THIS IS THE LAST WILL AND TESTAMENT of me, JANE EYRE, retired typist, of the City of Toronto, in the Province of Ontario.
1. I revoke all former Wills and other testamentary dispositions made by me.
2. I hereby appoint my niece,ANNIE OAKLEY of Bytown, Ontario, to be the Executor and Trustee of this my Last Will and Testament PROVIDED THAT should my niece,ANNIE OAKLEY be unable to act as my Executor, or refuse to act, or predecease me or die within thirty (30) days of my death I THEN APPOINT, my niece, LOIS LANE of Yorkville, Ontario to be the Executor and Trustee of this my Last Will and Testament.
3. I direct my Executor to pay out of the capital of my general Estate all of my just debts, funeral and testamentary expenses and all estate, legacy, succession, and inheritance taxes or duties payable on death or with respect to my Estate.
4. I GIVE, DEVISE AND BEQUEATH all my property wheresoever situate and of every nature and kind, including any property over which I may have a general power of appointment, unto my Trustee upon the following trusts, namely:
(a) To pay my just debts, funeral and testamentary expenses and all estate, legacy, succession, and inheritance taxes or duties payable on my death or with respect to my estate as set out in paragraph three (3) above.
(b) To deliver to my sister, FAY BOW of Yorkville, Ontario, if she survives me, the sum of Three Thousand Dollars ($3,000.00);
(c) To deliver to my sister, NELLIE FOX of Yorkville, Ontario, if she survives me, the sum of Four Thousand Dollars ($4,000.00);
(d) To divide all the remainder and residue of my estate into equal shares to be distributed equally among the following of my nephews and nieces, namely:
i) my niece, ANNIE OAKLEY of Bytown, Ontario;
ii) my niece, LOIS LANE of Yorkville, Ontario;
iii) my nephew REX KING of Boswarlos, Ontario;
iv) my nephew RODNEY KING of Boswarlos, Ontario;
v) my nephew LUTHER KING oF Yorkville, Ontario;
vi) my niece BETTY CROCKER of Aguathuna, Ontario;
vii) my niece MAE WEST of Kippens, Manitoba;
viii)my nephew SAMUEL CLEMENS of Twainville, Ontario;
ix) my nephew PETER PRINCIPAL of Ottawa, Ontario;
(e) If any of the above beneficiaries named in paragraph 4(d) is not alive on my death, but has left issue alive on my death, that beneficiary shall be considered as alive for the purpose of creation of shares and any share created for that beneficiary shall be divided equally per stirpes among that beneficiary's issue alive on my death and paid or transferred to such issue accordingly.
(f) If any person entitled to a share of my estate is below the age of nineteen (19) years on my death, to hold that person's share and invest it adding the income to the capital, but to pay such amounts out of either or both of the income and capital as my Trustee deems necessary for that person's maintenance, education, advancement in life and general personal benefit and my Trustee shall pay or transfer the remaining balance of the share to that person when that person attains the full age of nineteen (19) years.
5. I DECLARE that no gift, or the income therefrom, under this my Will shall be assigned or anticipated, or fall into any community of property, partnership or other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefrom shall remain the separate property of a beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse. Without limiting the generality of the foregoing, I direct that all of the gifts and other benefits granted by me under this my Will and all the income derived therefrom shall be excluded from net family property of a beneficiary and the value thereof shall not be subject to division between a beneficiary and his or her spouse pursuant to the Ontario Family Law Act, R.S.O. 1990, c.F.3, or any successor legislation thereto. All references to income contained in this paragraph of this my Will are intended by me and shall be deemed to include capital gains as well as any other accretions to capital arising from a gift or benefit hereunder.
IN WITNESS WHEREOF I have to this my Last Will, written upon this and two (2) preceding pages, subscribed my name this 16TH day of April, 1999.
SIGNED by the Testator, JANE EYRE
as her Last Will and
Testament at the City of
Toronto, Ontario, in the
presence of us, both present
at the same time, who, at her
request, in her presence
and in the presence of each
other, have hereunto subscribed
our names as witnesses.
***VOID AS A LEGAL DOCUMENT***
___________________________
JANE EYRE
_______________________________
WITNESS: BARRY C. STAGG
1033 Pape Avenue, Toronto
_______________________________
WITNESS: BELLA DONALD
1033 Pape Avenue, Toronto
_________________________________________ _________________________________________
LAST WILL AND TESTAMENT
OF
JANE EYRE
***VOID AS A LEGAL DOCUMENT***
_________________________________________ _________________________________________
BARRY C. STAGG
Barrister and Solicitor
1033 Pape Avenue
Suite #8
Toronto, Ontario
M4K 3W1 (416) 425-7101