LAST WILL AND
TESTAMENT
OF
RICHARD M. NIXON
I, RICHARD M.
NIXON, residing in the Borough of Park Ridge, County of Bergen and
State of New Jersey, being of sound and disposing mind and memory,
do hereby make, publish and declare this to be my Last Will and
Testament, revoking all prior Wills and codicils.
ARTICLE ONE
I give and bequeath
to THE RICHARD NIXON LIBRARY AND BIRTHPLACE (hereinafter sometimes
referred to as the "Library") for its uses, an amount
equal to the "adjusted proceeds amount" (as hereinafter
defined) ; provided, however, that if there are any outstanding
and unpaid amounts on pledges I have made to the Library, including,
specifically, any amounts unpaid on the One Million Two Hundred
Thousand Dollar pledge made in 1993, then the adjusted proceeds
amount under this bequest shall be paid first directly to the Library
to the extent necessary to satisfy such charitable pledge or pledges,
and provided further, that if at the time of my death or distribution
the Library is not an organization described in Sections 170(c)
and 2055(a) of the Internal Revenue Code of 1986, as amended (the
"Code"), which would entitle the estate to a charitable
deduction for Federal Estate Tax purposes, I give and bequeath such
property to THE NIXON BIRTHPLACE FOUNDATION, provided further, if
THE NIXON BIRTHPLACE FOUNDATION is not then an organization described
in Sections 170(c) and 2055(a) of the Code, I give and bequeath
such property to such organization or organizations described in
said Sections of the Code in such shares as my executors shall designate
by written and acknowledged instrument filed within six months from
the date of my death with the clerk of the court in which this Will
shall have been admitted to probate.
In the event
such property is distributed to an organization other than the RICHARD
NIXON LIBRARY & BIRTHPLACE, I request such organization to bear
in mind my wish that such property ultimately repose in such Library,
if and when it qualifies as a charitable organization under Sections
170(c) and 2055(a) of the Code.
The term "adjusted
proceeds amount" shall be defined as the excess of
(i) the amount
due or paid to me and/or my estate under the judgment entered following
the decision of the United States Court of Appeals for the District
of Columbia Circuit in the case of Richard Nixon v United States
of America, decided on November 17, 1992, and/or any concurrent
or subsequent proceedings relating or pertaining thereto, and any
related or subsequent case, provided that any such amounts paid
during my life shall only be included as adjusted proceeds to the
extent such amounts as of the date of my death are held or invested
in a segregated and traceable account or accounts over
(ii) the sum
of (a) the amount of all attorneys' fees and other costs or expenses,
whether previously paid or unpaid, associated with or incurred in
connection with such proceedings or any case similar to or relating
thereto and all other attorneys' fees from 1974 on, which my estate
or I have paid or which are outstanding, excluding, however, any
attorneys' fees paid to the firm of which William E. Griffin has
been a member, and (b) One Million Four Hundred Fifty Thousand Dollars,
the amount equal to my contribution to the Library made in 1992.
The amounts under (a) and (b) of this subparagraph (ii) shall be
part of my residuary estate.
It is my intention,
by this bequest, to make a charitable gift of any "windfall"
received under the lawsuits referred to above, and to first make
my family whole by recovering all of the legal expenses I have incurred
or my estate is to incur because of these and other lawsuits.
ARTICLE TWO
A. Subject to
the restrictions contained in this paragraph and any other restrictions
contained in this Will, I give and bequeath all items of tangible
personal property that I shall own at my death which relate to events
of my official or personal life or the official or personal life
of my deceased wife, PATRICIA R. NIXON, which have had historical
or commemorative significance, except for my "personal diaries",
which are defined and disposed of in Paragraph B of this Article,
to THE RICHARD NIXON LIBRARY & BIRTHPLACE; provided, however,
that if at the time of my death or distribution such Library is
not an organization described in Sections 170(c) and 2055(a) of
the Code, which would entitle the estate to a charitable deduction
for Federal Estate Tax purposes, I give and bequeath such property
to THE NIXON BIRTHPLACE FOUNDATION, provided further that if THE
NIXON BIRTHPLACE FOUNDATION is not then an organization described
in Sections 170(c) and 2055(a) of the Code, I give and bequeath
such property to such organization or organizations described in
said Sections of the Code in such shares as my executors shall designate
by written and acknowledged instrument filed within six months from
the date of my death with the clerk of the court in which this Will
shall have been admitted to probate.
In the event
such property is distributed to an organization other than the RICHARD
NIXON LIBRARY & BIRTHPLACE, I request such organization to bear
in mind my wish that such property ultimately repose in such Library,
if and when it qualifies as a charitable organization tinder Sections
170(c) and 2055(a) of the Code. Such tangible personal property
shall include, without limitation, awards, plaques, works of art
of all kinds, medals, membership or achievement certificates, commemorative
stamps and coins, religious items, commemorative and personal photographs
and all correspondence, documents, notes, memoranda, letters and
all other writings that I own at my death, of whatever kind and
nature, personal or public, whether inscribed by me or not inscribed
by me and whether written by me or to me. I direct that the determination
as to which items of my tangible personal property are included
in this bequest, and which items are items of tangible personal
property disposed of under Paragraph C of this Article, shall be
based on the decision of my executors; however, it is my wish that
my executors consult with my surviving daughters in making this
determination. The determination of my executors shall be conclusive
and binding upon all parties interested in my estate.
Notwithstanding
the above provisions, my daughters, PATRICIA NIXON COX and JULIE
NIXON EISENHOWER, or the survivor, or if neither daughter is surviving,
my executors, shall have the right, within six months of my date
of death, to go through all of such tangible personal property,
to take any such property appraised at no value, or any other items
of such tangible personal property, provided that under no circumstances
shall the amount of such property taken by my daughters exceed in
value three (3%) percent of the total value of all such property
included in this Paragraph A.
B. I give and
bequeath me "personal diaries" (as hereinafter defined)
in equal shares to my daughters, JULIE NIXON EISENHOWER and PATRICIA
NIXON COX, or all to the survivor. If either or both of my daughters
shall, disclaim some or all or parts of my "personal diaries",
such disclaimed items shall be distributed to THE RICHARD NIXON
LIBRARY AND BIRTHPLACE (the "Library") for its uses; provided,
however, that if at the time of my death or distribution the Library
is not an organization described in Sections 170(c) and 2055(a)
of the Internal Revenue Code of 1986, as amended (the "Code"),
which would entitle the estate to a charitable deduction for Federal
Estate Tax purposes, I give and bequeath such property to THE NIXON
BIRTHPLACE FOUNDATION, provided further that if THE NIXON BIRTHPLACE
FOUNDATION is not then an organization described in Sections 170(c)
and 2055(a) of the Code, I give and bequeath such property to such
organization or organizations described in said Sections of the
Code in such shares as my executors shall designate by written and
acknowledged instrument filed within six months from the date of
my death with the clerk of the court in which this Will shall have
been admitted to probate.
In the event
such property is distributed to an organization other than the RICHARD
NIXON LIBRARY & BIRTHPLACE, I request such organization to bear
in mind my wish that such property ultimately repose in such Library,
if and when it qualifies as a charitable organization under Sections
170(c) and 2055(a) of the Code.
If neither of
my daughters survives me, I direct my executors to collect and destroy
my "personal diaries. Notwithstanding any other provisions
of this Will, if neither of my daughters survives me, the property
constituting my "personal diaries" shall be subject to
the following restrictions: At no time shall my executors be allowed
to make public, publish, sell, or make available to any individual
other than my executor (or except as required for Federal tax purposes)
the contents or any part or all of my "personal diaries"
and, provided further, that my executors shall, within one year
from the date of my death or, if reasonably necessary, upon the
later receipt of a closing estate tax letter from the Internal Revenue
Service, destroy all of my "personal diaries".
My "personal
diaries" shall be defined as any notes, tapes, transcribed
notes, folders, binders, or books that are owned by me or to which
I may be entitled under a judgment of law including, but not limited
to, folders, binders, or books labeled as Richard Nixon's Diaries,
Diary Notes, or labeled just by dates, that may contain my daily,
weekly or monthly activities, thoughts or plans. The determination
of my executors as to what property is included in this bequest
shall be conclusive and binding upon all parties interested in my
estate; however, it is my wish that my executors consult with my
surviving daughters and/or my office staff in making this determination.
C. If at the
time of my death any lawsuit or lawsuits are pending regarding the
ownership of any of my tangible personal property including, but
not limited to, all of the tangible personal property listed in
Paragraph A above, I Specifically direct my executors to continue
such lawsuits for as long as they, in their discretion, deem it
appropriate to do so, knowing my wishes in this matter.
D. I give and
bequeath the balance of the tangible personal property I shall own
at my death, not otherwise effectively disposed of in this Will,
to my issue, per stirpes. If both of my daughters, PATRICIA NIXON
COX and JULIE NIXON EISENHOWER, shall survive me, such tangible
personal property shall be divided between my daughters in such
manner as they shall agree, or in the absence of agreement, or if
any child is a minor, as my executors determine, which determination
shall be conclusive upon all persons interested in my estate.
E. I authorize
and empower my executors to pay, and to charge as administration
expenses of my estate, the expenses of storing, packing, insuring
and mailing or delivering any article of tangible personal property
hereinabove disposed of.
ARTICLE THREE
A. If my granddaughter,
MELANIE EISENHOWER, survives me, I give and bequeath to her the
sum of Seventy Thousand ($70,000.00) Dollars.
B. If my grandson,
ALEXANDER RICHARD EISENHOWER, survives me, I give and bequeath to
him the sum of Thirty Thousand ($30,000.00) Dollars.
C. If my grandson,
CHRISTOPHER COX, survives me, I give and bequeath to him the sum
of Ten Thousand ($10,000.00) Dollars.
The specific
bequests to my grandchildren named above are made to equalize the
gifts made to all of my grandchildren during my life. The disparity
in amounts, or lack of a bequest, is not intended and should not
be interpreted as a sign of favoritism for one grandchild over another.
ARTICLE FOUR
All of the rest,
residue and remainder of my estate, real and personal, wherever
situated, including any lapsed or ineffective legacies or devises
(but excluding any property over which I may have a power of appointment,
it being my intention not to exercise any such power), herein sometimes
referred to as my "residuary estate", I dispose of as
follows:
A. I give and
bequeath the sum of Fifty Thousand ($50,000.00) Dollars to each
grandchild of mine who survives me.
B. I give, devise
and bequeath the balance of my residuary estate to my issue, per
stirpes.
C. Notwithstanding
any other provisions of this will, if any bequest or share of my
estate under this Article FOUR would be payable to a grandchild
of mine for whose benefit a separate trust created under the Will
of my deceased wife, PATRICIA R. NIXON, is then in existence, I
direct that such bequest or share of my estate shall be distributed
to the trustee(s) of such trust, to be added to, administered and
disposed of as part of the principal of such trust in accordance
with the terms Of such trust; and, provided further, that if the
addition of any portion or all of this residuary bequest or share
of my estate to a trust for a grandchild under the Will of PATRICIA
R. NIXON shall cause such trust to have an inclusion ratio greater
than zero for purposes of the Generation Skipping Transfer Tax provisions
of Article 13 of the Code (the "GST tax"), then any portion,
up to the whole, of such bequest or share of my estate, that is
not exempt from the GST tax shall not be added to the trust, but
shall be given to such trustee(s) to be held in a separate trust
under the same terms and conditions, my intention being to create
two separate trusts, one of which has, for GST tax purposes, an
inclusion ratio of zero, and one of which has an inclusion ratio
greater than zero.
ARTICLE FIVE
If upon my death
no issue of mine shall then be living, I give, devise and bequeath
my residuary estate, or the then remaining principal and, except
as hereinabove otherwise provided, any undistributed or accrued
income of such trust, as the case may be, to THE RICHARD NIXON LIBRARY
& BIRTHPLACE, and if such organization is not then in existence,
to the persons who would have been my heirs under the laws of intestate
distribution of New Jersey then in effect had I died on the data.
of the event requiring a distribution.
ARTICLE SIX
I direct that
all estate, inheritance and other death taxes (including any interest
and penalties thereon) imposed by any jurisdiction whatsoever by
reason of my death upon or with respect to any property includable
in my estate for the purposes of any such taxes, or upon or with
respect to any person receiving any such property, whether such
property shall pass under or outside, or shall have passed outside,
the provisions of this Will, except for additional estate taxes
imposed by Section 4980(A)(d) of the Code and generation-skipping
transfer taxes imposed under Section 13 of the Code ("GST taxes")
which may be payable by reason of my death, shall be paid, without
apportionment, from the principal of my residuary estate. Any GST
tax payable by reason of my death shall be charged and the liability
for the payment of such GST taxes shall be determined according
to the law of the jurisdiction imposing such GST tax.
ARTICLE SEVEN
If any beneficiary
under this Will and I shall die simultaneously or in such circumstances
as to render it difficult or impossible to determine who predeceased
the other, it shall conclusively be presumed for the purposes of
this Will that I survived.
ARTICLE EIGHT
I hereby nominate,
constitute and appoint my friends, WILLIAM E. GRIFFIN, and JOHN
R. TAYLOR, to be the co-executors of this Will.
The appointment
of my attorney, WILLIAM E. GRIFFIN, as a co-executor is made with
my knowledge and approval of his receipt of commissions as provided
by law, and his law firms receipt of compensation for legal services
rendered to my estate.
The individuals
named in the foregoing paragraph are granted the continuing discretionary
power, exercisable while in office, and exercisable only unanimously
if more than one of them is then in office, to designate one or
more successors or co-fiduciaries or a succession of successors
or co-fiduciaries in such office to act one at a time or together
with co-fiduciaries, to fill any vacancy occurring in such office
after any successor designated herein shall have failed to qualify
or ceased to act, by written instrument, duly acknowledged, and
to revoke any such designation prior to the happening of the event
upon which it is to become effective, by a written instrument, duly
acknowledged, and a new designation may be made as above provided.
If there shall be more than one such designation of successor fiduciary
or co-fiduciary in effect and unrevoked, they shall be effective
in the reverse of the order in which they were made.
Any fiduciary
may resign at any time by delivering or mailing a notice in writing
of such resignation to his or her co- fiduciaries, or, if none,
to his or her designated successor, if such designee has indicated
his or her willingness to act, and thirty days thereafter such resignation
shall take effect. If any fiduciary becomes disabled, that determination
of disability shall also constitute that individual's immediate
resignation as a fiduciary without any further act. For the purposes
of this paragraph, a person shall be considered disabled if either
(i) a committee, guardian, conservator or similar fiduciary shall
have been appointed for such person or (ii) a court shall have determined,
or two physicians shall have certified, that the person is incompetent
or otherwise unable to act prudently and effectively in financial
affairs.
Each successor
fiduciary and co-fiduciary shall have all rights and discretions
which are granted to the executors named herein, except those which
may be specifically denied in this will.
At any time
that there are two or more fiduciaries then in office, all decisions
regarding my estate shall be made by both or the majority of my
fiduciaries in much office. However, my fiduciaries may from time
to time authorize one of their number, or each of them acting singly,
to execute instruments of any kind on their behalf (including, but
not by way of limitation, any check, order, demand, assignment,
transfer, contract, authorization, proxy, consent, notice or waiver).
Insofar as third parties dealing with my fiduciaries are concerned
instruments executed and acts performed by one fiduciary pursuant
to such authorization shall be fully binding as if executed or performed
by all of them. An authorization shall be valid until those acting
in reliance on it receive actual notice of its revocation.
No fiduciary
shall be required to give any bond or other security for the faithful
performance of such fiduciary's duties in any jurisdiction whatsoever;
or if any such bond shall be required, no such fiduciary shall be
required to furnish any surety thereon. No executor shall be required
to file a bond to secure the return of any payment or payments on
account of commissions of such executor.
My individual
executors may receive the commissions allowable under New Jersey
Law from time to time during the period of the administration of
my estate and any trusts hereunder.
Any corporate
executor serving hereunder shall receive compensation in accordance
with its Schedule of Fees in effect from time to time during the
period over which its services are performed.
ARTICLE NINE
I give to my
fiduciaries, with respect to any and all property, whether real
or personal, which I may own at the time of my death, or which shall
at any time constitute part of my estate, including funds held hereunder
for persons under the age of 21 years, and whether constituting
principal or income therefrom, in addition to the authority and
power conferred upon them by law, express authority and power to
be exercised by them as such fiduciaries, in their discretion, for
any purpose, without application to, authorization from, or confirmation
by any court:
a) To retain
and to purchase or otherwise acquire stocks, whether common or preferred,
bonds, obligations, shares or interests in investment companies
or investment trusts, securities issued by or any common trust fund
maintained by any corporate fiduciary, partnership interests, or
any other property, real or personal, of whatsoever nature, wheresoever
situated, without duty to diversify, whether or not productive of
income and whether or not the same may be authorized by law for
the investment of estate funds, it being my intention to give my
fiduciaries the same power of investment which I myself possess
with respect to my own funds.
b) To deposit
funds in the savings or commercial department of any corporate fiduciary
or of any other bank without limit as to duration or amount.
c) To sell,
without prior authorization or confirmation of the court, at public
or private sale, exchange, mortgage, lease without statutory or
other limitation as to duration, partition, grant options in excess
of six months on, alter, improve, demolish buildings, or otherwise
deal with any property, real or personal, upon any terms and whether
for cash or upon credit, and to execute and deliver deeds, leases,
mortgages or other instruments relating hereto.
d) To exercise
in person or by proxy all voting, conversion, subscription, or other
rights incident to the ownership of any property, including the
right to participate in any corporate reorganization, merger or
other transaction and to retain any property received thereunder
and the right to delegate discretionary power.
e) To borrow
from any person, including any corporate fiduciary, -and to lend
money to any person, including any person beneficially interested
hereunder, with or without security.
f) To compromise
or arbitrate claims, to prepay or accept prepayment of any debt,
to enforce or abstain from enforcing, extend, modify or release
any right or claim, or to hold any claim after maturity without
extension, with or without consideration.
g) To hold separate
shares or trusts in solido, and to hold property in bearer form
or in the name of a nominee or nominees.
h) To execute
and deliver deeds or other instruments, with or without covenants,
warranties and representations and with or without consideration,
including releases which shall discharge the recipient from responsibility
for property receipted for thereby.
i) To abstain
from rendering or filing any inventory or periodic account in any
court.
j) Without the
consent of any beneficiary, to make division or distribution in
cash or in kind or partly in each. Any such distribution in kind
shall be made at the fair market value on the date or dates of distribution
and may be made without regard to the tax basis of such property
and without any duty to distribute such assets pro rata among beneficiaries
or to equalize the tax basis recovered by such beneficiaries, any
provision of this will or rule of law to the contrary notwithstanding.
k) To employ
legal and investment counsel, custodians, accountants and agents
for the transaction of any business of my estate or any trust hereunder
or for services or advice, to pay reasonable compensation therefor
out of my estate or such trust, as may be applicable, and to rely
and act or decline to rely or act upon any information or opinion
furnished by them.
l) To retain
or acquire the stock of any corporation in which any individual
fiduciary hereunder or any officer or director of any corporate
fiduciary hereunder may have an interest, whether as officer, director,
employee or otherwise.
m) To make or
join in elections and joint returns under any tax law; to agree
in the apportionment of any joint tax liability; to exercise or
forbear to exercise any income, gift or estate tax options; to determine
the allocation of exemptions or exercise other elections available
to my executors for generation-skipping transfer tax purposes; and
to make or refrain from making adjustments between principal and
income or between shares of my estate by reason of any deduction
taken for income tax instead of estate tax purposes or any election
as to the date of valuation of my estate for estate tax purposes,
all in such manner as my executor may deem advisable, and any such
determination made by my executor shall be conclusive and binding
upon all persons affected thereby.
n) To pay out
of my general estate in respect of any real or tangible personal
property situated outside the state of the principal administration
of my estate at the time of my death any administration expense
payable under the laws of the state or country where such property
is situated.
o) To pay themselves,
individually, at such time or times and without prior approval of
any court or person interested in my estate or, any trust hereunder
or payment of interest or the securing of any bond or rendering
of any annual statement, account or computation thereof, such sum
or sums on account of commissions to which they may eventually be
entitled hereunder as they, in their discretion, may determine to
be just and reasonable, to charge the same wholly against principal
or wholly against income, or partially against principal and partially
against income, as they may, in their discretion, determine advisable,
and in the case of any trustee, to retain commissions which they
may determine shall be payable out of income from income derived
from any year preceding or succeeding the year with respect to which
such commissions shall have been earned.
p) Generally,
to exercise in good faith and with reasonable care all investment
and administrative powers and discretions of an absolute owner which
may lawfully be conferred upon a fiduciary.
ARTICLE TEN
A. Whenever
income or Principal is to be distributed or applied for the benefit
of a person under the age of 21 years (referred to as a "minor"
in this Article) or a person who in the sole judgment of my fiduciaries
is incapable of managing his or her own affairs, my fiduciaries
may make payment of such property in any or all of the following
ways:
1. By paying
such property to the parent, guardian or other person having the
care and control of such minor for such minor's benefit or to any
authorized person as custodian for such minor under any applicable
Gifts to Minors Act, with authority to authorize any such custodian
to hold such property until the minor attains the age of 21 years
where permitted under applicable law.
2. By paying
such property to the guardian, committee, conservator or other person
having the care and control of such incapable person.
3. By paying
directly to such minor or incapable person such sums as my fiduciaries
may deem advisable as an allowance.
4. By expending
such property in such other manner as my fiduciaries in their discretion
shall determine will benefit such minor or incapable person.
B. If principal
becomes vested in and payable to a minor, my fiduciaries may make
payment thereof in any of the ways set forth in the preceding paragraph
of this Article, or may, defer payment of any part or all thereof
meanwhile paying or applying to or for the use of such minor so
much or all of such principal and of the income therefrom, as my
fiduciaries in their discretion may deem advisable. Any income not
so expended by my fiduciaries shall be added to principal. My fiduciaries
shall pay any remaining principal to such minor upon such minor's
attaining the age of 21 years or to such minor's estate upon death
prior to such payment in full.
C. Any payment
or distribution authorized in this Article shall be a full discharge
to my fiduciaries with respect thereto.
ARTICLE ELEVEN
All interests
hereunder, whether in principal or income, while undistributed and
in the possession of my executors, and even though vested or distributable,
shall not be subject to attachment, execution or sequestration for
any debt, contract, obligation or liability of any beneficiary,
and, furthermore, shall not be subject to pledge, assignment conveyance
or anticipation by any beneficiary.
ARTICLE TWELVE
The account
(intermediate or final) of any executor may be settled by agreement
with the adult beneficiaries interested in the account and a parent
or guardian of those beneficiaries who are minors, who shall have
the full power on the basis of such settlement to release such fiduciary
from all liability for such fiduciary's acts or omissions as executor
for the period covered thereby. Such settlement and release shall
be binding upon all interested parties hereunder including those
who may be under legal disability or not yet in being and shall
have the force and effect of a final decree, judgment or order of
a court of competent jurisdiction rendered in an action or proceeding
for an accounting in which jurisdiction was duly obtained over all
necessary and proper parties. The foregoing provisions, however,
shall not preclude any fiduciary from having such fiduciary's accounts
judicially settled if such fiduciary shall so desire. In any probate,
accounting or other persons interested in my estate are required
by law to be served with process, if a party to the proceeding has
the same interest as or a similar interest to a person under a legal
disability (including, without limitation, an infant or an incompetent)
it shall not be necessary to serve process upon the person under
a disability or otherwise make such person a party to the proceeding,
it being my intention to avoid the appointment of a guardian ad
litem wherever possible.
ARTICLE THIRTEEN
The validity,
construction, effect and administration of the testamentary dispositions
and the other provisions contained in this will shall, in any and
all events, be administered in accordance with, and construed and
regulated by, the laws of the State of New Jersey from time to time
existing.
ARTICLE FOURTEEN
A. Wherever
"child", "children" or "issue" appears
in this Will, it shall be deemed to include only lawful natural
issue and persons deriving their relationship to or through their
parent or ancestor by legal adoption prior to such adopted person's
attainment of the age of 18 years.
B. A disposition
in this Will to the descendants of a person per stirpes shall be
deemed to require a division into a sufficient number of equal shares
to make one share for each child of such person living at the time
such disposition becomes effective and one share for each then deceased
child of such person having one or more descendants then living,
regardless of whether any child of such person is then living, with
the same principle to be applied in any required further division
of a share at a more remote generation.
ARTICLE FIFTEEN
A. All references
herein to this Will shall be construed as referring to this Will
and any codicil or codicils hereto that I may hereafter execute.
B. Wherever
necessary or appropriate, the use herein of any gender shall be
deemed to include the other genders and the use herein of either
the singular or the plural shall be deemed to include the other.
C. Except as
otherwise specifically, provided in this will:
1. Each reference
to my "fiduciaries" shall be deemed to mean and refer
to my executor and, where applicable, to a custodian hereunder;
2. Each reference
to my "executors" shall be deemed to mean and refer to
the fiduciary or fiduciaries, natural or corporate, who shall be
acting hereunder in such capacity from time to time; and
3. Any and all
power, authority and discretion conferred upon my executor or my
fiduciaries may be exercised by the fiduciary or fiduciaries who
shall qualify and be acting hereunder from time to time in the capacity
in which such power, authority and discretion are exercised.
IN WITNESS WHEREOF,
I have hereunto set my hand and seal this (24th) day of February,
1994.
/s/ Richard
M Nixon
ATTESTATION
CLAUSE
WE the undersigned,
do hereby certify that on the 24th of February, 1994, RICHARD M.
NIXON, the Testator above named did, in the presence of the undersigned
and of each of us, subscribe, publish and declare the foregoing
instrument to be his last Will and Testament and then and there
requested us and each of us to sign our names thereto as witnesses
to the execution thereof, which we hereby do in the presence of
the said Testator and of each other on this 24th day of February,
1994.
(signed by three
witnesses)
each being duly
sworn, depose and say:
That they witnessed
the execution of the Will of RICHARD M. NIXON, dated February 24
1994, consisting of eighteen pages. That the Will was executed at
Woodcliff Lake, New Jersey, under the supervision of Karen J. Walsh
an attorney at law with offices at 51 Pondfield Road, Bronxville,
New York. That this affidavit is made at the request of the Testator.
That the Testator,
in our presence, subscribed his name to the Will at the end thereof,
and at the time of making such subscription, published and declared
the same to be his Last Will and Testament; thereupon we, at his
request and in his presence and in the presence of each other, signed
our names thereto as subscribing witnesses.
That the said
Testator, at the time of such execution, was more than 18 years
of age and, in our opinion, of sound mind, memory and understanding,
not under any restraint or in any respect incompetent to make a
Will.
That the Testator
indicated to us that he had read the Will, knew the contents thereof,
and that the provisions therein contained expressed the manner in
which his Estate is to be administered and distributed.
That the Testator
could read, write and converse in the English language and was suffering
from no defect of sight, hearing or speech, or from any physical
or mental impairment which would affect his capacity to make a valid
Will.
That the Testator
signed only of the said Will on said occasion.
Sworn to before
me this 25th day of February, 1994.
PAUL G. AMICUCCI
Notary Public, State of New York
No. 5001747
Qualified in Westchester County |