Last Will and Testament
I, Theodore J. Peters, residing at 12 Skyville Boulevard, Tamiami Village, North Fort Myers, Florida, being of full age and of sound mind and memory, do make, publish and declare this to be my last will and testament, hereby revoking all wills by me heretofore made.
ITEM I: I direct that all my legally enforceable debts and funeral expenses be paid out of my estate as soon as practicable after the time of my decease.
ITEM II: All the rest, residue and remainder of my estate, both real and personal, of every kind and description, wheresoever situate, which I may own or have the right to dispose of at the time of my decease, I give, bequeath and devise to my wife, Flossie M. Peters, absolutely and in fee simple.
ITEM III: In the event that my wife, Flossie M. Peters, shall not survive me for at least thirty days or in the event that we die as a result of a common accident or catastrophe or under such circumstances as to make it difficult to determine who died first, I direct that the provision for my wife as for forth in ITEM II above, , shall not pass to her, but in lieu thereof, I give, devise and bequeath all the property as described in ITEM II as follows:
a. I give and bequeath the silver coins and rings which were the property of my wife, Flossie, to my step-daughter, Linda C. Theis, or to her next of kin if she fails to survive.ITEM IV: I make, nominate and appoint my wife, Flossie M. Peters, to be the executrix of this my last will and testament, hereby authorizing and empowering my said executrix to make any non-prorata distribution in kind, if agreed upon by the beneficiary, or beneficiaries, or my estate; to compound, compromise, settle and adjust all claims and demands in favor of or against my estate; and to sell, at private or public sale, with full authority to retain and pay for the services of any auctioneers or real estate brokers which my executrix deems to be necessary in disposing of said property, at such prices, and upon such terms of credit or otherwise, as she may deem best, the whole or any part of my real or personal property, and to execute, acknowledge and deliver deeds and other proper instruments of conveyance thereof to the purchaser or purchasers. I request that no bond be required of my said executrix and that appraisement of my household goods and furniture be made insofar as the same may be lawfully omitted.
b. If by chance I have in my possession a life insurance policy on the life of my step-son, Richard L. Shaken, it is my will that my fiduciaries see that Richard obtains it as it is really his.
c. The residue of my estate shall pass to my sons, Theodore D. Peters, John T. Peters, Norman G. Peters, and Martin A. Peters; my daughter, Barbara E. Jackson, and my two step-children, Linda C. Theis and Richard L. Shaken, all seven to share and share alike. The share of any deceased child, or step-child, shall pass to the issue thereof per stirpes.
In the event that my wife, Flossie M. Peters, is unable to unwilling to act as executrix, then I make, nominate and appoint my step-daughter, Linda C. Theis, and my son, Theodore D. Peters, to be co-executors of my estate with all the powers, including immunity from bond, hereinabove given my wife, Flossie M. Peters, as executrix above.
If both do not qualify, one may act with all powers, and with immunity from bond.
In witness whereof, I have hereunto set my hand at Massillon, Ohio, this 13th day of August, A.D., 1979.
(Signed) Theodore J. PetersSigned by said Theodore J. Peters, and by him acknowledged to be his last will and testament, before us, and in our presence, and by us subscribed as attesting witnesses in his presence and at his request and in the presence of each other this 13th day of August, A.D., 1979.
(Signed) Leora McDermitt
(Signed) Paul E. Brown
(Note: The witness signatures are not real clear nor were the names of the towns in Ohio that they listed as their residence. The will was handled by the law firm of Kegler, Brown, Hill & Ritter, Capitol Square, Suite 1800, 65 East State Street, Columbus, Ohio 43215-4294)
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