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Known as "The King," Presley sold
more than a billion records and starred
in 33 motion pictures. He left much
of his vast fortune to members of
his family.
Last Will And Testament Of Elvis A.
Presley, Deceased Filed August 22, 1977
Last Will And Testament of Elvis
Presley
I, Elvis A. Presley, a resident
and citizen of Shelby County, Tennessee,
being of sound mind and disposing
memory, do hereby make, publish and
declare this instrument to be my last
will and testament, hereby revoking
any and all wills and codicils by
me at any time heretofore made.
Item I
Debts, Expenses and Taxes
I direct my Executor, hereinafter
named, to pay all of my matured debts
and my funeral expenses, as well as
the costs and expenses of the administration
of my estate, as soon after my death
as practicable. I further direct that
all estate, inheritance, transfer
and succession taxes which are payable
by reason under this will, be paid
out of my residuary estate; and I
hereby waive on behalf of my estate
any right to recover from any person
any part of such taxes so paid. My
Executor, in his sole discretion,
may pay from my domiciliary estate
all or any portion of the costs of
ancillary administration and similar
proceedings in other jurisdictions.
Item II
Instruction Concerning Personal
Property: Enjoyment in Specie
I anticipate that included as a
part of my property and estate at
the time of my death will be tangible
personal property of various kinds,
characters and values, including trophies
and other items accumulated by me
during my professional career. I hereby
specifically instruct all concerned
that my Executor, herein appointed,
shall have complete freedom and discretion
as to disposal of any and all such
property so long as he shall act in
good faith and in the best interest
of my estate and my beneficiaries,
and his discretion so exercised shall
not be subject to question by anyone
whomsoever.
I hereby expressly authorize my
Executor and my Trustee, respectively
and successively, to permit any beneficiary
of any and all trusts created hereunder
to enjoy in specie the use or benefit
of any household goods, chattels,
or other tangible personal property
(exclusive of choses in action, cash,
stocks, bonds or other securities)
which either my Executor or my Trustees
may receive in kind, and my Executor
and my Trustees shall not be liable
for any consumption, damage, injury
to or loss of any tangible property
so used, nor shall the beneficiaries
of any trusts hereunder or their executors
of administrators be liable for any
consumption, damage, injury to or
loss of any tangible personal property
so used.
Item III
Real Estate
If I am the owner of any real estate
at the time of my death, I instruct
and empower my Executor and my Trustee
(as the case may be) to hold such
real estate for investment, or to
sell same, or any portion therof,
as my Executor or my Trustee (as the
case may be) shall in his sole judgment
determine to be for the best interest
of my estate and the beneficiaries
thereof.
Item IV
Residuary Trust
After payment of all debts, expenses
and taxes as directed under Item I
hereof, I give, devise, and bequeath
all the rest, residue, and remainder
of my estate, including all lapsed
legacies and devices, and any property
over which I have a power of appointment,
to my Trustee, hereinafter named,
in trust for the following purposes:
(a) The Trustees is directed to
take, hold, manage, invest and reinvent
the corpus of the trust and to collect
the income therefrom in accordance
with the rights, powers, duties, authority
and discretion hereinafter set forth.
The Trustee is directed to pay all
the expenses, taxes and costs incurred
in the management of the trust estate
out of the income thereof.
(b) After payment of all expenses,
taxes and costs incurred in the management
of the expenses, taxes and costs incurred
in the management of the trust estate,
the Trustee is authorizes to accumulate
the net income or to pay or apply
so much of the net income and such
portion of the principal at any time
and from time to time to time for
health, education, support, comfortable
maintenance and welfare of: (1) My
daughter, Lisa Marie Presley, and
any other lawful issue I might have,
(2) my grandmother, Minnie Mae Presley,
(3) my father, Vernon E. Presley,
and (4) such other relatives of mine
living at the time of my death who
in the absolute discretion of my Trustees
are in need of emergency assistance
for any of the above mentioned purposes
and the Trustee is able to make such
distribution without affecting the
ability of the trust to meet the present
needs of the first three numbered
categories of beneficiaries herein
mentioned or to meet the reasonably
expected future needs of the first
three classes of beneficiaries herein
mentioned. Any decision of the Trustee
as to whether or not distribution,
to any of the persons described hereunder
shall be final and conclusive and
not subject to question by any legatee
or beneficiary hereunder.
(c) Upon the death of my Father,
Vernon E. Presley, the Trustee is
instructed to make no further distributions
to the fourth category of beneficiaries
and such beneficiaries shall cease
to have any interest whatsoever in
this trust.
(d) Upon the death of both my said
father and my said grandmother, the
Trustee is directed to divide the
Residuary Trust into separate and
equal trusts, creating one such equal
trust for each of my lawful children
then surviving and one such equal
trust for the living issue collectively,
if any, of any deceased child of mine.
The share, if any, for the issue of
any such deceased child, shall immediately
vest in such issue in equal shares
but shall be subject to the provisions
of Item V herein. Separate books and
records shall be kept for each trust,
but it shall not be necessary that
a physical division of the assets
be made as to each trust.
The Trustee may from time to time
distribute the whole or any part of
the net income or principal from each
of the aforesaid trusts as the Trustee,
in its uncontrolled discretion, considers
necessary or desirable to provide
for the comfortable support, education,
maintenance, benefit and general welfare
of each of my children. Such distributions
may be made directly to such beneficiary
or to the guardian of the person of
such beneficiary and without repsonsibilty
on my Trustee to see to the application
of nay such distributions and in making
such distributions, the Trustee shall
take into account all other sources
of funds known by the Trustee to be
available for each respective beneficiary
for such purpose.
(e) As each of my respective children
attains the age of twenty-five (25)
years and provided that both my father
and my grandmother are deceased, the
trust created hereunder for such child
care terminate, and all the remainder
of the assets then contained in said
trust shall be distributed to such
child so attaining the age of twenty-five
(25) years outright and free of further
trust.
(f) If any of my children for whose
benefit a trust has been created hereunder
should die before attaining the age
of twenty- five (25) years, then the
trust created for such a child shall
terminate on his death, and all remaining
assets then contained in said trust
shall be distributed outright and
free of further trust and in equal
shares to the surviving issue of such
deceased child but subject to the
provisions of Item V herein; but if
there be no such surviving issue,
then to the brothers and sisters of
such deceased child in equal shares,
the issue of any other deceased child
being entitled collectively to their
deceased parent's share. Nevertheless,
if any distribution otherwise becomes
payable outright and free of trust
under the provisions of this paragraph
(f) of the Item IV of my will to a
beneficiary for whom the Trustee is
then administering a trust for the
benefit of such beneficiary under
provisions of this last will and testament,
such distribution shall not be paid
outright to such beneficiary but shall
be added to and become a part of the
trust so being administered for such
beneficiary by the Trustee.
Item V
Distribution to Minor Children
If any share of corpus of any trust
established under this will become
distributable outright and free of
trust to any beneficiary before said
beneficiary has attained the age of
eighteen (18) years, then said share
shall immediately vest in said beneficiary,
but the Trustee shall retain possession
of such share during the period in
which such beneficiary is under the
age of eighteen (18) years, and, in
the meantime, shall use and expend
so much of the income and principal
for the care, support, and education
of such beneficiary, and any income
not so expended with respect to each
share so retained all the power and
discretion had with respect to such
trust generally.
Item VI
Alternate Distributees
In the event that all of my descendants
should be deceased at any time prior
to the time for the termination of
the trusts provided for herein, then
in such event all of my estate and
all the assets of every trust to be
created hereunder (as the case may
be) shall then distributed outright
in equal shares to my heirs at law
per stripes.
Item VII
Unenforceable Provisions
If any provisions of this will are
unenforceable, the remaining provisions
shall, nevertheless, be carried into
effect.
Item VIII
Life Insurance
If my estate is the beneficiary
of any life insurance on my life at
the time of my death, I direct that
the proceeds therefrom will be used
by my Executor in payment of the debts
, expenses and taxes listed in Item
I of this will, to the extent deemed
advisable by the Executor. All such
proceeds not so used are to be used
by my Executor for the purpose of
satisfying the devises and bequests
contained in Item IV herein.
Item IX
Spendthrift Provision
I direct that the interest of any
beneficiary in principal or income
of any trust created hereunder shall
not be subject to claims of creditors
or others, nor to legal process, and
may not be voluntarily or involuntarily
alienated or encumbered except as
herein provided. Any bequests contained
herein for any female shall be for
her sole and separate use, free from
the debts, contracts and control of
any husband she may ever have.
Item X
Proceeds From Personal Services
All sums paid after my death (either
to my estate or to any of the trusts
created hereunder) and resulting from
personal services rendered by me during
my lifetime, including, but not limited
to, royalties of all nature, concerts,
motion picture contracts, and personal
appearances shall be considered to
be income, notwithstanding the provisions
of estate and trust law to the contrary.
Item XI
Executor and Trustee
I appoint as executor of this, my
last will and testament, and as Trustee
of every trust required to be created
hereunder, my said father.
I hereby direct that my said father
shall be entitled by his last will
ant testament, duly probated, to appoint
a successor Executor of my estate,
as well as a successor Trustee or
successor Trustees of all the trusts
to be created under my last will and
testament.
If, for any reason, my said father
be unable to serve or to continue
to serve as Executor and/or as Trustee,
or if he be deceased and shall not
have appointed a successor Executor
or Trustee, by virtue of his last
will and testament as stated -above,
then I appoint National Bank of Commerce,
Memphis, Tennessee, or its successor
or the institution with which it may
merge, as successor Executor and/or
as successor Trustee of all trusts
required to be established hereunder.
None of the appointees named hereunder,including
any appointment made by virtue of
the last will and testament of my
said father, shall be required to
furnish any bond or security for performance
of the respective fiduciary duties
required hereunder, notwithstanding
any rule of law to the contrary.
Item XII
Powers, Duties, Privileges and Immunities
of the Trustee
Except as otherwise stated expressly
to the contrary herein, I give and
grant to the said Trustee (and to
the duly appointed successor Trustee
when acting as such) the power to
do everything he deems advisable with
respect to the administration of each
trust required to be established under
this, my last will and Testament,
even though such powers would not
be authorized or appropriate for the
Trustee under statutory or other rules
of law. By way of illustration and
not in limitation of the generality
of the foregoing grant of power and
authority of the Trustee, I give and
grant to him plenary power as follows:
(a) To exercise all those powers
authorized to fiduciaries under the
provisions of the Tennessee Code Annotated,
Sections 35-616 to 35-618, inclusive,
including any amendments thereto in
effect at the time of my death, and
the same are expressly referred to
and incorporated herein by reference.
(b) Plenary power is granted to
the Trustee, not only to relieve him
from seeking judicial instruction,
but to the extent that the Trustee
deems it to be prudent, to encourage
determinations freely to be made in
favor of persons who are the current
income beneficiaries. In such instances
the rights of all subsequent beneficiaries
are subordinate, and the Trustee shall
not be answerable to any subsequent
beneficiary for anything done or omitted
in favor of a current income beneficiary
may compel any such favorable or preferential
treatment. Without in anywise minimizing
or impairing the scope of this declaration
of intent, it includes investment
policy, exercise of discretionary
power to pay or apply principal and
income, and determination principal
and income questions;
(c) It shall be lawful for the Trustee
to apply any sum that is payable to
or for the benefit of a minor (or
any other person who in the Judgment
of the Trustee, is incapable of making
proper disposition thereof) by payments
in discharge of the costs and expenses
of educating, maintaining and supporting
said beneficiary, or to make payment
to anyone with whom said beneficiary
resides or who has the care or custody
of the beneficiary, temporarily or
permanently, all without intervention
of any guardian or like fiduciary.
The receipt of anyone to whom payment
is so authorized to be made shall
be a complete discharge of the Trustees
without obligation on his part to
see to the further application hereto,
and without regard to other resource
that the beneficiary may have, or
the duty of any other person to support
the beneficiary;
(d) In Dealing with the Trustee,
no grantee, pledge, vendee, mortgage,
lessee or other transference of the
trust properties, or any part therof,
shall be bound to inquire with respect
to the purpose or necessity of any
such disposition or to see to the
application of any consideration therefore
paid to the Trustee.
Item XIII
Concerning the Trustee and the Executor
(a) If at any time the Trustee shall
have reasonable doubt as to his power,
authority or duty in the administration
of any trust herein created, it shall
be lawful for the Trustee to obtain
the advice and counsel of reputable
legal counsel without resorting to
the courts for instructions; and the
Trustee shall be fully absolved from
all liability and damage or detriment
to the various trust estates of any
beneficiary thereunder by reason of
anything done, suffered or omitted
pursuant to advice of said counsel
given and obtained in good faith,
provided that nothing contained herein
shall be construed to prohibit or
prevent the Trustee in all proper
cases from applying to a court of
competent jurisdiction for instructions
in the administration of the trust
assets in lieu of obtaining advice
of counsel.
(b) In managing, investing, and
controlling the various trust estates,
the Trustee shall exercise the judgment
and care under the circumstances then
prevailing, which men of prudence
discretion and judgment exercise in
the management of their own affairs,
not in regard to speculation, but
in regard to the permanent disposition
of their funds, considering the probable
income as well as the probable safety
of their capital, and, in addition,
the purchasing power of income distribution
to beneficiaries.
(c) My Trustee (as well as my Executor)
shall be entitled to reasonable and
adequate and adequate compensation
for the fiduciary services rendered
by him.
(d) My Executor and his successor
Executor and his successor Executor
shall have the same rights, privileges,
powers and immunities herein granted
to my Trustee wherever appropriate.
(e) In referring to any fiduciary
hereunder, for purposes of construction,
masculine pronouns may include a corporate
fiduciary and neutral pronouns may
include an individual fiduciary.
Item XIV
Law Against Perpetuities
(a) Having in mind the rule against
perpetuities, I direct that (notwithstanding
anything contained to the contrary
in this last will and testament) each
trust created under this will (except
such trust created under this will
(except such trusts as have heretofore
vested in compliance with such rule
or law) shall end, unless sooner terminated
under other provisions of this will,
twenty-one (21) years after the death
of the last survivor of such of the
beneficiaries hereunder as are living
at the time of my death; and thereupon
that the property held in trust shall
be distributed free of all trust to
the persons then entitled to receive
the income and/or principal therefrom,
in the proportion in proportion in
which they are then entitled to receive
such income.
(b) Notwithstanding anything else
contained in this will to the contrary,
I direct that if any distribution
under this will become payable to
a person for whom the Trustee is then
administering a trust created hereunder
for the benefit of such person, such
distribution shall be made to such
trust and not to the beneficiary outright,
and the funds so passing to such trust
shall become a part thereof as corpus
and be administered and distributed
to the same extent and purpose as
if such funds had been a part of such
a trust at its inception.
Item XV
Payment of Estate and Inheritance
Taxes
Notwithstanding the provisions of
Item X herein, I authorize my Executor
to use such sums received by my estate
after my death and resulting from
my personal services as identified
in Item X as he deem necessary and
advisable in order to pay the taxes
referred to in Item I of my said will.
In WITNESS WHEREOF, I, the said
ELVIS A. PRESLEY, do hereunto set
my hand and seal in the presence of
two (2) competent witnesses, and in
their presence do publish and declare
this instrument to be my Last Will
and Testament, this 3 day of March,
1977.
[Signed by Elvis A. Presley]
ELVIS A. PRESLEY
The foregoing instrument, consisting
of this and eleven (11) preceding
typewritten pages, was signed, sealed,
published and declared by ELVIS A.PRESLEY,
the Testator, to be his Last Will
and Testament, in our presence, and
we, at his request and in his presence
and in the presence of each other,
have hereunto subscribed our names
as witnesses, this 3 day of March,
1977, at Memphis, Tennessee.
[Signed by Ginger Alden]
Ginger Alden residing at 4152 Royal
Crest Place
[Signed by Charles F. Hodge]
Charles F. Hodge residing at 3764
Elvis Presley Blvd.
[Signed by Ann Dewey Smith]
Ann Dewey Smith residing at 2237 Court
Avenue.
State of Tennessee
County of Shelby
Ginger Alden, Charles F. Hodge,
and Ann Dewey Smith, after being first
duly sworn, make oath or affirm that
the foregoing Last Will and Testament,
in the sight and presence of us, the
undersigned, who at his request and
in his sight and presence, and in
the sight and presence of each other,
have subscribed our names as attesting
witnesses on the 3 day of March, 1977,
and we further make oath or affirm
that the Testator was of sound mind
and disposing memory and not acting
under fraud, menace or undue influence
of any person, and was more than eighteen
(18) years of age; and that each of
the attesting witnesses is more than
eighteen (18) years of age.
[Signed by Ginger Alden]
Ginger Alden
[Signed by Charles F. Hodge]
Charles F. Hodge
[Signed by Ann Dewey Smith]
Ann Dewey Smith
Sworn To And Subscribed before me
this 3 day of March, 1977.
Drayton Beecker Smith II Notary
Public
My commission expires:
August 8, 1979
Admitted to probate and Ordered
Recorded August 22, 1977
Joseph W. Evans, Judge
Recorded August 22, 1977
B.J. Dunavant, Clerk
By: Jan Scott, D.C.
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