Last Will And Testament Page 8

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to additional tax liabilities. No person adversely affected by my executor’s exercise of discretion under this
clause is entitled to any reimbursement or adjustment, and my executor is not required to make any
adjustment between income and principal or in the amount of any property passing under this Will as a result
of any election under this provision.
I authorize my executor, without obtaining court approval, to employ professional investment
counsel on such terms as my executor considers proper, and to pay the fees of investment counsel as an
expense of administration of my estate. However, my executor is under no obligation to employ any
investment counsel.
I 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 consider advisable and in the best interest of my estate, or
to sell or liquidate the business at such time and on such terms as my executor may consider advisable and in
the best interest of my estate. Any such good faith operation, sale, or liquidation by my executor, will be at
the risk of my estate and without liability on the part of my executor for any losses that may result.
SIMULTANEOUS DEATH
If it cannot be established if a beneficiary of my estate survived me, the provisions of the applicable
Uniform Simultaneous Death Act, as amended, or any substantially similar successor act effective on the
date of my death, will apply.
NONLIABILITY OF FIDUCIARIES
Any fiduciary, including my executor and any trustee, who in good faith endeavors to carry out the
provisions of this Will, will not be liable to me, my estate, my heirs, or my beneficiaries for any damages or
claims arising because of their actions or inaction, or the actions of any predecessor fiduciary acting pursuant
to this Will. My estate will indemnify and hold them harmless.
SAVINGS CLAUSE
If a court of competent jurisdiction at any time invalidates or finds unenforceable any provision of
this Will, such invalidation will not invalidate the whole of this Will. All of the remaining provisions will be
undisturbed as to their legal force and effect. If a court finds that an invalidated or unenforceable provision
would become valid if it were limited, then such provision will be deemed to be written, deemed, construed,
and enforced as so limited.
IN WITNESS WHEREOF, I, the undersigned testator, declare that I sign and execute this instrument
on the date written below as my last will and testament and further declare that I sign it willingly, that I
execute it as my free and voluntary act for the purposes expressed in this document, and that I am eighteen
years of age or older, of sound mind and memory, and under no constraint or undue influence.
(Signature of Mary G. Smith)
Date: ________________________
Page 8 of my Last Will and Testament
___________________
(Signature)

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