LAST_WILL_&_TESTAMENT: Obtained from Chelan County Clerk, P.O. Box 3025, Wenatchee, WA 98807, in a letter postmarked 8 March 1991. Stamped on the first page is : Filed and Recorded on Micro-film Roll _5_. Feb 28, 1967, Muriel E. Roath, Co. Clerk, by M.S. Deputy. Handwritten in the upper right-hand corner is: No. 8923. The will reads as follows: Last Will and Testament of Oscar L. Fortin.
I, OSCAR L. FORTIN, of 906 N. Miller, Wenatchee, Chelan County, Washington, being of legal age, of sound and disposing mind and memory, and not acting under any duress, menace, fraud or undue influence of any person, circumstance or matter whatsoever, do hereby freely and voluntarily make, publish and declare this my Last Will and Testament.
FIRST: I direct that my executrix hereinafter named, as soon as she shall have sufficient funds therefor, shall pay my funeral expenses, the expenses of my last illness, and the costs of administration, in order of priority and in the manner prescribed by the laws of the State wherein this Will may be admitted to probate.
SECOND: I hereby declare and assert that the issue of my body living at this time are my beloved children, Victor L. Fortin, of Seattle, Washington, and Kay A. Stover (Mrs. Gerald Stover), of Seattle, Washington, both of legal age.
THIRD: I hereby give, devise and bequeath to my beloved wife, Maude L. Fortin, all of my estate, of every kind and character and wheresoever the same may be situated, if she shall survive me to take distribution.
FOURTH: Only in the contingency that my wife, Maude L. Fortin, shall not survive me to take distribution by order of Court in any probate of this Will, I do then give, devise and bequeath all of my estate of every kind and character and wheresoever the same may be situated to my children and to the child of my wife, to Victor L. Fortin and to any heir of his present marriage; to Kay A. Stover and to her heirs; and to Oliver W. Larson, and to his heirs, share and share alike.
FIFTH: I hereby expressly provide, order and direct that all of my estate, both real and personal property, of which I may be possessed or in which I may have an interest at the time of my death, together with the rents, issues, profits, proceeds, increments and additions thereto and therefrom, shall be managed, administered, distributed and (page 2 begins here)settled by my executrix hereinafter, named, without the intervention of any Court, person or tribunal, except as may be required under the applicable laws relating to non-intervention wills, and in such manner and on such term and conditions as she may deem best for the management of the estate.
That my executrix is specifically given the power (but not by way of limitation), to sell at private or public sale, liquidate, lease, rent, mortgage, encumber, repair, improve and manage such assets whether necessary for administrative purposes or not, all without any notice, application, order or confirmation to or by any Court, person or tribunal, and on such terms and conditions as my executrix in his discretion shall deem best. That no bond shall be required of my executrix to act in that or any other capacity.
SIXTH: I hereby nominate and appoint my wife, MAUDE L. FORTIN, as the executrix of this, my Last Will and Testament.
SEVENTH: In the event that the said Maude L. Fortin shall not survive me, or in the further event that she be unable or unwilling to serve, then I do hereby nominate and appoint Oliver W. Larson, of Wenatchee, Washington, as the executor of this Will, to serve without bond and without the intervention of any Court, person or tribunal, giving and granting unto such alternate executor the same rights, powers, and prerogatives hereinbefore granted to my first choice of executrix.
EIGHTH: I hereby revoke any and all former Wills and Codicils by me made.
IN WITNESS WHEREOF, I have hereunto set my hand and publish and declare this as my Last Will and Testament this 5th day of January, 1957. Oscar L. Fortin. The foregoing instrument was, on the 5th day of January 1957 signed and published as and declared by Oscar L. Fortin, to be (page 3 begins here) his Last Will and Testament in our presence, and we, being of the opinion that at the time of executing this Will, Oscar L. Fortin was of sound and disposing mind and memory and not acting under any duress, menace, fraud or undue influence of any person, have at his request and in his presence, and in the presence of each other, subscribed our names as attesting witnesses, this 5th day of January, 1957.
Jon H. Phelps, residing at Wenatchee, Washington
Edward T. Engst, residing at Wenatchee, Washington.
PROBATE_RECORD_1: Obtained at the same time and from the same place as the "Last Will and Testament", shown above. It reads as follows.
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF CHELAN IN PROBATE In the Matter of the Estate of OSCAR L. FORTIN, deceased. No. 8923, PETITION FOR PROBATE OF WILL. (stamped "FILED Feb 23, 1967" and initialed M.S.). TO THE HONORABLE JUDGE OF THE ABOVE ENTITLED COURT:
The petition of Maude L. Fortin respectfully shows to this Court:
That Oscar L. Fortin died in Wenatchee, County of Chelan, State of Washington, on the 4th day of January, 1967, and that he was, at the time of his death a resident of Chelan County, Washington, and left estate in Chelan County, Washington, the probable value of which is: Real Property $7,500.00; Personal Property $500.00.
That the said decedent left surviving the following as his only heirs, devisees and legatees:
Name - Age - Relationship - Address - Est. Value of Distrib. sh.
Maude L. Fortin L Spouse 906 North Miller, Wenatchee, Wash. All
Victor L. Fortin L Son Box 43, Juneau, Alaska Nil
Kay Stover L Daughter 8242 S. 124th, Seattle, Wash. NilThat Oscar L. Fortin died testate, having executed his last will and testament dated the 5th day of January, 1957, in the presence of Jon H. Phelps and Edward T. Engst., competent witnesses.
That in said Will Oscar L. Fortin appointed as Executrix Maude L. Fortin.
That at the time of executing said Will said decedent had attained the age of majority and was of sound and disposing mind and memory.
WHEREFORE, you petitioner prays that said Court make and cause to be entered a formal order establishing and probating said Will.
That the appointment of said Maude L. Fortin as Executrix be confirmed to act without bond and without intervention of Court as the Will provides. Maude L. Fortin. (page 2 begins here) STATE OF WASHINGTON, County of Chelan ) ss. MAUDE L. FORTIN, being first duty sworn on oath says:
That she is the Petitioner named in the foregoing petition; that she read said petition, knows the contents thereof, and believes the same to be true. Maude L. Fortin
Subscribed and sworn to before me this 28th day of February, 1967.
Peter A. Young, Notary Public in and for the State of Washington, residing at Wenatchee.
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