Last Will and Testament

JOHN DOE

I, JOHN DOE, residing in San Diego County, California, hereby make, publish and declare this my last Will and Testament, and hereby revoke all Wills and Codicils previously made by me.

I declare that I am married to JANE DOE. All references to my child or children refer only to issue of my marriage to JANE DOE. From my marriage to JANE DOE, I have the following children:

FIRST CHILD DOE Born January 1, 1998

SECOND CHILD DOE Born February 1, 1998

THIRD CHILD DOE Born March 1, 1998

I direct my Personal Representative to first pay my legal debts duly proven, the expenses of my last illness, funeral and burial expenses and administration expenses.

III

I make the following specific gifts:

A. I direct that my silverware collection is to be appraised, divided into as many lots as I have children living at my death, each lot to be of equal, or near equal, value, and one lot given to each of my then living children.

B. I direct that my tools, whether hand, power, garden or otherwise, are to be divided equally, or nearly equal, between my Daughter, FIRST CHILD DOE and my Son SECOND CHILD DOE.

I give, devise and bequeath all of the rest, residue and remainder of my estate, whether real, personal or mixed, wheresoever situated, of which I may die possessed, or over which I may have the power to dispose at my decease, to my Wife, JANE DOE, if she shall survive me. If my Wife, JANE DOE, shall predecease me, then I direct that the residue and remainder of my estate be divided equally among my children, FIRST CHILD DOE, SECOND CHILD DOE, and THIRD CHILD DOE, or, if deceased, to their then living issue.

If at the date of distribution of any property from my estate, the beneficiary of the property under my Will is a minor, or under any other legal disability, or unable, in the Executor's opinion, to administer the property properly by reason of mental or physical illness or disability, the Executor is empowered to distribute the property, in the Executor's sole discretion, to any one or more of the following persons for the benefit of the beneficiary: (a) a legally appointed guardian or conservator of the estate of the beneficiary; or (b) if the beneficiary is a minor, the parent or guardian under any applicable Uniform Gifts to Minors Act, provided that if no custodian is then in existence, the Executor is empowered to designate a custodian for this purpose from among the persons qualified to serve. I authorize the Executor to accept the receipt of any distributee in full satisfaction and discharge of the distribution of such property.

My estate may be administered under the California Independent Administration of Estates Act.

VII

If any beneficiary under this Will in any manner, directly or indirectly, contests this Will or any of its provisions in any legal proceeding that is designed to thwart my wishes as expressed in this Will, then any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue.

VIII

I nominate my Wife, JANE DOE, to be my Executrix, and direct that she serve without bond or other security. In the event that my Wife, JANE DOE, predeceases me or fails to act or ceases to act, I nominate my Daughter, FIRST CHILD DOE, to be my Executrix, and direct that she serve without bond or other security. In the event that my Daughter, FIRST CHILD DOE, predeceases me or fails to act or ceases to act, I nominate my Son, SECOND CHILD DOE, to be my Executor, and direct that he serve without bond or other security. In the event that my Son, SECOND CHILD DOE, predeceases me or fails to act or ceases to act, I nominate by Daughter, THIRD CHILD DOE, to be my Executrix, and direct that she serve without bond or other security.

I nominate Attorney Luis Michael Bustillos to act as Attorney for my estate.

The foregoing instrument is subscribed by me on this ______ day of January, 1998, at Encinitas, California.

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JOHN DOE

ATTESTATION

The foregoing instrument, signed by Testator, JOHN DOE, and consisting of five (5) pages, including this page signed by us as witnesses, was signed on the date which it bears by JOHN DOE and was at the time of signing declare by him to be his Will. The signing and declaration were made in our presence, we being present at the same time, and we at his request and in his presence and in the presence of each other, have signed as witnesses. The Testator is over the age of eighteen (18) years and appears to be of sound mind, and is not acting under duress, menace, fraud, misrepresentation or undo influence.

Each of us, in his or her own behalf, declares under penalty of perjury that the foregoing is true and correct.

Signed on January ___, 1998, at Encinitas, California.

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