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' ITEM III,
F~u-
~ i : ~r;~C ~ Simultaneous Deaths
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In the event that my wife and I shall perish in a common accident
or as a result of a common disaster or under such circumstaaces t~at ii
will be impossible to determine which of us died first, it shall be presumed
~ that she survived me; and this presumption shall apply throughout this Will, ~
ITEM IV,
Residuary Trust,
I give, devise and bequeath all of the rest, residue and remain-
der of my estate, real, personal and rriixed, wheresoever situate, o~f which ~
I may die seized or possessed, or to which I may be entitled at the time of `
; my decease, to my vylfe, MARy W. TOOLE, and THE FIRST NATIONAL
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; BANK OF TAtiIPA, Tampa, Florida, IN TRUST, for the following uses ~
~ and purposes: ~ ~ ~
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~ Sectioa 1.Income To or For 1~Vife For Terz*i of Years. To pay
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. over to or apply for the benefit of my wife, MAR,y W, TOOLE, if she sur-
vives me, in convenient installments, as nearly equal as practicable and
at least quarter annually, all of the net income from this trust, for a per-
iod of five (5) years, commencing with the date of my death, and then to
terminate this trust; in the event my said wife shall die before the expira-
tion of five (5) years following my death, tn.is trus*_ shall be terminated,
Section 2. Distribution U~on Termination. Upon the termina-
; tion oE tnis trust, or upon my death if my said wife does not survive me,
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~ to pay over, deli~er, assign, transfer, or convey the principal of this ;
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~ trnst to my nieces and nephews, PATRICIA TOOL:E of New York City,
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{ KATHLr.r.N TOOLE JONES of Gainesville, Florida, FRANKLIN TOOLE,
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~ JR. , JOHiV C. TOOLE, JR. , WARREN W. TOOLE, FRANCES 1~iAKEMIE ~
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TOOLE and KATi-iRy;V ANN TOOLE, all of Tampa, Florida, equally,
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snare an3 share alike, to have and to hold to the:n and to their heirs an3
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~ ~ssi~nS forever.
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