2352 Paul Martin Tonsing Will

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    1 WILL OF2

    I, PAUL M. TONSING, a resident of Sacramento County, California,4 declare that this is my Will.5 I.6 I revoke all Wills and Codicils that I have previously made.7 II.8 I am not married. I have three (3) children whose names are:9 RICHARD TONSING10 NANCY SAWYER11 ROBERT TONSING12 I have one (1) step-son whose name is:13 KENNETH KAVANAGH14 I have no other children, living or deceased. The term "my15 children" as used in this Will shall include the above-mentioned16 children.17 III.18 I give all my jewelry, clothing, household furniture and19 furnishings, personal automobiles, boats, crystal, silverware,20 chinaware, books, paintings, works of art, antiques, appliances, and21 other tangible articles of a personal nature, or my interest in any22 such property, not otherwise specifically disposed of by this Will or23 in any other manner, to my son, RICHARD TONSING, if he survives me for24 thirty (30) days, and if not, then it shall become part of the residue25 of my estate.26 //27 //28 //

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    IV.2 I make the following specific bequests:3 A. The real property located at 6908 Sheridan Road in Fort4 Worth, Tarrant County, Texas, shall be distributed to my step-son,5 KENNETH KAVANAGH, if he survives me. If I do not own this property at6 the time of my death, or it has been sold, then this bequest shall be7 satisfied with the promissory note, if any. If KENNETH KAVANAGH does8 not survive me, or there is no real property or promissory note, then9 this bequest shall lapse.10 B. The sum of Five Thousand dollars ($5,000) shall be11 distributed to each of ROBERT TONSING and NANCY SAWYER, who survive12 me for thirty (30) days. There shall be no interest paid on this13 bequest.14 V.15 The balance of my estate shall be distributed to LAURA ANN16 PLANTS, outright and free of trust, if she survives me for thirty (30)17 days, and if not, then to RICHARD TONSING, if he survives me.18 VI.19 If any beneficiary under this Will or any intestate heir in any20 manner, directly or indirectly, contests or attacks this Will or any21 of its provisions, any share or interest in my estate given to that22 contesting beneficiary or intestate share under this Will is revoked23 and shall be disposed of in the same manner provided herein as if that24 contesting beneficiary/heir had predeceased me without issue.25 For purposes of this Will, the terms "contests or attacks" shall26 include, but not be limited to, the following:

    A. An action or proceeding to determine the character of28 property.

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    B. A challenge to the validity of an instrument, contract,agreement, beneficiary designation, or other document executed by meprior to the execution date of this instrument, other than theinstrument containing the no contest clause.

    C. A petition for settlement or for compromise affecting theterms of the instrument.

    D. An intestate claim based on property acquired from apredeceased spouse.

    VII.I direct that all inheritance, estate, or other death taxes that

    may by reason of my death be attributable to my probate estate or anyportion of it or to any property or transfers of property outside ofmy probate estate (including gifts transferred to beneficiaries priorto my death, which are included in the computation of the federalestate tax due at the time of my death) shall be paid by my Executorand shall be charged against the residue of my estate disposed of bythis Will without adjustment among the beneficiaries, and shall notbe charged against or collected from any beneficiary of my probateestate, or from any transferee for beneficiary of any propertypassing outside of my probate estate.

    VIII.I nominate my son, RICHARD TONSING, and my granddaughter, LAURA

    ANN PLANTS, as co-Executors of this Will to serve without bond. Ifeither RICHARD TONSING or LAURA ANN PLANTS shall for any reason failto qualify or cease to act as a co-Executor, then the other shall actas sole Executor, to serve without bond. The term "my Executor" asused in this Will shall include any personal representative of myestate, and shall include more than one where applicable.

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    1 I authorize my Executor to invest and reinvest any surplus money2 in the Executor's hands in any kind of property, real, personal, or3 mixed, and every kind of investment, specifically including, but not4 limited to, interest-bearing accounts, corporate obligations of every5 kind, preferred or common stocks, shares of investment trusts,6 investment companies or mutual funds, money market funds, deeds of7 trust and mortgage participations.8 I authorize my Executor to sell with or without notice, at either9 public or private sale, and to lease any property belonging to my10 estate, subject only to such confirmation of court as may be required11 by law.12 IX.13 As used in this Will, the masculine, feminine, or neuter gender,14 and the singular or plural number, shall be deemed to include the15 others whenever the context so indicates.16 X.17 If any provision of this Will is unenforceable or invalid, it is18 myintention that the remaining provisions ofthis Will shall be19 carried into effect.20 SUBSCRIPTION21 I s u b s c r i b e my name to t h i s W i l l on the 2 - ^ day of22 >\~ote^ , 2 0 0 8 , at S tsA-O^K~l*\Jr^ | California.

    : :

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    PAUL M. TOSSING J

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    ATTESTATIONThe foregoing instrument, consisting of five (5) pages including

    this page, was at the date hereof, by PAUL M. TONSING, signed as andunderstood by us to be his Will in the presence of us, who at hisrequest, and in his presence, and the presence of each other,subscribe our names as witnesses. Each of us observed the signing ofthis Will by PAUL M. TONSING, and by each other subscribing witnessand knows that each signature is a true signature of the person whosename is signed.

    Each of us is now more than eighteen (18) years of age, acompetent witness and resides at the address set forth after his orher name. We are acquainted with PAUL M. TONSING. At this time, heis over the age of eighteen (18) years and to the best of ourknowledge, he is of sound mind and is not acting under fraud, duress,menace, misrepresentation or undue influence.

    We declare under penalty of perjury that the foregoing is true17 and correct1819202122232425262728

    Executed this ^ 3 day of & C\-G b-E^ 2008, atS" CcX-VC\ \AAJ&-M_ K- California

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