HomeMy WebLinkAbout957177Page
OF
MARTA L. GUNTER
as referring to my husband, ADOLPH J. GUNTER.
1 of 6
JUN 2 5 2010
>atti NNETH D ROSER"r
lEN CDfJN�711. ISTRICT
re OF WYOMING)
00.0779
I, MARTA L. GUNTER, of Kemmerer, Wyoming, being of sound and
disposing mind and memory, do make, publish and declare this to be
my Will, hereby revoking any and all prior Wills and Codicils made
by me.
Any reference in this Will to "my Husband" shall be construed
The names of my
children are ROBERT R. GUNTER, PAULINE K. SAWYER, PENNY J. LINT,
MARTIN F. GUNTER, RICHARD GUNTER, and SANDRA DEE SELLERS (hereafter
referred to as "my Children
I. DEBTS AND EXPENSES. I direct that all my legal debts,
medical and funeral expenses be paid as soon as practical after my
death.
II. TANGIBLE PERSONAL PROPERTY. I give all the rest of my
tangible personal property, not otherwise disposed of, including
but not limited to household furniture, furnishings and equipment,
personal effects, jewelry, and automobiles, together with insurance
policies covering said property, except cash and cash equivalents
(including stock, bonds, or other securities) and such items as may
be used in the operation of a business or as part of rental
property to my Husband, if he survives me.
RECEIVED 12/16/2010 at 12:36 PM
RECEIVING 957177
BOOK:758 PAGE:779
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Page 2 of 6
*0'fl o
If my Husband does not survive me, and if there is a written
statement or list in existence at the time of my death which is
dated and signed by me and which purports to dispose of items of my
tangible personal property, then such statement or list shall
govern the disposition of the tangible personal property covered
thereby. Any other items of tangible personal property owned by me
at the time of my death and which are not disposed of pursuant to
such statement or list, I give to those of my Children who shall
survive me, in as nearly equal shares as may be practicable, having
due regard for the personal preferences of my Children. In the
event my children are unable to agree, within two (2) months after
my Personal Representative has received letters of administration,
upon the division of the property, I authorize my Personal
Representative to distribute the property to my Children in as
nearly equal shares as is practicable, and to equalize said
distributions in cash from my residuary estate, and if any of my
Children refuses to take the share allotted to him or her, to sell
the share and distribute the proceeds to such Child and equalize
with cash.
III. THE RESIDUE. The rest of my probate estate, including
any property over which I may have a power of appointment, (after
payment of all my debts, taxes, funeral expenses, and all other
expenses of administration), including all lapsed and void gifts,
and including all property as to which I might otherwise die
intestate, hereafter referred to as my "residuary estate I give
to my Husband.
A. In the event that my Husband predeceases me, then I
give all of my right, title and interest in and to Lots 1 and 2,
Block 6, Willow Addition, Town of Kemmerer, Wyoming, together with
C.00781
any improvements located thereon, to those of the following
children who shall survive me: Robert R. Gunter, Penny J. Lint,
Martin F. Gunter, Richard Gunter, and Sandra Dee Sellers, as joint
tenants with rights of survivorship and not as tenants in common.
B. In the event that my Husband predeceases me, then I
give the remainder of my residuary estate to those of my Children
who shall survive me, in equal shares, share and share alike.
IV. SIMULTANEOUS DEATH. In the event that my Husband and I
shall die under such circumstances that the order of our deaths
cannot be established by proof, then I direct that for purposes of
making distributions under this Will, it shall be deemed that I
survived my Husband.
V. PAYMENT OF TAXES. I direct my Personal Representative to
pay from my residuary estate all estate, inheritance and succession
taxes that are payable because of my death, even though property
that is included in the determination of a tax does not pass under
this Will. Insofar as possible, that payment shall be made as an
expense of administration without apportionment to anyone.
VI. FIDUCIARIES.
A. I hereby nominate and appoint my Husband to be
Personal Representative of this my Last Will and Testament.
B. If my Husband shall fail to qualify as Personal
Representative, or having qualified shall die or resign before the
complete administration of my estate, or shall predecease me, then
and in that event, I nominate and appoint ROBERT R. GUNTER to be
Personal Representative of this my Last Will and Testament. If
ROBERT R. GUNTER shall fail to qualify as Personal Representative,
or having qualified shall die or resign before the complete
administration of my estate, or shall predecease me, then and in
Page 3 of 6
000762
that event. I nominate and appoint PAULINE K. SAWYER and PENNY J.
LINT to be Co- Personal Representatives of this my Last Will and
Testament.
C. I direct that my fiduciaries shall serve without bond
or surety in any jurisdiction.
D. My fiduciaries shall not be liable for damage or loss
caused by honest errors of judgment made by them or their agents or
employees, or by any good faith exercise of the discretion given to
them.
VII. POWERS OF PERSONAL REPRESENTATIVES. The Personal
Representatives named in this Will shall have the following powers
and responsibilities, in addition to those given by statute, with
respect to all property, either real or personal, which I may own
at the time of my death or which shall at any time constitute a
part of my estate, to wit:
A. To retain, whether originally a part of my estate or
subsequently acquired, and to purchase or otherwise acquire,
and to hold for such length of time as they may deem
advisable, securities or any other kind of property, real or
personal.
B. To engage professional investment advice at estate or
trust expense to help the fiduciary discharge his or her
investment responsibilities.
C. To sell, exchange, partition, lease, mortgage,
pledge, transfer or otherwise dispose of or grant options with
respect to any property which may form a part of my estate,
for such prices and upon such terms, as my Personal
Representatives may deem advisable, and the purchaser shall
not be required to see to the application of the proceeds.
D. To pay, release, settle or abandon any claim in favor
of or against my estate or any trust under such terms and
conditions as my Personal Representatives shall deem
advisable.
E. Any law to the contrary notwithstanding, my Personal
Representatives shall not be required to render and file
annual accountings with respect to property held under this
Will.
Page 4 of 6
C'O &'7j3
F. To distribute my estate in kind or in cash, or partly
in kind and partly in cash, and distribution in kind may be of
entire properties or undivided shares.
VIII. APPLICABLE LAW. The meaning and legal effect of any
disposition in this Will is to be determined by the law of the
State of Wyoming.
I, Marta L. Gunter, sign my name to this instrument this
day of 2004, and being first duly sworn,
do hereby declare to the undersigned authority that I sign and
execute this instrument as my Will and that I sign it willingly,
that I execute it as my free and voluntary act for
the purposes therein expressed, and that I am an adult person, of
sound mind, and under no constraint or undue influence.
We, TC N Q C11.L ,St> r\ and.
the witnesses, sign our names to this instrument, being first duly
sworn, and do hereby declare to the undersigned authority that
Marta L. Gunter signs and executes this instrument as her Will and
that she signs it willingly, and that she executes it as her free
and voluntary act for the purposes therein expressed, and that each
of us in this presence and hearing of Marta L. Gunter, hereby signs
this will as witnesses to Marta L. Gunter's signature and that to
the best of our knowledge, Marta L. Gunter is an adult person, of
sound mind, and under no constraint or undue influence.
OF
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Marta L. Gunter
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Witness
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THE STATE OF WYOMING
COUNTY OF LINCOLN
Subscribed,
Gunter, and subscribed
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witnesses, this
My Commission Expires:
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sworn to and acknowledged before me by Marta L.
and sworn to before me by
and �Cjc �j 3Ys c°. L t.. t_ Y the
&5 c
day of ::p
2004.
WITNESS my hand and official seal.
Page 6 of 6
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