Richard M. Nixon
LAST WILL AND TESTAMENT
OF
RICHARD M. NIXON
I, RICHARD M. NIXON, residing in the Borough of Park
Ridge, County of Bergen and State of New Jersey, being of
sound and disposing mind and memory, do hereby make,
publish and declare this to be my Last Will and Testament,
revoking all prior Wills and codicils.
ARTICLE ONE
I give and bequeath to THE RICHARD NIXON LIBRARY
AND BIRTHPLACE (hereinafter sometimes referred to as
the "Library") for its uses, an amount equal to the "adjusted
proceeds amount" (as hereinafter defined) ; provided,
however, that if there are any outstanding and unpaid
amounts on pledges I have made to the Library, including,
specifically, any amounts unpaid on the One Million Two
Hundred Thousand Dollar pledge made in 1993, then the
adjusted proceeds amount under this bequest shall be paid
first directly to the Library to the extent necessary to satisfy
such charitable pledge or pledges, and provided further, that
if at the time of my death or distribution the Library is not
an organization described in Sections 170(c) and 2055(a) of
the Internal Revenue Code of 1986, as amended (the
"Code"), which would entitle the estate to a charitable
deduction for Federal Estate Tax purposes, I give and
bequeath such property to THE NIXON BIRTHPLACE
FOUNDATION, provided further, if THE NIXON
BIRTHPLACE FOUNDATION is not then an organization
described in Sections 170(c) and 2055(a) of the Code, I
give and bequeath such property to such organization or
organizations described in said Sections of the Code in such
shares as my executors shall designate by written and
acknowledged instrument filed within six months from the
date of my death with the clerk of the court in which this
Will shall have been admitted to probate.
In the event such property is distributed to an organization
other than the RICHARD NIXON LIBRARY &
BIRTHPLACE, I request such organization to bear in mind
my wish that such property ultimately repose in such
Library, if and when it qualifies as a charitable organization
under Sections 170(c) and 2055(a) of the Code.
The term "adjusted proceeds amount" shall be defined as
the excess of
(i) the amount due or paid to me and/or my estate under the
judgment entered following the decision of the United
States Court of Appeals for the District of Columbia Circuit
in the case of Richard Nixon v United States of America,
decided on November 17, 1992, and/or any concurrent or
subsequent proceedings relating or pertaining thereto, and
any related or subsequent case, provided that any such
amounts paid during my life shall only be included as
adjusted proceeds to the extent such amounts as of the date
of my death are held or invested in a segregated and
traceable account or accounts over
(ii) the sum of (a) the amount of all attorneys' fees and
other costs or expenses, whether previously paid or unpaid,
associated with or incurred in connection with such
proceedings or any case similar to or relating thereto and all
other attorneys' fees from 1974 on, which my estate or I
have paid or which are outstanding, excluding, however,
any attorneys' fees paid to the firm of which William E.
Griffin has been a member, and (b) One Million Four
Hundred Fifty Thousand Dollars, the amount equal to my
contribution to the Library made in 1992. The amounts
under (a) and (b) of this subparagraph (ii) shall be part of
my residuary estate.
It is my intention, by this bequest, to make a charitable gift
of any "windfall" received under the lawsuits referred to
above, and to first make my family whole by recovering all
of the legal expenses I have incurred or my estate is to incur
because of these and other lawsuits.
ARTICLE TWO
A. Subject to the restrictions contained in this paragraph
and any other restrictions contained in this Will, I give and
bequeath all items of tangible personal property that I shall
own at my death which relate to events of my official or
personal life or the official or personal life of my deceased
wife, PATRICIA R. NIXON, which have had historical or
commemorative significance, except for my "personal
diaries", which are defined and disposed of in Paragraph B
of this Article, to THE RICHARD NIXON LIBRARY &
BIRTHPLACE; provided, however, that if at the time of
my death or distribution such Library is not an organization
described in Sections 170(c) and 2055(a) of the Code,
which would entitle the estate to a charitable deduction for
Federal Estate Tax purposes, I give and bequeath such
property to THE NIXON BIRTHPLACE FOUNDATION,
provided further that if THE NIXON BIRTHPLACE
FOUNDATION is not then an organization described in
Sections 170(c) and 2055(a) of the Code, I give and
bequeath such property to such organization or
organizations described in said Sections of the Code in such
shares as my executors shall designate by written and
acknowledged instrument filed within six months from the
date of my death with the clerk of the court in which this
Will shall have been admitted to probate.
In the event such property is distributed to an organization
other than the RICHARD NIXON LIBRARY &
BIRTHPLACE, I request such organization to bear in mind
my wish that such property ultimately repose in such
Library, if and when it qualifies as a charitable organization
tinder Sections 170(c) and 2055(a) of the Code. Such
tangible personal property shall include, without limitation,
awards, plaques, works of art of all kinds, medals,
membership or achievement certificates, commemorative
stamps and coins, religious items, commemorative
and personal photographs and all correspondence,
documents, notes, memoranda, letters and all other writings
that I own at my death, of whatever kind and nature,
personal or public, whether inscribed by me or not
inscribed by me and whether written by me or to me. I
direct that the determination as to which items of my
tangible personal property are included in this bequest, and
which items are items of tangible personal property
disposed of under Paragraph C of this Article, shall be
based on the decision of my executors; however, it is
my wish that my executors consult with my surviving
daughters in making this determination. The determination
of my executors shall be conclusive and binding upon all
parties interested in my estate.
Notwithstanding the above provisions, my daughters,
PATRICIA NIXON COX and JULIE NIXON
EISENHOWER, or the survivor, or if neither daughter is
surviving, my executors, shall have the right, within six
months of my date of death, to go through all of such
tangible personal property, to take any such property
appraised at no value, or any other items of such tangible
personal property, provided that under no circumstances
shall the amount of such property taken by my daughters
exceed in value three (3%) percent of the total value of all
such property included in this Paragraph A.
B. I give and bequeath me "personal diaries" (as
hereinafter defined) in equal shares to my daughters, JULIE
NIXON EISENHOWER and PATRICIA NIXON COX, or
all to the survivor. If either or both of my daughters shall,
disclaim some or all or parts of my "personal diaries", such
disclaimed items shall be distributed to THE RICHARD
NIXON LIBRARY AND BIRTHPLACE (the "Library")
for its uses; provided, however, that if at the time of my
death or distribution the Library is not an organization
described in Sections 170(c) and 2055(a) of the Internal
Revenue Code of 1986, as amended (the "Code"), which
would entitle the estate to a charitable deduction for Federal
Estate Tax purposes, I give and bequeath such property to
THE NIXON BIRTHPLACE FOUNDATION, provided
further that if THE NIXON BIRTHPLACE
FOUNDATION is not then an organization described in
Sections 170(c) and 2055(a) of the Code, I give and
bequeath such property to such organization or
organizations described in said Sections of the Code in such
shares as my executors shall designate by written and
acknowledged instrument filed within six months from the
date of my death with the clerk of the court in which this
Will shall have been admitted to probate.
In the event such property is distributed to an organization
other than the RICHARD NIXON LIBRARY &
BIRTHPLACE, I request such organization to bear in mind
my wish that such property ultimately repose in such
Library, if and when it qualifies as a charitable organization
under Sections 170(c) and 2055(a) of the Code.
If neither of my daughters survives me, I direct my
executors to collect and destroy my "personal diaries.
Notwithstanding any other provisions of this Will, if
neither of my daughters survives me, the property
constituting my "personal diaries" shall be subject to the
following restrictions: At no time shall my executors be
allowed to make public, publish, sell, or make available to
any individual other than my executor (or except as
required for Federal tax purposes) the contents or any part
or all of my "personal diaries" and, provided further, that
my executors shall, within one year from the date of my
death or, if reasonably necessary, upon the later receipt of a
closing estate tax letter from the Internal Revenue Service,
destroy all of my "personal diaries".
My "personal diaries" shall be defined as any notes, tapes,
transcribed notes, folders, binders, or books that are owned
by me or to which I may be entitled under a judgment of
law including, but not limited to, folders, binders, or books
labeled as Richard Nixon's Diaries, Diary Notes, or labeled
just by dates, that may contain my daily, weekly or monthly
activities, thoughts or plans. The determination of my
executors as to what property is included in this bequest
shall be conclusive and binding upon all parties interested
in my estate; however, it is my wish that my executors
consult with my surviving daughters and/or my office staff
in making this determination.
C. If at the time of my death any lawsuit or lawsuits are
pending regarding the ownership of any of my tangible
personal property including, but not limited to, all of the
tangible personal property listed in Paragraph A above, I
Specifically direct my executors to continue such lawsuits
for as long as they, in their discretion, deem it appropriate
to do so, knowing my wishes in this matter.
D. I give and bequeath the balance of the tangible personal
property I shall own at my death, not otherwise effectively
disposed of in this Will, to my issue, per stirpes. If both of
my daughters, PATRICIA NIXON COX and JULIE
NIXON EISENHOWER, shall survive me, such tangible
personal property shall be divided between my daughters in
such manner as they shall agree, or in the absence of
agreement, or if any child is a minor, as my executors
determine, which determination shall be conclusive upon
all persons interested in my estate.
E. I authorize and empower my executors to pay, and to
charge as administration expenses of my estate, the
expenses of storing, packing, insuring and mailing or
delivering any article of tangible personal property
hereinabove disposed of.
ARTICLE THREE
A. If my granddaughter, MELANIE EISENHOWER,
survives me, I give and bequeath to her the sum of Seventy
Thousand ($70,000.00) Dollars.
B. If my grandson, ALEXANDER RICHARD
EISENHOWER, survives me, I give and bequeath to him
the sum of Thirty Thousand ($30,000.00) Dollars.
C. If my grandson, CHRISTOPHER COX, survives me, I
give and bequeath to him the sum of Ten Thousand
($10,000.00) Dollars.
The specific bequests to my grandchildren named above are
made to equalize the gifts made to all of my grandchildren
during my life. The disparity in amounts, or lack of a
bequest, is not intended and should not be interpreted as a
sign of favoritism for one grandchild over another.
ARTICLE FOUR
All of the rest, residue and remainder of my estate, real and
personal, wherever situated, including any lapsed or
ineffective legacies or devises (but excluding any property
over which I may have a power of appointment, it being my
intention not to exercise any such power), herein sometimes
referred to as my "residuary estate", I dispose of as follows:
A. I give and bequeath the sum of Fifty Thousand
($50,000.00) Dollars to each grandchild of mine who
survives me.
B. I give, devise and bequeath the balance of my residuary
estate to my issue, per stirpes.
C. Notwithstanding any other provisions of this will, if any
bequest or share of my estate under this Article FOUR
would be payable to a grandchild of mine for whose benefit
a separate trust created under the Will of my deceased wife,
PATRICIA R. NIXON, is then in existence, I direct that
such bequest or share of my estate shall be distributed to
the trustee(s) of such trust, to be added to, administered and
disposed of as part of the principal of such trust in
accordance with the terms Of such trust; and, provided
further, that if the addition of any portion or all of this
residuary bequest or share of my estate to a trust for a
grandchild under the Will of PATRICIA R. NIXON shall
cause such trust to have an inclusion ratio greater than zero
for purposes of the Generation Skipping Transfer Tax
provisions of Article 13 of the Code (the "GST tax"), then
any portion, up to the whole, of such bequest or share of
my estate, that is not exempt from the GST tax shall not be
added to the trust, but shall be given to such trustee(s) to be
held in a separate trust under the same terms and
conditions, my intention being to create two separate trusts,
one of which has, for GST tax purposes, an inclusion ratio
of zero, and one of which has an inclusion ratio greater than
zero.
ARTICLE FIVE
If upon my death no issue of mine shall then be living, I
give, devise and bequeath my residuary estate, or the then
remaining principal and, except as hereinabove otherwise
provided, any undistributed or accrued income of such
trust, as the case may be, to THE RICHARD NIXON
LIBRARY & BIRTHPLACE, and if such organization is
not then in existence, to the persons who would have been
my heirs under the laws of intestate distribution of New
Jersey then in effect had I died on the data. of the event
requiring a distribution.
ARTICLE SIX
I direct that all estate, inheritance and other death taxes
(including any interest and penalties thereon) imposed by
any jurisdiction whatsoever by reason of my death upon or
with respect to any property includable in my estate for the
purposes of any such taxes, or upon or with respect to any
person receiving any such property, whether such property
shall pass under or outside, or shall have passed outside, the
provisions of this Will, except for additional estate taxes
imposed by Section 4980(A)(d) of the Code and
generation-skipping transfer taxes imposed under Section
13 of the Code ("GST taxes") which may be payable by
reason of my death, shall be paid, without apportionment,
from the principal of my residuary estate. Any GST tax
payable by reason of my death shall be charged and the
liability for the payment of such GST taxes shall be
determined according to the law of the jurisdiction
imposing such GST tax.
ARTICLE SEVEN
If any beneficiary under this Will and I shall die
simultaneously or in such circumstances as to render it
difficult or impossible to determine who predeceased the
other, it shall conclusively be presumed for the purposes of
this Will that I survived.
ARTICLE EIGHT
I hereby nominate, constitute and appoint my friends,
WILLIAM E. GRIFFIN, and JOHN R. TAYLOR, to be the
co-executors of this Will.
The appointment of my attorney, WILLIAM E. GRIFFIN,
as a co-executor is made with my knowledge and approval
of his receipt of commissions as provided by law, and his
law firms receipt of compensation for legal services
rendered to my estate.
The individuals named in the foregoing paragraph are
granted the continuing discretionary power, exercisable
while in office, and exercisable only unanimously if more
than one of them is then in office, to designate one or more
successors or co-fiduciaries or a succession of successors or
co-fiduciaries in such office to act one at a time or together
with co-fiduciaries, to fill any vacancy occurring in such
office after any successor designated herein shall have
failed to qualify or ceased to act, by written instrument,
duly acknowledged, and to revoke any such designation
prior to the happening of the event upon which it is to
become effective, by a written instrument, duly
acknowledged, and a new designation may be made as
above provided. If there shall be more than one such
designation of successor fiduciary or co-fiduciary in effect
and unrevoked, they shall be effective in the reverse of the
order in which they were made.
Any fiduciary may resign at any time by delivering or
mailing a notice in writing of such resignation to his or her
co- fiduciaries, or, if none, to his or her designated
successor, if such designee has indicated his or her
willingness to act, and thirty days thereafter such
resignation shall take effect. If any fiduciary becomes
disabled, that determination of disability shall also
constitute that individual's immediate resignation as a
fiduciary without any further act. For the purposes of this
paragraph, a person shall be considered disabled if either (i)
a committee, guardian, conservator or similar fiduciary
shall have been appointed for such person or (ii) a court
shall have determined, or two physicians shall have
certified, that the person is incompetent or otherwise unable
to act prudently and effectively in financial affairs.
Each successor fiduciary and co-fiduciary shall have all
rights and discretions which are granted to the executors
named herein, except those which may be specifically
denied in this will.
At any time that there are two or more fiduciaries then in
office, all decisions regarding my estate shall be made by
both or the majority of my fiduciaries in much office.
However, my fiduciaries may from time to time authorize
one of their number, or each of them acting singly, to
execute instruments of any kind on their behalf (including,
but not by way of limitation, any check, order, demand,
assignment, transfer, contract, authorization, proxy,
consent, notice or waiver). Insofar as third parties dealing
with my fiduciaries are concerned instruments executed and
acts performed by one fiduciary pursuant to such
authorization shall be fully binding as if executed or
performed by all of them. An authorization shall be valid
until those acting in reliance on it receive actual notice of
its revocation.
No fiduciary shall be required to give any bond or other
security for the faithful performance of such fiduciary's
duties in any jurisdiction whatsoever; or if any such bond
shall be required, no such fiduciary shall be required to
furnish any surety thereon. No executor shall be required
to file a bond to secure the return of any payment or
payments on account of commissions of such executor.
My individual executors may receive the commissions
allowable under New Jersey Law from time to time during
the period of the administration of my estate and any trusts
hereunder.
Any corporate executor serving hereunder shall receive
compensation in accordance with its Schedule of Fees in
effect from time to time during the period over which its
services are performed.
ARTICLE NINE
I give to my fiduciaries, with respect to any and all
property, whether real or personal, which I may own at the
time of my death, or which shall at any time constitute part
of my estate, including funds held hereunder for persons
under the age of 21 years, and whether constituting
principal or income therefrom, in addition to the authority
and power conferred upon them by law, express authority
and power to be exercised by them as such fiduciaries, in
their discretion, for any purpose, without application to,
authorization from, or confirmation by any court:
a) To retain and to purchase or otherwise acquire stocks,
whether common or preferred, bonds, obligations, shares or
interests in investment companies or investment trusts,
securities issued by or any common trust fund maintained
by any corporate fiduciary, partnership interests, or any
other property, real or personal, of whatsoever nature,
wheresoever situated, without duty to diversify, whether or
not productive of income and whether or not the same may
be authorized by law for the investment of estate funds, it
being my intention to give my fiduciaries the same power
of investment which I myself possess with respect to my
own funds.
b) To deposit funds in the savings or commercial
department of any corporate fiduciary or of any other bank
without limit as to duration or amount.
c) To sell, without prior authorization or confirmation of
the court, at public or private sale, exchange, mortgage,
lease without statutory or other limitation as to duration,
partition, grant options in excess of six months on, alter,
improve, demolish buildings, or otherwise deal with any
property, real or personal, upon any terms and whether for
cash or upon credit, and to execute and deliver deeds,
leases, mortgages or other instruments relating hereto.
d) To exercise in person or by proxy all voting, conversion,
subscription, or other rights incident to the ownership of
any property, including the right to participate in any
corporate reorganization, merger or other transaction and to
retain any property received thereunder and the right to
delegate discretionary power.
e) To borrow from any person, including any corporate
fiduciary, -and to lend money to any person, including any
person beneficially interested hereunder, with or without
security.
f) To compromise or arbitrate claims, to prepay or accept
prepayment of any debt, to enforce or abstain from
enforcing, extend, modify or release any right or claim, or
to hold any claim after maturity without extension, with or
without consideration.
g) To hold separate shares or trusts in solido, and to hold
property in bearer form or in the name of a nominee or
nominees.
h) To execute and deliver deeds or other instruments, with
or without covenants, warranties and representations and
with or without consideration, including releases which
shall discharge the recipient from responsibility for
property receipted for thereby.
i) To abstain from rendering or filing any inventory or
periodic account in any court.
j) Without the consent of any beneficiary, to make division
or distribution in cash or in kind or partly in each. Any
such distribution in kind shall be made at the fair market
value on the date or dates of distribution and may be made
without regard to the tax basis of such property and without
any duty to distribute such assets pro rata among
beneficiaries or to equalize the tax basis recovered by such
beneficiaries, any provision of this will or rule of law to the
contrary notwithstanding.
k) To employ legal and investment counsel, custodians,
accountants and agents for the transaction of any business
of my estate or any trust hereunder or for services or
advice, to pay reasonable compensation therefor out of my
estate or such trust, as may be applicable, and to rely and
act or decline to rely or act upon any information or opinion
furnished by them.
l) To retain or acquire the stock of any corporation in
which any individual fiduciary hereunder or any officer or
director of any corporate fiduciary hereunder may have an
interest, whether as officer, director, employee or
otherwise.
m) To make or join in elections and joint returns under any
tax law; to agree in the apportionment of any joint tax
liability; to exercise or forbear to exercise any income, gift
or estate tax options; to determine the allocation of
exemptions or exercise other elections available to my
executors for generation-skipping transfer tax purposes; and
to make or refrain from making adjustments between
principal and income or between shares of my estate by
reason of any deduction taken for income tax instead of
estate tax purposes or any election as to the date of
valuation of my estate for estate tax purposes, all in such
manner as my executor may deem advisable, and any such
determination made by my executor shall be conclusive and
binding upon all persons affected thereby.
n) To pay out of my general estate in respect of any real or
tangible personal property situated outside the state of the
principal administration of my estate at the time of my
death any administration expense payable under the laws of
the state or country where such property is situated.
o) To pay themselves, individually, at such time or times
and without prior approval of any court or person interested
in my estate or, any trust hereunder or payment of interest
or the securing of any bond or rendering of any annual
statement, account or computation thereof, such sum or
sums on account of commissions to which they may
eventually be entitled hereunder as they, in their discretion,
may determine to be just and reasonable, to charge the
same wholly against principal or wholly against income, or
partially against principal and partially against income, as
they may, in their discretion, determine advisable, and in
the case of any trustee, to retain commissions which they
may determine shall be payable out of income from income
derived from any year preceding or succeeding the year
with respect to which such commissions shall have been
earned.
p) Generally, to exercise in good faith and with reasonable
care all investment and administrative powers and
discretions of an absolute owner which may lawfully be
conferred upon a fiduciary.
ARTICLE TEN
A. Whenever income or Principal is to be distributed or
applied for the benefit of a person under the age of 21
years (referred to as a "minor" in this Article) or a person
who in the sole judgment of my fiduciaries is incapable of
managing his or her own affairs, my fiduciaries may make
payment of such property in any or all of the following
ways:
1. By paying such property to the parent, guardian or other
person having the care and control of such minor for such
minor's benefit or to any authorized person as custodian for
such minor under any applicable Gifts to Minors Act, with
authority to authorize any such custodian to hold such
property until the minor attains the age of 21 years where
permitted under applicable law.
2. By paying such property to the guardian, committee,
conservator or other person having the care and control of
such incapable person.
3. By paying directly to such minor or incapable person
such sums as my fiduciaries may deem advisable as an
allowance.
4. By expending such property in such other manner as my
fiduciaries in their discretion shall determine will benefit
such minor or incapable person.
B. If principal becomes vested in and payable to a minor,
my fiduciaries may make payment thereof in any of the
ways set forth in the preceding paragraph of this Article, or
may, defer payment of any part or all thereof meanwhile
paying or applying to or for the use of such minor so much
or all of such principal and of the income therefrom, as my
fiduciaries in their discretion may deem advisable. Any
income not so expended by my fiduciaries shall be added to
principal. My fiduciaries shall pay any remaining
principal to such minor upon such minor's attaining the age
of 21 years or to such minor's estate upon death prior to
such payment in full.
C. Any payment or distribution authorized in this Article
shall be a full discharge to my fiduciaries with respect
thereto.
ARTICLE ELEVEN
All interests hereunder, whether in principal or income,
while undistributed and in the possession of my executors,
and even though vested or distributable, shall not be subject
to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary, and,
furthermore, shall not be subject to pledge, assignment
conveyance or anticipation by any beneficiary.
ARTICLE TWELVE
The account (intermediate or final) of any executor may be
settled by agreement with the adult beneficiaries interested
in the account and a parent or guardian of those
beneficiaries who are minors, who shall have the full power
on the basis of such settlement to release such fiduciary
from all liability for such fiduciary's acts or omissions as
executor for the period covered thereby. Such settlement
and release shall be binding upon all interested parties
hereunder including those who may be under legal
disability or not yet in being and shall have the force and
effect of a final decree, judgment or order of a court of
competent jurisdiction rendered in an action or proceeding
for an accounting in which jurisdiction was duly obtained
over all necessary and proper parties. The foregoing
provisions, however, shall not preclude any fiduciary from
having such fiduciary's accounts judicially settled if such
fiduciary shall so desire. In any probate, accounting or
other persons interested in my estate are required by law to
be served with process, if a party to the proceeding has the
same interest as or a similar interest to a person under a
legal disability (including, without limitation, an infant or
an incompetent) it shall not be necessary to serve process
upon the person under a disability or otherwise make such
person a party to the proceeding, it being my intention to
avoid the appointment of a guardian ad litem wherever
possible.
ARTICLE THIRTEEN
The validity, construction, effect and administration of the
testamentary dispositions and the other provisions
contained in this will shall, in any and all events, be
administered in accordance with, and construed and
regulated by, the laws of the State of New Jersey from time
to time existing.
ARTICLE FOURTEEN
A. Wherever "child", "children" or "issue"
appears in this
Will, it shall be deemed to include only lawful natural issue
and persons deriving their relationship to or through their
parent or ancestor by legal adoption prior to such adopted
person's attainment of the age of 18 years.
B. A disposition in this Will to the descendants of a person
per stirpes shall be deemed to require a division into a
sufficient number of equal shares to make one share for
each child of such person living at the time such disposition
becomes effective and one share for each then deceased
child of such person having one or more descendants then
living, regardless of whether any child of such person is
then living, with the same principle to be applied in any
required further division of a share at a more remote
generation.
ARTICLE FIFTEEN
A. All references herein to this Will shall be construed as
referring to this Will and any codicil or codicils hereto that
I may hereafter execute.
B. Wherever necessary or appropriate, the use herein of any
gender shall be deemed to include the other genders and the
use herein of either the singular or the plural shall be
deemed to include the other.
C. Except as otherwise specifically, provided in this will:
1. Each reference to my "fiduciaries" shall be deemed to
mean and refer to my executor and, where applicable, to a
custodian hereunder;
2. Each reference to my "executors" shall be deemed to
mean and refer to the fiduciary or fiduciaries, natural or
corporate, who shall be acting hereunder in such capacity
from time to time; and
3. Any and all power, authority and discretion conferred
upon my executor or my fiduciaries may be exercised by
the fiduciary or fiduciaries who shall qualify and be acting
hereunder from time to time in the capacity in which such
power, authority and discretion are exercised.
IN WITNESS WHEREOF, I have hereunto set my hand
and seal this (24th) day of February, 1994.
/s Richard M Nixon
ATTESTATION CLAUSE
WE the undersigned, do hereby certify that on the 24th of
February, 1994, RICHARD M. NIXON, the Testator above
named did, in the presence of the undersigned and of each
of us, subscribe, publish and declare the foregoing
instrument to be his last Will and Testament and then and
there requested us and each of us to sign our names thereto
as witnesses to the execution thereof, which we hereby do
in the presence of the said Testator and of each other on this
24th day of February, 1994.
(signed by three witnesses)
each being duly sworn, depose and say:
That they witnessed the execution of the Will of RICHARD
M. NIXON, dated February 24 1994, consisting of
eighteen pages. That the Will was executed at Woodcliff
Lake, New Jersey, under the supervision of Karen J. Walsh
an attorney at law with offices at 51 Pondfield Road,
Bronxville, New York. That this affidavit is made at the
request of the Testator.
That the Testator, in our presence, subscribed his name to
the Will at the end thereof, and at the time of making such
subscription, published and declared the same to be his Last
Will and Testament; thereupon we, at his request and in his
presence and in the presence of each other, signed our
names thereto as subscribing witnesses.
That the said Testator, at the time of such execution, was
more than 18 years of age and, in our opinion, of sound
mind, memory and understanding, not under any restraint
or in any respect incompetent to make a Will.
That the Testator indicated to us that he had read the Will,
knew the contents thereof, and that the provisions therein
contained expressed the manner in which his Estate is to be
administered and distributed.
That the Testator could read, write and converse in the
English language and was suffering from no defect of sight,
hearing or speech, or from any physical or mental
impairment which would affect his capacity to make a valid
Will.
That the Testator signed only of the said Will on said
occasion.
Sworn to before me this 25th day of February, 1994.
PAUL G. AMICUCCI
Notary Public, State of New York
No. 5001747
Qualified in Westchester County
------------------------------------------------------------------------
|
![[ESTATE PLANNING]](estate.gif)
![[MEDICAID]](medicaid.gif)
![[FAMILY LAW]](family.gif)
![[INVESTOR RECOVERY]](investor.gif)
![[Alzheimer's Info]](property.gif)
![[Legal Links]](links.gif)
![[Phone Us]](phone.gif)
![[A Virtual Law Clerk]](clerk.gif)
![[How to find us]](findus.gif)
