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Last Will and Testament for John B. Cook

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Last Will and Testament for John B. Cook
Aimee’ M. Deane
Kaplan University
Author Note PA106 Writing Assignment Unit 7 Professor Alan Daniel

LAST WILL AND TESTAMENT
OF
JOHN BLAIR COOK

I, JOHN BLAIR COOK, of 212 Kings Gate Court, Austin, Texas, being of sound mind and disposing memory, being of legal age, and realizing the uncertainty of life and the certainty of death, do make, publish, and declare this instrument as my Last Will and Testament, hereby expressly revoking any and all Wills and Codicils made by me at any time heretofore. FIRST: I direct that my legally enforceable debts and expenses, including my last illness and funeral bills, be paid as soon after my death as may be practicable. SECOND: I give, devise, and bequeath all of my personal property and all of my real property, of whatever nature and wherever found, to my beloved wife, MARY KATHERINE COOK, if she shall be living at my death, with the exception of the specific bequests listed in the paragraph titled THIRD. THIRD: I give specifically One Thousand Dollars ($1,000) to my church, the Fifth Avenue Missionary Baptist Church, to aid in missions work. I give specifically Five Hundred Dollars ($500) to my sister, SARAH COOK BURNETT, since she has had a hard time making ends meet since the death of her husband.

This is Page 1 of My Will________________

FOURTH: If my wife, MARY KATHERINE COOK, shall predecease me or not survive me by as many as thirty (30) days, I hereby give, devise, and bequeath all of my estate, whether real property or personal property, to my two (2) children, MARY RACHEL COOK and JOHN BLAIR COOK, JR., equally per stirpes. FIFTH: If my wife does not survive me, then I nominate and appoint Mr. and Mrs. ROBERT T. COOK, my parents, to be the Guardians of my minor children; and I hereby direct that they be allowed to expend those funds necessary to allow my children to live a comfortable life. I especially direct that they attempt to provide enough funds from my estate, which includes my life insurance policy through Metropolitan Life Insurance Company, so that both my daughter and son may attend college. SIXTH: All the rest, residue, and remainder of the property which I may own at the time of my death, real, personal, and mixed, of whatsoever nature and wheresoever situated, I bequeath to my wife, MARY KATHERINE COOK. SEVENTH: I hereby nominate and appoint my wife, MARY KATHERINE COOK, to be the Executrix of this my Last Will and Testament and direct that no bond be required for the faithful performance of her duties. I further vest my Executrix with full power and authority to sell, transfer, and convey any property, real or personal, which I may own at the time of my death at such time and price and upon such terms and conditions as she may determine and to do every other act necessary for the complete administration of this Will.

This is Page 2 of my Will____________ IN WITNESS WHEREOF, I have hereunto signed and subscribed my name to this my Last Will and Testament, consisting of this and two (2) preceding typewritten pages; and for the purpose of identification, I have initialed each such page, all in the presence of the persons witnessing it at my request on this the ____ day of May, 2014, at Austin, Texas.

_____________________________________
JOHN BLAIR COOK, Testator

This is Page 3 of my Will________________

The foregoing instrument, consisting of this and three (3) preceding pages, was signed, sealed, published, and declared by JOHN BLAIR COOK, the Testator, to be his Last Will and Testament in our presence; and we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses and have made oath that he was of sound mind and disposing memory this the ___ day of May, 2014.

_____________________________residing at____________________________
WITNESS

_____________________________residing at_____________________________
WITNESS

_____________________________residing at______________________________
WITNESS

This is page 4 of my Will_____________
AFFIDAVIT OF WITNESSES TO PROVE WILL

STATE OF TEXAS )
COUNTY OF CHEROKEE )

We, ROBERT F. HART, CONA A. GIVAN, and DIANNE M. BERLIN, after first being duly sworn according to law, make oath to the following: 1. That we are adult citizens of Cherokee County, Texas, and were so on the date of the signing of the Will of JOHN BLAIR COOK. 2. That we witnessed the execution of the Last Will and Testament of JOHN
BLAIR COOK, dated May 13, 2014, to which this Affidavit is attached and that this Affidavit is being made at the request of the Testator according to Texas statutory law. 3. That our signatures are affixed to the said Last Will and Testament and that we signed our names at the request of the Testator, JOHN BLAIR COOK, in his presence and in the presence of each other at the place and on the date recited in the said Last Will and Testament. 4. That the Testator, JOHN BLAIR COOK, signed said document as and for his Last Will and Testament in our sight and presence. 5. That at the time we witnessed said Last Will and Testament, the Testator,
JOHN BLAIR COOK, was, in our opinion, of sound mind and disposing memory. Further, Affiants saith not.

__________________________________ __________________________________
NAME OF WITNESS ADDRESS

___________________________________ __________________________________
NAME OF WITNESS ADDRESS

___________________________________ __________________________________
NAME OF WITNESS ADDRESS

Sworn to and subscribed before me this the ___ day of May, 2014.

__________________________________________
NOTARY PUBLIC
My Commission Expires:_____________________

LIVING WILL
OF
JOHN BLAIR COOK
I, JOHN BLAIR COOK, willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below; and I therefore declare as follows:
If, at any time, I should have a terminal condition and my attending physician has determined that there can be no recovery from such condition and the application of medical care would serve only to artificially prolong the dying process, I direct that medical care be withheld or withdrawn and that I be permitted to die naturally with only the administration of medications or the performance of any medical procedure deemed necessary to provide me with comfortable care or to alleviate pain. I authorize the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids.
Notwithstanding my previous declaration relative to the withholding or withdrawal of life-prolonging procedures, I express my desire to donate my organs and/or tissues for transplantation; and I direct my attending physician, if I have been determined dead according to Texas statutory law, to maintain me on artificial support systems only for the period of time required to maintain the viability of and to remove such organs and/or tissues.
In the absence of my ability to give directions regarding my medical care, it is my intention that this declaration shall be honored by my family and physicians as the final
Page 1 of 3 expression of my legal right to refuse medical care and accept the consequences of such refusal.
I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration.
IN WITNESS WHEREOF, I do hereinafter affix my signature on this the ____ day of ______, 2014.

______________________________________
JOHN BLAIR COOK, Declarant

We, the subscribing witnesses hereto, are personally acquainted with and subscribe our names hereto at the request of the Declarant, an adult, whom we believe to be of sound mind, fully aware of the action taken herein and its possible consequence. We, the undersigned witnesses, further declare that we are not related to the Declarant by blood or marriage; that we are not entitled to any portion of the estate of the Declarant upon his decease under any will or codicil thereto presently existing or by operation of law then existing; that we are not the attending physicians, an employee of the attending physician or a health facility in which the declarant is a patient; and that we are not persons who, at the present time, have a claim against any portion of the estate of the declarant upon his or her death.

Page 2 of 3
__________________________________________
WITNESS

__________________________________________
WITNESS

_________________________________________
WITNESS

STATE OF TEXAS )
COUNTY OF CHEROKEE)

Sworn to, subscribed, and acknowledged before me by JOHN BLAIR COOK, the Declarant, and sworn to and subscribed before by________________________,
______________________, and ____________________, witness, this the ________ day of _____________, 2014.

___________________________________
NOTARY PUBLIC

My Commission Expires:_____________
Page 3
References

Lyle, L.R. & Doty, G.H. (2010). LEGAL Transcription. Second Edition. Nashville: Paradigm Publishing. Pages 119-141.…...

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