Ophelia (16 page)
Authors: D.S.
- I give and bequeath the ownership
and operation of OsCorp Industries, Incorporated to my daughter. Ophelia
shall retain complete control of OsCorp for the duration of an entire
decade after my death, at which time she shall sell the corporation or
retain control, at her discretion. - I also give and bequeath my
Carnegie Hill mansion to my daughter. Ophelia shall reside in the mansion
for five years before selling or retaining ownership, at her discretion. - I further give and bequeath my 2001
Lexus LS 300 to my daughter. Should Ophelia decide that ownership of a
vehicle is not practicable in relation to her current circumstances; the
bequest immediately turns over to my son. - I give and bequeath the sum of
$1,000,000 to Emily Sullivan, reducing to $750,000 should one of my
children predecease me and to $500,000 should both my children predecease
me. If Mrs. Sullivan should predecease me, the sum shall be given to my
children in equal shares,
per stirpes
, providing that they have
reached the age of majority at the time of my death. - I give and bequeath the remainder
of my personal effects of every kind and not otherwise named, to my
daughter. If she should not survive me, my effects shall be given to my
remaining children,
per stirpes
.
The term “personal effects” as used in
this article shall mean, “items of clothing, jewelry, mementos, personal
papers, awards, photographs and other similar items owned by me at the time of
my death”. No single item shall be included in this category if it has a fair
market value greater than or equal to $500.00.
Article V
Residuary Estate
I give and bequeath all the rest,
residue and remainder of my estate (after payment of all debts and expenses of
my estate, pursuant to Article II and after all specific bequests found in
Article IV) to my daughter. If Ophelia should not survive me, then the
residuary shall be distributed to Emily Sullivan or to Harold Osborn, should
Emily predecease him.
Article VI
Beneficiaries for whom
Bequests are to be Held in Trust
I give and bequeath the sum of $500,000
to my son, providing that he has reached the age of majority at the time of my
death. If my son has not reached majority at the time of my death, the sum
shall be given to Emily Sullivan for the care and keeping of my son and—if
necessary—my daughter. Should my son predecease me, the sum shall be given to
my daughter.
Article VII
Powers of the Executor
A. I hereby grant to my executor all
powers granted to that office by the State of New York, with respect to any and
all property, which shall at any time constitute a part of my estate. These
powers are exercisable at the discretion of my executor. In addition to any
powers now or hereafter conferred upon the executor by law, the executor shall
have the power to:
1.
Make all tax elections of any nature which in any manner affect my estate under
federal or state law,
2.
Sell estate assets at public or private sale for cash or on credit terms,
3.
Lease estate assets without restriction as to duration, and
4.
Invest any surplus money of the estate in real or personal property, as the
executor deems advisable.
B. Furthermore, on any distribution of
assets from the estate, the executor shall have the discretion to partition,
allot and distribute the assets in the following manner:
1.
In kind, including any undivided interest in an asset or in any part of it,
2.
Partly in cash and partly in kind, and
3.
Entirely in cash.
C. For estate assets otherwise
distributable to a minor beneficiary, the executor shall have the discretion to
distribute said assets in one of the following manners:
1.
To the guardian of the minor’s person or estate,
2.
To any adult person with whom the minor resides and who has the care, custody
or control of the minor, or
3.
To the custodian of the minor under the Uniform Transfer to Minors Act.
The executor is free of liability and is
discharged from any further accountability for distributing assets in
compliance with the provisions of paragraph C.
D. If a group of assets is distributable
to more than one beneficiary, the executor shall have the discretion to
distribute assets among them on a
pro rata
or non
pro rata
basis,
with the assets valued as of the date of distribution.
Article VIII
Miscellaneous
- In the event that any of my property
or all of it, at the time of death is found by a court, or determined by
the executor, to be community property under the laws of the State of New
York, then my will shall be construed as referring only to my
community-property interest in an item of property. - Simultaneous Death:
Any beneficiary named herein who
does not survive me by 24 hours shall be deemed to have predeceased me for
the purposes of this will. - If any portion of my will shall be
held illegal, invalid or otherwise inoperative, it is my intention that
all of the other provisions hereof shall continue to be fully effective
and operative insofar as it is possible and reasonable. - The term “bequest” as used in this
will shall refer to a gift to a beneficiary of either real or personal
property. - As used in this will, “
per
stirpes
” shall mean a system of distributing a bequest under which
other beneficiaries shall take equally among themselves the share which
the original beneficiary would have taken, had he or she survived the
testator.
If (and only if) I have not made an
effective disposition of the residuary of my estate, the executor shall
distribute it to my heirs at law, their identities and respective shares to be
determined according to the laws of the State of New York relating to intestate
succession in effect on the date of my death.
IN WITNESS WHEREOF, I, the testator sign
my name to this instrument this 25
th
day of January 2000. Being
first duly sworn, I do declare to the undersigned authority and below-named
witnesses that I sign and execute this instrument as my last will; that I
execute it as my free and voluntary act for the purposes expressed herein and that
I am over the age of eighteen, of sound mind and under no constraint or undue
influence.
Norman E. Osborn
Norman Edward Osborn,
Testator
We, the witnesses, sign our names to
this instrument, being first duly sworn, and do hereby declare to the undersigned
authority that the testator signed and executed this instrument as his last
will. He has signed it willingly and each of us, in the presence and hearing of
the testator, hereby signs this will as witness to the testator’s signing. To
the best of our knowledge, the testator is over the age of eighteen, of sound
mind and under no constraint or undue influence.
January 25, 2000
Michael H. Laurier
Michael H. Laurier,
Witness
Laurier, Fitzwilliam & Morris
107 W. 75
th
St.
Manhattan, NY 17502
Mendel W. Stromm
Mendel W. Stromm,
Witness
Mendel W. Stromm
1315 E. Parkington Ave.
Manhattan, NY 17502
Witness Affidavit
State
of New York
County
of New York
Each of the undersigned, being duly
sworn, deposes and says:
The will to which this affidavit is
annexed was subscribed in our presence and sight at the end thereof by Norman
Edward Osborn, the within named testator, on this 25
th
day of
January, 2000.
Said testator at the time of making such
subscription declared the instrument so subscribed to be his last will. Each of
the undersigned thereupon signed his name as a witness at the end of said will,
at the request of said testator and in his presence and sight and in the
presence and sight of each other.
Said testator was over the age of eighteen
years and, in the opinion of each of the undersigned, of sound mind, memory and
understanding and not under any restraint or in any respect incompetent to make
a will. Said testator, in the opinion of each of the undersigned could read,
write and converse in the English language and was suffering no defect of
sight, hearing or speech, or from any other physical or mental impairment,
which would affect his capacity to make a valid will. The will was executed as
a single, original instrument and was not executed in counterparts.
Each of the undersigned was acquainted
with said testator at such time and makes this affidavit at his request. The
will to which this affidavit is annexed was shown to the undersigned at the
time this affidavit was made, and was examined by each of them as to the
signatures of said testator and of the undersigned.
Michael H. Laurier
Michael H. Laurier,
Witness
Laurier, Fitzwilliam & Morris
107 W. 75
th
St.
Manhattan, NY 17502
Mendel W. Stromm
Mendel W. Stromm,
Witness
Mendel W. Stromm
1315 E. Parkington Ave.
Manhattan, NY 17502
Subscribed, sworn to and acknowledged by
me on this 25
th
day of January, 2000.
Mina L. Harker
Mina L. Harker, Notary
Public
My commission expires
March 22, 2002
Amadán:
(Irish) idiot [Oma-dawn
[1]
]
Amor:
(Spanish) love [Ah-more]
Atelier:
(French) workshop. In the fashion industry the
atelier
is where the
designer works on his or her collections. [Ah-tell-yay]
Athair:
(Irish) father [Ah-hir]
Bleachtaire
:
(Irish) detective [
Blaick-tur-ah]
Brisbane:
a city in eastern Queensland (Australia), bordering on the Pacific Ocean.
Ophelia’s first home was in Brisbane, where she lived from ages fourteen to
twenty-three. [Brizz-bin]
Cariño:
(Spanish) dear, honey [Car-een-yo]
Carnegie
Hill:
named after Andrew Carnegie, it is traditionally considered the most
prestigious neighborhood in the Upper East Side and is the location of the
Osborn mansion.
Commack:
a hamlet on Long Island, New York. Osborn Scientific opened (what became) the
Mendel W. Stromm Research and Development Facility there in 1974.
Corazón:
(Spanish) sweetheart [Cor-ah-sewn]
Deartháir:
(Irish) brother [Dra-haw-er
[2]
]
Divan:
(Persian) a long, low couch or sofa [Div-ahn]
Esposo:
(Spanish) spouse [Ess-poss-o]
Fear:
(Irish) man [far]
Filial
duty:
duty to one’s parents
Garda:
“Peace Guard of Ireland”, the police force of the Republic of Ireland. [Gar-da]
Officially:
Garda Síochána na hÉireann
or
An
Garda Síochána
Plural:
Gardaí [Gawhr-de]
Note:
Ophelia uses
Garda
and the related
terms to refer to all law enforcement.