LAST WILL AND TESTAMENT of: John Smith I, John Smith, a resident of local jurisdiction, United States of America, declare that this is my Will. FIRST: I revoke all Wills and Codicils that I have previously made. SECOND: I am married to Mary Smith, and all references in this Will to my "wife" or "my spouse" are to her. I have 2 children now living: Jim-Bob, John-Boy. I have no deceased children. All references in this Will to "my child" or "my children" include any and all children hereinafter born to or adopted by me. THIRD: I confirm to my wife all of her interest in our community property. FOURTH: I give all my jewelry, clothing, household furniture and furnishings, personal automobiles and other tangible articles of a personal nature, or my interest in any such property not otherwise disposed of by this Will or in any other manner together with any insurance on the property, to my wife if she survives me by thirty (30) days, and if she does not, to my children who survive me for that period in equal shares as they shall agree, or as my Executor shall in my Executor's discretion determine if my children do not agree. My executor shall represent any child who has not reached the age of majority in matters relating to any distribution under this paragraph, including selection of the assets that shall constitute that child's share, and my Executor may, in my Executor's discretion, sell for the child's account any part of that child's share. Any property or its proceeds distributable to a child under the age of majority pursuant to this paragraph, may be delivered without bond to any suitable person with whom he or she resides or who has the care or control of the minor. FIFTH: I leave the following special gift: Ten Dollars to the church. to The church.. SIXTH: I give the residue of my estate as follows: 1. If my wife survives me by thirty (30) days, I give the residue of my estate to her. 2. If my wife does not survive me by thirty (30) days, I give the residue of my estate to my children who Page 1 Will of John Smith: January 1, 1980 survive me for thirty (30) days, and if any of them do not, to his or her issue who survive me for that period, by right of representation. If any of my children does not survive me by thirty (30) days, and dies without leaving issue, the share that would have been given to that child had he survived me by thirty (30) days shall be distributed pro rata with the gifts which are effectively distributed under this paragraph. SEVENTH: I declare that it is my intention to have my body cremated and my ashes I wish my ashes to be left at the mall, along with the money my family spent.. I direct my Executor to take all steps necessary to carry out such arrangements. EIGHTH: If the other parent of my children does not survive me and at my death any of my children are minors, I appoint Larry Smith as guardian of the person and as guardian of the estate of my minor child or children, and I request that no bond be required of him or her. NINTH: I nominate Mary Smith as Executor of this Will, to serve without bond. If she shall for any reason fail to qualify as Executor, I nominate Barry Smith as Executor to serve without bond. If, for any reason, neither my spouse nor Barry Smith qualifies to be my Executor, then I nominate Kerry Smith to serve as Executor and request that no bond be required of him or her. The term "my Executor" as used in this Will shall include any personal representative of my estate. I authorize my Executor to sell, with or without notice, at either public or private sale, and to lease any property belonging to my estate, subject only to such confirmation of court as may be required by law. I authorize my Executor to invest and reinvest any surplus money in the Executor's hands in every kind of property, real, personal, or mixed and every kind of investment, specifically including but not limited to interest bearing accounts, corporate obligations of every kind, preferred or common stocks, shares of investment trusts, investment companies, mutual funds, or common trust funds, including funds administered by the Executor, and mortgage participations, that persons of prudence, discretion, and intelligence acquire for their own account. No bequest provided for in this Will or in any codicil hereto shall bear interest if not paid or satisfied within any period prescribed by law. TENTH: I further authorize my Executor either to continue the operation of any business belonging to my estate for such time and in such manner as my Executor may deem advisable and for the best interests of my estate, or to sell or liquidate the business at such time Page 2 Will of John Smith: January 1, 1980 and on such terms as my Executor may deem advisable and for the best interests of my estate. Any such operation, sale, or liquidation by my Executor, in good faith, shall be at the risk of my estate and without liability on the part of my Executor for any resulting losses. ELEVENTH: I direct that all inheritance, estate, or other death taxes (excluding any additional tax imposed under Internal Revenue Code Section 2032A or any generation skipping transfer tax) that may by reason of my death be attributable to my probate estate or any portion of it, or to any property or transfers of property outside my probate estate, shall be paid by my Executor out of the residue of my estate disposed of by this Will, without adjustment among the residuary beneficiaries, and shall not be charged against or collected from any beneficiary of my probate estate, or from any transferee or beneficiary of any property outside my probate estate. TWELFTH: Except as otherwise provided in this Will, I have intentionally failed to provide herein for any of my heirs, and I specifically disinherit any person claiming to be my heir who is not provided for in this Will. If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any gift or other provision I have made to or for that person under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue. THIRTEENTH: As used in this Will, the term "issue" shall refer to lineal descendants of all degrees, and the terms "child," "children," and "issue" shall include adopted persons. However, in no event shall any of these terms include any foster child or stepchild, regardless of the existence of a parent-and-child relationship between that person and myself. I subscribe my name to this Will on ________________, _________, at Orange, United States of America. _____________________________ John Smith Page 3 Will of John Smith: January 1, 1980 On the date written below, John Smith declared to us, the undersigned, that this instrument, consisting of these few pages including the page signed by us as witnesses, was his Will and requested us to act as witnesses to it. He thereupon signed this Will in our presence, all of us being present at the same time. We now, at his request, in his presence and in the presence of each other, subscribe our names as witnesses. Each states that the testator is not a minor and appears to be of sound mind and that we have no knowledge of any facts indicating that the foregoing instrument, or any part of it, was procured by duress, menace, fraud or undue influence. We, each for himself or herself, declare that each of us is over the age of majority, and that each of us is, and the others appear to be of sound mind. We, each for himself or herself, declare under penalty of perjury that the foregoing is true and correct and that this attestation and this declaration are executed on the ___________ day of _______________________, 19___ at Orange, United States of America. ________________________ residing at: ___________________________ ___________________________ ________________________ residing at: ___________________________ ___________________________ ________________________ residing at: ___________________________ ___________________________ Page 4 Will of John Smith: January 1, 1980