Hawaii Last Will and Testament Form - Free Download | Page 3
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the event __________________ is unable or unwilling to serve in said capacity, I nominate
___________ to serve as Executrix without bond.
ARTICLE IX
POWERS OF EXECUTORS
In addition to those powers granted by statute, I hereby grant to my Executors the following
powers:
A. A. To sell, lease, mortgage or encumber by deed of trust the
whole or any part of my Estate at either public or private sale, with or without
notice, subject only to such confirmation as may be required by law.
A. B. To continue the operation of any business belonging to my
Estate and for such time and in such manner as may be deemed advisable and in
the best interest of my Estate or to sell or liquidate said business at such time and
upon such terms as is deemed advisable and in the best interest of my Estate. Any
such operation, sale or liquidation shall be at the risk of my Estate and without
liability on the part of my Executors for any losses resulting therefrom.
A. C. To elect to file a joint federal income tax return in
accordance with Section 6013 of the Internal Revenue Code, or any amendment
thereto, on behalf of myself and my spouse for any period, or periods, for which
such a return may be permitted following my death and to pay from my Estate the
amount of income tax due thereon, and any adjustment thereof, and to consent to
have any gifts made by me or by my spouse to a third person prior to my death
which, for gift tax purposes, may be treated as having been made one-half (½) to
myself and one-half (½) to my spouse under Section 2513 of the Internal Revenue
Code, or any amendment thereto, and if such consent is given, to pay from my
Estate any and all gift taxes that may be due by reason of such gifts.
ARTICLE X
GENERAL PROVISIONS
A. A. Should any part, clause, provision or condition of this Will be held
to be void, invalid or inoperative, then I direct that such invalidity shall not affect
any other clause, provision or condition hereof, but the remainder of this Will
shall be effective as though such clause, provision or condition had not been
contained herein.
A. B. Whenever it shall be necessary to interpret this Will, the
masculine, feminine and neuter personal pronouns may be construed
interchangeably and the singular shall include the plural and the plural the
singular.
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