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B. The Executor will see that “JO”, if she
survives me, receives interest and dividend income
sufficient to her needs.
C. If an emergency requires “JO” to have some of
the assets in the Trust, the Executor will allot such
funds as he determines “JO” needs.
D. Upon “JO’s” death, if she survives me, all the
estate shall go to BARNEY PETER ARONSON as described
above.
E. In my personal effects are “Chuck Aronson’s
Journal’s”, which the Executor will keep safe and
secure in perpetutity, [sic] to be used as seen fit,
but in no way destroyed.
* * * * * * *
FIFTH: I hereby direct that all inheritance,
estate, transfer, succession or other taxes (including
any interest or penalties) shall be paid out of my
residual estate and that all beneficiaries under this
Will shall receive legacies, bequests and devises free
and exempt from any and all such tax payment.
LASTLY: I hereby nominate and appoint my
grandson, BARNEY PETER ARONSON, to be the executor of
this my Last Will and Testament, and the trustee of any
trust herein created. I further direct that the said
executor and trustee shall act as such without bond or
other security in either event, and have all the powers
contained in the New York Fiduciary Powers Act.
Mr. Newman provided a proof of will to decedent.
On December 20, 1996, decedent died testate.
On January 9, 1997, Mr. Newman probated the 1993 will in the
Surrogate’s Court, State of New York, County of Cattaraugus
(Surrogate’s Court). Around this time, Mr. Newman advised Bar
that once decedent had died and the 1993 will had been probated,
it could not be changed.
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