Last Will and Testament of Moses Clark MILLER
ITEM II.
I devise and bequeath to my beloved wife, RUTH McCLELLAN MILLER, all of my corporeal, tangible, personal property, including my clothing, books, jewelry, automobiles, and other items of personal use and adornment.
ITEM III.
I devise and bequeath to my said wife, RUTH McCLELLAN MILLER, property equal in value to the maximum marital deduction allowable under the Federal Estate Tax laws with reference to my estate, provided, however, that the amount so devised and bequeathed shall be reduced by the value of the property qualifying for said marital deduction which passes or has passed to my said wife either under other provisions of this Will or outside of this Will (including life insurance payable to her as named beneficiary, and bank accounts, bonds and real property owned by my said wife and me as joint tenants with full rights of survivorship). No assets shall be included within this devise and bequest which do not qualify for said marital deduction. The determination as to what property of my estate shall constitute this devise and bequest shall be left to the sole discretion of the executrix, but the cash and other property selected in satisfaction of such devise and bequest shall have an aggregate fair market value fairly representative of the distributee's proportionate share of the appreciation or depreciation in the value to the date, or dates, or distribution of all property then available for distribution. All values shall be those finally determined for Federal Estate Tax purposes. The amount of assets comprising this devise and bequest shall be determined before there is a reduction of my estate by reason of inheritance, estate or transfer taxes due by reason of my death.
While testator recognizes that legally my wife has full and complete authority to dispose of said property as to her will and desire, yet it is my hope that she may see fit, to dispose of any remainder of this devise as follows: to my stepson, Dr. Charles Blue, 1/4; Mrs. Emma Lou Miller Kuhne, 1/4; Mrs. Sara Evelyn Miller Savage, 1/4; and to the children of my deceased daughter, Mrs. Marilyn Miller Giffin, an undivided 1/4 interest collectively or a 1/16 interest each in said devise.
ITEM IV.
I give, devise and bequeath all the rest, residue and remainder of my estate wheresoever located as follows:
To my wife, RUTH McCLELLAN MILLER, a life estate in said residue of my estate.
To my two daughters, Mrs. Emma Lou Miller Kuhne, and Mrs. Sarah Evelyn Miller Savage, and to the children of my deceased daughter, Mrs. Marilyn Miller Giffin, the remainder
interest in said residue of my estate in the following proportions:
To Mrs. Emma Lou Miller Kuhne, and to Mrs. Sara Evelyn Miller Savage, an undivided 1/3 interest each in the remainder of the residue of my estate; and to the children of my deceased daughters, Mrs. Marilyn Miller Giffin, an undivided 1/3 interest collectively in the remainder of the residue of my said estate, or an undivided 1/12 interest each in the remainder of said residue.
(November 23, 1976)