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Last Will and Testament of Slap McShotty
#1
(This post was last modified: 01-04-2020, 02:43 PM by bbjygm.)

LAST WILL AND TESTAMENT
OF
SLAP MCSHOTTY

I, Slap McShotty, of Boston, Massachusetts, revoke my former Wills and Codicils and declare this to be my Last Will and Testament.


ARTICLE I
IDENTIFICATION OF FAMILY

I am not currently married to anyone.

I currently have no children, but all references in this Will to "my children" are references to any children born to me or adopted by me after the signing of this Will.


ARTICLE II
PAYMENT OF DEBTS AND EXPENSES

I direct that my just debts, funeral expenses, and expenses of last illness be first paid from my estate.


ARTICLE III
DISPOSITION OF PROPERTY

  1. Specific Bequests. I direct that the following specific bequests be made from my estate.

    1,000 SHL bucks shall be distributed to @SDCore. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

    My collection of aglets shall be distributed to @Segi. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

    My backscratcher (plus spare) shall be distributed to @thiefofcheese. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

    The broken hockey stick from my first fight shall be distributed to the Swiss IIHF Hockey Team. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

    All my expired credit cards shall be distributed to @Ace. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

    200% scale printouts of all my spreadsheets shall be distributed to @SpartanGibbles. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

  2. Remaining Tangible Personal Property. My remaining tangible personal property shall be distributed to the Hot Potato. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

  3. Residuary Estate. I direct that my residuary estate be distributed to my Trustee, to be retained, managed, and distributed under the provisions of the Article title "Trust for Children".


ARTICLE IV
TRUST FOR CHILDREN

  1. Purpose. The primary purpose of this Trust is to provide for the health, support, maintenance, and education of any children born to me or adopted by me after the signing of this Will.

    The provisions of this Trust also provide for the distribution of my residuary estate. If the Trustee is the beneficiary of any life insurance policy on my life, any pension plan, or any other contract, the proceeds of such policy, plan, or contract shall be treated by my Trustee as though received as a part of my residuary estate.

  2. Use and Distribution. Until there is no living child of mine under the age of 80 years, the Trustee shall pay to any child of mine or descendant of any deceased child of mine, such sums from the income or principal as the Trustee deems advisable for such beneficiary's health, education, support, and maintenance. Any such payments need not be equal between or among my children and descendants of deceased children either as individuals or as separate groups and their distributive shares shall not be charged for such distributions. In making such distributions, the Trustee shall take into consideration their respective needs and any and all other income and property that is known by the Trustee to be available to the beneficiaries for the above purposes. Any income not distributed shall be added to principal. When there is no living child of mine under the age of 80 years, the Trustee shall divide the Trust into equal shares, one share for each then living child of mine, and one share for the then living descendants, collectively, of each deceased child of mine.

    1. With respect to each share provided for a child of mine then living:

      1. Because each child has attained the age of 80 years, each child shall have the right, by written request, to withdraw one-third in value of the remaining assets of such child's share then being held in trust.

      2. Each child who has attained age 100 years, and each remaining child upon attaining such age shall have the right, by written request, to withdraw one-half in value of the remaining assets then being held in such child's share.

      3. Each child who has attained age 120 years, and each remaining child upon attaining such age shall have the right, by written request, to withdraw the remaining assets then being held in such child's share, and if that child does so withdraw the remaining assets, the Trust as to that share shall terminate.

      4. The withdrawal rights described in paragraphs (a) and (b) shall be cumulative, so that the child has already attained the age specified in paragraph (b) at my death, the child shall have the right to withdraw a total of two-thirds in value of the remaining assets then being held in that child's trust share. However, in the even that the child does not make a request for a distribution within six months after attaining eligibility to do so, the amount of such distribution shall not be distributed by the Trustee except as either (i) a part of the next succeeding distribution, or (ii) as provided in paragraph (e).

      5. Prior to final distribution to each child, as provided in this section, the Trustee shall pay to each child such sums from the income or principal of that child's share as the Trustee deems advisable for such child's health, education, support, and maintenance. Any income not distributed shall be added to principal.

      6. If a child of mine dies before receiving full distribution of such child's share, the remainder of such child's share shall be distributed by right of representation to such child's descendants, if any, or if none, by right of representation to my descendants. Each portion distributable to a descendant of mine for whom a share of this Trust is being held shall be distributed to the Trustee of that share and become a part of that share.

    2. With respect to each share provided for the then living descendants, collectively, of a deceased child of mine, the trustee shall distribute that share by right of representation to the descendants of the deceased child.

    3. If no child of mine survives to age 80 years, and if none of my children have surviving descendants, the Trustee shall distribute the remaining Trust assets in the manner set forth in the paragraph "No Surviving Descendants."

    4. Upon the death of a trust beneficiary under the circumstances contemplated by this section ("Use and Distribution"), the Trustee, in the Trustee's discretion, may pay the expenses of last illness, funeral, and related expenses of such deceased beneficiary from Trust assets.

    5. Whenever income or principal is to be used for the benefit of a person under the age of eighteen (18) years or a person who in the judgement of the Trustee is incapable of managing such person's own affairs, the Trustee may make payment of such property in any or all of the following ways:

      1. By paying such property to the parent, guardian, conservator, or other person having the care and control of such person for such person's benefit or to any authorized person as custodian for such person under the Uniform Transfers to Minors Act or equivalent legislation.

      2. By paying such property to the guardian, conservator, or other person having the care and control of any incapacitated person.

      3. By paying directly to any such beneficiary such sums as the Trustee may deem advisable as an allowance.

      4. By expending such property in such other manner as the Trustee in its discretion believes will benefit any such beneficiary.

  3. No Surviving Descendants. If at any time before final distribution of any trust created under this Will, there is not in existence anyone who is, or might become, entitled to receive benefits under the foregoing provisions of this Will, then any portion of my trust or estate then remains shall be paid over and distributed outright to the following beneficiaries in the percentages as shown:

    1. 69% to @StamkosFan, of New England, Wolfpack.

    2. 42% to @hotdog, of Hot, Dog.

  4. Protection of Beneficiaries. The interest of any beneficiary under this Trust shall not be subject to assignment, anticipation, claims of creditors, or seizure by legal process. If the Trustee believes that the interest of any beneficiary is threatened to be diverted in any manner form the purposes of this Trust, the Trustee shall withhold the income and principal from distribution, and shall apply payment in the Trustee's discretion in such manner as the Trustee believes shall contribute to the health, support, maintenance, and education of the beneficiaries. When the Trustee is satisfied that such diversion is no longer effective or threatened, the Trustee may resume the distributions of income and principal authorized. If a separate Trust share had been designated for such beneficiary prior to such withholding by the Trustee, any undistributed income from such share shall be added to the principal of that beneficiary's share.

  5. Nomination of Trustee. I nominate @bbjygm, of Myself, Massachusetts, as the Trustee, with bond. If such person or entity does not serve for any reason, I nominate Me, Myself, and I, of the City-State of Disarray, to be the Sole Successor Trustee, with bond. If such person or entity does not serve for any reason, I nominated Backup Clone, of Backyard Bunker, My House, to be the alternate Sole Successor Trustee, with bond.

  6. Additional Trustee Provisions. These additional provisions shall apply regarding the Trustee.

    1. Resignation, Incapacity, or Death of the Trustee. Upon the resignation, incapacity, or death of the Trustee, Me, Myself, and I, of the City-State of Disarray, is designated as the successor Trustee with bond. Such designee shall become the successor Trustee upon acceptance of the terms and conditions of this Agreement. For the purposes of this Trust, "incapacity" means a legal disability or the inability to provide prompt and intelligent consideration to financial matters by reason of illness or mental or physical disability.

    2. Resignation of Trustee. The Trustee, or any successor, may resign at any time by giving 0.5 days' written notice to all adult beneficiaries, and to a parent or guardian, if any, of each minor beneficiary of the Trust.

    3. Successor Trustee. If the Trustee resigns or ceases to serve for any reason, and if the successor Trustee designated in this document, if any, fails or ceases to serve as Trustee, then the beneficiaries to whom such notice of resignation is given shall designate a successor Trustee by written notice to the resigning Trustee within 0.5 days after receipt of the notice of resignation. If a successor Trustee is not so designated, the resigning Trustee shall have the right to secure the appointment of a successor Trustee by a court of competent jurisdiction, at the expense of the trust. If a successor Trustee is appointed, such Trustee shall be bound by, and subject to, the provision of this Trust.

    4. Accounting. The Trustee shall provide an accounting to the Beneficiary (or Beneficiaries) on at least an hourly basis. If a beneficiary has a "disability", the Trustee shall provide the accounting to a guardian or conservator of the beneficiary, if any.

    5. Bond. Successor Trustees, other than those nominated in this Will, shall serve with bond.


ARTICLE V
PET CARE DIRECTIVES

Notwithstanding any other provision of this Will, I further direct that:

  1. Pet Caretaker. I give the following pet(s):
    • My bird, Flaming the Flamingo

    and any other animals which I may own as companion animals at the time of my death, to Flaming the Flamingo, presently residing at Take Care of Yourself Rd, You Pink Stilted Seagull-ton, Siberia, with the request that he or she treat them as companion animals. If he or she is unable or unwilling to accept my animals, my Personal Representative shall select an appropriate person to accept the animals and treat them as companion animals, and I give my animals to such person.

  2. Pet Caretaker Funds. I direct my Personal Representative to give $0.30 from my estate to the person who accepts my animals, and I request (but do not direct) that these funds be used for the care of my animals.


ARTICLE VI
NOMINATION OF DEPENDENT PERSONAL REPRESENTATIVE

I nominate Hugh Janis, of Lit Ulanis-ville, Kentucky, as my Dependent Personal Representative, to serve with bond.


ARTICLE VII
NOMINATION OF GUARDIAN

Should it become necessary to appoint a guardian of the person of a minor child, I nominate Slap McShotty's Dead McBody, of Grave #5, The Cemetery, to serve as Guardian of my surviving children who are minors at the time of my death. No guardian shall be required to file or furnish any bond, surety, or other security in any jurisdiction.


ARTICLE VIII
PERSONAL REPRESENTATIVE AND TRUSTEE POWERS

  1. Power to Administer Estate. My Personal Representative, with respect to my estate, and my Trustee with respect to my trust, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the following rights, powers, and authority without order of court and without notice to anyone: to identify, gather, value, secure, manage, and distribute assets; to maintain records; to settle and wind up business affairs; to pay just debts; to file necessary tax returns; to redirect mail; to cancel services; to establish trusts; and to carry out my wishes as set forth in this Will.

    1. Receive Assets. To receive, hold, maintain, administer, collect, invest, and re-invest the estate and trust assets, and collect and apply the income, profits, and principal of the estate and trust in accordance with the terms of this instrument.

    2. Receive Additional Assets. To receive additional assets from other sources, including assets received under the Wills of other persons.

    3. Standard of Care. To acquire, invest, re-invest, exchange, retain, sell, and manage estate and trust assets, exercising the judgement and care, under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, no in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Personal Representative and Trustee are authorized to acquire and retain every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligation, and stocks, preferred or common, that persons of prudence, discretion, and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statutes of the United States or the state under which this instrument is administered.

    4. Retain Assets. To retain any asset, including un-invested cash original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, for as long as the Personal Representative or Trustee deems advisable.

    5. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease, or convey real or personal property, publicly or privately, upon which terms and conditions as may appear to be proper, and to execute all instruments necessary to effect such authority.

    6. Settle Claims. To compromise, settle, or abandon claims in favor of or against the estate or trust.

    7. Manage Property. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper.

    8. Allocate Between Principal and Income. To make allocations of charges and credits as between principal and income as in the sole discretion of the Personal Representative or Trustee may appear to be proper.

    9. Employ Professional Assistance. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the estate or trust.

    10. Distribute Property. To make division or distribution in money or kind, or partly in either including disproportionate in-kind distributions, at values to be determined by the Personal Representative or Trustee, and the judgement of either in such respect shall be binding upon all interested parties.

    11. Enter Contracts. To bind the estate or trust by contracts or agreements without assuming individual liability for such contracts.

    12. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plays for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds, or other proprieties of the estate or trust.

    13. Duration of Powers. To continue to exercise the powers provided in this Article notwithstanding the termination of the trust until all the assets of the trust have been distributed.

    14. Hold Trust Assets as a Single Fund. To hold the assets of the trust, shares, or portions of the trust created by this instrument as a single fund for joint investment and management, without the need for physical segregation, dividing the income proportionately among them. Segregation of the various trust shares need only be made on the books of the Trustee for accounting purposes.

    15. Loans to Beneficiaries. To make loans to any trust beneficiary for the purpose of providing the beneficiary with the funds necessary to take advantage of exceptional business opportunities or to provide for the needs of the beneficiaries and their families.

    16. Methods of Distribution. To make payments to or for the benefit of any beneficiary (specifically including any beneficiary under any legal disability) in any of the following ways: (a) directly to the beneficiary; (b) directly for the maintenance, welfare, and education of the beneficiary; © to the legal or natural guardian of the beneficiary; or (d) to anyone who at the time shall have custody and care of the persona of the beneficiary. The Personal Representative or Trustee shall not be obliged to see to the application of the funds so paid, but the receipt of the person to whom the funds were paid shall be full acquittance of the Personal Representative or Trustee.


ARTICLE IX
SPECIAL DIRECTIVES

I hereby state, that in addition to the directives and bequests set forth in this Will, it is my desire and wish to include the following special directives and last wishes: cremate my remains, the hydraulically press them into the form of a puck to be used in either the SHL 69 or SHL 420 Championship Finals.


ARTICLE X
MISCELLANEOUS PROVISIONS

  1. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purpose only and are not considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including "child" and "children", when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number.

  2. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person shall be deemed to have survived me unless such person is also surviving on the thirtieth day after the date of my death.

  3. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or non-actions of the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith. No successor trustee shall be obliged to inquire into or be in any way accountable for the previous administration of the trust property.

  4. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Personal Representative.



IN WITNESS WHEREOF, I have subscribed my name below, this 3rd day of January, 2020.



Testator Signature:
[Image: rqHzkbu.png]
Slap McShotty


We, the undersigned, hereby certify that the above instrument, which consists of 1 SHL post, including the portion which contains the witness signatures, was signed in our sight and presence by Slap McShotty (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above.



Witness Signature:
[Image: rqHzkbu.png]
Name: Slap McCloney 1
Address: Fifth Laboratory
City: Central City
State: Amestris
Phone Number: 1 (800) 867-5309
Email: [email protected]


Witness Signature:
[Image: rqHzkbu.png]
Name: Slap McCloney 2
Address: Fifth Laboratory
City: Central City
State: Amestris
Phone Number: 1 (800) 867-5309
Email: [email protected]


Witness Signature:
[Image: rqHzkbu.png]
Name: Slap McCloney 3
Address: Fifth Laboratory
City: Central City
State: Amestris
Phone Number: 1 (800) 867-5309
Email: [email protected]

hodOOOOr'hOOOdoooooooor hoooodor hOOdOOORRRR, Hooooooodooooorrrr HoooooddddddddoooooooRRRR

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#2

SLAP YOU ARE RIDICULOUS. SO GREAT

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#3

thank u for entrusting me with part of your stick from your first shl fight
i will own it with pride

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#4

Nothing like boilerplate legalese to up that word count

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#5

Lowkey insulted

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RIP Dangel. See you on the other side, brother
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#6

01-03-2020, 06:05 PMAce Wrote: Lowkey insulted

Hope you're not insulted now

hodOOOOr'hOOOdoooooooor hoooodor hOOdOOORRRR, Hooooooodooooorrrr HoooooddddddddoooooooRRRR

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#7

2 backscratchers?!?!?

Anyone know any hitmen? I could use these immediately

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Sig credit: Ragnar, Carpy48, High Stick King

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#8

01-04-2020, 12:02 AMthiefofcheese Wrote: 2 backscratchers?!?!? 

Anyone know any hitmen?  I could use these immediately

Might need to throw in some kind of "natural death" clause on your bequest just to be safe

hodOOOOr'hOOOdoooooooor hoooodor hOOdOOORRRR, Hooooooodooooorrrr HoooooddddddddoooooooRRRR

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#9

Whew left out of the will.... feels bad man

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#10

@bbjygm I am interested in how you are going to be the trustee if you are dead ... Or are you the agent of Slip?

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#11

01-04-2020, 04:15 AMSpartanGibbles Wrote: Whew left out of the will.... feels bad man

Ask and you shall receive

hodOOOOr'hOOOdoooooooor hoooodor hOOdOOORRRR, Hooooooodooooorrrr HoooooddddddddoooooooRRRR

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#12

01-04-2020, 11:23 AMTomasnz Wrote: @bbjygm  I am interested in how you are going to be the trustee if you are dead ... Or are you the agent of Slip?

If I don't come back as a zombie I'm sure they can communicate my desires as Trustee by using a ouija board

hodOOOOr'hOOOdoooooooor hoooodor hOOdOOORRRR, Hooooooodooooorrrr HoooooddddddddoooooooRRRR

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Stats Pre-S53 || Stats S53+
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#13

01-04-2020, 02:44 PMbbjygm Wrote:
01-04-2020, 04:15 AMSpartanGibbles Wrote: Whew left out of the will.... feels bad man

Ask and you shall receive
I'll take it

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