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HomeMy WebLinkAbout1174 i ARTICLE VII -ADMINISTRATION AND FIIx1CIARY APP(_1INT+uFNfS 7,1 Appointment of Fiduciaries. I appoint nN spouse and WALTER S. KAIVF., ES(1., as the Executor of my Will and estate. I appoint my spouse, my daughter ELVIRA T. FARQUHAR, and WALTER S. KANE, ESQ., as Trustee of all trusts created by this Will. Unless another meaning is clearly indicated, the team "Executor" or 'Trustee" shall also mean and include arty Co-fiduciaries and arty successors. 7,2 Bond Waiver. No bond or other security shall be required of my Executor or Trustee. nor any successor in any jurisdiction. 7.3 Survival Presumptions. In the event that the death of my spouse and I shall occur under circumstances under which there is not sufficient evidence as ~ to ~~vhich of us predeceased the other, it shall be presumed for purposes of dis- position under this Will, that my spouse survive3 me. ! ARTICLE VIII -ADMINISTRATIVE PROVISIONS All inheritance, estate, legacy, succession and transfer taxes and other simila taxes, including .any interest or penalties thereon, assessed by reason of my ` death against my taxable estate or the recipient thereof, whether on property ~ passing by this 1Vi11 or otherwise shall be paid from that portion of my resi- _ duary estate which is .not included in the share of my estate qualifying for the l~marital deduction. ARTICLE IX -FIDUCIARY P(xVERS riy Executor and Trustee (including any substitute or successor ixecutor or Trustee) shall have all those powers fmm time to time granted ~by the law and ~ (any amendment thereto during the course of the administration of my estate and of each trust created. ~ i o . ARTICLE X - ACC~1lJN'I'S The written approval of any accounting of the Trustee by the then living adult ~ income beneficiaries shall. be final and binding upon all who are then or may thereafter become entitled to any part of the assets, as to all matters and transactions shown on the account notwithstanding that an approving beneficiary may also be a trustee hereunder. ~ ~ ARTICLE XI -INTERPRETATIONS 11.1 Descendant. References in this Will to "descendant" or "descendants°' mean- child, children, issue and shall also include persons ifiose relationship is such by .adoption. as well as the issue of such adopted persons, whether such issue be lineal or by adoption, and shall include any issue adopted by any person. ..11.2 Interpretations. Pleadings, captions and titles in this Will are solely fo } t convenience of reference only and shall not be construed as effecting the mean- ; ~ ings expressed in the articles and sections therein. Where. context and circtm~- { .stances require, the gender of all words used in this IVill shall include the ~ i ~ - 3 - ~ I ''x ii72 x _ .