PA 106 Unit 6 Assignment: Last Will and Testament

LAST WILL AND TESTAMENT

OF

GEORGE CURTIS LANDERS

I ,George Curtis Landers, of 455 Banner Road, Ely Minnesota being of sound mind and disposing memory do make, declare and publish this instrument as my last will and testament hereby expressly revoking any and all wills and codicils made by me at any time heretofore.

ARTICLE I

I hereby direct that my executor pay all my just and legally enforceable debts, including my expenses for my last illness, funeral, burial and the administration cost and fees for my estate out of the first moneys that come into his hands.

ARTICLE II

I hereby give and bequeath and devise all of my property of whatever kind or nature, whether real or personal or mixed to my wife Thelma Ann Landers, if she shall be living at my death, with the exceptions of the special bequests listed in ARTICLE III of this my last will and testament. If my wife does not survive me then I give devise and bequeath all of my real, personal or mixed property to my two sons, John D. Landers and Dr. Millard L. Landers with the exceptions listed in ARTICLE III.

Page 1 of My Will _____.

ARTICLE III

I give, devise and bequeath to my son Dr. Millard L. Landers all of my golfing equipment that I own or possess at my death since he has always loved the game and I have spent many wonderful hours playing with him. Further I give, devise and bequeath to my son John D. Landers all of my fishing equipment that I own or possess at my death along with my gold pocket watch that has been in our family for three generations.

I give the sum of five thousand dollars ($5000.00) to my only sister Sarah M. Burnett to be used to retire the debt on her home.

I give five thousand dollars ($5000.00) to the Front Street Baptist Church and I direct that this money be used to purchase new song hymns.

I give one thousand dollars ($1000.00) to the Anglers Association of Ely Minnesota to use for the general benefit of the entire membership.

I give, devise and bequeath to my son John D. Landers my fishing lodge and lot located on Basswood Lake near the Canadian Boarder since he has two sons who truly love to fish there.

ARTICLE VI

The rest remaining and residue, I hereby give, devise and bequeath to my wife Thelma Ann Landers, whether it be real property, personal property or mixed property, tangible or intangible, of whatever kind or nature and wheresoever located including all property which I may acquire after the execution of this my last will and testament.

Page 2 of My Will _____.

ARTICLE V

In the event that my wife Thelma Ann Landers predeceases me or should we both die in a common accident or disaster, then I give all of my property that otherwise would have passed to her under the provisions of this will to my two sons who may survive me, in equal shares, share and share alike.

ARTICLE VI

I hereby nominate and appoint my son Dr. Millard L. Landers as the executor of this my will and I hereby authorize him to do all things necessary to carry out the intent of this will. Further I direct that no bond be set for him in the faithful performance of his duties as executor of my estates, bond being hereby specifically waived.

ARTICLE VII

If my son Millard L. Landers is unable or unwilling to serve as my executor, then I hereby nominate and appoint my son John D. Landers to serve as executor and hereby direct that no bond be set for his faithful performance of his duties, bond being hereby specifically waived.

IN WITNESS WHEREOF, I George Curtis Landers have signed this my last will and testament consisting of four pages including this page on the 12th day of May 2019 at Ely Minnesota. I have signed the said last will and testament in the presence of each and all of the attesting and subscribing witnesses each of whom I have requested in the presence of the other to sign and subscribe his or her name as a subscribing witness. George Curtis Landers.

George Curtis Landers, Testator

Page 3 of My Will _____.

The foregoing Last Will and Testament of George Curtis Landers, consisting of four (4) pages, including this page was singed, declared and published by George Curtis Landers to be his Last Will and Testament in our presence and we at his request and in his presence and in the presence of each other have signed and subscribed our names as attesting witnesses on this ___ day of May, (current year), at Ely, Minnesota.

_________________________ residing at _________________________

Witness

_________________________ residing at _________________________

Witness

_________________________ residing at _________________________

Witness

Page 4 of My Will _____.

Part 2:

Basic requirements for making a valid will in Louisiana law .LA Civil Code Art. 1570 provides that there are only two forms of wills under Louisiana law: the notarial testament and the oleographic testament. Under Louisiana law, an oleographic will is one written, signed and dated entirely in the handwriting of the testator, or person making the will, according to Louisiana Civil Code 1575. A handwritten or oleographic will is generally considered valid in Louisiana as long as the entire will is in the testator’s own handwriting, even if the will is not notarized, according to Louisiana Civil Code 1574 and 1575.

LA Civ Code 1577

Art. 1577. Requirements of form

The Last Will and Testament must be on the required form. According to LA Civ Code Art. 1577, the notarial testament shall be prepared in writing and dated and shall be executed in the following manner. If the testator knows how to sign his name and to read and is physically able to do both, then: (1) In the presence of a notary and two competent witnesses, the testator shall declare or signify to them that the instrument is his testament and shall sign his name at the end of the testament and on each other separate page. (2) In the presence of the testator and each other, the notary and the witnesses shall sign the following declaration, or one substantially similar: “In our presence the testator has declared or signified that this instrument is his testament and has signed it at the end and on each other separate page, and in the presence of the testator and each other we have hereunto subscribed our names this ____ day of _________, ____.” Failure to include the aforementioned clause will invalidate the will entirely.

Reference

Lyle, L. & Doty, H. (2010). Initiating a lawsuit. In Legal transcription – 3rd Ed. (pp. 11-14). St. Paul, MN: Paradigm Publishing.