THE LAST WILL AND TESTAMENT
OF
DORATHY A. McFARLAND
I, DORATHY A. McFARLAND, residing in Maricopa County, Arizona, being over the age of eighty years,
of sound mind and memory, and not acting under duress, menace, fraud, or undue influence of any
person, do hereby make and publish this to be my Last Will and Testament.
FIRST: I revoke all former Wills and Codicils made by me.
SECOND: I declare that I am unmarried, and that by a previous marriage
I have three (3) children, namely: PATRICIA A. McFARLAND, currently residing in
Pueblo, Colorado, BRIAN D. McFARLAND, currently residing in Tempe, Arizona, and
THOMAS L. McFARLAND,. currently residing in Madison, Wisconsin.
THIRD: I direct that my bodily remains be cremated and that I be given
a modest memorial service in accordance with the wishes of my children.
FOURTH: I intend by this Will to dispose of all my property.
FIFTH: I direct that all of my debts, my funeral expenses and expenses
of administration of my estate be paid as soon as practicable after my death.
SIXTH: I may leave a written statement or list prepared in accordance with
Arizona Revised Statutes, Section 14-2513, or any corresponding or similar statute in force at my death,
listing certain items of my tangible personal property and transferable club memberships, and
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designating the person(s) to receive such property. I direct my Personal Representative to distribute
such items of tangible personal property as specified by such statement to those designated persons
who are living on the thirtieth (30th) day after the day of my death. The Personal Representative
may assume that no written statement or list exists if none is found within sixty (60) days after my death.
SEVENTH: I hereby give and devise to my former husband,
LOUIS FINKELMAN, the sum of TEN THOUSAND DOLLARS ($10,000.00). In the event that he should
predecease me, then in such event, this devise shall lapse without remuneration to any person
whomsoever,. and such devise shall become a part of my residuary estate and distributed as hereafter
provided.
EIGHTH: I hereby give and devise to my son, BRIAN D. McFARLAND, that
certain real property located at 2619 S. Los Feliz, Tempe, Arizona, together with any and all rights and
appurtenances thereto. In the event that he should predecease me, then in such event, this devise
shall lapse without remuneration to any person whomsoever,. and such devise shall become a part of
my residuary estate and distributed as hereafter provided.
NINTH: I hereby give and devise all the rest, residue and remainder of my
property and estate in equal shares to my children as follows:
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One-third (1/3) thereof to my son, BRIAN D. McFARLAND. In the event
he should predecease me, then in such an event, such share which such
predeceased child would have taken had he been living at the time of my
death, I hereby give and devise to the issue of his marriage to
SUE A. McFARLAND, namely MICHELLE M. McFARLAND. |
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B. |
One-third (1/3) thereof to my son, THOMAS L. McFARLAND. In the event
he should predecease me, then in such event, one-third of such share which such
predeceased child would have taken had he been living at the time of my
death, I hereby give and devise to his issue; namely DIANA McFARLAND.
The remaining two-thirds of such share, I hereby give and devise in equal shares to
those of my children who survive me, or, the whole to the survivor. |
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C. |
One-third (1/3) thereof to my dauughter, PATRICIA A. McFARLAND. In the event
she should predecease me, then in such event, such share which such
predeceased child would have taken had she been living at the time of my
death, I hereby give and devise in equal shares to those of my children who survive me,
or, the whole to the survivor. |
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TENTH: I hereby nominate my son, BRIAN D. McFARLAND to serve as
Personal Representative of this my Last Will and Testament and direct that no bond be required
of him for faithful performance of his duties. I further give unto my Personal Representative full power
and authority to lease, sell, or dispose of any part [or] portion of my
estate according to his best judgement and discretion without first obtaining from any court an order
to do so. I hereby expressly waive any accounting by my said Personal Representative.
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ELEVENTH: No person shall be deemed to have survived me unless such person
is living upon the expiration of ninety (90) days following the date of my death..
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IN WITNESS WHEREOF, I , DORATHY A. McFARLAND, the Testatrix, sign my name to this
instrument this .26 day of .October , 1999, and being
first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument
as my last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes
herein
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expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint
or undue influence.
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signature
DORATHY A. McFARLAND
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We, Li K. Yen , Rebecca A. Gutierrez , and
Robert E. Yen , the witnesses, sign our names to this instrument, being
duly sworn, and do hereby declare to the undersigned authority that the Testatrix signs and executes
the instrument as her Last Will, and that she signs it willingly, and that each of us, in the
presence and hearing of the Testatrix, hereby signs this Will as witnesses to the Testatrix' signing,
and that to the best of our knowledge the Testatrix is eighteen years of age or older, of sound mind,
and under no constraint or undue influence.
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Li K. Pang Yu [signature] , residing at Phoenix , Arizona
Rebecca A Gutierrez [signature] , residing at Phoenix , Arizona
illegible [signature] , residing at Phoenix , Arizona
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STATE OF ARIZONA |
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County of Maricopa |
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SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by DORATHY A. McFARLAND,
the Testatrix, and subscribed and sworn to before me by Li K. Yen ,
Rebecca A. Gutierrez , and Robert E. Yen ,
witnesses, on this 26th day of October , 1999.
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Sandra L. Doelker [signature]
Notary Public
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My commission expires
[Notary stamp]
Official Seal
SANDRA L. DOELKER
Notary Public - State of Arizona
MARICOPA COUNTY
My commission expires Aug. 15, 2001
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