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HomeMy WebLinkAbout1989-43 Releasing any Claim under the Ruth Wilson Trust \.,.c~ ./? '-" / '7'~ RESOLUTION NO. A RESOLUTION RELEASING ANY CLAIM UNDER THE RUTH E. WILSON TRUST BY REASON OF THE CHANGE OF NAME OF CHURCH OF CHRIST, CHRISTIAN, TO CHRISTIAN CHURCH OF ASHLAND. WHEREAS, the members of the Church of Christ, Christian, desire to change the name of the church to Christian Church of Ashland for the sole reason of preventing confusion with the name of another denomination, and WHEREAS, under the provisions of the will of Ruth E. Wilson, a copy of which is attached hereto, the church will not change the name unless the City of Ashland, the contingent beneficiary under said will, consents to the change of name and releases any claim by reason thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASHLAND, as follows: SECTION 1. The City of Ashland does hereby release any claim under the foregoing will by reason of the change of name of the Church of Christ, Christian, to the Christian Church of Ashland for the sole purpose of preventing confusion with another church denomination. SECTION 2. This release shall not be considered a release except for the foregoing very limited purpose, and shall not be construed as a release under the provisions of paragraph VII of the will if the church is permanently discontinued or dissolved or merges with another church and changes its name. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the ~/~ day of 7~7~ , 1989. ~)L~ Ci ty Recorder (AcT/#tS') SIGNED AND APPROVED this .:; 1~ day of JL~ , 1989. ~ ).A~~~ Catherine M. Golden Mayor .. LAST WILL AND TP,STAMENT OF RUTH E. WILSON I, RUTH B. WILSON, of the City of Ashland, Jackson County, Oregon, being over the age of majority and of sound and diSposing mind and memory and not actinq under duress, menace, fraud or undue influence of any nerSon whomsoever, do make, publish and declare this my last will and testament, herehy expresslY,revok- ing any and all other wills, codicils or testaments by me at any time heretofore made. I. t-1y only heir at law is my husband, L. Floyd \'111son. II. It is understood that my husband and I have executed mutual wills; however, said wills are not to be interpreted as joint wills, and either ~hall have t~p right to change or modify his or her will without the consent of the other. III. I direct that all of my just debts, the expenses of my last illness and funeral expenses be promptly paid. I direct my per- sonal representative to treat as an obligation of my estate and to pay, without any apportionment ther~of, all estate, inheritance, collateral or other death taxes or duties imoosed and made payable by reason of my death by the laws of the United States, or of any Page I of 6 pages - Will of Ruth E. Wilson ~ state, territory or country. If any other person shall pay any such tax, my personal representative shall reimburse such person. IV. I give and devise all the rest and residue of my property, after the payment of the debts, expenses and taxes provided for in paraaraph III hereof, whether such property be real, personal or mixed, of whatsoever kind or character and wheresoever situ- ated, to my husband, L. Floyd T^lilson, provic1ed he survives me for a period of not less than thirty (30) days. v. In the event my husband should predecease me or survive me for a period of less than thirty (30) days, I give and devise unto my personal representative my household goods, furnishings in my home, my personal jewelry, clothing, library and any other articles ~f personal or domestic use or ornament. It is my inten- tion to leave written instructions wit~ regard to the disposition of all or a portion of said property, and my personal representa- tive is directed to deliver such personal property to the designated beneficiaries. Such items as are not listed in writing shall be delivered to the residuary heneficiary. VI. In the event my husband should predecease me or survive me for a period of less than thirty (30) days, I give and devise the sum of One thousand and nO/lOO Dollars ($1,000.00) to the City of Page 2 of 6 pages - Will of Ruth E. ~ilson \w Ashland for the use and benefit of t~e emergency unit known as "Rescue 9". VII. In the event my hushand should predecease me or survive me the rest and residue of my property, both real and personal, to for a perioa of less than thirty (30) days, I give and devise all in trust for the benefit of the Church of Christ, Christian, 2nd the First National Bank of Oregon, a national hanking association, ditions, to-wit: and "B" Streets, ^shland, Oreqon, on the followinq terms and con- T~e income from the trust estate shall be paid to the church annually or on a more frequent basis to be used by t~e church for the fOllowinq purposes: 1. The church shall accumulate the income for the paving of the church parkinq lot, pro- vided it has not already been paved. 2. Thereafter the income may be used by the church in any way the governing body of the church sees fit. If at any time the church is permanently dis- continued or dissolved or meraes with another church and changes its name, the lncome shall thereupon be paid to the City of Ashland for the use and benefit of the Ashland Community Hospital. VI I I. My trustee shall have power: A. To manage, sell, convey, exchange, encumber, divide, subdivide, iMprove and maintain the trust estate or any part Page 3 of 6 pages - Will of Ruth E. Wilson \," thereof; to create restrictions, easements and other servitudes; to carry insurance in such i1mount ann aqainst such hazards as my trustee may deem advisable; to lease, license an~ create such other riqhts, privileaes and interests as my trustee may deem advisable for terms within or extending beyond the duration of the trust. B. Upon any division or distribution of the trust estate, to partition, allot and distribute the trust estate in undivided interests or in kind at valuations determined by my trustee, or partly in kind and partly in cash, and to sell such property as my trustee may deem appropriate. c. '1'0 give proxies, pay assessments and other sums deemed necessary by my trustee for the orotection of the trust estate; to particioate in votinq trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers and liquidations, and in connection therewith to deposit securities with and transfer title to any protective or other committee or fiduciary; to exercise or sell stock subscription or conversion rights; to accept and retain as an investment any securities or other oroperty, whether or not authorized by law for the investment of trust funds, received through the exercise of any of the foregoing powers. D. To advance funds for the benefit of the trust estate, or for the payment of any distributive share or interest, any such advance with interest at current rates to be a first lien upon the trust estate: to borrow money for such purpose as my trustee shall deem to be for the interest of the trust estate upon such terms and conditions as my trustee may deem proper. Page 4 of 6 paqes Will of Ruth E. Wilson ,.. E. To realize, by suit or otherwise, upon any promissory note or other chose in action, and in settlement thereof to com- promise, discount, adjust, extend or abandon same. F. To invest and reinvest the trust estate in such bonds, mortgages, debentures, preferred or common stocks or other real or personal property as my trustee may in its unrestricted dis- cretion deem advisable. G. To receive indemnity to its satisfaction before taking any step which may subject it to loss. H. To resign its trusteeship hereunder at any time. In the event of such resignation, the trustee or any person interested in the trust may take such steps as may be necessary to secure the appointment of a new trustee In the manner provided by law. I. To employ such attorneys or agents as it may consider necessary. J. To do all things it might co in the absence of the fore- going specific powers. IX. I hereby nominate and appoint my husband, L. Floyd 1;.1ilson, to be personal representative of my estate, to serve without bond. In the event of the death, disability, lack of qualification or refusal of the said L. Floyd Wilson to act, I hereby nominate and appoint the First National Bank of Oregon, a national banking association, to be personal representative. x. I hereby empower my said personal representative to lease, Page 5 of 6 pages - Will of Ruth E. Wilson " encumber, sell, exchanae or otherwise dei'll with or dispose of all my property, real or personal, or any part thereof,. in such manner, at such times, and upon such terms as said personal rep- resentative shall deem to be to the interest of my estate, such sale or other disposition to be made at public or private sale in the discretion of my personal represen'tative without any ref- erence to the order of disposition of real and ~ersonal property and without any petition, citation, hearing, notice of sale, order or any other action. I further authorize my personal rep- resentative to hold, manage and operate i'lny property and any business belonging to my estate at the risk of my estat,e and not at the risk of my personal representative, the profits and losses therefrom to inure or be chargeable to my estate as a whole. IN WIT~F.SS WHF:REOF, I have hereunto set my hand and seal this L{ 'tJ day of ~~!l, 1979. ---Ep.;c( C. LJ~.Q~t'L- ( SEAL) The foregoinq instrument, consisting of five (5) pages be- sides this, was, at the date hereof, by said Ruth E. Wilson signed, sealed and published as, and declared to be, her last will and testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have sianed our names as witnesses hereto. ~:::::: ::~~ ~ ~ Page 6 of 6 pages - Will of Rut~ EO' fHlson 1.1.74 n -.... o~ no" 'A<e,,,,u CV'''Lf~''.J'AI''UU'l1 l"lU"l1" ,'Ld '"" _ ... 0 '.. ... .," C0. POHlL<Nu,'N '-' 'I AmDAVIT OF WITNESSES TO WILL ExECUTED CONTEMPORANEOUSLY 'rHEREWJTH STATE OF OREGON, County 01 Jackson 55. 1, Maxine c. Hoe~ner and I. Harry A. Skerry, Jr. ........................u..... beinA lirst duly sworn, each for himself and not one lor the other, depose and say that: 1 reside in ....h................. Ashland ...--.....-................. .................. ... ... .... ............., '" '" -................. "-........ .......... Jackson ... County, State 01 Oreg().n 1 know .........~ll.~.~....E:.~....~~.J~.<?D...... called the testator). n.......__.._................ . (hereinafter the undersigned affiants at which time the said testator published and declared said instrument to be his last will and siAned by said testator on the date it bears immediately prior to the execution of this affidllvit in the presence of The instrument attached to this affidavit is the last will and testament of the said test/ttor; the said will was testament and requested af/iants to act as witnesses thereto, whereupon the other witness and I, each havinlt seen lt8id testator siAn said will, signed our names to said will as such witnesses at testator's direction. I hereby identify the silt- natures on the attached will as those of the said testator, the other attesting witness and myself. At the time 01 executing his said will the said testator was over the age of eilthteen ye/trs and was of sound best of my knowledge and belief. and disposing mind and was not acting under any restraint, undue influence or fraudulent representations, to the wil,. include a codicil. the leminine, the singular includes the plural, the word "testcltor" means "testatrix" and the te/'ms "wil" and "last In construing this affidavit and where the context and the circumstances so require, the! masculine includes Subscribed al/d sworn to before me this...1/'. C:...::;.~~..vh~ .. ~ ~/-- d f ~-pri-l- "~ 19 79 ~~'~7//. .~ NotclTY Public for Oregn.... _..._..... ..... My commission expires li<:. ~I Yf.~_ .. (SEAL) AFFIIlAVlT OF ATTESTING WITNESS TO WILT.