will, knew the
contents thereof, and that the provisions
therein contained expressed the manner
in which his Estate is to be administered
and distributed.
That the Testator could read, write
and converse in the English language
and was suffering from no defect of
sight, hearing or speech, or from
any physical or mental impairment
which would affect his capacity to
make a valid Will.
That the Testator signed only of
the said Will on said occasion.
Sworn to before me this 25th day
of February, 1994.
PAUL G. AMICUCCI
Notary Public, State of New York
No. 5001747
Qualified in Westchester County
|