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The Last Will and Testament of Joseph P. DiMaggio
I, JOSEPH P. DIMAGGIO, of the City of Hollywood, County of Broward and
State of Florida, being of sound and disposing mind and memory do
hereby make, publish and declare this to be my Last Will and Testament,
hereby revoking any and all Wills and Codicils by me heretofore made.
ARTICLE I
STATEMENT ON FAMILY MEMBERS
I am not married, and I have one adult child and two (2) grandchildren, to wit:
my son, JOSEPH PAUL DIMAGGIO, JR., and my grandchildren, KATHERINE
MARIE DIMAGGIO and PAULA SUE DIMAGGIO, both of whom are adopted
children of my said son.
ARTICLE II
PAYMENT OF DEBTS, TAXES AND COSTS OF ADMINISTRATION
I direct that all estate, inheritance, succession and other death
taxes of any nature, together with any interest and penalties thereon,
which may be levied or assessed by reason of my death by the laws of
any state or of the United States with respect to property passing
under this Will or any other property shall be considered a cost of
administration of my estate, and that such taxes, together with all
debts which I am legally obligated to pay at the time of my death, my
last illness and funeral expenses and other costs of administration of
my estate, shall be paid out of my residuary estate. In the event my
residuary estate is insufficient to pay such debts, expenses, costs and
taxes, I direct that the amount thereof in excess of residuary estate
shall be paid from other assets in the order provided by law. I
authorize my Personal Representative to pay any and all of my debts
which it feels, in its sole judgment and discretion, to be just and
reasonable without the necessity of a formal claim being filed in the
court by the creditor; provided, however, that my Personal
Representative shall file its sworn statement with the court as to such
debts paid within the prescribed time provided by law.
I authorize my Personal Representative to spend such sums for
funeral expenses, the acquisition of a burial site, the erection of a
suitable headstone or monument over my grave and for the perpetual care
of my grave as he may think proper, without regard to any provisions of
law limiting such expenditures.
ARTICLE III
CASH BEQUESTS
I hereby give and bequeath the sum of One Hundred Thousand Dollars
($100,000) to my nephew, JOSEPH DIMAGGIO (son of my deceased brother,
MIKE DIMAGGIO).
ARTICLE IV
BEQUEST OF TANGIBLE PERSONAL PROPERTY
A. I hereby give and bequeath to my granddaughter, PAULA SUE
DIMAGGIO, outright, if living, any and all tangible personal property,
(excluding cash, stocks, bonds and real estate) which I may own at the
time of my death. This bequest includes, but is not limited to,
household furnishings, silverware, china or linens, automobiles and
jewelry together with all the prepaid insurance policies on the above
items. If PAULA SUE DIMAGGIO shall not survive me, then I give, devise
and bequeath to her surviving issue, in equal shares per stirpes, all
my tangible personal property (excluding cash, stocks, bonds and real
estate) which I may own at the time of my death. This bequest includes,
but is not limited to, household furnishings, silverware, china or
linens, automobiles and jewelry together with all prepared insurance
policies on the above items.
B. Alternate Bequest. If there is no living issue of
PAULA SUE DIMAGGIO, then I bequeath any and all of my tangible personal
property to my granddaughter, KATHERINE MARIE DIMAGGIO, outright, if
living, if not, then to her issue, in equal shares, per stirpes. My
granddaughter's issue shall divide such property among themselves
amicably if able to do so; otherwise, my Personal Representative shall
make the division in any manner deemed advisable, and the decisions of
my Personal Representative shall be final and binding on all concerned.
If any beneficiary should be under the age of eighteen (18)
years at the time distribution is required to be made to him or her
under this Article of my Last Will and Testament, my Personal
Representative is authorized to distribute such beneficiary's portion
of this property to any suitable person selected by them, to be free of
trust, for distribution to such beneficiary when he or she reaches his
or her majority, and a receipt of such person shall constitute a
complete acquittance to my Personal Representative.
C. Any property that is not distributed under this Article
because the named beneficiary does not survive me, shall pass under and
be distributed as part of residuary estate.
ARTICLE V
YANKEE CLIPPER ENTERPRISES, INC.
I hereby direct that my Personal Representative liquidate the
corporation, YANKEE CLIPPER ENTERPRISES, INC., of which I owe one
hundred percent (100%) of the outstanding stock as soon after ny death
as possible. My personal Representative shall have the power to appoint
directors and officers of YANKEE CLIPPER ENTERPRISES, INC. to
effectuate the necessary liquidation of the corporation. I direct that
all real estate owned by the corporation be sold as soon as possible
after my death. I direct that the assets of the Corporation on
liquidation be distributed to my residuary estate pursuant to the terms
and conditions thereof.
ARTICLE VI
GREAT GRANDCHILDREN'S TRUSTS
I give, devise and bequeath the following:
(A) The sum of Two Hundred Fifty Thousand Dollars ($250,000) to
my Trustees IN TRUST, for the following uses and purposes, said Trust
to be know as the KENDAHL R. STEIN TRUST:
(1) Use of Income. My Trustee shall distribute
all of the net income of the Trust on a monthly or more convenient
basis, but at least quarterly, to or for the benefit of my great
granddaughter, KENDAHL R. STEIN.
While any beneficiary is under the age of twenty-one (21), the Trustee
shall use so much of the income of her fund for her reasonable support,
comfort and education, as the Trustee determines to be required for
these purposes. After she attains the age of twenty-one (21), the
Trustee shall pay all of the current net income of her fund for her.
(2) Discretionary Distribution of Principal. In
addition, my Trustee may distribute to or for the benefit of my great
granddaughter, KENDAHL R. STEIN , from her Trust, so much of the
principal of the Trust as may be needed for her proper maintenance,
support, education, health and welfare. Said distribution shall be at
the sole and absolute discretion of my Trustee and any such
distribution made by my Trustee shall be final and binding upon all
persons whomsoever, and my Trustee shall be liable only for their acts
or gross negligence and willful misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution of Principal.
My Trustee shall distribute to my great granddaughter, KENDAHL R.
STEIN, from her separate Trust one-third (1/3) of the principal of her
fund at the age of thirty (30). When my granddaughter shall have
attained the age of thirty-five(35) years, the Trustee shall distribute
to her one-half (1/2) of the remaining principal of her fund. When my
granddaughter shall have attained the age of forty (40) years, the
Trustee shall distribute to her the balance of the funds.
(4) Death of Great Grandchild.
Should my great granddaughter, KENDAHL R. STEIN, die before her
separate Trust has been distributed absolutely to her, the then
remaining principal of such Trust shall be distributed to her issue, in
equal shares, per stirpes, and if none, then to her brother, MITCHELL
J. STEIN, if living, and if not, then to her brother's issue, in equal
shares, per stirpes. Any portion thereof so divided and set apart for
any issue who is the beneficiary of a separate trust hereunder which
has not yet been fully distributed shall be added to the principal of
such trust and managed and distributed as a part thereof under the
terms of this Article; and any portion thereof set apart for any issue
who is the beneficiary of a separate trust hereunder which has been
fully distributed shall be distributed absolutely to such issue.
(B) The sum of Two Hundred Fifty Thousand Dollars ($250,000) to my
Trustees, IN TRUST, for the following uses and purposes, said Trust to
be know as the MITCHELL J. STEIN TRUST:
(1) Use of Income. My Trustee shall distribute
all of the net income of the Trust on a monthly or more convenient
basis, but at least quarterly, to or for the benefit of my great
granddaughter, MITCHELL J. STEIN. While any beneficiary is under the
age of twenty-one (21), the Trustee shall use so much of the income of
his fund for his reasonable support, comfort and education, as the
Trustee determines to be required for these purposes. After he attains
the age of twenty-one (21), the Trustee shall pay all of the current
net income of his fund to him.
(2) Discretionary Distribution of Principal. In
addition, my Trustee may distribute to or for the benefit of my great
grandson, MITCHELL J. STEIN, from his Trust, so much of the principal
of the Trust as may be needed for his proper maintenance, support,
education, health and welfare. Said distribution shall be at the sole
and absolute discretion of my Trustee and any such distribution made by
my Trustee shall be final and binding upon all persons whomsoever, and
my Trustee shall be liable only for their acts or gross negligence and
willful misconduct. The decision of my Trustee shall not be questioned
by any beneficiary.
(3) Mandatory Distribution of Principal.
My Trustee shall distribute to my great grandson, MITCHELL J. STEIN,
from his separate Trust one-third (1/3) of the principal of his fund at
the age of thirty (30). When my grandson shall have attained the age of
thirty-five(35) years, the Trustee shall distribute to him one-half
(1/2) of the remaining principal of his fund. When my grandson shall
have attained the age of forty (40) years, the Trustee shall distribute
to him the balance of the funds.
(4) Death of Great Grandchild.
Should my great grandson, MITCHELL J. STEIN, die before his separate
Trust has been distributed absolutely to him, the then remaining
principal of such Trust shall be distributed to his issue, in equal
shares, per stirpes, and if none, then to his sister brother, KENDAHL
R. STEIN, if living, and if not, then to his sister's issue, in equal
shares, per stirpes. Any portion thereof so divided and set apart for
any issue who is the beneficiary of a separate trust hereunder which
has not yet been fully distributed shall be added to the principal of
such trust and managed and distributed as a part thereof under the
terms of this Article; and any portion thereof set apart for any issue
who is the beneficiary of a separate trust hereunder which has been
fully distributed shall be distributed absolutely to such issue.
(A) The sum of Five Hundred Thousand Dollars ($500,000) to my
Trustees, IN TRUST, for the following uses and purposes, said Trust to
be know as the VALERIE F. HAMRA TRUST:
(1) Use of Income. My Trustee shall distribute
all of the net income of the Trust on a monthly or more convenient
basis, but at least quarterly, to or for the benefit of my great
granddaughter, VALERIE F. HAMRA . While any beneficiary is under the
age of twenty-one (21), the Trustee shall use so much of the income of
her fund for her reasonable support, comfort and education, as the
Trustee determines to be required for these purposes. After she attains
the age of twenty-one (21), the Trustee shall pay all of the current
net income of her fund for her.
(2) Discretionary Distribution of Principal. In
addition, my Trustee may distribute to or for the benefit of my great
granddaughter, VALERIE F. HAMRA, from her Trust, so much of the
principal of the Trust as may be needed for her proper maintenance,
support, education, health and welfare. Said distribution shall be at
the sole and absolute discretion of my Trustee and any such
distribution made by my Trustee shall be final and binding upon all
persons whomsoever, and my Trustee shall be liable only for their acts
or gross negligence and willful misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution of Principal.
My Trustee shall distribute to my great granddaughter, VALERIE F.
HAMRA, from her separate Trust one-third (1/3) of the principal of her
fund at the age of thirty (30). When my granddaughter shall have
attained the age of thirty-five (35) years, the Trustee shall
distribute to her one-half (1/2) of the remaining principal of her
fund. When my granddaughter shall have attained the age of forty (40)
years, the Trustee shall distribute to her the balance of the funds.
(4) Death of Great Grandchild.
Should my great granddaughter, VALERIE F. HAMRA, die before her
separate Trust has been distributed absolutely to her, the then
remaining principal of such Trust shall be distributed to her issue, in
equal shares, per stirpes, and if none, then to her sister VANESSA S.
HAMRA, if living, and if not, then to her sister's issue, in equal
shares, per stirpes. Any portion thereof so divided and set apart for
any issue who is the beneficiary of a separate trust hereunder which
has not yet been fully distributed shall be added to the principal of
such trust and managed and distributed as a part thereof under the
terms of this Article; and any portion thereof set apart for any issue
who is the beneficiary of a separate trust hereunder which has been
fully distributed shall be distributed absolutely to such issue.
(A) The sum of Five Hundred Thousand Dollars ($500,000) to my
Trustees, IN TRUST, for the following uses and purposes, said Trust to
be know as the VANESSA S. HAMRA TRUST:
(1) Use of Income. My Trustee shall distribute
all of the net income of the Trust on a monthly or more convenient
basis, but at least quarterly, to or for the benefit of my great
granddaughter, VANESSA S. HAMRA . While any beneficiary is under the
age of twenty-one (21), the Trustee shall use so much of the income of
her fund for her reasonable support, comfort and education, as the
Trustee determines to be required for these purposes. After she attains
the age of twenty-one (21), the Trustee shall pay all of the current
net income of her fund for her.
(2) Discretionary Distribution of Principal. In
addition, my Trustee may distribute to or for the benefit of my great
granddaughter, VANESSA S. HAMRA , from her Trust, so much of the
principal of the Trust as may be needed for her proper maintenance,
support, education, health and welfare. Said distribution shall be at
the sole and absolute discretion of my Trustee and any such
distribution made by my Trustee shall be final and binding upon all
persons whomsoever, and my Trustee shall be liable only for their acts
or gross negligence and willful misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) Mandatory Distribution of Principal.
My Trustee shall distribute to my great granddaughter, VANESSA S. HAMRA
, from her separate Trust one-third (1/3) of the principal of her fund
at the age of thirty (30). When my granddaughter shall have attained
the age of thirty-five (35) years, the Trustee shall distribute to her
one-half (1/2) of the remaining principal of her fund. When my
granddaughter shall have attained the age of forty (40) years, the
Trustee shall distribute to her the balance of the funds.
(4) Death of Great Grandchild.
Should my great granddaughter, VANESSA S. HAMRA , die before her
separate Trust has been distributed absolutely to her, the then
remaining principal of such Trust shall be distributed to her issue, in
equal shares, per stirpes, and if none, then to her sister VALERIE F.
HAMRA, if living, and if not, then to her sister's issue, in equal
shares, per stirpes. Any portion thereof so divided and set apart for
any issue who is the beneficiary of a separate trust hereunder which
has not yet been fully distributed shall be added to the principal of
such trust and managed and distributed as a part thereof under the
terms of this Article; and any portion thereof set apart for any issue
who is the beneficiary of a separate trust hereunder which has been
fully distributed shall be distributed absolutely to such issue.
ARTICLE VII
RESIDUARY ESTATE
All of the rest, residue and remainder of my estate of every kind,
nature and sort whatsoever, real personal or mixed, legal or equitable
and wheresoever situated, which I may own, possess, hold or be seized
of or entitled to, or over which I have any power of appointment at the
time of my death, together with the income, rents, profits, interest
and increments thereof, which may arise or accrue therefrom, I give,
devise and bequeath as follows:
A. Forty-five percent (45%) to the JOSEPH PAUL DIMAGGIO, JR.,
TRUST to be held, IN TRUST, by my Trustees hereinafter named, for the
following uses and purposes:
(1) Use of Income. My Trustee shall distribute
the total amount sum of Twenty Thousand Dollars ($20,000) of the net
income of the Trust on a monthly or more convenient basis, but at least
quarterly, to my son, JOSEPH PAUL DIMAGGIO, JR. All net income in
excess of Twenty Thousand Dollars ($20,000.00) shall be accumulated and
added to the principal of the Trust. Notwithstanding the fair market
value of the assets of his Trust, this provision as to the net income
must be strictly adhered to.
(2) Discretionary Distribution of Principal. In addition,
my Trustee may distribute to or for the benefit of my son, from his
Trust, so much of the principal of the Trust as may be needed for his
proper maintenance, support, health and welfare. Said distribution
shall be at the sole and absolute discretion of my Trustee and any such
distribution made by my Trustee shall be liable only for their acts or
gross negligence and willful misconduct. The decision of my Trustee
shall not be questioned by any beneficiary.
(3) General Power of Appointment. Upon the death of my
son, JOSEPH P. DIMAGGIO, JR., all of the remaining principal and
accumulated income of the JOSEPH P. DIMAGGIO, JR. TRUST shall be
distributed as my son, JOSEPH P. DIMAGGIO, JR., may appoint by his Will
and by specific reference to this Power of Appointment. The Appointment
may be made only to discharge his personal legal obligations owing at
his death. Any property that remains in the Trust at the death of my
son that has not been appointed by his Will in accordance with the
above power vested in him shall be used to pay such portion of the
estate taxes payable upon his estate but not more than the difference
between the amount of those taxes that would be payable upon his
taxable estate exclusive of the value of this trust and the amount of
the taxes payable.
(4) Distribution Upon Death of Son if Power of Appointment is Not Exercised.
In the default of effective exercise of the above-referenced General
Power of Appointment, the remaining principal shall be distributed as
follows:
(a) Thirty percent (30%) to the KATHERINE MARIE DIMAGGIO TRUST created under this my Last Will and Testament.
(b) Seventy percent (70%) to the PAULA SUE DIMAGGIO TRUST created under this my Last Will and Testament.
B. Fifteen percent (15%) to the KATHERINE MARIE DIMAGGIO TRUST, to
be held, IN TRUST, by my Trustees hereinafter named, for the following
uses and purposes:
(1) Use of Income. My Trustee shall distribute
all of the net income to or for the benefit of my granddaughter,
KATHERINE MARIE DIMAGGIO, from her Trust on a monthly or more
convenient basis, but at least quarterly.
(2) Discretionary Distribution of Principal. In addition,
my Trustee may distribute to or for the benefit of my granddaughter,
KATHERINE MARIE DIMAGGIO, from her Trust, so much of the principal of
the Trust, so much of the principal of the Trust as may be needed for
per proper maintenance, support, education, health and welfare. Said
distribution shall be at the sole and absolute discretion of my Trustee
and any such distribution made by my Trustee shall be final and binding
upon all persons whomsoever, and my Trustee shall be liable only for
their acts or gross negligence and willful misconduct. The decision of
my Trustee shall not be questioned by any beneficiary.
(3) General Power of Appointment. Should my
granddaughter, KATHERINE MARIE DIMAGGIO, die before her separate Trust
has been distributed absolutely to her, the then remaining principal of
such Trust shall be distributed, upon the death of my granddaughter as
she may appoint by her Will and by specific reference to this Power of
Appointment. The appointment may be made only to discharge her personal
legal obligations owing at her death. Any property that remains in the
Trust at the death of my granddaughter that has not been appointed by
her Will in accordance with the above power vested in her shall be used
to pay such portion of the estate taxes payable upon her estate as may
be requested by the Personal Representative of her estate but not more
than the difference between the amount of those taxes that would be
payable upon her taxable estate exclusive of the value of this Trust
and the amount of the taxes payable.
(4) Distribution Upon Death of Granddaughter if Power of Appointment is Not Exercised.
In the default of effective exercise of the above-referenced General
Power of Appointment, the remaining principal shall be distributed to
her living issue, per stirpes, subject to the same terms and provisions
of the Trusts created for her children's benefits in Article VII of
this, my Last Will and Testament. In the event there are no such issue
then living, the then remaining principal of the separate trust of my
deceased granddaughter shall be distributed to the PAULA SUE DIMAGGIO
TRUST. Any portion thereof so divided and set apart for any issue who
is the beneficiary of a separate trust hereunder which has not yet been
fully distributed shall be added to the principal of such trust and
held in further trust and managed and distributed as a part thereof
under the terms of this Article; and any portion thereof set apart for
any issue who is the beneficiary of a separate trust hereunder which
has been fully distributed shall be distributed absolutely to such
issue.
C. Forty percent (40%) to the PAULA SUE DIMAGGIO TRUST, to be held,
IN TRUST by my Trustees hereinafter named, for the for the following
uses and purposes:
(1) Use of Income. My Trustee shall distribute
all of the net income to or for the benefit of my granddaughter, PAULA
SUE DIMAGGIO, from her Trust on a monthly or more convenient basis, but
at least quarterly.
(2) Discretionary Distribution of Principal. In addition,
my Trustee may distribute to or for the benefit of my granddaughter,
PAULA SUE DIMAGGIO, from her Trust, so much of the principal of the
Trust as may be needed for her proper maintenance, support, education,
health and welfare. Said distribution shall be at the sole and absolute
discretion of my Trustee and any such distribution made by my Trustee
shall be final and binding upon all persons whomsoever, and my Trustee
shall be liable only for their acts or gross negligence and willful
misconduct. The decision of my Trustee shall not be questioned by any beneficiary.
(3) General Power of Appointment. Should my
granddaughter, PAULA SUE DIMAGGIO, die before her separate Trust has
been distributed absolutely to her, the then remaining principal of
such Trust shall be distributed, upon the death of my granddaughter as
she may appoint by her Will and by specific reference to this Power of
Appointment. The appointment may be made only to discharge her personal
legal obligations owing at her death. Any property that remains in the
Trust at the death of my granddaughter that has not been appointed by
her Will in accordance with the above power vested in her shall be used
to pay such portion of the estate taxes payable upon her estate as may
be requested by the Personal Representative of her estate but not more
than the difference between the amount of those taxes that would be
payable upon her taxable estate exclusive of the value of this Trust
and the amount of the taxes payable.
(4) Distribution Upon Death of Granddaughter if Power of Appointment is Not Exercised.
In the default of effective exercise of the above-referenced General
Power of Appointment, the remaining principal shall be distributed to
her living issue, per stirpes, subject to the same terms and provisions
of the Trusts created for her children's benefit in Article VII of
this, my Last Will and Testament. In the event there are no such issue
then living, the then remaining principal of the separate trust of my
deceased granddaughter shall be distributed to the KATHERINE MARIE
DIMAGGIO TRUST. Any portion thereof so divided and set apart for any
issue who is the beneficiary of a separate trust hereunder which has
not yet been fully distributed shall be added to the principal of such
trust and held in further trust and managed and distributed as a part
thereof under the terms of this Article; and any portion thereof set
apart for any issue who is the beneficiary of a separate trust
hereunder which has been fully distributed shall be distributed
absolutely to such issue.
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