The URL can be used to link to this page

Home My WebLink About1172 . j ' ~ti1. LUI;tlt L'UUNI T, F4At - '80 OCI 20 PM I : 30 X403 ~ 8 5 2 ~ p LAST WILL AND TESTAI~.NT ~ ' : ` ~ . ~ - . I; JQiN B. FILIBERTO, a resident of Port St. Lucie, St. Lucie County, Florida, do make and publish this, my LAST WILL AND TESTA1~gNT, hereby revoking all Wills and other testamentary instruments heretofore made by me. ARTICLE I - IDF.IJ1'IFICATIa1V - - My spouse's name is CATI~ERINF. C. FILIBF.R'1'n. All references in this Will to "my spouse" are to such spouse. I have three (3) children, F.LVIRA T. FAR.Q(AUUi, Jq-W C: FILIBERTO, and J06EPH A. FILIBERTO. All references in this Will to "my child or children" are to EI.VIRA T. FARQUiAR only, unless specifically stated otherwise . I have intentionally made no provision herein for .I~!-QV C. FILIBERTO and JOSEPH B. FILIBERTO, as I have nr~vided amply for them during ny lifetime. All references in this IVill to "grandchildren'' are to F:LENA VAIDA and LISEA VAITIA, the children of my deceased daughter, TK1LORT:S VAIDA. ARTICLE II -SPECIFIC GIFTS I 2.1 Personal Effects. I devise all of my remaining tangible personal property of every kind and wherever located to my spouse if she survives me. If my _ ~ spouse dces~not survive, then said property shall go to my daughter, ELVIRA i T. FARQlk1AR. ARTICLE III - h1ARITAI. TRUST 3.1 Ills ition if S ouse is the Survivor. If my spouse survives me, the j Executor shall divide the residue of my estate into two (2) separate parts, designated as "1Narital Trust" and "Residue", to be ascertained as follows: j ~ 3'. 2 rlarital. Trust. There shall be allocated to the Marital Trust property equa din value to the maximum allowable marital deduction available to my estate for Federal estate tax purposes, reduced by the aggregate value of all other pro- nerty and interests in property included in my gmss estate for Federal estate ~ . tax purposes and which pass or have passed to my spouse, otherwise than here- { under, in such a manner as to qualify for the marital deduction in said pro- 1 ceeding. Provided, however-, that if allowance of said maximum allowable marl- . tal deduction would result in no Federal estate tax due, then the property so allocated to the Marital Trust shall be reduced to the minimum which, after - taking into account all credits allowable, will continue to result in no - Federal estate tax due. ~No assets sha1T be allocated to the I?tarital Trust in respect of which no marital deduction is allowed. The Executor shall not exercise arty power in such a manner as to disqual-ify the Alarital Trust from the marital deduction. " 1 ARTICLE IV - ADMINISTl2ATI~1N OF 'MARITAL TRUST 4.1 Distributions. Beginning as of the date of my death the Trustee shall pay to or apply for. my spouse during said spouse's lifetime all of the net income i - of the I~tarital Trust, at least quarter-annually, .and as much principal of this trust to provide adequately for said spouse's comfortable support and health, ' at arty time or from time to time as the Trustee shall determine in its sole discretion: _ i. ' e ~ BE~J"R1. ;