Glynn County GaArchives Wills.....COOPER, Lillie Beatrice (Rentz) October 30, 1973 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Amy Hedrick http://www.genrecords.net/emailregistry/vols/00013.html#0003209 August 2, 2007, 3:19 am Source: Will Book V Pgs. C1-c6; Glynn Co., Georgia Probate Court Written: October 30, 1973 I, LILLIE BEATRICE RENTZ COOPER, a resident of Glynn County, Georgia, being of sound and disposing mine and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all other Wills and Codicils heretofore made by me. ITEM ONE I desire that my body be buried in a Christianlike manner. I direct that all of my just debts, including expenses of last illness and funeral expenses, and the placing of a marker over my grave, be paid by my Executrix as soon as practicable after my death. This direction to pay all just debts shall not include long term mortgages and the said mortgages may be continued or paid off in full in the sole discretion of my Executrix, as she shall deem best. All estate taxes, if any, imposed upon my estate, shall be paid out of the residue of my estate by my Executrix. ITEM TWO I give and bequeath my sewing machine to my daughter, VERNON BEATRICE COOPER HERMANSON, provided she survive me. If she should fail to survive me or if I have no sewing machine in my possession at the time of my death, then this bequest shall lapse. ITEM THREE I give and bequeath my silverware to my daughter, SARA LOUISE COOPER BLOUNT, provided she survive me. If she should fail to survive me or if I have no silverware in my possession at the time of my death, then this bequest shall lapse. ITEM FOUR I give and bequeath my china cabinet to my daughter, FRANCES MARION COOPER DUNN, provided she survive me. If she should fail to survive me or if I have no china cabinet in my possession at the time of my death, then this bequest shall lapse. ITEM FIVE I give and bequeath my writing desk, my piano, my big clock and any car that I may own at the time of my death to my daughter, JACQUELINE WELLENE COOPER CORBITT, provided she survive me. If she should fail to survive me or if any of these items are not in my possession at the time of my death, then the bequest of any such item that is not in my possession at the time of my death shall lapse. ITEM SIX I give and bequeath my husband's open faced watch to my grandchild, DONNIE CORBITT, provided he survive me. If he should fail to survive me or if I do not have my husband's open faced watch in my possession at the time of my death, then this bequest shall lapse. ITEM SEVEN I give and bequeath my husband's closed faced watch to my grandchild, WILLIAM DEWITT DUNN, provided he survive me. If he should fail to survive me or if I do not have my husband's closed faced watch in my possession at the time of my death, then this bequest shall lapse. ITEM EIGHT I give and bequeath the sum of One ($1.00) Dollar to RUSTY WILLIAM COOPER, provided he survives me. ITEM NINE I give and bequeath the sum of One ($1.00) Dollar to ALLEN BARNARD COOPER, provided he survives me. ITEM TEN All of the rest, residue and remainder of my estate, I give, bequeath and devise to my then living children, with an equal share, per stirpes, for the then living lineal descendants of a deceased child of mine. It is my desire that my interest in the homeplace be sold by my Executrix as soon as it is convenient after my death, and the proceeds to be distributed according to the provisions in this Item of my Last Will and Testament. ITEM ELEVEN If any one of my children fails to survive me and if there are living lineal descendants of a deceased child of mine, who have not attained the age of twenty one years, then I hereby constitute and appoint the surviving parent of said child to act as Trustee for the share of my estate which the said descendant is to receive, to be held for the following uses and purposes: (a) The Trustee shall retain each descendant's share until the said descendant attains the age of twenty one (21) years, during which time the Trustee shall pay to and/or use for the benefit of said descendant of a deceased child of mine so much of the net income as deemed necessary for his or her support, maintenance and education. Any income not so used shall be accumulated and added to the corpus of the trust at the discretion of the Trustees at the end of each fiscal year of the trust, or more often if my Trustee deems it advisable. (b) The said Trustee shall have the power in his discretion, to encroach upon the corpus of the trust in such amounts and at such times as he may deem necessary, in order to provide for the support, maintenance, care and education of the said descendant of said deceased child of mine. The Trustee shall have the full authority to determine the amount and necessity for such encroachment. All income and undistributed principal shall be distributed outright to such descendant upon his or her attaining the age of twenty-one (21) years. (c) Should any such descendant die after a trust share has been so set apart for such descendant but before receiving final distribution of his or her share, the remaining share of such descendant shall be distributed to such person and in such manner, in trust or otherwise, as such descendant may by his or her Last Will and Testament direct or appoint, and should such descendant fail so to direct or appoint, then the share of such descendant shall be distributed per stirpes among his or her descendants then living, if any, and if none then, per stirpes, among my descendants then living. (d) As to any minor who becomes entitled to a distribution hereunder, the Trustee shall not be required to qualify as a Guardian, or to require any other person to qualify as Guardian with respect to any payment to be made to such minor, but may make payments thereof to, or for the account of, such minor, or to anyone having his or her custody without requiring any bond therefore. (e) Anything in this Will to the contrary notwithstanding, all property of every trust created by this Will shall vest in and be distributed to the persons then entitled to the income from such property at the expiration of twenty one years after the death of the last surviving beneficiary of this Will, who was in life at the date of my death, unless sooner vested as herein provided. The purpose of this provision is to prevent any possible violation of the rule against perpetuities, and this provision should be so construed. ITEM TWELVE I hereby constitute and appoint as Executrix of this Will my daughter, JACQUELINE WELLENE COOPER CORBITT. If my said daughter fails to survive me, or does not qualify, or becomes incapacitated or declines to serve as Executrix of this Will, then I hereby constitute and appoint as Successor Executrix my daughter, SARA LOUISE COOPER BLOUNT. I hereby constitute and appoint as Trustee the surviving parent or any said living lineal descendant of a deceased child of mine who has not attained the age of twenty-one (21) years. ITEM THIRTEEN The Executrix and Trustee under this Will and any successor or successors, which shall include any administrator with the Will annexed, shall hold and manage the estate with the duties and powers as follows, and shall have the authority to exercise any of the powers and privileges herein state without order of or report to any Court or officer whatsoever: (a) To sell, exchange or otherwise dispose of any property at public or private sale, for cash or on terms, without the necessity of Court approval or advertisement; and also to make leases for terms extending beyond the period of administration or the duration of any trust; (b) To enter into an option or to retain, sell, invest and reinvest in any stocks, bonds, securities or other property real or personal which is deemed proper, necessary or expedient, without any responsibility for the exercise of this discretion except that of using ordinary care and without being confined to what are known as legal investments for executors, trustees, or other fiduciaries; (c) To renew any indebtedness, as well as borrow money, and to secure the same by mortgaging, pledging and/or conveying any property; (d) To register any stock, bond or other security in the name of a nominee with or without disclosure of any fiduciary relationship; but accurate records shall be maintained showing that such security is an estate asset; (e) To compromise, adjust or settle any claim or demand by or against the estate and to rescind or modify any contract affecting the estate; (f) To employ agents, auditors, attorneys, real estate brokers, and to pay them reasonable compensation; (g) To select an annual accounting period, to charge any expense, tax, repair or replacement either to principal or income, or apportion the same between income and principal, to determine in his sound discretion whether to amortize any premium or accumulate any discount on investments purchased or sold, and to provide or fail to provide a reasonable reserve against depreciations or obsolescence for any asset subject to depreciation or obsolescence. The foregoing powers shall be exercised in such reasonable manner as shall be fair and equitable under all the circumstances. (h) To vote in person or by proxy all stocks or other securities at any time forming part of my estate as to any corporate question, including reorganization, to exercise options, conversion privileges or rights to subscribe for additional securities, as well as to make payment therefore; (i) To make any division or distribution required hereunder in cash or in other property, real or personal, or partly in cash or partly in property, real or personal, and the decision as to shares and the composition of shares shall be final and binding; (j) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any Court and without giving bond; but shall furnish at least annually a statement of receipts and disbursements to the income beneficiaries; (k) To continue my interest in any business or enterprise, to incorporate any such business and to hold as an investment or to become a partner, general or special, in any business which my Executrix and/or Trustee deem advisable for the benefit of my estate or to take any other action with respect to any such business, interest, partnership or corporation; and they shall not be personally liable to third persons for any claim, debt or demand, of whatsoever nature, incurred by or in the operation thereof, nor liable for any depreciation or loss incurred in the continued operation of said business; (l) To pay off in a lump sum or continue to make periodic payments on any mortgage on the homeplace in which I may be living at the time of my death. (m) In addition to the foregoing enumerated duties and powers, the Executrix and/or Trustee is hereby granted all of the fiduciary powers as provided by the laws of the State of Georgia, more specifically described in Georgia Laws 1973, pp. 846 through 856, inclusive. ITEM FOURTEEN In the event that any beneficiary of this Will and I should died as the result of a common disaster under circumstances wherein it is difficult to determine as a matter of fact which of us survived the other, it shall be conclusively presumed for the purpose of this Will, and the distribution of the property hereunder, that my said beneficiary predeceased me, and this Will shall be construed upon that assumption. ITEM FIFTEEN Any adopted child by any of my children shall be included in the provisions provided in this Will for living lineal descendants of a deceased child of mine. ITEM SIXTEEN If ancillary administration be required in any State in which my Executrix and Trustee shall be unable or unwilling to qualify, then and in that event, my domiciliary Executor and Trustee shall designate in writing the person or corporate fiduciary to act in such capacity, with all the powers and immunities of my domiciliary Executor and Trustee, as may be specifically delegated by such written designation. Unless prohibited by law of the state in which said property is located, I direct that upon sale of any assets by the ancillary fiduciary, the proceeds thereof shall be paid to my domiciliary Executor and Trustee. IN WITNESS WHEREOF, I have hereunto set my signature and seal on this page and have signed my name on the margin of each of the other five pages of this Will, on this the 30th day of October, 1973. Lillie Beatrice Rentz Cooper Signed, sealed, declared and published by LILLIE BEATRICE RENTZ COOPER as her Last Will and Testament, in the presence of us, the subscribing witnesses, who, at her instance and request, and in her presence and in the presence of each other, have hereunto set our hands and seals on this the day and year aforesaid. Clyde W. Barnes. Brunswick, Georgia S??? B? Bunkley?. Brunswick, Georgia Edward B. Liles, Brunswick, Georgia Additional Comments: More Glynn County Genealogy & History can be found at www.glynngen.com or the sister site at www.rootsweb.com/~gaglynn/ File at: http://files.usgwarchives.net/ga/glynn/wills/cooper599gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 13.7 Kb