LAST WILL AND TESTAMENT
OF
JOHN WINSTON ONO LENNON
I, JOHN WINSTON ONO LENNON, a resident of the County
of New York, State of New York, which I declare to be my
domicile do hereby make, publish and declare this to be my Last
Will and Testament, hereby revoking all other Wills, Codicils
and Testamentary dispositions by me at any time heretofore
made.
FIRST: The expenses of my funeral and the administration of
my estate, and all inheritance, estate or succession taxes,
including interest and penalties, payable by reason of my death
shall be paid out of and charged generally against the principal
of my residuary estate without apportionment or proration. My
Executor shall not seek contribution or reimbursement for any
such payments.
SECOND: Should my wife survive me, I give, devise and
bequeath to her absolutely, an amount equal to that portion of
my residuary estate, the numerator and denominator of which
shall be determined as follows:
1. The numerator shall be an amount equal to one-half (1/2) of
my adjusted gross estate less the value of all other property
included in my gross estate for Federal Estate Tax purposes and
which pass or shall have passed to my wife either under any
other provision of this Will or in any manner outside of this Will
in such manner as to qualify for and be allowed as a marital
deduction. The words "pass", "have passed", "marital
deduction" and adjusted gross estate" shall have the same
meaning as said words have under those provisions of the
Untied States Internal Revenue Code applicable to my estate.
2. The denominator shall be an amount representing the value of
my residuary estate.
THIRD: I give, devise and bequeath all the rest, residue and
remainder of my estate, wheresoever situate, to the Trustees
under a Trust Agreement dated November 12, 1979, which I
signed with my wife YOKO ONO, and ELI GARBER as
Trustees, to be added to the trust property and held and
distributed in accordance with the terms of that agreement and
any amendments made pursuant to its terms before my death.
FOURTH: In the event that my wife and I die under such
circumstances that there is not sufficient evidence to determine
which of us has predeceased the other, I hereby declare it to be
my will that it shall be deemed that I shall have predeceased her
and that this, my Will, and any and all of its provisions shall be
construed based upon that assumption.
FIFTH: I hereby nominate, constitute and appoint my beloved
wife, YOKO ONO, to act as the Executor of this my Last Will
and Testament. In the event that my beloved wife YOKO ONO
shall predecease me or chooses not to act for any reason, I
nominate and appoint ELI GARBER, DAVID WARMFLASH
and CHARLES PETTIT, in the order named, to act in her place
and stead.
SIXTH: I nominate, constitute and appoint my wife YOKO
ONO, as the Gurdian of the person and property of any children
of the marriage who may survive me. In the event that she
predeceases me, or for any reason she chooses not to act in that
capacity, I nominate, constitute and appoint SAM GREEN to
act in her place and stead.
SEVENTH: No person named herein to serve in any fiduciary
capacity shall be required to file or post any bond for the faithful
performance of his or her duties, in that capacity in this or in
any other jurisdiction, any law to the contrary notwithstanding.
EIGHTH: If any legatee or beneficiary under this will or the
trust agreement between myself as Grantor and YOKO ONO
LENNON and ELI GARBER as Trustees, dated November 12,
1979 shall interpose objections to the probate of this Will, or
institute or prosecute or be in any way interested or instrumental
in the institution or prosecution of any action or proceeding for
the purpose of setting aside or invalidating this Will, then and in
each such case, I direct that such legatee or beneficiary shall
receive nothing whatsoever under this Will or the
aforementioned Trust.
IN WITNESS WHEREOF, I have subscribed and sealed and do
publish and declare these presents as and for my Last Will and
Testament, this 12th day of November, 1979.
/s/
John Winston Ono Lennon
THE FOREGOING INSTRUMENT consisting of four (4)
typewritten pages, including this page, was on the 12th day of
November, 1979, signed, sealed, published and declared by
JOHN WINSTON ONO LENNON, the Testator therein named,
as and for his Last Will and Testament, in the present of us, who
at his request, and in his presence, and in the presence of each
other, have hereunto set our names as witnesses.
(The names of the three witnesses are illegible.)
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