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APPENDIX A

Pourover Will
nate dispos
(will pours over into revocable trust, with alternate
disposition)

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MEN
LAST WILL AND TESTAMENT
ESTAMENT
of

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JOHN
HN M. SMART
SMA

_______________
____________________

I, JOHN
SMART,
OHN M. SMAR
o Anywhere, County of
SMART, of the Town of
Westchester and State of New Y
York, being of sound mind and memory,
do make, publish and declare
this to be my Last Will and Testament,
de
hereby revoking all prior Wills
Will and Codicils:
FIRST:
I direct
FIRS
dire that all my legal debts and funeral expenses
(including unpaid charitable pledges) be paid by my Executor,
hereinafter named, as soon as may be practicable.
herein
SECOND: To my wife, MARY K. SMART, if she survives me, I
give and bequeath all of my tangible personal property, which
mean
h shall me
all property that is not real estate and whose value is its own substance or
o
uniqueness, such as furniture, jewelry or a coin collection.
ection. It does not
include cash, books, documents or other papers
apers that aree only evidence of
intangible property rights such as bank accounts,
ounts, stock certificates,
promissory notes, insurance policies and the like. If my wife fails to
survive me, then such property
ll pass equally to those of my children
roperty shall
who survive me.

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THIRD:
IRD: All the residue of my estate, both re
real and ppersonal and
th Trustee of a living
wheresoever situate, I give, devise and bequeath to the
executed immediately before
trust created under an agreement that I have exe
which is designated
the SMART FAMILY
my execution of this will, wh
des
living trust has terminated at my death, or
REVOCABLE TRUST
TRUST. If the livin
iff it is ineffective
ineffecti for any other
oth reason, then I give the residue to my wife,
MARY
ARY K. S
SMART, if she is living, or if not to my children then living
and the issue of any deceased child, per stirpes.

FOURTH: If any beneficiary herein dies within thirty (30) days after
my death, I direct, as a condition subsequent, that the bequest to such

beneficiary shall be divested by such death, and that my estate shall be


disposed of pursuant to the provisions of this Will as if the beneficiary
had not survived me.

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FIFTH: I confer upon my Executor with respect


spect to the management
mana
manag
and administration of any property, included
wha
luded inn my estate, of whatever
nature and wherever located, in addition
upon an
wers conferred upo
ddition to the powers
executor by the laws of the
he State of New York and elsewhere in tthis
Will, the following discretionary
wers, without limitation by reason
re
iscretionary powers,
oof
specification:

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(A) To retain
whatever nature and
ain any property in my estate,
estate of whate
wherever located, whether or not of a type or quality
or constituting a
qua
diversification proper for investment by a fiduciary
under the laws of
f
New York or any other ju
jurisdiction, and
a whether or not productive of
income;

(B) To sell, exchange, abandon or otherwise dispose of any


property
prope at public
pub or private sale, for such consideration and upon such
terms, including
credit, as seems advisable;
in
(C) To hold property in the name of a nominee;

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(D) To borrow money from self or others for any purpose


purpo
connected with the administration of my estate and to pledge or
o
mortgage any property for any purpose;

(E) To renew, assign, extend,


promise, release with or
xtend, compromise,
without consideration, abandon,
don, or submitt to arbitration, obligations or
claims held by or asserted
hem or that may affect estate assets;
rted against them

(F)) To determine,
exercise any
ne, without restriction, whethe
whether to exerc
elections
ions provided for under the Internal Revenue Co
tions
Code, as the same may
be amended, including an election to claim administration
expenses or
admini
losses as income or estate tax deductions or an election to value my
estate as of the date of my
m death oor under the so-called alternate
valuation
use valuation method, and to forgo any
aluation method or special
s
adjustment
djustment of the shares of the beneficiaries that may be provided by law
when
en such elections aare made;
hen

(G)
(G If all or a portion of my estate shall vest in absolute
ownership in a minor, I authorize the Executor in the exercise of absolute
discretion and without authorization by any court:

(1) To distribute the whole or any part of such distribution


to a Custodian under the New York Uniform Transfers to Minors Act
and to choose such Custodian without limitation. In establishing
such
tablish
account, I authorize the duration to be extended
d to age 21 at the
ILGXFLDU\VGLVFUHWLRQ7KHUHFHLSWDQGUHOHDVHE\WKH&XVWRGLDQVKDOOEH
E\WKH&XVWRGLDQV
HE\WKH&XVWRGLDQVK
sufficient to discharge any liability of my Executor
tor to the minor; or

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(2) To distribute
ole or any part of such property
proper to
ute the whole
the parent or guardiann of such minor; or

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part, distribution of any


(3) To defer, in whole or in part
property
the
h
perty to which the minor may be entitled, holding
th undistributed
with all the powers
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portion thereof as a separate fund for such minor
provisions of this Will, and to
conferred upon a Trustee by law or by the pro
a
distribute to the minor or apply,
for his or her benefit, so much of the net
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or desirable
for the health, comfort and education
retion is necessary
nec
discretion
d
to accumulate any income not used and to distribute
in
of the individual,
DQ\ EDODQFH WR
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PDMRULW\RUWRWKHLQGLYLGXDOVH[HFXWRURUDGPLQLVWUDWRULIKHRUVhe dies
PDMRULW\
bbefore reaching the age of majority. The receipt of the person to whom
any such payment is made shall be sufficient discharge therefor.

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The authority conferred upon the fiduciary shall be a power


pow
only and shall not operate to suspend the absolute
ute ownership of such
property by the minor. The Executor shall not be required
quired to render or
file annual accounts for such property,
ll be entitled to receive
y, and shall
compensation with respect to the
he property so held at the same rate and
manner as a testamentary trustee.

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SIXTH: All
nheritance, succession, transfer and other death
ll estate, inheritance,
d
taxes, including
ny interest and penalties thereon, paid to any domestic
ncluding any
orr foreign taxing authority, with respect to all property
by reason
proper taxable
t
pay
of my death, whether such taxes be payable
by my estate or any recipient
of any such property shall be charged aagainst and paid out of the
to the SMART FAMILY
property contained in or passing
passi
REVOCABLE TR
IRREVOCABLE
TRUST, to be apportioned in accordance with the
terms
rms of that Trust. If the
t Trust does not exist, such tax shall be paid
from
m the residue oof my estate, without apportionment.

SEVENTH:
(A) I hereby appoint MARY K. SMART as Executor
V
hereof. If she fails to qualify or ceases to act, then I appoint ROGER M.
TRUSTED to act as Executor.

(B) No bond or other security shall be required of any fiduciary,


even if residing outside the State of New York.

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IN WITNESS WHEREOF I have hereunto subscribed


this
cribed my name
n
______ day of ___________ in the year Two Thousand
housand ____________.
________
_________
______________________________
__
John M. Smart

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ned, do hereby certify that the foregoing instrument


he undersigned,
in
We, the
wass signed by
y the above-named Testator in th
the presence of us and each
said instrument to
d
of us and that said Testator at the same time declared
decla
be his Last Will and Testament and requested
requeste us and each of us to sign
to the execution
thereof, which we hereby
witne
our names thereto as witnesses
e
do in the presence of said Testator
Testat and of each other on the day and year
writte
last above written.

__________________________________________________ residing at
____________
__________________________________________________________

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__________________________________________________ residing
sidin at
__________________________________________________________
_______________
________________

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WITNESS AFFIDAVIT

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STATE OF NEW YORK

)
) SS:
COUNTY OF ____________ )

erally being duly sw


dually and severally
Each of the undersigned, individually
sworn,
deposes and says:
The foregoing
presen and sight at
g instrument was subscribed in our presence
OHN M. SMART, hereinaf
the end thereof
hereinafter referred to as the
hereof by JOHN
Testator,
2_
tator, on the
day of ___________, 2______.

The Testator at the time of making such subscription declared the


oregoing instrument so subscribed
sub
foregoing
to be his last Will.
Each of the un
undersigned tthereupon signed as a witness at the end of
foreg
the foregoing
Will at tthe request of the Testator and in his presence and
in sight
sigh of each oother.
The Testator, in the respective opinions of the undersigned, could
Th
read, write and converse in the English language; was free from restraint
and undue influence; was suffering no defect of sight, hearing or spe
speech
or from any other physical or mental impairment that would affe
affect
7HVWDWRUVFDSDFLW\WRPDNHDYDOLG:LOODQGDSSHDUHGWREH\HDUVold
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GWREH\HDUV
or over. The foregoing Will was executed as a single, original instrument
and was not executed in counterparts.

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Each of the undersigned was acquainted with the Testator at such time
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LWDW7HVWDWRUVUHTXHVW

Each of the undersigned


with the execution
of
ed has, contemporaneously wit
execu
this affidavit,
foregoing Will
ffidavit, examined the signatures at the end oof the fo
and such signatures are the signatures affixed by the Testator
and by each
T
of the undersigned.

_________________________
__________

_________________________

Severally
before me this
eeverally
verally sw
sworn to befo

_____
__ day oof ___________, 2______.

_________________________________
Notary Public