Will of Joseph Johnson

 

WILL OF JOSEPH JOHNSON

I, Joseph “Joe” Johnson, of 358 Main Street, Wheaton, Illinois, make this my Will and revoke all prior wills and codicils.

Article I

Introduction

1. My Family. My wife is Emily Johnson; together we have a daughter, Lily Johnson. I have two children from my first marriage now living, Greg Smith Johnson and Joanna White.

Article Two

2. Guardian. In the event that my wife, Emily Johnson, dies before my our daughter Lily reaches the age of twenty-one, I name as personal fiduciary and guardian for Lily and any other minor child of mine, the first of the following who is able and willing to act: 

1. Katharine Bennett, 327 First Street, Peoria, Illinois.

2. Anne Jones, 3 Park Avenue, New York, New York.

I authorize either of the individuals nominated above to remove any minor child of mine and the child’s estate to that individual’s place of residence, even if that residence is outside the State of Illinois, in order to seek appointment as guardian by the court of that place of residence. The inability of an individual nominated above to serve as a guardian because of the individual’s state of residence shall not affect the right of the individual to serve as guardian. If I have more than one minor child, I desire that my minor children not be separate and that the same individual appointed guardian of the person for all my minor children. No security, surety, bond, or deposit shall be required of any guardian.

Article Three

Gifts on My Death

2.1 Gifts of Tangible Personal Property. To my daughter, Joanna White, 956 Hanover Lane, Lombard, Illinois, I gift and bequeath the Spring Flowers painting, which now hangs over the fireplace in the living room. To my son, Greg Smith Johnson, 228 Division Street, Glen Ellyn, Illinois, I gift and bequeath my baseball collection. To my grandson, Greg Smith Johnson, Jr., I also gift and bequeath my wedding ring from my first marriage. To Victoria Kirk, wife of my son Greg Smith Johnson, I gift and bequeath $1,000. To Tom White, husband of my daughter Joanna White, I gift and bequeath $1,000. To my daughter Lily Johnson, I gift and bequeath $10,000, to be placed in trust, and conservatively invested, until her 18th birthday. This $10,000 is my only and entire gift and provision for Lily Johnson. To my grandson, Greg Smith Johnson, Jr., I gift and bequeath a trust of $100,000, created March 20, 2021. 

I gift and bequeath one-third of the remainder and balance of my estate to my wife, Emily Johnson. I wholly own the home in which Emily Johnson and I live, at 358 Main Street, Wheaton, Illinois. At my death, Emily Johnson, shall have the right to live in that home, for one year or 365 days. She will be solely responsible to pay taxes, utilities, and any other necessary expenses during that year. I direct my executor to sell the house at the end of this year, and the proceeds added to the remainder, or balance, of my estate.

To Purdue University, West Lafayette, Indiana 47907-2040, I gift and bequeath $5,000. To my neighbor, Karen Miller, 354 Main Street, Wheaton, Illinois, I gift and bequeath all of my gardening tools, including my wheelbarrow.

2.2 The Balance of My Estate. The remainder or balance of my estate, after gifts and expenses, I gift and bequeath, in equal shares, to the two children of my first marriage, Greg Smith Johnson and Joanna White. Should either Greg Smith Johnson or Joanna White predecease me, the proceeds of the estate they would have inherited shall be divided equally among his or her children, in equal shares.

2.3  Survivorship. Only persons living on the 30th day after the day of my death shall be deemed to have survived me for the purposes of this Article.

Article Four

Executors

1. I name as Executor of my estate, the first of the following who is from time to time willing and able to act:

1. James Cooper, 2252 First Street, West Lafayette, Indiana, 47906;

2. Greg Smith Johnson, 228 Division Street, Glen Ellyn, Illinois, 60137.

4.2 I direct my executors to pay my enforceable unsecured debts and funeral expenses, the expenses of my last illness, and expenses of administering my estate.

3. Waiver of Surety. No security, surety, bond, or deposit shall be required of my executor.

4. Powers of Executor. I give my executor power, without authorization of any court:

1. Retention. To retain any property regardless of its future or present value.

2. Sale. To sell, convey, and transfer any real or personal property, for such price and on such terms as my executor sees fit.

3. Real and Tangible Property. To make any disposition of property, both real and tangible, on such terms as the executor sees fit.

4. Borrowing. To borrow money from any lender (including the executor individually), extend or renew any existing indebtedness, and mortgage or pledge any property.

5. Investing. To invest in stocks, bonds, mutual funds, or any other investment instrument, as the executor sees fit.

6. Distribution: Determination of Value. To distribute my estate in cash or kind, or partly in each, to allocate or distribute undivided interests, different property, or disproportionate interests to the beneficiaries, and to determine the value of any property allocated; no action taken by executor pursuant to this paragraph shall be subject to question by any beneficiary.

7. If permitted by law and if not inconsistent with the best interests of the beneficiaries as determined by the executor, the administration of my estate shall be independent of any court.

Signed on March 25, 2021.

                        ___________________________

                        Joseph Johnson

The testator, Joseph Johnson, signed this Will in our presence on the date it bears. Immediately thereafter, at the testator’s request and in the testator’s presence and in the presence of each other, we signed our names as witnesses. We certify that we believed the testator to be of sound mind and memory at the time of signing.

Witnesses

    _______________________     residing at 1050 S. Euclid Avenue, Elmhurst, Illinois.

    Marga Breckenfelder

    ________________________   residing at 5426 N. Winthrop Avenue, Chicago, Illinois.

    Diana Sills

________________________   residing at 3906 S. Grand Boulevard, Brookfield, Illinois.

Elaine Zelinski