Will statement: I nominate, constitute and appoint my son,
[Person-7] as Executor of my Last Will and
Testament. If my son should not qualify or complete the
administration of my estate, I appoint [Person-4], my
grandson, as Alternate Executor of this my Last Will and
Testament. In the event the law in the state wherein this Last
Will and Testament is offered for probate requires that a
resident of that state serve with my named Alternate Executor andmy named Alternate Executor is not a resident of that state, then
and in that event, I leave the choice of the person to serve with
my named Alternate Executor in his sole and exclusive discretion.
I specifically excuse my named Executor or
Alternate Executor, or any person whom he may choose to serve
with him, from the necessity of filing any bond, inventory or
accounting in this or any other jurisdiction. I specifically
give my named Executor, Alternate Executor, or any person whom he
may choose to serve with him, full power, in his sole discretion,
to do all things necessary for the complete administration of my
estate, including but not limited to, the power to sell at public
or private sale, and without the order of any Court, any real or
personal property belonging to my estate, as well as to mortgage,
lease, or give a security interest therein, and to compound,
compromise and otherwise to settle or adjust any and all claims,
charges, debts and demands, whatsoever, against or in favor of my
estate, as fully as I could do if living. I specifically grant
to my Executor, Alternate Executor, or any other person whom he
may choose to serve with him, the power to execute bills of sale
and deeds of conveyance, if necessary.
I specifically authorize my Executor, Alternate
Executor, or any person whom he may choose to serve with him, in
the exercise of reasonable discretion, with respect to all
property, real, personal or mixed, at any time forming part of my
estate, to exercise any and all powers set forth at Tennessee
Code Annotated,  35-50-110, to the extent applicable, all of
which provisions and powers are incorporated herein by reference
as if fully copied herein verbatim.
Conditions: People named as the Executor were not sentenced to prison.
Statute: 32-3-110. Power of appointment.
(a) This section applies only to powers of appointment exercisable by will.
(b) Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of eighteen (18) years.
(c) Manner of exercise of power. Unless a contrary intent is evidenced by the terms of the instrument creating or limiting a power of appointment, a donee of a power of appointment exercisable by will may:
(1) Make appointments of present or future interests or both;
(2) Make appointments with conditions and limitations;
(3) Make appointments with restraints on alienation upon the appointed interests;
(4) Make appointments of interests to a trustee for the benefit of one (1) or more objects of the power;
(5) Make appointments that create in the object of the power additional powers of appointment to permissible objects of the power of appointment pursuant to which the powers are created; and
(6) If the donee could appoint outright to the object of a power, make appointments that create in the object of the power additional powers of appointment that may be exercisable in favor of such persons or entities as the person creating the power may direct, even though the objects of the additional powers of appointment may not have been permissible objects of the original power of appointment pursuant to which the additional powers are created; provided, however, that the donee may not create a power that would violate any applicable rule against perpetuities.
Label: 1